21 U.S.C. § 951 — Definitions

Page 892 TITLE 21—FOOD AND DRUGS § 951 connection with the operations of the Drug En- forcement Administration abroad. (Pub. L. 91–513, title II, § 709, Oct. 27, 1970, 84 Stat. 1284; Pub. L. 93–481, § 1, Oct. 26, 1974, 88 Stat. 1455; Pub. L. 95–137, § 1(a), Oct. 18, 1977, 91 Stat. 1169; Pub. L. 96–132, §§ 13, 15, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 97–414, § 9(g)(1), Jan. 4, 1983, 96 Stat. 2064.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–414 struck out subsecs. (a) and (b) which had provided, respectively, that (a) there were authorized to be appropriated $105,000,000 for the fiscal year ending June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, $200,000,000 for the fiscal year end- ing September 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, $215,000,000 for the fiscal year ending September 30, 1979, and $198,336,000 for the fiscal year ending September 30, 1980, for the expenses of the Department of Justice in carrying out its func- tions under this subchapter, and that (b) no funds ap- propriated under any other provision of this chapter could be used for the expenses of the Department of Justice for which funds were authorized to be appro- priated by former subsection (a) of this section, and re- moved the subsection designator (c) before ‘‘Notwith- standing’’. 1979—Subsec. (a). Pub. L. 96–132, § 15, inserted provi- sions authorizing appropriations of $198,336,000 for the fiscal year ending Sept. 30, 1980. Subsec. (c). Pub. L. 96–132, § 13, added subsec. (c). 1977—Subsec. (a). Pub. L. 95–137 substituted ‘‘Sep- tember 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, and $215,000,000 for the fiscal year ending September 30, 1979,’’ for ‘‘June 30, 1977,’’ and struck out ‘‘(other than its expenses incurred in con- nection with carrying out section 803(a) of this title)’’. 1974—Pub. L. 93–481 designated existing provisions as subsec. (a), substituted authorization of appropriations for fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977, for authorization of appropriations for fiscal years ending June 30, 1972, June 30, 1973, and June 30, 1974, and added subsec. (b). SUBCHAPTER II—IMPORT AND EXPORT Editorial Notes CODIFICATION This subchapter is comprised of Part A of title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part B of title III contains amendatory, repealing, and transitional provisions generally classified elsewhere. § 951. Definitions (a) For purposes of this subchapter— (1) The term ‘‘import’’ means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tar- iff laws of the United States). (2) The term ‘‘customs territory of the United States’’ has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States. (b) Each term defined in section 802 of this title shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I. (Pub. L. 91–513, title III, § 1001, Oct. 27, 1970, 84 Stat. 1285; Pub. L. 100–418, title I, § 1214(m), Aug. 23, 1988, 102 Stat. 1158.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. This subchapter, referred to in subsecs. (a) and (b), was in the original ‘‘this title’’, meaning title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises this subchapter. For classification of Part B, consisting of sections 1101 to 1105 of title III, see Ta- bles. AMENDMENTS 1988—Subsec. (a)(2). Pub. L. 100–418 substituted ‘‘gen- eral note 2 of the Harmonized Tariff Schedule of the United States’’ for ‘‘general headnote 2 to the Tariff Schedules of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of Title 19, Customs Duties. EFFECTIVE DATE Pub. L. 91–513, title III, § 1105(a)–(c), Oct. 27, 1970, 84 Stat. 1295, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(a) Except as otherwise provided in this section, this title [see Short Title note below] shall become effective on the first day of the seventh calendar month that be- gins after the day immediately preceding the date of enactment [Oct. 27, 1970]. ‘‘(b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104 [see Short Title note below and sections 171 note, 951, 956, 957 note, 965, and 966 of this title], and this section shall become effective upon enactment [Oct. 27, 1970]. ‘‘(c)(1) If the Attorney General, pursuant to the au- thority of section 704(c) of title II [set out as a note under section 801 of this title], postpones the effective date of section 306 (relating to manufacturing quotas) [section 826 of this title] for any period beyond the date specified in section 704(a) [set out as a note under sec- tion 801 of this title], and such postponement applies to narcotic drugs, the repeal of the Narcotics Manufac- turing Act of 1960 [sections 501 to 517 of this title] by paragraph (10) of section 1101(a) of this title is hereby postponed for the same period, except that the post- ponement made by this paragraph shall not apply to the repeal of sections 4, 5, 13, 15, and 16 of that Act [which were classified to sections 182, 503, 511, and 513 of this title and sections 4702, 4731, and 4731 note of Title 26, Internal Revenue Code]. ‘‘(2) Effective for any period of postponement, by paragraph (1) of this subsection, of the repeal of provi- sions of the Narcotics Manufacturing Act of 1960 [sec- tions 501 to 517 of this title], that Act shall be applied subject to the following modifications: ‘‘(A) The term ‘narcotic drug’ shall mean a narcotic drug as defined in section 102(16) of title II [section 802(16) of this title], and all references, in the Narcotics Manufacturing Act of 1960 [sections 501 to 517 of this title], to a narcotic drug as defined by section 4731 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954, section 4731 of Title 26] are amended to refer to a nar- cotic drug as defined by such section 102(16) [section 802(16) of this title]. ‘‘(B) On and after the date prescribed by the Attorney General pursuant to clause (2) of section 703(c) of title II, [set out as a note under section 822 of this title], the requirements of a manufacturer’s license with respect to a basic class of narcotic drug under the Narcotics Manufacturing Act of 1960 [sections 501 to 517 of this title], and of a registration under section 4722 of the In- Page 893 TITLE 21—FOOD AND DRUGS § 952 ternal Revenue Code of 1986 [formerly I.R.C. 1954, sec- tion 4722 of Title 26] as a prerequisite to issuance of such a license, shall be superseded by a requirement of actual registration (as distinguished from provisional registration) as a manufacturer of that class of drug under section 303(a) of title II [section 823(a) of this title]. ‘‘(C) On and after the effective date of the repeal of such section 4722 [section 4722 of title 26] by section 1101(b)(3) of this title, but prior to the date specified in subparagraph (B) of this paragraph, the requirement of registration under such section 4722 [section 4722 of title 26] as a prerequisite of a manufacturer’s license under the Narcotics Manufacturing Act of 1960 [sec- tions 501 to 517 of this title] shall be superseded by a re- quirement of either (i) actual registration as a manu- facturer under section 303 of title II [section 823 of this title] or (ii) provisional registration (by virtue of a pre- existing registration under such section 4722) under sec- tion 703 of title II [set out as a note under section 822 of this title].’’ SHORT TITLE Pub. L. 91–513, title III, § 1000, Oct. 27, 1970, 84 Stat. 1285, provided that: ‘‘This title [enacting this sub- chapter, amending sections 162 and 967 of this title, sec- tion 4251 of Title 18, Crimes and Criminal Procedure, section 1584 of Title 19, Customs Duties, sections 4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of Title 26, Internal Revenue Code, section 2901 of Title 28, Judiciary and Judicial Procedure, sections 529d, 529e, and 529f of former Title 31, Money and Finance, section 304m of former Title 40, Public Buildings, Prop- erty, and Works, section 3411 of Title 42, The Public Health and Welfare, section 239a of former Title 46, Shipping, and section 787 of former Title 49, Transpor- tation, repealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193, 197, 198, 199, and 501 to 517 of this title, sections 1401 to 1407, and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of former Title 31, sec- tion 1421m of Title 48, Territories and Insular Posses- sions, and enacting provisions set out as notes under this section and sections 171 and 957 of this title] may be cited as the ‘Controlled Substances Import and Ex- port Act’.’’ RULES AND REGULATIONS Pub. L. 91–513, title III, § 1105(d), Oct. 27, 1970, 84 Stat. 1296, provided: ‘‘Any orders, rules and regulations which have been promulgated under any law affected by this title [see Short Title note above] and which are in effect on the day preceding enactment of this title [Oct. 27, 1970] shall continue in effect until modified, superseded, or repealed.’’ § 952. Importation of controlled substances (a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or V; ex- ceptions It shall be unlawful to import into the cus- toms territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any controlled substance in schedule I or II of subchapter I, or any narcotic drug in schedule III, IV, or V of subchapter I, or ephedrine, pseudoephedrine, or phenylpropanolamine, except that— (1) such amounts of crude opium, poppy straw, concentrate of poppy straw, and coca leaves, and of ephedrine, pseudoephedrine, and phenylpropanolamine, as the Attorney Gen- eral finds to be necessary to provide for med- ical, scientific, or other legitimate purposes, and (2) such amounts of any controlled substance in schedule I or II or any narcotic drug in schedule III, IV, or V that the Attorney Gen- eral finds to be necessary to provide for the medical, scientific, or other legitimate needs of the United States— (A) during an emergency in which domes- tic supplies of such substance or drug are found by the Attorney General to be inad- equate, (B) in any case in which the Attorney Gen- eral finds that competition among domestic manufacturers of the controlled substance is inadequate and will not be rendered ade- quate by the registration of additional man- ufacturers under section 823 of this title, or (C) in any case in which the Attorney Gen- eral finds that such controlled substance is in limited quantities exclusively for sci- entific, analytical, or research uses, may be so imported under such regulations as the Attorney General shall prescribe. No crude opium may be so imported for the purpose of manufacturing heroin or smoking opium. (b) Nonnarcotic controlled substances in sched- ule III, IV, or V It shall be unlawful to import into the cus- toms territory of the United States from any place outside thereof (but within the United States), or to import into the United States from any place outside thereof, any non- narcotic controlled substance in schedule III, IV, or V, unless such nonnarcotic controlled sub- stance— (1) is imported for medical, scientific, or other legitimate uses, and (2) is imported pursuant to such notification, or declaration, or in the case of any nonnar- cotic controlled substance in schedule III, such import permit, notification, or declara- tion, as the Attorney General may by regula- tion prescribe, except that if a nonnarcotic controlled substance in schedule IV or V is also listed in schedule I or II of the Conven- tion on Psychotropic Substances it shall be imported pursuant to such import permit re- quirements, prescribed by regulation of the Attorney General, as are required by the Con- vention. (c) Coca leaves In addition to the amount of coca leaves au- thorized to be imported into the United States under subsection (a), the Attorney General may permit the importation of additional amounts of coca leaves. All cocaine and ecgonine (and all salts, derivatives, and preparations from which cocaine or ecgonine may be synthesized or made) contained in such additional amounts of coca leaves imported under this subsection shall be destroyed under the supervision of an author- ized representative of the Attorney General. (d) Application for increased importation of ephedrine, pseudoephedrine, or phenyl- propanolamine (1) With respect to a registrant under section 958 of this title who is authorized under sub- section (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, at any time during the year the registrant may