I 
109TH CONGRESS 
1ST SESSION H. R. 3568 
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 
JULY 28, 2005 
Mr. LATHAM (for himself, Mr. BOSWELL, Mr. LEACH, and Mr. NUSSLE) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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 ‘‘Angie Fatino Save Our 
Children from Meth Act of 2005’’.
SEC. 2. SCHEDULES OF CONTROLLED SUBSTANCES; TRANS-
FER OF EPHEDRINE, PSEUDOEPHEDRINE, 
AND PHENYLPROPANOLAMINE TO SCHEDULE 
V. 
(a) IN GENERAL.—The Controlled Substances Act 
(21 U.S.C. 801 et seq.) is amended by inserting after sec-
tion 202 the following section: 
‘‘SEC. 
202A. 
SCHEDULING 
OF 
EPHEDRINE, 
PSEUDOEPHEDRINE, 
AND 
PHENYL-
PROPANOLAMINE. 
‘‘(a) SCHEDULE V.—With respect to schedule V of 
the schedules of controlled substances established under 
section 202(c), the Attorney General shall by regulation, 
not later than 90 days after the date of the enactment 
of the Angie Fatino Save Our Children from Meth Act 
of 2005, transfer to such schedule the following chemicals, 
subject to subsection (b): 
‘‘(1) Ephedrine. 
‘‘(2) Pseudoephedrine. 
‘‘(3) Phenlypropanolamine. 
‘‘(4) Each of the salts, optical isomers, and 
salts of optical isomers of the chemicals specified in 
paragraphs (1) through (3). 
‘‘(b) PSEUDOEPHEDRINE
IN CERTAIN PRODUCTS; 
CONTINUED REGULATION AS LIST I CHEMICAL.—Subject 
to the authority of the Attorney General under this Act
to designate substances as controlled substances or listed 
chemicals: 
‘‘(1) 
Subsection 
(a) 
does 
not 
apply 
to 
pseudoephedrine when contained in a product that—
‘‘(A) is in the form of a liquid, liquid cap-
sule, or liquid-filled gel capsule; 
‘‘(B) does not contain more than 360 milli-
grams of pseudoephedrine; and 
‘‘(C) is approved under section 505 of the 
Federal Food, Drug, and Cosmetic Act. 
‘‘(2) Pseudoephedrine, when contained in such 
a product, shall be considered a list I chemical.’’. 
(b) DEFINITIONS.—Section 102 of the Controlled 
Substances Act (21 U.S.C. 102) is amended by adding at 
the end the following paragraph: 
‘‘(46)(A) The term ‘pseudoephedrine’ includes 
each of the salts, optical isomers, and salts of optical 
isomers of pseudoephedrine. 
‘‘(B) The term ‘schedule V pseudoephedrine 
product’ 
means 
a 
product 
that 
contains 
pseudoephedrine and—
‘‘(i) is not a list I pseudoephedrine prod-
uct; and 
‘‘(ii) is approved under section 505 of the 
Federal Food, Drug, and Cosmetic Act.
‘‘(C) The term ‘list I pseudoephedrine product’ 
means a product that contains pseudoephedrine and 
is described in section 202A(b)(1).’’. 
SEC. 3. REGULATION OF PSEUDOEPHEDRINE AS LIST I 
CHEMICAL; EXCEPTIONS FROM DEFINITION 
OF REGULATED TRANSACTION; CONFORMING 
AMENDMENTS 
REGARDING 
SCHEDULE 
V 
PRODUCTS. 
(a) IN GENERAL.—Section 102 of the Controlled 
Substances Act (21 U.S.C. 802) is amended— 
(1) in paragraph (39)(A), by amending clause 
(iv) to read as follows: 
‘‘(iv)(I) subject to to subclause (II), any 
transaction in a listed chemical that is con-
tained in a drug that may be marketed or dis-
tributed lawfully in the United States under the 
Federal Food, Drug, and Cosmetic Act un-
less— 
‘‘(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, unless the Attorney 
General has determined under section 204 that 
the product is being diverted to obtain 
pseudoephedrine for use in the illicit production 
of a controlled substance; or’’; 
(2) by striking paragraph (45); and 
(3) by redesignating the paragraph (46) that 
relates to retail distributor as paragraph (45). 
(b) 
CONFORMING
AMENDMENT.—Section 
310(b)(3)(D)(ii) of the Controlled Substances Act (21 
U.S.C. 
830(b)(3)(D)(ii)) 
is 
amended 
by 
striking 
‘‘102(46)’’ and inserting ‘‘102(45)’’. 
SEC. 4. RESTRICTIONS ON NONPRESCRIPTION RETAIL 
SALES OF PSEUDOEPHEDRINE PRODUCTS. 
(a) LIST I AND SCHEDULE V PRODUCTS; REGISTRA-
TION CONDITIONS.—Section 303 of the Controlled Sub-
stances Act (21 U.S.C. 823) is amended by adding at the 
end the following subsection: 
‘‘(i)(1) With respect to list I pseudoephedrine prod-
ucts, a registration under this section that includes au-
thority for the sale of such products at retail (including
a registration for a pharmacy) shall provide that, for the 
general physical location for which the registration is 
issued, the registration is subject to the following condi-
tions: 
‘‘(A) In offering the products for sale, the reg-
istrant places the products such that customers do 
not have direct access to the products (commonly 
known as behind the counter). 
‘‘(B) The registrant does not sell such a prod-
uct that is in the form of a package that can be fur-
ther broken down or subdivided into two or more 
separate and distinct packages. 
‘‘(C) The registrant does not knowingly sell to 
an individual more than one such product during a 
24-hour period. 
‘‘(D) The registrant 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 subsection as the 
‘logbook’). 
‘‘(E) The registrant 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) legibly signs the logbook and 
prints in the logbook his or her name, ad-
dress, and the date and time of the sale; 
and 
‘‘(ii) the registrant determines that the 
name signed and printed in the logbook cor-
responds to the name provided on such identi-
fication and that the date and time entered are 
correct. 
‘‘(F) After a volume of the logbook is full, the 
registrant maintains possession of the volume for 
not fewer than 12 months after the date of the last 
sale entered in the logbook. 
‘‘(G) The registrant does not offer a promotion 
in which, as part of a purchase transaction, such a 
product is provided without charge. 
‘‘(H) On the premises of the location, the reg-
istrant posts a clear and conspicuous notice pro-
viding as follows: ‘Federal law prohibits the over-the- 
counter purchase of more than one product con-
taining pseudoephedrine in a 24-hour period, and 
prohibits the over-the-counter purchase of more than
7,500 milligrams of pseudoephedrine within a 30-
day period. If you make an over-the-counter pur-
chase of such a product, you are required to sign a 
logbook that may be accessible to law enforcement 
officers.’. 
‘‘(2) With respect to schedule V pseudoephedrine 
products that do not require prescriptions, a registration 
under this section for a pharmacy shall provide that, for 
the general physical location involved, the registration is 
subject to the following conditions: 
‘‘(A) The registrant does not dispense such a 
product unless—
‘‘(i) the prospective purchaser is 18 years 
of age or older; and 
‘‘(ii) in any case in which the prospective 
purchaser is not known to the pharmacist in-
volved, such purchaser presents an identifica-
tion card that provides a photograph, is issued 
by a State or the Federal Government, and in-
dicates the age of such purchaser. 
‘‘(B) The registrant maintains a record for the 
dispensing of such a product that contains, for each 
sale of the product—
‘‘(i) the name and address of the pur-
chaser;
‘‘(ii) the name and quantity of the product 
purchased; 
‘‘(iii) the date of the purchase; and 
‘‘(iv) the name or unique identification of 
the pharmacist involved. 
‘‘(C) The record under subparagraph (B) is in 
one or more of the following forms: 
‘‘(i) A hard-copy record. 
‘‘(ii) A record in an electronic prescription- 
dispensing system. 
‘‘(iii) A record in an electronic data collec-
tion system that contains the information re-
quired in this subparagraph and that is capable 
of producing a hard-copy printout of the 
record.’’. 
(b) PENALTIES.—Section 402(a) of the Controlled 
Substances Act (21 U.S.C. 842(a)) is amended— 
(1) in paragraph (10), by striking ‘‘or’’ after 
the semicolon at the end; 
(2) in paragraph (11), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (11) the fol-
lowing paragraph: 
‘‘(12) who is a registrant to violate any of the 
registration conditions described in section 303(i)
(relating to the sale of list I and schedule V 
pseudoephedrine products).’’. 
SEC. 
5. 
RESTRICTIONS 
ON 
PURCHASES 
OF 
PSEUDOEPHEDRINE. 
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 per-
son to knowingly or intentionally purchase at retail with-
out a prescription more than one list I pseudoephedrine 
product during a 24-hour period, or to knowingly or inten-
tionally purchase such a product at retail without legibly 
signing the appropriate logbook referred to in section 
303(i)(1)(D). It shall be unlawful for any person to know-
ingly or intentionally purchase at retail without a prescrip-
tion more than 7,500 milligrams of pseudoephedrine in list 
I or schedule V pseudoephedrine products during a 30-
day period.’’.
Æ