Sec. 3. Restrictions on distribution of bulk dextromethorphan
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The Federal Food, Drug, and Cosmetic Act is amended— in section 301 ( 21 U.S.C. 331 ) (as amended by section 2(a)) by adding at the end the following: The possession, receipt, or distribution of unfinished dextromethorphan in violation of section 506I. ; by inserting after section 506H (as added by section 2(b)) the following: No person shall— possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in— the practice of pharmacy; or drug or drug ingredient discovery, production, manufacture, or distribution; or distribute unfinished dextromethorphan to any person other than a person described in paragraph (1).
This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a). In this section: The term common carrier means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States.
The term unfinished dextromethorphan means dextromethorphan that is not contained in a drug that is in finished dosage form. ; and by amending section 303, as amended by section 2(c), by adding at the end the following: A person that violates section 301(hhh) shall not be subject to subsection
(a)or any civil monetary penalty under this Act for such violation except such person shall be subject to a civil penalty in an amount of not more than $100,000. . The amendments made by this section apply beginning on the date of enactment of this Act.
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Sec. 3
Restrictions on distribution of bulk dextromethorphan
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