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CFR › Title 21 › Chapter II › Part 1316 › Subpart F › Section 1316.90

21 CFR 1316.90 - Purpose and scope.

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§ 1316.90
Purpose and scope.
(a) The following definitions, regulations, and criteria are designed to establish and implement procedures required by sections 6079 and 6080 of the Anti-Drug Abuse Act of 1988, Public Law No. 100-690 (102 Stat. 4181). They are intended to supplement existing law and procedures relative to the forfeiture of property under the identified statutory authority. The provisions of these regulations do not affect the existing legal and equitable rights and remedies of those with an interest in property seized for forfeiture, nor do these provisions relieve interested parties from their existing obligations and responsibilities in pursuing their interests through such courses of action. These regulations are intended to reflect the intent of Congress to minimize the adverse impact on those entitled to legal or equitable relief occasioned by the prolonged detention of property subject to forfeiture due to violations of law involving personal use quantities of controlled substances, and conveyances seized for drug-related offenses. The definition of personal use quantities of a controlled substance as contained herein is intended to distinguish between those quantities small in amount which are generally considered to be possessed for personal consumption and not for further distribution, and those larger quantities generally considered to be subject to further distribution.
(b) In this regard, for violations involving the possession of personal use quantities of a controlled substance, section 6079(b)(2) requires either that administrative forfeiture be completed within 21 days of the seizure of the property, or alternatively, that procedures are established that provide a means by which an individual entitled to relief may initiate an expedited administrative review of the legal and factual basis of the seizure for forfeiture. Should an individual request relief pursuant to these regulations and be entitled to the return of the seized property, such property shall be returned immediately following that determination, and the administrative forfeiture process shall cease. Should the individual not be entitled to the return of the seized property, however, the administrative forfeiture of that property shall proceed. The owner may, in any event, obtain release of property pending the administrative forfeiture by submitting to the agency making the determination, property sufficient to preserve the government's vested interest for purposes of the administrative forfeiture.
(c) Section 6080 requires a similar expedited review by the Attorney General or his representative in those instances where a conveyance is being forfeited in a civil judicial proceeding following its seizure for a drug-related offense.

Title 21 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 21.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 19 - CUSTOMS DUTIES

§ 1606 - Seizure; appraisement

§ 1607 - Seizure; value $500,000 or less, prohibited articles, transporting conveyances

§ 1608 - Seizure; claims; judicial condemnation

§ 1610 - Seizure; judicial forfeiture proceedings

§ 1613 - Disposition of proceeds of forfeited property

§ 1618 - Remission or mitigation of penalties

USC : Title 21 - FOOD AND DRUGS

§ 811 - Authority and criteria for classification of substances

§ 812 - Schedules of controlled substances

§ 822 - Persons required to register

§ 830 - Regulation of listed chemicals and certain machines

§ 871 - Attorney General

§ 871a - Semiannual reports to Congress

§ 872 - Education and research programs of Attorney General

§ 875 - Administrative hearings

§ 880 - Administrative inspections and warrants

§ 881 - Forfeitures

21 USC § 881–1, 881a - Transferred

§ 883 - Enforcement proceedings

§ 958 - Registration requirements

§ 965 - Applicability of part E of subchapter I

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 509 - Functions of the Attorney General

§ 510 - Delegation of authority

Public Laws

100-690

Title 21 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 21 CFR 1316 after this date.

  • 2012-09-12; vol. 77 # 177 - Wednesday, September 12, 2012
    1. 77 FR 56093 - Consolidation of Seizure and Forfeiture Regulations
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Drug Enforcement Administration
      Final rule.
      Effective Date: This rule is effective October 12, 2012.
      21 CFR Part 1316