[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5280 Received in Senate (RDS)]


109th CONGRESS
  2d Session
                                H. R. 5280


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                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

                                Received

_______________________________________________________________________

                                 AN ACT


 
 To amend the Federal Food, Drug, and Cosmetic Act with respect to the 
   distribution of the drug dextromethorphan, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dextromethorphan Distribution Act of 
2006''.

SEC. 2. FOOD AND DRUG ADMINISTRATION; RESTRICTIONS ON DISTRIBUTION OF 
              DEXTROMETHORPHAN.

    (a) In General.--Subchapter A of chapter V of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting 
after section 503A the following:

``SEC. 503B. RESTRICTIONS ON DISTRIBUTION OF DEXTROMETHORPHAN.

    ``(a) In General.--Not later than one year after the date of the 
enactment of the Dextromethorphan Distribution Act of 2006, the 
Secretary shall issue a final rule to prohibit the distribution of 
unfinished dextromethorphan to any person other than a person 
registered under section 510, subject to subsection (b).
    ``(b) Further Restrictions.--Subsection (a) does not restrict the 
authority of the Secretary under section 201.122 of title 21, Code of 
Federal Regulations.
    ``(c) Unfinished Dextromethorphan.--For purposes of this section, 
the term ``unfinished dextromethorphan'' means dextromethorphan that is 
not contained in a drug that is in finished dosage form.''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(ii) The distribution of unfinished dextromethorphan in violation 
of regulations under section 503B.''.

            Passed the House of Representatives December 6, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.