21 U.S.C. § 384g — Restricting entrance of illicit drugs
submitted 8 years ago by Pub. L. 115-271 to r/title-21-FOOD-AND-DRUGS · 275 words · no verdicts yet
This law requires the FDA and Customs and Border Protection to agree on a list of controlled substances that the FDA will hand over to Customs when found in international mail shipments that appear to break drug laws. It also requires a report to Congress.
(a) Food* and Drug* Administration and U.S. Customs and Border Protection cooperation. (1) The Secretary* of Health and Human Services, acting through the FDA Commissioner* and working with Customs and Border Protection, must create and regularly update a list — agreed on by both agencies — of controlled substances that the Secretary will refer to Customs and Border Protection when those substances are offered for import through international mail and appear to break the Controlled Substances Act, the Controlled Substances Import and Export Act, the Federal Food, Drug, and Cosmetic* Act, or any other applicable law (unless the two agencies agree to handle it differently). The Secretary must transfer controlled substances on this list to Customs and Border Protection. If the Secretary finds other packages that look like they match a package already found to contain a controlled substance, those packages may also be transferred. Customs and Border Protection must accept these packages consistent with the Controlled Substances Act. (2) Within 9 months of October 24, 2018, the Secretary, acting through the FDA Commissioner and working with the Secretary of Homeland Security, must report to the House Energy and Commerce Committee and the Senate Health, Education, Labor, and Pensions Committee on how this section is being carried out.
The Secretary* of Health and Human Services (referred to in this section as the “Secretary”), acting through the Commissioner* of Food and Drugs and in consultation with the U.S. Customs and Border Protection, shall develop and periodically update a mutually agreed upon list of the controlled substances that the Secretary will refer to U.S. Customs and Border Protection, unless the Secretary and U.S. Customs and Border Protection agree otherwise, when such substances are offered for import via international mail and appear to violate the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), the Federal Food, Drug, and Cosmetic* Act (21 U.S.C. 301 et seq.), or any other applicable law. The Secretary shall transfer controlled substances on such list to the U.S. Customs and Border Protection. If the Secretary identifies additional packages that appear to be the same as such package containing a controlled substance, such additional packages may also be transferred to U.S. Customs and Border Protection. The U.S. Customs and Border Protection shall receive such packages consistent with the requirements of the Controlled Substances Act (21 U.S.C. 801 et seq.).
Not later than 9 months after October 24, 2018, the Secretary, acting through the Commissioner of Food and Drugs and in consultation with the Secretary of Homeland Security, shall report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the implementation of this section.
Source credit: (Pub. L. 115–271, title III, § 3022(a), Oct. 24, 2018, 132 Stat. 3938.)
- 2018Enacted · Pub. L. 115-271 · 132 Stat. 3938
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-271 on 2018-10-24.
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