Overview
Title
To amend the Controlled Substances Act to provide for the regulation of critical parts of tableting machines and encapsulating machines, and for other purposes.
ELI5 AI
The STOPP Act is like making sure all toy-building machines and their important parts have special numbers and are tracked, so people can't make bad toys secretly. It's a way to keep an eye on these machines to stop people from making harmful things without permission.
Summary AI
The H. R. 1100 bill, titled the “Stop the Opioid Pill Presser and Fentanyl Act” or the “STOPP Act,” aims to regulate tableting and encapsulating machines, along with their critical parts, under the Controlled Substances Act. It introduces a requirement for these machines and their parts to have serial numbers and mandates registration for anyone manufacturing, importing, exporting, or dealing them. The bill also establishes a centralized registry to track these machines and parts, and imposes penalties for non-compliance, including unauthorized manufacturing or dealing, and tampering with serial numbers. Its primary goal is to prevent the illicit production of drugs by more closely monitoring and regulating these machines and their components.
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AnalysisAI
The proposed bill, known as the "Stop the Opioid Pill Presser and Fentanyl Act" or "STOPP Act," aims to amend the Controlled Substances Act to regulate certain parts of machines used in the manufacture of tablets and capsules. This legislative effort reflects the ongoing struggle to control illegal drug production and distribution in the United States, particularly concerning opioids and fentanyl.
General Summary of the Bill
The bill expands the definitions within the Controlled Substances Act to include "critical parts" of tableting and encapsulating machines, which are components such as the press punch and die system. By doing so, the bill seeks to ensure that all parts crucial to the operation of these machines are subject to regulation. It requires serialization and registration of these machines and their parts, imposing mandatory reporting of transactions to the Attorney General. The bill also details penalties for non-compliance, including tampering with serial numbers or failing to register equipment.
Significant Issues
One of the major issues raised by the bill is the potential ambiguity and complexity introduced by expanding the scope of regulated items to include critical parts of machines. The broad definition of "critical part" could lead to enforcement challenges and confusion among manufacturers, especially regarding international transactions.
Serialization and registration requirements could place significant financial burdens on manufacturers, importers, and exporters. Smaller entities might find compliance challenging due to potentially increased costs and logistical demands. Moreover, the Attorney General's discretionary power in setting requirements might lead to inconsistencies in enforcement.
The registration process for manufacturers and dealers involves undefined terms such as "public interest," which could lead to varied interpretations. This vagueness extends to inspection procedures, which lack specific details, possibly resulting in inconsistencies in the application.
Additionally, the penalties outlined in the bill could be seen as disproportionately severe, particularly given the potential for indefinite deferral of enforcement. The technical language used may also pose difficulties for non-experts, complicating compliance efforts.
Impact on the Public and Stakeholders
The bill aims to combat the illegal manufacturing of opioids by tightening regulations on machines that could be used for illicit purposes. This initiative may contribute to reducing the availability of illegal substances, thus positively impacting public health and safety. However, it also imposes new regulatory requirements on legitimate businesses involved in the manufacturing, trading, and export of these machines, potentially affecting their operations.
For large manufacturers and importers, the bill might necessitate changes in their operational processes, requiring additional resources to ensure compliance. Smaller businesses, however, might face disproportionate challenges due to financial and administrative burdens. These hurdles could discourage new ventures from entering the market, potentially stifling innovation or competition in the sector.
Ethical concerns are also raised by the bill's extensive recordkeeping and data reporting requirements. Without clear data protection measures, there might be risks related to privacy and security, affecting how stakeholders perceive the fairness and transparency of these regulations.
In conclusion, while the STOPP Act is designed to address significant public health concerns, particularly regarding the opioid crisis, it introduces regulatory complexities that could burden stakeholders in legitimate industries. Balancing the intention to curb illegal drug production with the need for clear, equitable regulations will be critical in ensuring the bill's effectiveness and acceptance among affected parties.
Issues
The amendments in Sections 2 and 3 to the definitions and transactions involving 'critical parts' could introduce ambiguity and complexity, which might lead to enforcement challenges and confusion for stakeholders involved in manufacturing and regulation. These changes expand the scope of regulation significantly and could create legal uncertainties, particularly concerning international transactions and the discretionary power of the Attorney General.
Sections 4, 310A, and 5 lay out the requirements for serialization and registration of tableting and encapsulating machines and their parts. These requirements could impose significant financial and logistical burdens on manufacturers, importers, and exporters, particularly affecting smaller entities. The broad discretionary power granted to the Attorney General to determine these requirements may lead to inconsistent enforcement and potential overreach.
Section 6 introduces complexity in the registration process for manufacturers, importers, exporters, and dealers of tableting and encapsulating machines. The vagueness around terms such as 'critical part', 'public interest', and lack of detailed inspection procedures could lead to varied interpretations and inconsistencies in the application of the law.
The penalties for offenses related to serialization and registration in Section 7 may be considered severe. The potential for indefinite deferral of penalty enforcement by the Attorney General could also create legal uncertainty. The technical and legal language used might be difficult for non-experts to interpret, leading to compliance challenges.
The extensive recordkeeping and data reporting requirements in Section 5 and 310C, without explicit privacy and data protection measures, may raise ethical concerns regarding data security and stakeholder privacy, potentially impacting the perceived fairness and transparency of enforcing these laws.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section indicates that the official short title of the Act is the "Stop the Opioid Pill Presser and Fentanyl Act” or the “STOPP Act.”
2. Definitions Read Opens in new tab
Summary AI
The amendments to the Controlled Substances Act expand the definition of certain terms to include "critical parts" related to tableting and encapsulating machines, like the press punch, die system, and hopper, among others. It also broadens the scope of actions involving these machines, such as the distribution, sale, and international transactions.
3. Regulated transactions of critical parts Read Opens in new tab
Summary AI
The section amends the Controlled Substances Act to include "critical parts of a tableting machine or an encapsulating machine" in the list of regulated transactions that need to be recorded and reported to the Attorney General. These changes will take effect 120 days after the Act is enacted, unless the Attorney General decides to delay the implementation.
4. Serialization of certain machines and parts Read Opens in new tab
Summary AI
The bill requires manufacturers, distributors, importers, or exporters to assign and permanently attach a serial number to certain machines and parts, like tableting and encapsulating machines, following regulations set by the Attorney General. Additionally, any transactions involving these serialized items must be reported to the Attorney General, and records of such transactions must be maintained according to specific regulations.
310A Serialization of certain machines and parts Read Opens in new tab
Summary AI
Certain machines and their critical parts, like tableting and encapsulating machines, must have a serial number permanently attached as per regulations from the Attorney General. Additionally, anyone involved in the manufacture, distribution, or sale of these machines and parts has to report transactions to the Attorney General and keep records as required by regulations.
5. Registration of certain machines and parts Read Opens in new tab
Summary AI
The bill section requires manufacturers, distributors, importers, or exporters of tableting machines and parts to register these machines with the Attorney General and report their activities involving these machines. It also establishes a National Pill Press Registry and defines terms like "manufacture" and "distribute" for these regulations.
310B. Registration of certain machines and parts Read Opens in new tab
Summary AI
Manufacturers, distributors, importers, and exporters of machines and parts used for making tablets and capsules must register their equipment with the Attorney General and report any related activities like manufacturing or selling. The Attorney General is responsible for setting rules about what needs to be registered and maintaining a National Pill Press Registry of this equipment.
6. Registration of manufacturers, importers, exporters, and dealers of tableting machines, encapsulating machines, and critical parts Read Opens in new tab
Summary AI
The section outlines the requirements for anyone involved in the production, trade, or usage of tableting and encapsulating machines to register with the Attorney General every year. It details the conditions under which registration may be waived, terminated, denied, or transferred, and highlights the importance of maintaining records and regulations to prevent misuse of these machines in illegal activities, while also allowing for inspections and potential suspension in cases of significant public safety threats.
310C. Registration of manufacturers, importers, exporters, and dealers of tableting machines, encapsulating machines, and critical parts Read Opens in new tab
Summary AI
The section requires anyone who makes, imports, exports, or sells tableting or encapsulating machines and their critical parts to register annually with the Attorney General. It also outlines the conditions under which registrations can be denied, revoked, or suspended, and specifies rules for maintaining records, inspections, fees, and public safety considerations.
7. Offenses; penalties Read Opens in new tab
Summary AI
The section details amendments to the Controlled Substances Act regarding penalties related to serial numbers on certain machines. It makes it illegal to tamper with or possess machines without proper serial numbers, and outlines when registration is required for those who manufacture, import, export, or deal with specific machines and their parts.