[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24578]
[[Page Unknown]]
[Federal Register: October 5, 1994]
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POSTAL SERVICE
39 CFR Part 111
Mailing Prescription Medicines Containing Narcotic Drugs and
Other Controlled Substances
AGENCY: Postal Service.
ACTION: Final rule.
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SUMMARY: The final rule will remove a provision in the current postal
regulations that restricts use of the mails to carry prescription
medicine containing narcotic drugs. This rule also would fully
harmonize those regulations, namely, Domestic Mail Manual CO23.6.8 and
CO23.6.9, with the Controlled Substances Act and its implementing
regulations. As a consequence, such use of the mail by dispensers of
such medicine would be allowed to the same extent that distribution via
any carrier is permitted under the Controlled Substances Act and
implementing regulations.
EFFECTIVE DATE: October 5, 1994.
FOR FURTHER INFORMATION CONTACT: Robert R. Adams, (202) 268-5168.
SUPPLEMENTARY INFORMATION: The Postal Service published in the Federal
Register (58 FR 67747-67748) on December 22, 1993, a proposal to amend
the Domestic Mail Manual to remove postal regulations restricting use
of the mail to carry prescription medicine containing narcotic drugs.
Domestic Mail Manual (DMM) CO23.6.9 currently states that
``prescription medicines containing narcotic drugs may be mailed only
by Department of Veterans Affairs medical facilities to certain
veterans.'' Some commercial suppliers have reported that they routinely
ship such medicines via carriers competing with the Postal Service, and
that the shipments are not prohibited by the Controlled Substances Act,
21 U.S.C. 801 et seq., and its implementing regulations, 21 CFR 1300 et
seq. These suppliers state that they would prefer to make these
shipments via the Postal Service, except for the foregoing restriction
in postal regulations.
Upon review, the Postal Service has found no need for provisions in
its regulations on mailing controlled substances that would be stricter
than those applicable to shipments via competing carriers. Whatever the
means of carriage, such shipments must comply with the Controlled
Substances Act and the regulations implementing it that provide a
comprehensive system for protecting the public.
The revisions will make postal regulations fully consistent with
that protective system. Although adopting this proposal may lead to
substantial increases in the amount of mailed medicines containing
narcotics, compliance with Postal Service regulations for preparation
and packaging prerequisites should yield secure transit for those
shipments.
The Postal Service received comments on the proposed rule from five
parties. All comments were in favor of implementing the proposed rule.
List of Subjects in 39 CFR Part 111
Postal Service.
For the reasons discussed above, the Postal Service hereby adopts
the following amendments to the Domestic Mail Manual, which is
incorporated by reference in the Code of Federal Regulations (see 39
CFR 111).
PART 111--[AMENDED]
1. The authority citation for 39 CFR part 111 continues to read as
follows:
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 3001-
3011, 3201-3219, 3403-3406, 3621, 3626, 5001.
2. Domestic Mail Manual C023 is hereby amended to read as follows:
6.0 Poisons, Controlled Substances, and Drug Paraphernalia
* * * * *
6.8 Controlled Substances
A ``controlled substance'' is any anabolic steroid, narcotic,
hallucinogenic, stimulant, or depressant drug in Schedules I through V
of the Controlled Substances Act (Public Law 91-513), 21 U.S.C. 801 et
seq., and 21 CFR 1300 et seq. Because controlled substances are
potentially addictive and abusable, if distribution of a controlled
substance is unlawful under 21 U.S.C. 801 et seq., and under any
relevant implementing regulations in 21 CFR 1300 et seq., distribution
of such matter by mail is also unlawful under 18 U.S.C. 1716. Section
1716(a) prohibits from being conveyed in the mails all matter capable
of killing or injuring a person.
6.9 Mailing Requirements
Under 18 U.S.C. 1716(b), the Postal Service may permit the mailing
of matter not outwardly or of its own force dangerous or injurious to a
person's life or health, subject to the preparation and packaging
standards specified by the Postal Service. Accordingly, if distribution
of a controlled substance is lawful under 21 U.S.C. 801 et seq., and
any relevant implementing regulations in 21 CFR 1300 et seq., the
Postal Service considers such distribution by mail to constitute the
mailing of matter not outwardly or of its own force dangerous or
injurious to a person's life or health, if the following preparation
and packaging standards are met:
a. The inner container of any parcel containing controlled
substances is marked and sealed under the applicable provisions of the
Controlled Substances Act (21 U.S.C. 801 et seq. and the regulations
implementing it, 21 CFR 1300 et seq.) and placed in a plain outer
container or securely overwrapped in plain paper.
b. If the controlled substances consist of prescription medicines,
the inner container is also labeled to show the prescription number and
the name and address of the pharmacy, practitioner, or other person
dispensing the prescription.
c. The outside wrapper or container is free of markings that would
indicate the nature of the contents.
* * * * *
A transmittal letter making these changes in the pages of the
Domestic Mail Manual will be published and will be transmitted to
subscribers automatically. Notice of issuance will be published in the
Federal Register, as provided by 39 CFR 111.3.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 94-24578 Filed 10-4-94; 8:45 am]
BILLING CODE 7710-12-P