H.R. 1259House111th Congress (2009-2011)Passed House

Dextromethorphan Distribution Act of 2009

Sponsored by Fred UptonRep. Fred Upton (R-MI)
Introduced March 3, 2009

Legislative Activity

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16 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

April 1, 2009

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HouseIntro Referral

Introduced in House

March 3, 2009

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

March 3, 2009

HouseCommittee

Referred to the Subcommittee on Health.

March 3, 2009

HouseCommittee

Subcommittee on Health Discharged.

March 4, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 4, 2009

HouseCommittee

Ordered to be Reported by Voice Vote.

March 4, 2009

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 111-49.

March 24, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 19.

March 24, 2009

HouseFloor

Mr. Pallone moved to suspend the rules and pass the bill.

March 30, 2009 • 3:46 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4086-4087)

March 30, 2009 • 3:46 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1259.

March 30, 2009 • 3:46 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

March 30, 2009 • 3:52 PM

HouseFloor

Considered as unfinished business. (consideration: CR H4144)

March 31, 2009 • 1:35 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407 - 8 (Roll no. 167).(text: CR 3/30/2009 H4086)

March 31, 2009 • 1:43 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 407 - 8 (Roll no. 167). (text: CR 3/30/2009 H4086)

March 31, 2009 • 1:43 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

March 31, 2009 • 1:43 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

April 1, 2009

Floor Debate

7 members

What members said about H.R. 1259 on the floor

4 Republicans3 Democrats
Fred Upton
Rep. Fred UptonR-MI-6 · Mar 30, 2009

Mr. Speaker, I too rise in strong support of this legislation, the Dextromethorphan Distribution Act of 2009, which I introduced to restrict the distribution of this product to entities registered…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Mar 31, 2009

Mr. Speaker, today, March 31st, I was detained in my district and therefore missed the 9 rollcall votes of the day. Had I been present I would have voted ``yea'' on rollcall vote No. 166 on Agreeing…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Mar 30, 2009

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1259) to amend the Federal Food, Drug, and Cosmetic Act with respect to the distribution of the drug dextromethorphan, and for other…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Mar 30, 2009

Mr. Speaker, I rise in favor of H.R. 1259, and I would like to thank Mr. Upton of Michigan and Mr. Larsen of Washington for their work on this important legislation. Dextromethorphan, or DXM as it is…

Pete Olson
Rep. Pete OlsonR-TX-22 · Mar 31, 2009

Mr. Speaker, I was unavoidably detained. If I had been present I would have voted ``yea.''

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Gene Green
Rep. Gene GreenD-TX-29 · Mar 31, 2009

Mr. Speaker, on rollcall No. 167, had I been present, I would have voted ``yea.''

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Mar 30, 2009

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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Referred in SenateIssued April 1, 2009

IIB

111th CONGRESS

1st Session

H. R. 1259

IN THE SENATE OF THE UNITED STATES

April 1, 2009

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To amend the Federal Food, Drug, and Cosmetic Act with respect to the distribution of the drug dextromethorphan, and for other purposes.

1.

Short title

This Act may be cited as the Dextromethorphan Distribution Act of 2009.

2.

Restrictions on distribution of bulk dextromethorphan

The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended—

(1)

in section 501, by inserting at the end the following:

(j)

If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506D.

; and

(2)

by inserting after section 506C the following:

506D.

Restrictions on distribution of bulk dextromethorphan

(a)

Restrictions

No person shall—

(1)

possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or

(2)

distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients.

(b)

Exception for common carriers

This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved.

(c)

Definitions

In this section:

(1)

The term common carrier means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States.

(2)

The term unfinished dextromethorphan means dextromethorphan that is not contained in a drug that is in finished dosage form.

.

Passed the House of Representatives March 31, 2009.

Lorraine C. Miller,

Clerk.