21 U.S.C. § 889 — Production control of controlled sub-

Page 890 TITLE 21—FOOD AND DRUGS § 887 10, 1998, 112 Stat. 3291; Pub. L. 108–447, div. B, title VI, § 633(a), Dec. 8, 2004, 118 Stat. 2921.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Re- lated Agencies Appropriations Act, 1993, and not as part of the Controlled Substances Act which comprises this subchapter. AMENDMENTS 2004—Pub. L. 108–447, § 633(a)(2) to (4), designated ex- isting provisions as par. (1) and inserted heading, sub- stituted ‘‘program. Such reimbursements shall be made without distinguishing between expenses related to controlled substance activities and expenses related to chemical activities’’ for ‘‘program’’ in par. (1)(B), and added par. (2). Pub. L. 108–447, § 633(a)(1), which directed redesigna- tion of pars. (1) to (5) as subpars. (A) to (E) and adjust- ment of margins, was executed by redesignating pars. (1) to (4) as (A) to (D), respectively, to reflect the prob- able intent of Congress, because Pub. L. 105–362 struck out par. (5). See 1998 Amendment note below. 1998—Par. (5). Pub. L. 105–362 struck out par. (5) which read as follows: ‘‘The Attorney General shall prepare and submit annually to the Congress, statements of fi- nancial condition of the account, including the begin- ning balance, receipts, refunds to appropriations, trans- fers to the general fund, and the ending balance.’’ § 887. Coordination and consolidation of post-sei- zure administration The Attorney General and the Secretary of the Treasury shall take such action as may be nec- essary to develop and maintain a joint plan to coordinate and consolidate post-seizure adminis- tration of property seized under this subchapter, subchapter II, or provisions of the customs laws relating to controlled substances. (Pub. L. 91–513, title II, § 517, as added Pub. L. 100–690, title VI, § 6078(a), Nov. 18, 1988, 102 Stat. 4325.) § 888. Repealed. Pub. L. 106–185, § 2(c)(3), Apr. 25, 2000, 114 Stat. 210 Section, Pub. L. 91–513, title II, § 518, formerly § 511A, as added Pub. L. 100–690, title VI, § 6080(a), Nov. 18, 1988, 102 Stat. 4326; renumbered § 518, Pub. L. 101–647, title X, § 1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, related to expe- dited procedures for seized conveyances. Section was classified to section 881–1 of this title prior to renumbering by Pub. L. 101–647. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to any forfeiture proceeding com- menced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as an Effective Date of 2000 Amendment note under section 1324 of Title 8, Aliens and Nationality. § 889. Production control of controlled sub- stances (a) Definitions As used in this section: (1) The term ‘‘controlled substance’’ has the same meaning given such term in section 802(6) of this title. (2) The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (3) The term ‘‘State’’ means each of the fifty States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. (b) Persons ineligible for Federal agricultural program benefits Notwithstanding any other provision of law, following December 23, 1985, any person who is convicted under Federal or State law of plant- ing, cultivation, growing, producing, harvesting, or storing a controlled substance in any crop year shall be ineligible for— (1) as to any commodity produced during that crop year, and the four succeeding crop years, by such person— (A) any price support or payment made available under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any other Act; (B) a farm storage facility loan made under section 4(h) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)); (C) crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); (D) a disaster payment made under the Ag- ricultural Act of 1949 (7 U.S.C. 1421 et seq.); or (E) a loan made, insured or guaranteed under the Consolidated Farm and Rural De- velopment Act (7 U.S.C. 1921 et seq.) or any other provision of law administered by the Farmers Home Administration; or (2) a payment made under section 4 or 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage of an agricultural commodity that is— (A) produced during that crop year, or any of the four succeeding crop years, by such person; and (B) acquired by the Commodity Credit Cor- poration. (c) Regulations Not later than 180 days after December 23, 1985, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section, including regulations that— (1) define the term ‘‘person’’; (2) govern the determination of persons who shall be ineligible for program benefits under this section; and (3) protect the interests of tenants and sharecroppers. (Pub. L. 91–513, title II, § 519, formerly Pub. L. 99–198, title XVII, § 1764, Dec. 23, 1985, 99 Stat. 1652; renumbered § 519 of Pub. L. 91–513, Pub. L. 101–647, title X, § 1002(h)(2), Nov. 29, 1990, 104 Stat. 4828.) Editorial Notes REFERENCES IN TEXT The Agricultural Act of 1949, referred to in subsec. (b)(1)(A), (D), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et Page 891 TITLE 21—FOOD AND DRUGS § 904 seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. The Commodity Credit Corporation Charter Act, re- ferred to in subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, and is classified generally to subchapter II (§ 714 et seq.) of chapter 15 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 714 of Title 15 and Tables. The Federal Crop Insurance Act, referred to in sub- sec. (b)(1)(C), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to sub- chapter I (§ 1501 et seq.) of chapter 36 of Title 7, Agri- culture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (b)(1)(E), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified prin- cipally to chapter 50 (§ 1921 et seq.) of Title 7. For com- plete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Ta- bles. CODIFICATION Section was classified to section 881a of this title prior to renumbering by Pub. L. 101–647. AMENDMENTS 1990—Pub. L. 101–647 renumbered section 881a of this title as this section. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 890. Review of Federal sales of chemicals usa- ble to manufacture controlled substances A Federal department or agency may not sell from the stocks of the department or agency any chemical which, as determined by the Ad- ministrator of the Drug Enforcement Adminis- tration, could be used in the manufacture of a controlled substance unless the Administrator certifies in writing to the head of the depart- ment or agency that there is no reasonable cause to believe that the sale of the chemical would result in the illegal manufacture of a con- trolled substance. (Pub. L. 91–513, title II, § 520, as added Pub. L. 104–201, div. A, title X, § 1034(a), Sept. 23, 1996, 110 Stat. 2640.) PART F—GENERAL PROVISIONS Editorial Notes CODIFICATION The letter designation for this Part F was, in the original, Part G. The original Part F of title II of Pub. L. 91–513, consisting of section 601 thereof, is set out as a note under section 801 of this title. The original Part G of title II of Pub. L. 91–513 consisted of sections 701 to 709. Sections 701 to 705 amended and repealed sec- tions in this title and in Title 18, Crimes and Criminal Procedure, and Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 321, 801, and 822 of this title. See Tables for classifica- tions of said sections 701 to 705. Sections 706 to 709 of Pub. L. 91–513 are set out as sections 901 to 904 of this title and, for purposes of codification, comprise this Part F. § 901. Severability If a provision of this chapter is held invalid, all valid provisions that are severable shall re- main in effect. If a provision of this chapter is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. (Pub. L. 91–513, title II, § 706, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 902. Savings provisions Nothing in this chapter, except this part and, to the extent of any inconsistency, sections 827(e) and 829 of this title, shall be construed as in any way affecting, modifying, repealing, or superseding the provisions of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.]. (Pub. L. 91–513, title II, § 707, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT The Federal Food, Drug, and Cosmetic Act, referred to in text, is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of this title. For complete classification of this Act to the Code, see section 301 of this title and Tables. § 903. Application of State law No provision of this subchapter shall be con- strued as indicating an intent on the part of the Congress to occupy the field in which that provi- sion operates, including criminal penalties, to the exclusion of any State law on the same sub- ject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this sub- chapter and that State law so that the two can- not consistently stand together. (Pub. L. 91–513, title II, § 708, Oct. 27, 1970, 84 Stat. 1284.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the ‘‘Controlled Substances Act’’. For complete classifica- tion of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. § 904. Payment of tort claims Notwithstanding section 2680(k) of title 28, the Attorney General, in carrying out the functions of the Department of Justice under this sub- chapter, is authorized to pay tort claims in the manner authorized by section 2672 of title 28, when such claims arise in a foreign country in