Offenses; penalties

(a) Serial numbers (1) Prohibited Acts B—Penalties Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (A) in paragraph (16), by striking or at the end; (B) in paragraph (17), by striking the period at the end and inserting a semicolon; and (C) by inserting after paragraph (17) the following: (18) to violate subsection (a) of section 310A; (19) to refuse or negligently fail to make a report under subsection (b) of section 310A;. (2) Prohibited Acts C—Penalties Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended— (A) in subsection (a), in each of paragraphs (6) and (7), by inserting critical part of a tableting machine, critical part of an encapsulating machine, after encapsulating machine,; and (B) by adding at the end the following: (g) It shall be unlawful to— (1) intentionally remove, alter, or obliterate any serial number affixed to any tableting machine, encapsulating machine, critical part of a tableting machine, or critical part of an encapsulating machine that is required to have a serial number pursuant to subsection (a) of section 310A, if the person removing, altering, or obliterating such serial number knows or has reasonable cause to believe the serial number is so required; (2) transport, ship, receive, or possess any tableting machine, encapsulating machine, critical part of a tableting machine, or critical part of an encapsulating machine that is required to have a serial number pursuant to subsection (a) of section 310A, if the person transporting, shipping, receiving, or possessing such a machine or critical part thereof knows that the serial number has been removed, obliterated, or altered, and has reasonable cause to believe the serial number is required pursuant to subsection (a) of section 310A; or (3) possess a tableting machine or an encapsulating machine that is required to have a serial number pursuant to subsection (a) of section 310A, if the person in possession of such machine knows that the machine does not have a serial number, and has reasonable cause to believe the serial number is required pursuant to subsection (a) of section 310A. (h) In a prosecution for an offense under subsection (g)(3), it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the person possessed the tableting machine or encapsulating machine on the day before the effective date of this subsection and, not later than 180 days after that date, or for such additional period designated by the Attorney General for good cause, the person— (1) sold or otherwise transferred the tableting machine or encapsulating machine to a manufacturer, importer, exporter, or dealer of tableting machines or encapsulating machines that is registered under section 310C(a); (2) had a serial number engraved, cast, or otherwise affixed to a non-removable part of the tableting machine or encapsulating machine by a manufacturer, importer, exporter, or dealer of tableting machines or encapsulating machines that is registered under section 310C(a); or (3) destroyed the tableting machine or encapsulating machine. (i) For purposes of this subsection, the term destroy has the meaning given such term in section 310B. (j) Subsection (g) does not apply to a manufacturer, importer, exporter, or dealer of tableting machines or encapsulating machines that is registered under section 310C(a)(1) or exempt from registration pursuant to section 310C(a)(2). Subsection (g) shall become effective 2 years after the date of enactment, except that the Attorney General may by order published in the Federal Register postpone the effective date of subsection (g) for such period as he may determine to be necessary for the efficient administration of this Act.. (b) Registration of certain machines and parts Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)), as amended by subsection (a), is further amended by inserting after paragraph (19) the following: (20) to violate subsection (a) or (b) of section 310B; or. (c) Registration of manufacturers, importers, exporters, and dealers Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)), as amended by subsections (a) and (b), is further amended by inserting after paragraph (20) the following: (21) to manufacture, import, export, or deal a tableting machine, encapsulating machine, critical part of a tableting machine, or critical part of an encapsulating machine without a registration required by section 310C, except as specified in subsection (g)(1) of such section..