---
kind: "section"
citation: "21 U.S.C. § 828"
title: "21"
title_heading: "Food and Drugs"
number: "828"
heading: "Order forms"
release: "119-102"
url: "https://uscodex.org/usc/21/828"
units:
  - "Chapter 13 — Drug Abuse Prevention and Control"
  - "Subchapter I — Control and Enforcement"
  - "Part C — Registration of Manufacturers, Distributors, and Dispensers of Controlled Substances"
---

# §828. Order forms

- (a) **Unlawful distribution of controlled substances—** It shall be unlawful for any [person](/usc/21/379j–21.md?p=k-10) to [distribute](/usc/21/802.md?p=11) a [controlled substance](/usc/21/802.md?p=6) in schedule I or II to another except in pursuance of a written order of the [person](/usc/21/379j–21.md?p=k-10) to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with [subsection (d)](#d) and regulations prescribed by him pursuant to this section.
- (b) **Nonapplicability of provisions—** Nothing in [subsection (a)](#a) shall apply to—
  - (1) the exportation of such substances from the [United States](/usc/21/802.md?p=28) in conformity with subchapter II;
  - (2) the [delivery](/usc/21/802.md?p=8) of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the [distribution](/usc/21/360eee.md?p=5) by the owner of the substance to a third [person](/usc/21/379j–21.md?p=k-10), this paragraph shall not relieve the [distributor](/usc/21/802.md?p=11) from compliance with [subsection (a)](#a); or
  - (3) the [delivery](/usc/21/802.md?p=8) of such a substance for the purpose of disposal by an [ultimate user](/usc/21/802.md?p=27), long-term care [facility](/usc/21/350g.md?p=o-2), or other [person](/usc/21/379j–21.md?p=k-10) acting in accordance with [section 822(g) of this title](/usc/21/822.md?p=g).
- (c) **Preservation and availability—**
  - (1) Every [person](/usc/21/379j–21.md?p=k-10) who in pursuance of an order required under [subsection (a)](#a) [distributes](/usc/21/802.md?p=11) a [controlled substance](/usc/21/802.md?p=6) shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the [United States](/usc/21/802.md?p=28) duly [authorized](/usc/21/360eee–1.md?p=a-6) for that purpose by the Attorney General, and by officers or employees of [States](/usc/21/802.md?p=26) or their political subdivisions who are charged with the enforcement of [State](/usc/21/802.md?p=26) or local laws regulating the [production](/usc/21/802.md?p=22), or regulating the [distribution](/usc/21/360eee.md?p=5) or dispensing, of [controlled substances](/usc/21/802.md?p=6) and who are [authorized](/usc/21/360eee–1.md?p=a-6) under such laws to inspect such orders.
  - (2) Every [person](/usc/21/379j–21.md?p=k-10) who gives an order required under [subsection (a)](#a) shall, at or before the time of giving such order, make or cause to be made a duplicate thereof on a form to be issued by the Attorney General in blank in accordance with [subsection (d)](#d) and regulations prescribed by him pursuant to this section, and shall, if such order is accepted, preserve such duplicate for a period of two years and make it available for inspection and copying by the officers and employees mentioned in paragraph (1) of this subsection.
- (d) **Issuance—**
  - (1) The Attorney General shall issue forms pursuant to subsections [(a)](#a) and [(c)(2)](#c-2) only to [persons](/usc/21/379j–21.md?p=k-10) validly registered under [section 823 of this title](/usc/21/823.md) (or exempted from registration under [section 822(d) of this title](/usc/21/822.md?p=d)). Whenever any such form is issued to a [person](/usc/21/379j–21.md?p=k-10), the Attorney General shall, before [delivery](/usc/21/802.md?p=8) thereof, insert therein the name of such [person](/usc/21/379j–21.md?p=k-10), and it shall be unlawful for any other [person](/usc/21/379j–21.md?p=k-10) (A) to use such form for the purpose of obtaining [controlled substances](/usc/21/802.md?p=6) or (B) to furnish such form to any [person](/usc/21/379j–21.md?p=k-10) with intent thereby to procure the [distribution](/usc/21/360eee.md?p=5) of such substances.
  - (2) The Attorney General may charge reasonable fees for the issuance of such forms in such amounts as he may prescribe for the purpose of covering the cost to the [United States](/usc/21/802.md?p=28) of issuing such forms, and other necessary activities in connection therewith.
- (e) **Unlawful acts—** It shall be unlawful for any [person](/usc/21/379j–21.md?p=k-10) to obtain by means of order forms issued under this section [controlled substances](/usc/21/802.md?p=6) for any purpose other than their use, [distribution](/usc/21/360eee.md?p=5), dispensing, or administration in the conduct of a lawful business in such substances or in the course of his professional practice or research.

## Source credit

(Pub. L. 91–513, title II, § 308, Oct. 27, 1970, 84 Stat. 1259; Pub. L. 111–273, § 3(b), Oct. 12, 2010, 124 Stat. 2860.)

## Notes

### Editorial Notes

### References in Text

Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title.

### Amendments

2010—Subsec. (b)(3). Pub. L. 111–273 added par. (3).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title.