IIB 
111TH CONGRESS 
1ST SESSION H. R. 1259 
IN THE SENATE OF THE UNITED STATES 
APRIL 1, 2009 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dextromethorphan 
Distribution Act of 2009’’. 
SEC. 
2. 
RESTRICTIONS 
ON 
DISTRIBUTION 
OF 
BULK 
DEXTROMETHORPHAN. 
The Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321 et seq.) is amended— 
(1) in section 501, by inserting at the end the 
following: 
‘‘(j) If it is unfinished dextromethorphan and is pos-
sessed, received, or distributed in violation of section 
506D.’’; and 
(2) by inserting after section 506C the fol-
lowing: 
‘‘SEC. 506D. RESTRICTIONS ON DISTRIBUTION OF BULK 
DEXTROMETHORPHAN. 
‘‘(a) RESTRICTIONS.—No person shall— 
‘‘(1) 
possess 
or 
receive 
unfinished 
dextromethorphan, unless the person is registered 
under section 510 or otherwise registered, licensed, 
or approved pursuant to Federal or State law to en-
gage in the practice of pharmacy, pharmaceutical 
production, or manufacture or distribution of drug 
ingredients; or 
‘‘(2) distribute unfinished dextromethorphan to 
any person other than a person registered under sec-
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tion 510 or otherwise registered, licensed, or ap-
proved pursuant to Federal or State law to engage 
in the practice of pharmacy, pharmaceutical produc-
tion, or manufacture or distribution of drug ingredi-
ents. 
‘‘(b) EXCEPTION
FOR COMMON CARRIERS.—This 
section does not apply to a common carrier that possesses, 
receives, or distributes unfinished dextromethorphan for 
purposes 
of 
distributing 
such 
unfinished 
dextromethorphan between persons described in sub-
section (a) as registered, licensed, or approved. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘common carrier’ means any per-
son that holds itself out to the general public as a 
provider for hire of the transportation by water, 
land, or air of merchandise, whether or not the per-
son actually operates the vessel, vehicle, or aircraft 
by which the transportation is provided, between a 
port or place and a port or place in the United 
States. 
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‘‘(2) The term ‘unfinished dextromethorphan’ 
means dextromethorphan that is not contained in a 
drug that is in finished dosage form.’’. 
Passed the House of Representatives March 31, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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