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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Thursday, March 08, 2018

Sec. 305 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 54

Sec. 305 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 54 
interest, who has any controlled substances or list I chemicals seized or placed under seal of the procedures to be followed to se- cure the return of the controlled substance or list I chemical and the conditions under which it will be returned. The Attorney Gen- eral may not dispose of any controlled substance or list I chemical seized or placed under seal under this subsection until the expira- tion of one hundred and eighty days from the date such substance or chemical was seized or placed under seal. 
LABELING AND PACKAGING REQUIREMENTS 
SEC. 305. ΓΈ21 U.S.C. 825¿ (a) It shall be unlawful to distribute a controlled substance in a commercial container unless such con- tainer, when and as required by regulations of the Attorney Gen- eral, bears a label (as defined in section 201(k) of the Federal Food, Drug, and Cosmetic Act) containing an identifying symbol for such substance in accordance with such regulations. A different symbol shall be required for each schedule of controlled substances. 
(b) It shall be unlawful for the manufacturer of any controlled substance to distribute such substances unless the labeling (as de- fined in section 201(m) of the Federal Food, Drug, and Cosmetic Act) of such substance contains, when and as required by regula- tions of the Attorney General, the identifying symbol required under subsection (a). 
(c) The Secretary shall prescribe regulations under section 503(b) of the Federal Food, Drug, and Cosmetic Act which shall provide that the label of a drug listed in schedule II, III, or IV shall, when dispensed to or for a patient, contain a clear, concise warning that it is a crime to transfer the drug to any person other than the patient. 
(d) It shall be unlawful to distribute controlled substances in schedule I or II, and narcotic drugs in schedule III or IV, unless the bottle or other container, stopper, covering, or wrapper thereof is securely sealed as required by regulations of the Attorney Gen- eral. 
(e) FALSE LABELING OF ANABOLIC STEROIDS.—
(1) It shall be unlawful to import, export, manufacture, 
distribute, dispense, or possess with intent to manufacture, distribute, or dispense, an anabolic steroid or product con- taining an anabolic steroid, unless the steroid or product bears a label clearly identifying an anabolic steroid or product con- taining an anabolic steroid by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). 
(2)(A) A product described in subparagraph (B) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required under the Federal Food, Drug, and Cosmetic Act. 
(B) A product is described in this subparagraph if the product— 
(i) is the subject of an approved application as de- scribed in section 505(b) or (j) of the Federal Food, Drug, and Cosmetic Act; or 
As Amended Through P.L. 115-91, Enacted December 12, 2017 
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