AMENDMENT TO THE FOOD. DRUG, AND COSMETIC ACT.

SEC. 1904. AMENDMENT TO THE FOOD. DRUG, AND COSMETIC ACT. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by inserting a new subsection (e) as follows: “(e) (1) Except as provided in paragraph (2), whoever knowingly distributes, or possesses with intent to distribute, human growth hormone for any use in humans other than the treatment of a disease or other recognized medical condition, where such use has been authorized by the Secretary of Health and Human Services under section 505 and pursuant to the order of a physician, is guilty of an offense punishable by not more than 5 years in prison, such fines as are authorized by title 18, United States Code, or both. “(2) Whoever commits any offense set forth in paragraph (1) and such offense involves an individual under 18 years of age is punishable by not more than 10 years imprisonment, such fines as are authorized by title 18, United States Code, or both. “(3) Any conviction for a violation of paragraphs (1) and (2) of this subsection shall be considered a felony violation of the Controlled Substances Act for the purposes of forfeiture under section 413 of such Act. “(4) As used in this subsection the term ‘human growth hormone’ means somatrem, somatropin, or an analogue of either of them. “(5) The Drug Enforcement Administration is authorized to investigate offenses punishable by this subsection.”.