S 2470 ISCommentsClose CommentsPermalink

To amend the Controlled Substances Act to prevent the abuse of dehydroepiandrosterone, and for other purposes.CommentsClose CommentsPermalink

December 13, 2007

Mr. GRASSLEY (for himself and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend the Controlled Substances Act to prevent the abuse of dehydroepiandrosterone, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Dehydroepiandrosterone Abuse Reduction Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DEHYDROEPIANDROSTERONE.

(a) In General- Part D of title II of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 424. CIVIL PENALTIES FOR CERTAIN DEHYDROEPIANDROSTERONE SALES.

`(a) In General-CommentsClose CommentsPermalink





`(1) SALE-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in paragraph (2), it shall be unlawful for any person to knowingly sell, cause another to sell, or conspire to sell a product containing dehydroepiandrosterone to an individual under the age of 18 years, including any such sale using the Internet.CommentsClose CommentsPermalink





`(B) FAILURE TO CHECK IDENTIFICATION- If a person fails to request identification from an individual under the age of 18 years and sells a product containing dehydroepiandrosterone to that individual, that person shall be deemed to have known that the individual was under the age of 18 years.CommentsClose CommentsPermalink





`(C) AFFIRMATIVE DEFENSE- It shall be an affirmative defense to an alleged violation of subparagraph (A) that the person selling a product containing dehydroepiandrosterone examined the purchaser's identification card and, based on that examination, that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age.CommentsClose CommentsPermalink





`(2) EXCEPTION- This section shall not apply to any sale made pursuant to a validly issued prescription.CommentsClose CommentsPermalink





`(b) Fines-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Attorney General may impose a civil penalty on a person for violating subsection (a)(1)(A), including a violation of that subsection committed by an employee or agent of such person.CommentsClose CommentsPermalink





`(2) MAXIMUM AMOUNT- A civil penalty imposed under paragraph (1) shall be--CommentsClose CommentsPermalink





`(A) not more than $1,000 for the first violation of subsection (a)(1)(A) by a person;CommentsClose CommentsPermalink





`(B) not more than $2,000 for the second violation of subsection (a)(1)(A) by a person; andCommentsClose CommentsPermalink





`(C) not more than $5,000 for the third violation, or a subsequent violation, of subsection (a)(1)(A) by a person.CommentsClose CommentsPermalink





`(3) NUMBER OF VIOLATIONS- If a person makes sales of dehydroepiandrosterone at more than 1 location, for purposes of determining the number of violations by that person under this subsection each individual location operated by that person shall be considered a separate person.CommentsClose CommentsPermalink





`(c) Definition of Identification Card- In this section, the term `identification card' means an identification card that--CommentsClose CommentsPermalink





`(1) includes a photograph and the date of birth of the individual;CommentsClose CommentsPermalink





`(2) is issued by a State or the Federal Government; andCommentsClose CommentsPermalink





`(3) is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Dehydroepiandrosterone Abuse Reduction Act of 2007).'.CommentsClose CommentsPermalink





(b) Regulations-CommentsClose CommentsPermalink





(1) INTERNET SALES- Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations for Internet sales of products containing dehydroepiandrosterone to ensure compliance with section 424 of the Controlled Substances Act, as added by this Act.CommentsClose CommentsPermalink





(2) CIVIL PENALTIES-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Attorney General of the United States shall promulgate regulations to carry out section 424 of the Controlled Substances Act, as added by this Act.CommentsClose CommentsPermalink





(B) CONTENTS- The regulations promulgated under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) provide for a range of fines for a retailer, based on whether the retailer or an employee or agent of that retailer has committed prior violations of section 424(a) of the Controlled Substances Act, as added by this Act; andCommentsClose CommentsPermalink





(ii) require consideration of whether a fine to be imposed on a retailer should be reduced or eliminated based on--CommentsClose CommentsPermalink





(I) the establishment and administration of an effective employee training program by a retailer relating to this Act and the amendments made by this Act; orCommentsClose CommentsPermalink





(II) other actions taken by a retailer to ensure compliance with this Act and the amendments made by this Act.CommentsClose CommentsPermalink





(3) DEFINITION OF RETAILER- In this subsection, the term `retailer' means a grocery store, general merchandise store, drug store, convenience store, or other entity or person whose activities as a distributor relating to products containing dehydroepiandrosterone are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.CommentsClose CommentsPermalink





(c) Technical and Conforming Amendment- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by inserting after the item relating to section 423 the following:CommentsClose CommentsPermalink





`Sec. 424. Dehydroepiandrosterone sales.'.CommentsClose CommentsPermalink





(d) Effect on State Law- This section and the amendments made by this section shall supersede any provision of the law of any State relating to the sale of dehydroepiandrosterone.CommentsClose CommentsPermalink