PENDING PROCEEDINGS note SEC. 702. (a) Prosecutions for any violation of law 21 U.S.C. 321 occurring prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of section 701 shall not be affected by the repeals or amendments made by such section, or abated by reason thereof. (c) All administrative proceedings pending before the Bureau of Narcotics and Dangerous Drugs on the date of enactment of this Act shall be continued and brought to final determination in accord with laws and regulations in effect prior to such date of enactment. Where a drug is finally determined under such proceedings to be a depressant or stimulant drug, as defined in section 201(v) of the Federal Food, Drug, and Cosmetic Act, such drug shall automatically be controlled under this title by the Attorney General without further proceedings and listed in the appropriate schedule after he has obtained the recommendation of the Secretary. Any drug with respect to which such a final determination has been made prior to the date of enactment of this Act which is not listed in section 202 within schedules I through V shall automatically be controlled under this title by the Attorney General without further proceedings, and be listed in the appropriate schedule, after he has obtained the recommendations of the Secretary. PROVISIONAL REGISTRATION SEC. 703. (a) (1) Any person who— (A) is engaged in manufacturing, distributing, or dispensing any controlled substance on the day before the effective date of section 302, and (B) is registered on such day under section 510 of the Federal Food, Drug, and Cosmetic Act or under section 4722 of the Internal Revenue Code of 1954, shall, with respect to each establishment for which such registration is in effect under any such section, be deemed to have a provisional registration under section 303 for the manufacture, distribution, or dispensing (as the case may be) of controlled substances. (2) During the period his provisional registration is in effect under this section, the registration number assigned such person under such section 510 or under such section 4722 (as the case may be) shall be his registration number for purposes of section 303 of this title. (b) The provisions of section 304, relating to suspension and revocation of registration, shall apply to a provisional registration under this section. 21 U.S.C. 822 note 21 U.S.C. 801 note 21 U.S.C. 801 note 21 U.S.C. 901 21 U.S.C. 902 (c) Unless sooner suspended or revoked under subsection (b), a provisional registration of a person under subsection (a) (1) of this section shall be in effect until (1) the date on which such person has registered with the Attorney General under section 303 or has had his registration denied under such section, or (2) such date as may be prescribed by the Attorney General for registration of manufacturers, distributors, or dispensers, as the case may be, whichever occurs first. EFFECTIVE DATES AND OTHER TRANSITIONAL PROVISIONS SEC. 704. (a) Except as otherwise provided in this section, this title shall become effective on the first day of the seventh calendar month that begins after the day immediately preceding the date of enactment. (b) Parts A, B, E, and F of this title, section 702, this section, and sections 705 through 709, shall become effective upon enactment. (c) Sections 305 (relating to labels and labeling), and 306 (relating to manufacturing quotas) shall become effective on the date specified in subsection (a) of this section, except that the Attorney General may by order published in the Federal Register postpone the effective date of either or both of these sections for such period as he may determine to be necessary for the efficient administration of this title. CONTINUATION OF REGULATIONS SEC. 705. Any orders, rules, and regulations which have been promulgated under any law affected by this title and which are in effect on the day preceding enactment of this title shall continue in effect until modified, superseded, or repealed. SEVERABILITY SEC. 706. If a provision of this Act is held invalid, all valid provisions that are severable shall remain in effect. If a provision of this Act is held invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. SAVING PROVISION SEC. 707. Nothing in this Act, except this part and, to the extent of any inconsistency, sections 307 (e) and 309 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. APPLICATION OF STATE LAW SEC. 708. No provision of this title shall be construed 21 U.S.C. 903 as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of any State law on the same subject matter which would otherwise be within the authority of the State, unless there is a positive conflict between that provision of this title and that State law so that the two cannot consistently stand together. APPROPRIATIONS AUTHORIZATIONS SEC. 709. There are authorized to be appropriated for 21 U.S.C. 904 expenses of the Department of Justice in carrying out its functions under this title (except section 103) not to exceed $60,000,000 for the fiscal year ending June 30, 1972, $70,000,000 for the fiscal year ending June 30, 1973, and $90,000,000 for the fiscal year ending June 30, 1974. |