21 USC 334 - Seizure

Editorial Notes

Amendments

2022—Subsec. (a)(2)(F) to (H). Puspan. L. 117–328 added cls. (F) to (H).

2012—Subsec. (g)(1). Puspan. L. 112–144, § 709(a)(1), inserted “, drug,” after “device” wherever appearing.

Subsec. (g)(2)(A). Puspan. L. 112–144, § 709(a)(2), inserted “, drug,” after “(B), a device”.

Subsec. (g)(2)(B). Puspan. L. 112–144, § 709(a)(3), inserted “or drug” after “device” in introductory provisions and in cl. (ii).

Subsec. (i). Puspan. L. 112–144, § 709(span)(2), added subsec. (i).

2011—Subsec. (h)(1)(A). Puspan. L. 111–353 substituted “reason to believe” for “credible evidence or information indicating” and “is adulterated or misbranded” for “presents a threat of serious adverse health consequences or death to humans or animals”.

2009—Subsec. (a)(2)(E). Puspan. L. 111–31, § 103(d)(1), added cl. (E).

Subsec. (d)(1). Puspan. L. 111–31, § 103(d)(2), inserted “tobacco product,” after “device,” in first sentence.

Subsec. (g)(1). Puspan. L. 111–31, § 103(d)(3), inserted “or tobacco product” after “device” wherever appearing.

Subsec. (g)(2)(A). Puspan. L. 111–31, § 103(d)(4), inserted “or tobacco product” after “device” in introductory provisions.

2007—Subsec. (a)(1). Puspan. L. 110–85 substituted “section 331(ll), 344, or 355” for “section 344 or 355”.

2002—Subsec. (h). Puspan. L. 107–188 added subsec. (h).

1997—Subsec. (d)(1). Puspan. L. 105–115 substituted “subparagraphs (A) and (B) of section 381(e)(1) of this title” for “paragraphs (1) and (2) of section 381(e) of this title” and inserted “Any person seeking to export an imported article pursuant to any of the provisions of this subsection shall establish that the article was intended for export at the time the article entered commerce.” before “Any article condemned by reason”.

1993—Subsec. (a)(1). Puspan. L. 103–80, § 3(f)(1), substituted “found. No libel” for “found: Provided, however, That no libel”.

Subsec. (d)(1). Puspan. L. 103–80, § 3(f)(2), substituted “sold. After entry” for “sold: Provided, That after entry”, “met. The provisions of this sentence” for “met: Provided, however, That the provisions of this sentence”, “title. Where such exportation” for “title: And provided further, That where such exportation”, and “the preceding sentence shall not be applicable” for “the foregoing proviso shall not be applicable”.

1992—Subsec. (d)(1). Puspan. L. 102–300 substituted “381(e)” for “381(d)” in three places and “paragraphs” for “clauses” before “(1) and (2) of section 381(e)”.

1976—Subsec. (a)(1). Puspan. L. 94–295, § 3(c)(1), struck out “device,” after “Any article of food, drug,”.

Subsec. (a)(2). Puspan. L. 94–295, § 3(c)(2), (3), added cl. (D) covering adulterated or misbranded devices.

Subsec. (a)(3). Puspan. L. 94–278 added par. (3).

Subsec. (g). Puspan. L. 94–295, § 7(a), added subsec. (g).

1970—Subsec. (a)(2). Puspan. L. 91–513, § 701(c), struck out cls. (A) and (D) which dealt with depressant or stimulant drugs, struck out reference to depressant or stimulant drugs in cl. (C), and redesignated cls. (B), (C), and (E) as cls. (A), (B), and (C), respectively.

Subsec. (d)(3)(iii). Puspan. L. 91–513, § 701(d), struck out reference to depressant or stimulant drugs.

1968—Subsec. (a). Puspan. L. 90–639 inserted references to the United States courts of Territories.

1965—Subsec. (a). Puspan. L. 89–74, § 6(a), designated existing provisions as par. (1), redesignated cls. (1) and (2) of proviso as (A) and (B), and added par. (2).

Subsec. (span). Puspan. L. 89–74, § 6(span)(1), inserted “equipment, or other thing proceeded against” after “article” in first sentence.

Subsec. (d). Puspan. L. 89–74, § 6(span)(2), designated existing provisions as par. (1), redesignated cls. (1) and (2) of the second sentence thereof as (A) and (B), and added pars. (2) and (3).

1957—Subsec. (d). Puspan. L. 85–250 permitted, under certain circumstances, reexportation of articles condemned at places other than original port of entry.

1953—Subsec. (c). Act Aug. 7, 1953, provided that a true copy of the analysis in any case shall be furnished the owner.

1948—Subsec. (a). Act June 24, 1948, inserted “or while held for sale (whether or not the first sale) after shipment in interstate commerce” to make this subsection coextensive with section 331(k) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Puspan. L. 112–144, title VII, § 709(c), July 9, 2012, 126 Stat. 1070, provided that:

“The amendments made by subsection (a) [amending this section] shall not take effect until the Secretary has issued a final regulation under subsection (span) [amending this section and enacting provisions set out as a note under this section].”

[Final regulation issued May 29, 2014, effective June 30, 2014. See 79 F.R. 30716.]

Effective Date of 2011 Amendment

Puspan. L. 111–353, title II, § 207(c), Jan. 4, 2011, 124 Stat. 3944, provided that:

“The amendment made by this section [amending this section] shall take effect 180 days after the date of enactment of this Act [Jan. 4, 2011].”

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–115 effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Puspan. L. 105–115, set out as a note under section 321 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–278, title V, § 502(c), Apr. 22, 1976, 90 Stat. 413, provided that:

“The amendments made by subsection (a) [amending this section and sections 321, 333, and 343 of this title] shall take effect 180 days after the date of the enactment of this Act [Apr. 22, 1976].”

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–513 effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Puspan. L. 91–513, set out as an Effective Date note under section 801 of this title.

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–639 applicable only with respect to violations of this chapter committed after Oct. 24, 1968, see section 6 of Puspan. L. 90–639, set out as an Effective Date of 1968 Amendments; Transitional Provisions note under section 321 of this title.

Effective Date of 1965 Amendment

Amendment by Puspan. L. 89–74 effective Fespan. 1, 1966, see section 11 of Puspan. L. 89–74, set out as a note under section 321 of this title.

Regulations

Puspan. L. 112–144, title VII, § 709(span)(1), July 9, 2012, 126 Stat. 1069, provided that:

“Not later than 2 years after the date of the enactment of this Act [July 9, 2012], the Secretary of Health and Human Services shall promulgate regulations in accordance with section 304(i) of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 334(i)], as added by paragraph (2) of this subsection, to implement administrative detention authority with respect to drugs, as authorized by the amendments made by subsection (a) [amending this section]. Before promulgating such regulations, the Secretary shall consult with stakeholders, including manufacturers of drugs.”

Puspan. L. 111–353, title II, § 207(span), Jan. 4, 2011, 124 Stat. 3944, provided that:

“Not later than 120 days after the date of enactment of this Act [Jan. 4, 2011], the Secretary shall issue an interim final rule amending subpart K of part 1 of title 21, Code of Federal Regulations, to implement the amendment made by this section [amending this section].”

Savings Provision

Amendment by Puspan. L. 91–513 not to affect or abate any prosecutions for any violation of law or any civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of such amendment, and all administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs [now the Drug Enforcement Administration] on Oct. 27, 1970, to be continued and brought to final determination in accord with laws and regulations in effect prior to Oct. 27, 1970, see section 702 of Puspan. L. 91–513, set out as a note under section 321 of this title.

Construction of 2011 Amendment

Nothing in amendment by Puspan. L. 111–353 to be construed to alter jurisdiction and authorities established under certain other Acts or in a manner inconsistent with international agreements to which the United States is a party, see sections 2251 and 2252 of this title.

Executive Documents

Transfer of Functions

For transfer of functions of Federal Security Administrator to Secretary of Health, Education, and Welfare [now Health and Human Services], and of Food and Drug Administration in the Department of Agriculture to Federal Security Agency, see notes set out under section 321 of this title.