21 U.S.C. 828 Order Forms

Section 828. Order forms

1. Unlawful distribution of controlled substances

It shall be unlawful for

any person to distribute a controlled substance in schedule I or II to another

except in pursuance of a written order of the person to whom such substance is

distributed, made on a form to be issued by the Attorney General in blank in

accordance with subsection (d) and regulations prescribed by him pursuant to

this section.

2. Nonapplicability of provisions

Nothing in subsection (a) shall apply to--

(1) the exportation of such substances from the United States in conformity

with title III;

(2) the delivery of such a substance to or by a common or contract carrier

for carriage in the lawful and usual course of its business, or to or by a

warehouseman for storage in the lawful and usual course of its business; but

where such carriage or storage is in connection with the distribution by the

owner of the substance to a third person, this paragraph shall not relieve the

distributor from compliance with subsection (a).

(c) Preservation and availability

(1) Every person who in pursuance of an order required under subsection (a)

distributes a controlled substance shall preserve such order for a period of two

years, and shall make such order available for inspection and copying by

officers and employees of the United States duly authorized for that purpose by

the Attorney General, and by officers or employees of States or their political

subdivisions who are charged with the enforcement of State or local laws

regulating the production, or regulating the distribution or dispensing, of

controlled substances and who are authorized under such laws to inspect such

orders.

(2) Every person who gives an order required under subsection (a) shall, at

or before the time of giving such order, make or cause to be made a duplicate

thereof on a form to be issued by the Attorney General in blank in accordance

with subsection (d) and regulations prescribed by him pursuant to this section,

and shall, if such order is accepted, preserve such duplicate for a period of

two years and make it available for inspection and copying by the officers and

employees mentioned in paragraph (1) of this subsection.

(d) Issuance

(1) The Attorney General shall issue forms pursuant to subsections (a) and

(c)(2) only to persons validly registered under section 303 [21 USCS @ 823] (or

exempted from registration under section 302(d) [21 USCS @ 822(d)]). Whenever

any such form is issued to a person, the Attorney General shall, before delivery

thereof, insert therein the name of such person, and it shall be unlawful for

any other person (A) to use such form for the purpose of obtaining controlled

substances or (B) to furnish such form to any person with intent thereby to

procure the distribution of such substances.

(2) The Attorney General may charge reasonable fees for the issuance of such

forms in such amounts as he may prescribe for the purpose of covering the cost

to the United States of issuing such forms, and other necessary activities in

connection therewith.

(e) Unlawful acts It shall be unlawful for any person to obtain by means of

order forms issued under this section controlled substances for any purpose

other than their use, distribution, dispensing, or administration in the conduct

of a lawful business in such substances or in the course of his professional

practice or research.

(Pub.L. 91-513, Title II, Sec. 308, Oct. 27, 1970, 84 Stat. 1259.)