Page:United States Statutes at Large Volume 79.djvu/271

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[79 STAT. 231]
PUBLIC LAW 89-000—MMMM. DD, 1965
[79 STAT. 231]

79 STAT. ]

PUBLIC LAW 89-74-JULY 15, 1965

" (ii) have a potential for abuse because of their depressant or stimulant effect on the central nervous system or their hallucinogenic effect. " (g)(1) The Secretary may, from time to time, appoint a committee of experts to advise him with regard to any of the following matters involved in determining whether a regulation under subparagraph (2)(C) or (3) of section 201(v) should be proposed, issued, amended, or repealed: (A) whether or not the substance involved has a depressant or stimulant effect on the central nervous system or a hallucinogenic effect, (B) whether the substance involved has a potential for abuse because of its depressant or stimulant effect on the central nervous system, and (C) any other scientific question (as determined by the Secretary) which is pertinent to the determination of whether such substance should be designated by the Secretary pursuant to subparagraph (2)(C) or (3) of section 201(v). The Secretary may establish a time limit for submission of the committee's report. The appointment, compensation, staffing, and procedure of such committees shall be in accordance with subsections (b)(5)(D). and the admissibility of their reports, recommendations, and testimony at any hearing involving such matters shall be determined in accordance with subsection (d) (2^, of section 706. The appointment of such a committee after publication of an order acting on a proposal pursuant to section 701.(e)(1) shall not suspend the running of the time for filing objections to such order and requesting a hearing unless the Secretary so directs. "(2) Where such a matter is referred to an expert advisory committee upon request of an interested person, the Secretary may, pursuant to regulations, require such person to pay fees to pay the costs, to the Department, arising by reason of such referral. Such fees, including advance deposits to cover such fees, shall be available, until expended, for paying (directly or by way of reimbursement of the applicable appropriations) the expenses of advisory committees under this subsection and other expenses arising by reason of referrals to such committees and for refunds in accordance with such regulations. "'(h) As used in this section and in sections 301 and 304, the term 'manufacture, compound, or process' shall be deemed to refer to 'manufacture, preparation, propagation, compounding, or processing' as defined in section 510(a), and the term 'manufacturers, compounders, and processors' shall be deemed to refer to persons engaged in sucb defined actiAdties."

231

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^4 Stat. 399. 21 USC 376.

70 usr ^7!'" 919 ^0 Stat. 371. 21 USC Referral f e e s.

52 Stat. 1042. ^ ^ ^^^ ^^^' ^^'**

REGISTKATIOX OF r R O D t ' C E R S A X I) WIIOLESALEBS OF DEPRESSANT AND S T I M U L A N T DRUGS

SEC. 4. (a) Section 510(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 3H0) is amended by redesignating paragraph (2) thereof as paragraph (3) and by inserting immediately after paragraph (1) the following new paragraph: "(2) the term 'wholesaling, jobbing, or distributing of depressant or stimulant drugs' means the selling or distribution of any depressant or stimulant drug to any person who is not the ultimate user or consumer or such d r u g; " (b) Subsection (b) of section 510 of such Act is amended (1) by inserting immediately after "drug or drugs" the following: "or in the wholesaling, jobbing, or distributing of any depressant or stimulant drug", and (2) by adding at the end thereof the following: "If any such establishment is engaged in the manufacture, preparation, propa-

76 Stat. 794.

Definition.