Page:United States Statutes at Large Volume 74.djvu/98

This page needs to be proofread.
[74 Stat. 58]
[74 Stat. 58]
PUBLIC LAW 86-000—MMMM. DD, 1960

58

Ante, p. 55.

PUBLIC LAW 8 6 - 4 2 9 - A P R. 22, 1960

[74 S T A T.

delegate, on the subject) he determines that such previous finding was erroneous, and upon publication of such determination in the Federal Kegister, the particular drug or other substance shall cease to be an opiate. For purposes of the foregoing provision the Secretary or his delegate may consider any action taken pursuant to article 3 of the 1948 protocol (as defined in section 3 (D) of the Narcotics Manufacturing Act of 1960)." "(3)

EEGULATIONS, ETC.—The Secretary or his delegate is au-

thorized to issue necessary rules and regulations for carrying out the provisions of this subsection, and to confer or impose upon any officer or employee of the Treasury Department whom he shall designate or appoint, the duty of conducting any hearing authorized hereunder. " (4) CROSS R E F E R E N C E. —

26 USC r4702^"

"For treatment of certain drugs as being, or ceasing to be, opiates for purposes of this part, see section 5 of the Narcotics Manufacturing Act of 1960."

^^^ Subsection (a) of section 4702 of the Internal Revenue Code of 1954 is amended to read as follows:

•'(a) EXCEPTIONS FROM CERTAIN PROVISIONS AUTHORIZED FOR P R E P ARATIONS OF No ADDICTIVE QUALITY OR OF MINOR ADDICTIVE QUALITY.—

4722 "732 *'^^^' Post, p. 66.

"(1) If the Secretary or his delegate, either upon his own motion or upon the application of an mterested party, after consideration of the report and recommendations of an advisory committee appointed under paragraph (4) of this subsection, and after due notice and opportunity for hearing, finds that a pharmaceutical preparation containing a narcotic drug combined with other active or inactive ingredients— " (A) either possesses no addiction-forming or addictionsustaining liability, or does not possess an addiction-forming or addiction-sustaining liability sufficient to warrant imposition of all of the requirements of this part, and " (B) does not permit the recovery of a narcotic drug having such an addiction-forming or addiction-sustaining liability, with such relative technical simplicity and degree of yield as to create a risk of improper use; the Secretary or his delegate may except such pharmaceutical preparation to the extent consistent with the obligations undertaken by the United States pursuant to the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, concluded at Geneva, July 13, 1931, and entered into force with respect to the United States of America, July 9, 1933, as amended by the protocol signed at Lake Success on December 11, 1946, and the protocol bringing under international control drugs outside the scope of the convention of July 13, 1931, for limiting the manufacture and regulating the distribution of narcotic drugs (as amended by the protocol signed at Lake Success on December 11, 1946) j signed at Paris, November 19, 1948, and entered into force with respect to the United States of America, September 11, 1950, and with the public health, safety, and welfare, from any or all of the requirements imposed by this part, other than those requirements imposed by sections 4721, ^^^^' ^'^24(a), and 4732, and from any or all of the requirements imposed by section 6 of the Act entitled 'An Act to prohibit the importation and use of opium for other than medicinal purposes', approved February 9, 1909, as amended by section 15 of the Narcotics Manufacturing Act of 1960. "(2) I n excepting any pharmaceutical preparation under pararagraph (1), the Secretary or his delegate may, in his discretion, apply any or all of the following requirements: