[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2470 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2470
To amend the Controlled Substances Act to prevent the abuse of
dehydroepiandrosterone, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
Judiciary
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to prevent the abuse of
dehydroepiandrosterone, 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 ``Dehydroepiandrosterone Abuse
Reduction Act of 2007''.
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:
``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEHYDROEPIANDROSTERONE SALES.
``(a) In General.--
``(1) Sale.--
``(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.
``(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.
``(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.
``(2) Exception.--This section shall not apply to any sale
made pursuant to a validly issued prescription.
``(b) Fines.--
``(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.
``(2) Maximum amount.--A civil penalty imposed under
paragraph (1) shall be--
``(A) not more than $1,000 for the first violation
of subsection (a)(1)(A) by a person;
``(B) not more than $2,000 for the second violation
of subsection (a)(1)(A) by a person; and
``(C) not more than $5,000 for the third violation,
or a subsequent violation, of subsection (a)(1)(A) by a
person.
``(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.
``(c) Definition of Identification Card.--In this section, the term
`identification card' means an identification card that--
``(1) includes a photograph and the date of birth of the
individual;
``(2) is issued by a State or the Federal Government; and
``(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).''.
(b) Regulations.--
(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.
(2) Civil penalties.--
(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.
(B) Contents.--The regulations promulgated under
subparagraph (A) shall--
(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; and
(ii) require consideration of whether a
fine to be imposed on a retailer should be
reduced or eliminated based on--
(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; or
(II) other actions taken by a
retailer to ensure compliance with this
Act and the amendments made by this
Act.
(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.
(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:
``Sec. 424. Dehydroepiandrosterone sales.''.
(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.
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