formation indicating that the prescription drug 
presents a risk to the public health. 
‘‘(B) APPROVAL.—A prescription drug 
may be detained under subparagraph (A) only 
if the Secretary or an official designated by the 
Secretary approves the order of detention. 
‘‘(2) PERIOD OF DETENTION.—A prescription 
drug may be detained under paragraph (1) for a 
reasonable period, not to exceed 20 days, unless a 
greater period, not to exceed 30 days, is necessary, 
to enable the Secretary to commence an action 
under this subsection or section 302. 
‘‘(3) SECURITY OF DETAINED ARTICLE.—
‘‘(A) IN GENERAL.—An order under para-
graph (1) with respect to a prescription drug—
‘‘(i) may require that the prescription 
drug be labeled or marked as detained; and 
‘‘(ii) shall require that the prescrip-
tion drug be removed to a secure facility, 
as appropriate. 
‘‘(B) NO TRANSFER.—A prescription drug 
subject to an order under paragraph (1) shall 
not be transferred by any person from the place 
at which the prescription drug is ordered de-
tained or from the place to which the prescrip-
tion drug is removed, until released by the Sec-
retary or until the expiration of the detention 
period applicable under the order, whichever oc-
curs first. 
‘‘(C) EFFECT OF PARAGRAPH.—This para-
graph does not authorize the delivery of a pre-
scription drug pursuant to the execution of a 
bond while the prescription drug is subject to 
an order under paragraph (1). 
‘‘(D) EFFECT OF BONDING PROVISION.—
Section 801(b) does not authorize the delivery 
of a prescription drug pursuant to the execution 
of a bond while the prescription drug is subject 
to an order under paragraph (1). 
‘‘(4) APPEAL OF DETENTION ORDER.—
‘‘(A) IN GENERAL.—With respect to a pre-
scription drug detained under paragraph (1), 
any person that would be entitled to be a claim-
ant for the prescription drug if the prescription 
drug were seized under paragraph (1) may ap-
peal the order of detention to the Secretary. 
‘‘(B) ACTION
BY
THE
SECRETARY.—Not 
later than 5 days after an appeal is filed, the 
Secretary, after providing opportunity for an in-
formal hearing, shall confirm or terminate the
order, and confirmation by the Secretary shall 
be considered to be a final agency action for 
purposes of section 702 of title 5, United States 
Code. 
‘‘(C) FAILURE TO ACT.—If, during the 5-
day period specified in subparagraph (B), the 
Secretary fails to provide an opportunity for 
hearing or to confirm or terminate the order, 
the order shall be deemed to be terminated. 
‘‘(D) EFFECT
OF
COMMENCEMENT
OF 
COURT ACTION.—The process under this para-
graph for the appeal of an order under para-
graph (1) with respect to a prescription drug 
terminates if the Secretary commences an ac-
tion under subsection (a) or section 302 regard-
ing the prescription drug. 
‘‘(b) EFFECT OF SECTION.—Nothing in this section 
applies to a prescription drug imported by an individual 
under section 812 or to a commercial transaction con-
ducted between an Internet pharmacy and an individual.’’. 
(b) TEMPORARY HOLD AT PORT OF ENTRY.—Sec-
tion 801 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 381) (as amended by section 4(e)) is amended 
by adding at the end the following: 
‘‘(r) TEMPORARY HOLD AT PORT OF ENTRY.—
‘‘(1) IN GENERAL.—If an officer or qualified 
employee of the Food and Drug Administration has 
credible evidence or information indicating that a 
prescription drug presents a risk to the public 
health, and the officer or qualified employee is un-
able to inspect, examine, or investigate the prescrip-
tion drug upon the prescription drug’s being offered 
for import at a port of entry into the United States, 
the officer or qualified employee shall request the 
Secretary of the Treasury to hold the prescription 
drug at the port of entry for a reasonable period of 
time, not to exceed 24 hours, for the purpose of ena-
bling the Secretary to inspect, examine, or inves-
tigate the prescription drug as appropriate. 
‘‘(2) APPROVAL.—
‘‘(A) IN GENERAL.—An officer or qualified 
employee of the Food and Drug Administration 
may make a request under paragraph (1) only 
if the Secretary or an official designated by the 
Secretary approves the request. 
‘‘(B) DESIGNEES.—An official may not be 
designated under subparagraph (A) unless the 
official is the director of the district under this 
Act in which the prescription drug is located, or 
is an official senior to that director.
‘‘(3) NOTIFICATION.—With respect to a pre-
scription drug for which a request under paragraph 
(1) is made, the Secretary, promptly after the re-
quest is made, shall notify the State in which the 
port of entry involved is located that the request has 
been made, and as applicable, that the prescription 
drug, is being held under this subsection. 
‘‘(4) REMOVAL.—A prescription drug held 
under paragraph (1) shall be removed to a secure fa-
cility, as appropriate. 
‘‘(5) NO
TRANSFER.—During the period in 
which a prescription drug is held under this sub-
section, the prescription drug shall not be trans-
ferred by any person from the port of entry into the 
United States for the prescription drug or from the 
secure facility to which the prescription drug has 
been removed. 
‘‘(6) EFFECT OF BONDING PROVISION.—Sub-
section (b) does not authorize the delivery of a pre-
scription drug held under this subsection pursuant 
to the execution of a bond while the prescription 
drug is held under this subsection. 
‘‘(7) EFFECT OF SUBSECTION.—Nothing in this 
subsection applies to a prescription drug imported 
by an individual under section 812 or to a commer-