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Title 21 — Food and DrugsRelease 119-73not60

§2354 Penalties; Waivers; Exceptions

Title 21 › Chapter 28A— FENTANYL ERADICATION AND NARCOTICS DETERRENCE OFF FENTANYL › Subchapter I— SANCTIONS IN RESPONSE TO NATIONAL EMERGENCY RELATING TO FENTANYL TRAFFICKING › § 2354

Last updated Apr 5, 2026|Official source

Summary

If someone breaks, tries to break, plans to break, or causes others to break the rules in this part, they face the same penalties listed in subsections (b) and (c) of section 1705 of title 50. The President can waive those sanctions for a foreign person if the President decides the waiver is in the national security interest of the United States. The rules here do not apply to activities that must be reported under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or to authorized U.S. intelligence activities. The rules also do not apply to admitting or paroling an alien when needed to follow the Agreement regarding the Headquarters of the United Nations (signed June 26, 1947; in force November 21, 1947) or to assist U.S. law enforcement. The President may not impose sanctions for transactions that sell agricultural commodities, food, medicine, medical devices, or for providing humanitarian assistance.

Full Legal Text

Title 21, §2354

Food and Drugs — Source: USLM XML via OLRC

(a)Any person that violates, attempts to violate, conspires to violate, or causes a violation of this subchapter or any regulation, license, or order issued to carry out this subchapter shall be subject to the penalties set forth in subsections (b) and (c) of section 1705 of title 50 to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(b)The President may waive the application of sanctions under this subchapter with respect to a foreign person if the President determines that such waiver is in the national security interest of the United States.
(c)(1)This subchapter shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
(2)Sanctions under this subchapter shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(A)to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or
(B)to carry out or assist law enforcement activity of the United States.
(3)The President may not impose sanctions under this subchapter with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (c)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Reference

Citations & Metadata

Citation

21 U.S.C. § 2354

Title 21 — Food and Drugs

Last Updated

Apr 5, 2026

Release point: 119-73not60