I 
109TH CONGRESS 
1ST SESSION H. R. 3955 
To amend the Controlled Substances Act to provide for the transfer of 
ephedrine, pseudoephedrine, and phenylpropanolamine to schedule V of 
the schedules of controlled substances, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2005 
Mr. KING of Iowa introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Controlled Substances Act to provide for the 
transfer of ephedrine, pseudoephedrine, and phenyl-
propanolamine to schedule V of the schedules of con-
trolled substances, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Meth Lab Eradication 
Act’’.
SEC. 2. TRANSFER OF EPHEDRINE, PSEUDOEPHEDRINE, 
AND PHENYLPROPANOLAMINE TO SCHEDULE 
V; 
EXCEPTION 
FOR 
LIST 
I 
PSEUDOEPHEDRINE PRODUCTS. 
(a) TRANSFER TO SCHEDULE V; EXCEPTION.—Sec-
tion 202(c) of the Controlled Substances Act (21 U.S.C. 
812(c)) is amended in schedule V— 
(1) by inserting ‘‘(a)’’ before ‘‘Any compound’’; 
and 
(2) by adding at the end the following: 
‘‘(b) Unless specifically excepted or unless listed in 
another schedule, any of the following substances, includ-
ing their salts, optical isomers, and salts of optical iso-
mers: 
‘‘(1) Ephedrine. 
‘‘(2) Pseudoephedrine. 
‘‘(3) Phenlypropanolamine. 
‘‘(c) Pseudoephedrine, including its salts, optical iso-
mers, and salts of optical isomers, is excepted from this 
schedule when contained in a product that— 
‘‘(1) is in the form of a liquid, liquid capsule, 
or liquid-filled gel capsule; 
‘‘(2) does not contain more than 360 milligrams 
of pseudoephedrine; and 
‘‘(3) is approved under section 505 of the Fed-
eral Food, Drug, and Cosmetic Act.’’.
(b) CONFORMING AMENDMENTS REGARDING LIST I 
CHEMICALS.— 
(1) DEFINITION; STRIKING OF PROVISIONS RE-
LATING
TO
EPHEDRINE
AND
PHENYLPROPANOLA-
MINE.—Section 102(34) of the Controlled Sub-
stances Act (21 U.S.C. 802(34)) is amended— 
(A) by striking subparagraphs (C) and (I); 
(B) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(C) by redesignating subparagraphs (J) 
through (Y) as subparagraphs (H) through 
(W), respectively; and 
(D) by moving subparagraphs (N), (Q), 
and (S) (as so redesignated) two ems to the 
left. 
(2) LIST I PSEUDOEPHEDRINE PRODUCT.—Sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended— 
(A) in paragraph (34), by amending sub-
paragraph (I) (as redesignated by paragraph 
(1)(C) of this subsection) to read as follows: 
‘‘(I) Pseudoephedrine, and its salts, optical iso-
mers, and salts of optical isomers, when contained in
a list I pseudoephedrine product (as defined in para-
graph (45)).’’; 
(B) by striking paragraph (45) and insert-
ing the following: 
‘‘(45) The term ‘list I pseudoephedrine product’ 
means a chemical specified in paragraph (34)(I) when con-
tained in a product referred to in schedule V(c).’’; and 
(C) in paragraph (46)— 
(i) in subparagraph (A), by striking 
‘‘or phenylpropanolamine’’; 
(ii) by striking subparagraph (B); and 
(iii) by redesignating subparagraph 
(C) as subparagraph (B). 
(3) REGULATED
TRANSACTIONS.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is 
amended— 
(A) in section 102(a)(39)(A), by amending 
clause (iv) to read as follows: 
‘‘(iv)(I) any transaction in a listed chem-
ical that is contained in a drug that may be 
marketed or distributed lawfully in the United 
States under the Federal Food, Drug, and Cos-
metic Act (other than a list I pseudoephedrine 
product) unless—
‘‘(aa) the Attorney General has deter-
mined under section 204 that the drug or 
group of drugs is being diverted to obtain 
the listed chemical for use in the illicit pro-
duction of a controlled substance; and 
‘‘(bb) the quantity of the listed chem-
ical contained in the drug included in the 
transaction or multiple transactions equals 
or exceeds the threshold established for 
that chemical by the Attorney General; or 
‘‘(II) 
any 
transaction 
in 
a 
list 
I 
pseudoephedrine product by a retail distributor, 
unless the Attorney General has determined 
under section 204 that the product is being di-
verted to obtain pseudoephedrine for use in the 
illicit production of methamphetamine; or’’; and 
(B) in section 204, by striking subsection 
(e). 
SEC. 
3. 
REQUIREMENTS 
REGARDING 
LIST 
I 
PSEUDOEPHEDRINE PRODUCTS. 
Section 310 of the Controlled Substances Act (21 
U.S.C. 830) is amended— 
(1) in subsection (b), by striking paragraph (3); 
and
(2) by adding at the end the following sub-
section: 
‘‘(d) LIST I PSEUDOEPHEDRINE PRODUCTS.— 
‘‘(1) 
REQUIREMENTS
REGARDING
RETAIL 
SALES.—Each person who sells at retail a list I 
pseudoephedrine product shall ensure that sales of 
such product are made in accordance with the fol-
lowing requirements: 
‘‘(A) In offering the product for sale, the 
person places the product such that customers 
do not have direct access to the product before 
the sale is made (commonly known as behind- 
the-counter). 
‘‘(B) The person delivers the product di-
rectly to the purchaser, and not through use of 
the mails or any private or commercial carrier. 
‘‘(C) The person does not sell such a prod-
uct that is in the form of a package that can 
be further broken down or subdivided into two 
or more separate and distinct packages. 
‘‘(D) The person does not knowingly sell to 
an individual more than one such product dur-
ing a 24-hour period. 
‘‘(E) The person maintains a written list 
of sales of such products that identifies the
products, the purchasers, and the dates and 
times of the sales (which list is referred to in 
this paragraph as the ‘logbook)’). 
‘‘(F) The person does not sell such a prod-
uct unless— 
‘‘(i) the prospective purchaser— 
‘‘(I) is 18 years of age or older; 
‘‘(II) presents an identification 
card that provides a photograph and 
is issued by a State or the Federal 
Government; and 
‘‘(III) signs the logbook and leg-
ibly prints in the logbook his or her 
name, address, and the date and time 
of the sale; and 
‘‘(ii) the person determines that the 
name signed and printed in the logbook 
corresponds to the name provided on such 
identification and that the date and time 
entered are correct. 
‘‘(G) The person maintains possession of 
each logbook for not fewer than two years after 
the date of the last sale entered in the logbook. 
‘‘(H) The person does not offer a pro-
motion in which, as part of a purchase trans-
action, such a product is provided without 
charge. 
‘‘(I) On the premises of the location in-
volved, the person posts a clear and conspicuous 
notice providing as follows: ‘Federal law pro-
hibits the over-the-counter purchase of more 
than one product containing pseudoephedrine in 
a 24-hour period, and prohibits the over-the- 
counter purchase of more than 7,500 milli-
grams of pseudoephedrine within a 30-day pe-
riod. If you make an over-the-counter purchase 
of such a product, you are required to sign a 
logbook that may be accessible to law enforce-
ment officers.’ 
‘‘(2) AUTHORITY
TO
REQUIRE
CERTAIN
RE-
PORTS.— 
‘‘(A) IN GENERAL.—With respect to each 
person 
who 
manufactures 
a 
list 
I 
pseudoephedrine product, or who distributes 
such a product (including a sale at retail), the 
Attorney General may by regulation require the 
person to report to the Attorney General— 
‘‘(i) any uncommon method of pay-
ment or delivery, or any other cir-
cumstance that the person believes may in-
dicate that the product will be used in vio-
lation of this title; 
‘‘(ii) any proposed transaction with an 
individual or organization whose descrip-
tion or other identifying characteristic the 
Attorney General furnishes in advance to 
the person; and 
‘‘(iii) any unusual or excessive loss or 
disappearance of supplies of the product 
that are under the control of the person. 
‘‘(B) ADDITIONAL
REPORTS
FOR
MANU-
FACTURERS
AND
DISTRIBUTORS
AT
WHOLE-
SALE.—With respect to each person who manu-
factures a list I pseudoephedrine product, or 
who distributes such a product at wholesale, the 
Attorney General may by regulation require the 
person to report to the Attorney General any 
transaction involving an extraordinary quantity 
of the product. 
‘‘(C) 
CERTAIN
REGULATIONS.—Regula-
tions under subparagraphs (A) through (C) of 
subsection (b)(1) apply to subparagraphs (A) 
and (B) of this paragraph to the extent that the 
provisions of such subparagraphs of subsection 
(b)(1) are identical to the provisions of such
subparagraphs of this paragraph. Subpara-
graphs (A) and (B) of this paragraph do not re-
quire the Secretary to promulgate regulations 
with respect to such identical provisions. 
‘‘(D) RELATION
TO
CERTAIN
EXEMP-
TION.—Subparagraphs (A) and (B) apply not-
withstanding 
the 
exemption 
for 
list 
I 
pseudoephedrine 
products 
under 
section 
102(39)(A)(iv)(II). 
‘‘(3) REMOVAL OF EXCEPTION REGARDING STA-
TUS AS LIST I CHEMICAL.— 
‘‘(A) IN GENERAL.—If the Attorney Gen-
eral determines that list I pseudoephedrine 
products are being diverted for use in the illicit 
production of methamphetamine, the Attorney 
General may by regulation remove the exception 
under schedule V(c). 
‘‘(B) RELATION TO SECTION 204.—The au-
thority established for the Attorney General 
under subparagraph (A) is in addition to the 
authority under section 204. The Attorney Gen-
eral may apply such section in lieu of applying 
subparagraph (A).’’.
SEC. 4. REQUIREMENTS REGARDING SCHEDULE V METH-
AMPHETAMINE-RELATED PRODUCTS. 
(a) IN GENERAL.—Section 303 of the Controlled 
Substances Act (21 U.S.C. 823) is amended by adding at 
the end the following subsection: 
‘‘(i) With respect to schedule V methamphetamine- 
related products that do not require prescriptions, a reg-
istration under this section for a pharmacy shall provide 
that, for the general physical location involved, the reg-
istration is subject to the condition that a sale of such 
a product at retail be made in accordance with the same 
requirements as apply under subparagraphs (B) through 
(I) of section 310(d)(1) for the sale at retail of list I 
pseudoephedrine products.’’. 
(b) CONFORMING AMENDMENT.—Section 201(g)(1) 
of the Controlled Substances Act (21 U.S.C. 811(g)(1)), 
as amended by section 2(b)(1) of Public Law 108–358 
(118 Stat. 1663), is amended— 
(1) by striking ‘‘titles II and III of the Com-
prehensive Drug Abuse Prevention and Control Act 
(21 U.S.C. 802 et seq.)’’ and inserting ‘‘this title 
and title III’’; and 
(2) by adding at the end the following: ‘‘The 
preceding sentence does not apply to controlled sub-
stances specified in schedule V(b).’’.
(c) DEFINITIONS.—Section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended— 
(1) by redesignating paragraph (46) (as amend-
ed by section 2(b)(2)(C) of this Act) as paragraph 
(47); and 
(2) by inserting after paragraph (45) the fol-
lowing paragraph: 
‘‘(46)(A) The term ‘schedule V methamphetamine-re-
lated product’ means a product that is approved under 
section 505 of the Federal Food, Drug, and Cosmetic Act 
and— 
‘‘(i) contains ephedrine or phenylpropanolamine; or 
‘‘(ii)(I) contains pseudoephedrine; and 
‘‘(II) is not a list I pseudoephedrine product. 
‘‘(B) The term ‘schedule V pseudoephedrine product’ 
means a product described in subparagraph (A) to which 
clause (ii) of such subparagraph applies.’’. 
SEC. 5. ENFORCEMENT. 
(a) SALES AT RETAIL OF METHAMPHETAMINE-RE-
LATED PRODUCTS.— 
(1) IN
GENERAL.—Section 402 of the Con-
trolled Substances Act (21 U.S.C. 842) is amend-
ed— 
(A) in subsection (a)—
(i) in paragraph (5), by inserting ‘‘, 
other than section 310(d)(2)’’ before the 
semicolon; 
(ii) in paragraph (10), by striking 
‘‘section 310; or’’ and inserting ‘‘section 
310, other than subsection (d)(2);’’; 
(iii) in paragraph (11), by striking the 
period at the end and inserting a semi-
colon; and 
(iv) by inserting after paragraph (11) 
the following paragraphs: 
‘‘(12) who is a retail distributor to knowingly or 
negligently sell at retail a list I pseudoephedrine 
product in violation of a requirement under section 
310(d)(1), or who is a manufacturer or distributor 
(retail or wholesale) to fail to submit a report re-
garding such a product that is required under sec-
tion 310(d)(2) or regulations under such section; or 
‘‘(13) who is a pharmacy or pharmacist reg-
istered under section 303(f) to knowingly or neg-
ligently sell at retail a schedule V methamphet-
amine-related product in violation of any require-
ment under section 303(i);’’; and 
(B) in subsection (c)(1)(B), by inserting 
before the period the following: ‘‘, except that
this subparagraph does not apply to a violation 
of subsection (a) or (b) of section 310 with re-
spect to a list I pseudoephedrine product by a 
person who is not a retail distributor’’. 
(2) CONFORMING AMENDMENTS.—Section 401 
of the Controlled Substances Act (21 U.S.C. 841) is 
amended— 
(A) in subsection (b)(3), in the first sen-
tence, by inserting after ‘‘shall’’ the following: 
‘‘, except to the extent that section 402(a)(13) 
applies,’’; and 
(B) in subsection (f)— 
(i) in paragraph (1), by inserting after 
‘‘shall’’ the following: ‘‘, except to the ex-
tent that section 402(a)(12) applies,’’; and 
(ii) in paragraph (2), by inserting ‘‘, 
other than subsection (d)(2),’’ after ‘‘sec-
tion 310’’. 
(b) RESTRICTIONS
ON
RETAIL
PURCHASES
OF 
PSEUDOEPHEDRINE PRODUCTS; VIOLATION OF LOGBOOK 
REQUIREMENTS
FOR
METHAMPHETAMINE-RELATED 
PRODUCTS.—Section 404(a) of the Controlled Substances 
Act (21 U.S.C. 844(a)) is amended by inserting after the 
second sentence the following: ‘‘It shall be unlawful for 
any person to knowingly or intentionally purchase at retail
without a prescription more than one schedule V or list 
I pseudoephedrine product during a 24-hour period, or 
more than 7,500 milligrams of pseudoephedrine in such 
products during a 30-day period, or to knowingly or inten-
tionally purchase a schedule V methamphetamine-related 
product or a list I pseudoephedrine product without sign-
ing the appropriate logbook and printing information in 
accordance with section 310(d)(1)(F)(i)(III) or 303(i).’’. 
(c) CONTROLLED
SUBSTANCES; UNAUTHORIZED 
MANUFACTURING-RELATED POSSESSION
OR DISTRIBU-
TION OF EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYL-
PROPANOLAMINE; DISTRIBUTION IN GENERAL.—Section 
401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended— 
(1) in subsection (b)(3) (as amended by sub-
section (a)(2)(A) of this section), in the first sen-
tence, by inserting ‘‘subsection (g) or’’ before ‘‘sec-
tion 402(a)(13)’’ ; and 
(2) by adding at the end the following: 
‘‘(g)(1) Any person who possesses a controlled sub-
stance specified in schedule V(b) with intent to manufac-
ture a controlled substance except as authorized by this 
title, or who possesses, distributes, or dispenses such a 
substance knowing, or having reasonable cause to believe, 
that the substance will be used to manufacture a con-
trolled substance except as authorized by this title, shall 
be sentenced in accordance with the same provisions as 
apply under subsection (c). 
‘‘(2) Any person who knowingly distributes or dis-
penses a controlled substance specified in schedule V(b) 
in violation of this title shall, except to the extent that 
section 402(a)(13) applies, be fined under title 18, United 
States Code, or imprisoned not more than 5 years, or 
both.’’. 
SEC. 6. IMPORTS. 
Section 1002(a) of the Controlled Substances Import 
and Export Act (21 U.S.C. 952(a)) is amended— 
(1) in the heading for the section, by adding at 
the 
end 
the 
following: 
‘‘AND
EPHEDRINE, 
PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE’’; 
(2) in the matter preceding paragraph (1), by 
inserting ‘‘or ephedrine, pseudoephedrine, or phenyl-
propanolamine,’’ after ‘‘schedule III, IV, or V of title 
II,’’; and 
(3) in paragraph (1), by inserting ‘‘, and of 
ephedrine, pseudoephedrine, and phenylpropanola-
mine, ’’ after ‘‘coca leaves’’. 
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