21 U.S.C. § 828 — Order forms
submitted 56 years ago by Pub. L. 91-513 to r/title-21-FOOD-AND-DRUGS · 596 words · no verdicts yet
Schedule I or II controlled substances generally may be distributed only under a written order on an Attorney General form. The section lists exceptions, requires both sides to preserve orders for two years, limits forms to registered or exempt persons, and forbids obtaining substances for unlawful purposes.
(a) A person may not distribute* a schedule I or II controlled substance* except under the recipient's written order on an Attorney General form issued under (d) and its rules.
(b) That rule does not apply to (1) compliant exports; (2) delivery* to or by a common or contract carrier or warehouseman in the ordinary lawful business, although an owner distributing to a third person must still comply; or (3) delivery for disposal by an ultimate user*, long-term-care facility, or other person acting under section 822(g).
(c)(1) A distributor* using a required order must keep it two years and make it available for inspection and copying by authorized Federal officers and authorized State* or local enforcement officers. (2) The person giving the order must make a duplicate at or before giving it, and, if accepted, keep the duplicate two years and make it available to those officers.
(d)(1) The Attorney General may issue forms only to validly registered or section 822(d)-exempt persons, and must put the person's name on the form before delivery. Everyone else is forbidden to use it to obtain controlled substances or give it to someone intending to procure a distribution. (2) The Attorney General may charge reasonable fees covering issuance and related necessary activities.
(e) A person may not use an order form to obtain controlled substances for anything other than lawful business use, distribution, dispensing, or administration, or professional practice or research.
It shall be unlawful for any person to distribute* a controlled substance* in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section.
Nothing in subsection (a) shall apply to—
the exportation of such substances from the United States in conformity with subchapter II;
the delivery* of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor* from compliance with subsection (a); or
the delivery of such a substance for the purpose of disposal by an ultimate user*, long-term care facility, or other person acting in accordance with section 822(g) of this title.
Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the United States duly authorized for that purpose by the Attorney General, and by officers or employees of States or their political subdivisions who are charged with the enforcement of State* or local laws regulating the production*, or regulating the distribution or dispensing, of controlled substances and who are authorized under such laws to inspect such orders.
Every person who gives an order required under subsection (a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection.
The Attorney General shall issue forms pursuant to subsections (a) and (c)(2) only to persons validly registered under section 823 of this title (or exempted from registration under section 822(d) of this title). Whenever any such form is issued to a person, the Attorney General shall, before delivery thereof, insert therein the name of such person, and it shall be unlawful for any other person (A) to use such form for the purpose of obtaining controlled substances or (B) to furnish such form to any person with intent thereby to procure the distribution of such substances.
The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the United States of issuing such forms, and other necessary activities in connection therewith.
It shall be unlawful for any person to obtain by means of order forms issued under this section controlled substances for any purpose other than their use, distribution, dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research.
Source credit: (Pub. L. 91–513, title II, § 308, Oct. 27, 1970, 84 Stat. 1259; Pub. L. 111–273, § 3(b), Oct. 12, 2010, 124 Stat. 2860.)
- 1970Enacted · Pub. L. 91-513 · 84 Stat. 1259
- 2010Amended · Pub. L. 111-273 · 124 Stat. 2860
A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-513 on 1970-10-27.
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