21 U.S. Code § 830 - Regulation of listed chemicals and certain machines
A regulated seller may not sell any scheduled listed chemical product at retail unless the seller has submitted to the Attorney General the self-certification referred to in subparagraph (A)(vii). The certification is not effective for purposes of the preceding sentence unless, in addition to provisions regarding the training of individuals referred to in such subparagraph, the certification includes a statement that the seller understands each of the requirements that apply under this paragraph and under subsection (d) and agrees to comply with the requirements.
Promptly after receiving a certification under subparagraph (A)(vii), the Attorney General shall make available a copy of the certification to the appropriate State and local officials.
The Attorney General shall develop and make available a list of all persons who are currently self-certified in accordance with this section. This list shall be made publicly available on the website of the Drug Enforcement Administration in an electronically downloadable format.
For purposes of section 1001 of title 18, entering information in the logbook under subparagraph (A)(iii) shall be considered a matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States.
A regulated seller who in good faith releases information in a logbook under subparagraph (A)(iii) to Federal, State, or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.
Subparagraph (A) does not apply to the sale at retail of a scheduled listed chemical product if a report on the sales transaction is required to be submitted to the Attorney General under subsection (b)(3).
A regulated seller may take reasonable measures to guard against employing individuals who may present a risk with respect to the theft and diversion of scheduled listed chemical products, which may include, notwithstanding State law, asking applicants for employment whether they have been convicted of any crime involving or related to such products or controlled substances.
Upon the application of a manufacturer of a scheduled listed chemical product, the Attorney General may by regulation provide that the product is exempt from the provisions of subsection (d) and paragraphs (1) and (2) of this subsection if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine.
 See References in Text note below.
The Food, Drug, and Cosmetic Act, referred to in subsec. (b)(3)(A)(i), probably means the Federal Food, Drug, and Cosmetic Act, act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables.
This subchapter, referred to in subsecs. (b)(3)(D)(vi), (E) and (e)(1)(C)(ii), was in the original “this title”, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables.
Subchapter II of this chapter, referred to in subsecs. (b)(3)(D)(iv), (E) and (c)(2)(A), (B), was in the original “title III”, meaning title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises subchapter II of this chapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Tables.
2010—Subsec. (e)(1)(B)(v). Pub. L. 111–268, § 3, added cl. (v).
Subsec. (e)(2)(C). Pub. L. 111–268, § 2, added subpar. (C).
2008—Subsec. (e)(1)(A)(iv) to (vi). Pub. L. 110–415 added cls. (iv) to (vi) and struck out former cls. (iv) to (vi) which related to procedures for sales subject to the logbook requirement.
2006—Subsec. (b)(3)(D)(ii). Pub. L. 109–177, § 711(c)(2), inserted “, except that this clause does not apply to sales of scheduled listed chemical products at retail” before period at end.
Pub. L. 109–177, § 711(a)(2)(B), substituted “section 802(49)” for “section 802(46)”.
Subsec. (b)(3)(D)(v). Pub. L. 109–177, § 716(b)(2), substituted “section 971(f)(2)” for “section 971(e)(2)”.
Subsec. (d). Pub. L. 109–177, § 711(b)(1), added subsec. (d).
Subsec. (e)(1). Pub. L. 109–177, § 711(b)(1), added subsec. heading and par. (1).
Subsec. (e)(2). Pub. L. 109–177, § 711(c)(1), added par. (2).
Subsec. (e)(3). Pub. L. 109–177, § 711(d), added par. (3).
2000—Subsec. (b)(3). Pub. L. 106–310 added subpars. (A), (D), and (E), redesignated former subpars. (A) and (B) as (B) and (C), respectively, and inserted “or who engages in an export transaction” after “nonregulated person” in introductory provisions of subpar. (B).
1996—Subsec. (a)(1). Pub. L. 104–237, § 208, substituted “for two years after the date of the transaction.” for the dash after “record of the transaction” and struck out subpars. (A) and (B) which read as follows:
“(A) for 4 years after the date of the transaction, if the listed chemical is a list I chemical or if the transaction involves a tableting machine or an encapsulating machine; and
“(B) for 2 years after the date of the transaction, if the listed chemical is a list II chemical.”
Subsec. (b)(3). Pub. L. 104–237, § 402, added par. (3).
1993—Subsec. (a)(1). Pub. L. 103–200, § 2(c)(1), substituted “list I chemical” for “precursor chemical” in subpar. (A) and “a list II chemical” for “an essential chemical” in subpar. (B).
Subsec. (b). Pub. L. 103–200, § 10, designated existing provisions as par. (1), redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, in concluding provisions, substituted “subparagraph (A)” for “paragraph (1)” in two places, “subparagraph (B)” for “paragraph (2)”, and “subparagraph (C)” for “paragraph (3)”, and added par. (2).
Subsec. (c)(2)(D). Pub. L. 103–200, § 2(c)(2), substituted “chemical control laws” for “precursor chemical laws”.
1988—Pub. L. 100–690 amended section generally, substituting provisions relating to regulation of listed chemicals and certain machines for provisions relating to reporting by any person who distributes, sells, or imports any piperidine.
Pub. L. 95–633, title II, § 203(b), Nov. 10, 1978, 92 Stat. 3777, required the Attorney General to publish proposed interim regulations for piperidine reporting under section 830(a) of this title not later than 30 days after enactment, and final interim regulations not later than 75 days after enactment, such final interim regulations to be effective on and after the ninety-first day after enactment.
Pub. L. 95–633, title II, § 203(c), Nov. 10, 1978, 92 Stat. 3777, required the Attorney General to analyze and evaluate the impact and effectiveness of the amendments made by title II of Pub. L. 95–633, and report to the President and Congress not later than Mar. 1, 1980.
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