Overview
Title
To amend the Federal Food, Drug, and Cosmetic Act to require pill press molds to bear a unique serial number, to amend the Controlled Substances Act to prohibit the knowing possession of a pill press mold with intent to manufacture certain counterfeit substances, and for other purposes.
ELI5 AI
The bill wants to make sure special machines that press pills have their own unique numbers, like a secret code, and if someone has one of these machines and tries to make fake medicine, they can get into big trouble. It also tells important people in charge to work together to make sure these rules are followed.
Summary AI
The bill, H.R. 9258, titled the "Disrupt Fentanyl Pill Production Act," aims to regulate the use of pill press molds in drug manufacturing. It amends the Federal Food, Drug, and Cosmetic Act to require that these molds have unique serial numbers and mandates manufacturers register this information with the FDA. Additionally, it changes the Controlled Substances Act to make it illegal to possess a pill press mold with the intent to produce counterfeit drugs, imposing penalties of up to 20 years in prison. The bill also instructs the United States Sentencing Commission to update sentencing guidelines to reflect these new offenses.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known as the "Disrupt Fentanyl Pill Production Act," aims to amend existing federal laws to increase regulation of pill press molds. These molds are used in the production of pills and tablets, and the bill seeks to impose strict measures to curtail the manufacture of counterfeit substances, particularly addressing the illicit production of opioids like fentanyl.
Key amendments include requiring unique serial numbers for each pill press mold, mandating manufacturers to register these molds with the Food and Drug Administration (FDA), and introducing severe penalties for anyone found possessing a pill press mold with the intent to manufacture counterfeit drugs. Coordination between the Department of Health and Human Services and the Attorney General is also mandated to ensure effective information-sharing and regulation.
Significant Issues
One of the primary concerns with this bill is the broad definition of what constitutes a "pill press mold." The expansive characterization may unintentionally encompass a wider range of devices than intended, which could lead to over-regulation. Additionally, the bill mandates a severe penalty of up to 20 years in prison for possession of pill press molds intended for illegal purposes. This sentence length raises questions about proportionality compared to other offenses.
Another issue is the potential financial burden on manufacturers to comply with the new requirements. Smaller businesses may find it challenging to bear the costs of adhering to serialization and registration conditions. Furthermore, the bill lacks detailed guidelines on how agencies will coordinate and enforce these new rules effectively.
Impact on the Public
For the general public, the bill could have both positive and negative implications. On the positive side, by targeting the production of counterfeit substances, it seeks to reduce the availability of dangerous and potentially lethal drugs like counterfeit fentanyl on the street. This could contribute to a decrease in drug-related health crises and deaths.
Conversely, the bill's complex regulations could slow down the initial implementation and enforcement. Additionally, smaller pharmaceutical companies might struggle with compliance, potentially affecting the supply chain of legal medications and increasing costs passed on to consumers.
Impact on Stakeholders
For the pharmaceutical industry, particularly manufacturers, this bill introduces stringent compliance requirements. Larger companies might absorb these costs more easily, but smaller manufacturers could face significant financial and operational challenges. This could lead to market consolidation, potentially reducing competition and innovation in drug manufacturing.
Law enforcement agencies and regulatory bodies like the FDA will need to allocate resources to enforce the bill's provisions effectively. This could enhance their capacity to tackle drug counterfeiting networks but may also require additional workforce and funding.
On the societal front, communities might benefit from reduced exposure to counterfeit medicines, particularly those in areas hard-hit by the opioid crisis. Nevertheless, there is also a need to balance strict enforcement with support mechanisms for manufacturers and ensure the provisions do not inadvertently disrupt the supply of legitimate medications.
Issues
The 20-year maximum imprisonment term for possession of pill press molds as described in Section 3 seems severe and could benefit from justification of why this length of sentence is appropriate compared to other related offenses.
The broad definition of 'pill press mold' in Sections 2 and 3 is extensive and may lead to over-regulation or unintended consequences by encompassing more devices than might be intended.
The coordination and information-sharing mandates between the Secretary and the Attorney General in Sections 2 and 3 lack detailed guidance on how these collaborations will be effectively achieved.
There are potential financial implications for manufacturers due to the requirement for pill press molds to bear unique serial numbers in Section 2, which may impose additional costs without provisions for supporting smaller manufacturers.
Section 3 mandates a penalty enhancement of not less than 2 offense levels, which might not be proportional to the actual severity of each case, potentially limiting judicial discretion.
The language in the bill might be overly complex, particularly in Section 3, potentially making it difficult for individuals not familiar with legal terminology to understand.
Sections 2 and 3 lack clear penalties or consequences for non-compliance with registration and serial number requirements, which may impact enforcement effectiveness.
The term 'counterfeit substance' used in Section 3 is not clearly defined within the bill, leading to potential confusion over whether this definition aligns with existing standards in the Controlled Substances Act.
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 first section of this act states that it can be referred to as the "Disrupt Fentanyl Pill Production Act".
2. FDA regulation of lawful use of pill press molds Read Opens in new tab
Summary AI
The text describes changes to the Federal Food, Drug, and Cosmetic Act, requiring that every pill press mold used to make drugs for interstate commerce have a unique serial number. It also mandates that manufacturers register these molds with the FDA and lays out rules for coordination between the Secretary of Health and Human Services and the Attorney General, with a final regulation to be established within a year and coming into effect two years after that.
524C. Pill press molds Read Opens in new tab
Summary AI
The section mandates that each pill press mold, used to make drugs for interstate commerce, must have a unique serial number and be registered with the Food and Drug Administration, including additional required information. It also defines "pill press mold" and emphasizes coordination between the Secretary and the Attorney General for regulation and information-sharing purposes.
3. Unlawful possession of pill press molds Read Opens in new tab
Summary AI
The section makes it illegal to possess equipment used for making fake pills, known as pill press molds, with the intention of producing counterfeit drugs, and it introduces a penalty of up to 20 years in prison. It also instructs the United States Sentencing Commission to review and increase penalties for those offenses by at least two levels if they involve pill press molds.