PART 102-41—DISPOSITION OF
SEIZED, FORFEITED, VOLUNTARILY ABANDONED, AND UNCLAIMED PERSONAL PROPERTY
Subpart A—General
Provisions
102-41.5— What
does this part cover?
102-41.10— To
whom do “we”, “you”, and their variants refer?
102-41.15— How
do we request a deviation from these requirements and who can approve it?
Definitions
102-41.20— What
definitions apply to this part?
Responsibility
102-41.25— Who
retains custody and is responsible for the reporting, care, and handling of
property covered by this part?
102-41.30— What
is GSA’s role in the disposition of property covered by this part?
102-41.35— Do
we report to GSA all seized personal property subject to judicial forfeiture as
well as forfeited, voluntarily abandoned, or unclaimed personal property not
retained for official use?
Subpart B—Seized or
Forfeited Personal Property
102-41.40— How
is personal property forfeited?
102-41.45— May we place seized
personal property into official use before the forfeiture process is completed?
102-41.50— May we retain
forfeited personal property for official use?
102-41.55— Where
do we send the reports for seized or forfeited personal property?
102-41.60— Are
there special requirements in reporting seized or forfeited personal property
to GSA?
102-41.65— What
happens to forfeited personal property that is transferred or retained for
official use?
102-41.70— Are transfers of
forfeited personal property reimbursable?
102-41.75— May we retain the
proceeds from the sale of forfeited personal property?
Subpart C—Voluntarily
Abandoned Personal Property
102-41.80— When is personal
property voluntarily abandoned?
102-41.85— What
choices do I have for retaining or disposing of voluntarily abandoned personal property?
102-41.90— What
happens to voluntarily abandoned personal property retained for official use?
102-41.95— Where
do we send the reports for voluntarily abandoned personal property?
102-41.100— What
information do we provide when reporting voluntarily abandoned personal property
to GSA?
102-41.105— What
happens to voluntarily abandoned personal property when reported to GSA?
102-41.110— Are transfers of
voluntarily abandoned personal property reimbursable?
102-41.115— May we retain the
proceeds received from the sale of voluntarily abandoned personal property?
Subpart D—Unclaimed
Personal Property
102-41.120— How
long must we hold unclaimed personal property before disposition?
102-41.125— What
choices do I have for retaining or disposing of unclaimed personal property?
102-41.130— What
must we do when we retain unclaimed personal property for official use?
102-41.135— How much
reimbursement do we pay the former owner when he or she files a claim for unclaimed
personal property that we no longer have?
102-41.140— When do we report to
GSA unclaimed personal property not retained for official use?
102-41.145— Where
do we send the reports for unclaimed personal property?
102-41.150— What
special information do we provide on reports of unclaimed personal property?
102-41.155— Is
unclaimed personal property available for transfer to another Federal agency?
102-41.160— May we retain the
reimbursement from transfers of unclaimed personal property?
102-41.165— May we require
reimbursement for the costs incurred in the transfer of unclaimed personal
property?
102-41.170— Is
unclaimed personal property available for donation?
102-41.175— May we sell
unclaimed personal property?
102-41.180— May we retain the
proceeds from the sale of unclaimed personal property?
Subpart E—Personal Property
Requiring Special Handling
102-41.185— Are
there certain types of forfeited, voluntarily abandoned, or unclaimed
property that must be handled
differently than other property addressed in this part?
Firearms
102-41.190— May we retain
forfeited, voluntarily abandoned, or unclaimed firearms for
official use?
102-41.195— How
do we dispose of forfeited, voluntarily abandoned, or unclaimed firearms not retained
for official use?
102-41.200— Are
there special disposal provisions for firearms that are seized and forfeited
for a violation of the National Firearms Act?
Forfeited Distilled
Spirits, Wine, and Beer
102-41.205— Do
we report all forfeited distilled spirits, wine, and beer to GSA for disposal?
Drug Paraphernalia
102-41.210— What
are some examples of drug paraphernalia?
102-41.215— Do
we report to GSA all forfeited, voluntarily abandoned, or unclaimed drug paraphernalia
not required for official use?
102-41.220— Is
drug paraphernalia forfeited under 21 U.S.C. 863 available for transfer to
other Federal agencies or donation through a State Agency for Surplus Property
(SASP)?
102-41.225— Are
there special provisions to reporting and transferring drug paraphernalia
forfeited under 21 U.S.C. 863?
102-41.230— May SASPs pick up or store donated drug paraphernalia in their
distribution centers?
102-41.235— May we sell
forfeited drug paraphernalia?
Subpart A—General
Provisions
§102-41.5—What does this part cover?
(a) This part covers the
disposition of seized, forfeited, voluntarily abandoned, and unclaimed personal
property under the custody of any Federal agency located in the United States,
the U.S. Virgin Islands, American Samoa, Guam, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands,
and Palau. Disposition of such personal property located elsewhere must be in
accordance with holding agency regulations. Please see §102-36.380 of this
subchapter B regarding the disposal of foreign excess. The General Services Administration
(GSA) does not normally accept responsibility for disposal of property located
outside the
of seized, forfeited, voluntarily
abandoned, and unclaimed personal property that requires special handling (e.g., firearms, hazardous materials)
is contained in part 101-42 of this title. Additional guidance on the
disposition of firearms (as scrap only), distilled spirits, wine, beer, and
drug paraphernalia is provided in subpart E of this part.
(b) These regulations do not
include disposal of seized, forfeited, voluntarily abandoned, and unclaimed
personal property covered under authorities outside of the following statutes:
(1) 40 U.S.C. 552, Abandoned or
Unclaimed Property on Government Premises.
(2) 40 U.S.C. 1306, Disposition
of Abandoned or Forfeited Property.
(3) 26 U.S.C. 5688, Forfeited
Distilled Spirits, Wines, and Beer.
(4) 26 U.S.C. 5872, Forfeited
Firearms.
(5) 21 U.S.C. 863, Drug
Paraphernalia.
§102-41.10—To whom do “we”, “you”, and their variants refer?
Use of pronouns “we”, “you”, and
their variants throughout this part refer to the agency having custody of the
personal property.
§102-41.15—How do we request a deviation from these requirements and
who can approve it?
See §§102-2.60 through 102-2.110
of this chapter to request a deviation from the requirements of this part.
Definitions
§102-41.20—What definitions apply to this part?
The following definitions apply
to this part:
Beer means an alcoholic beverage made
from malted cereal grain, flavored with hops, and brewed by slow fermentation.
Distilled spirits, as defined in the Federal
Alcohol Administration Act (27 U.S.C. 211), means ethyl alcohol; hydrated oxide
of ethyl; or spirits of wine, whiskey, rum, brandy, gin, and other distilled
spirits, including all dilutions and mixtures thereof, for non-industrial use.
Drug paraphernalia means any equipment, product, or
material primarily intended or designed for use in manufacturing, compounding,
converting, concealing, processing, preparing, or introducing into the human
body a controlled substance in violation of the Controlled Substances Act (see 21
U.S.C. 863). It includes items primarily for use in injecting, ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil,
PCP, or amphetamines into the human body.
Eleemosynary institution means any nonprofit health or medical
institution that is organized and operated for charitable purposes.
Firearms means any weapon, silencer, or
destructive device designed to, or readily convertible to, expel a projectile by
the action of an explosive, as defined in the Internal Revenue Code (26 U.S.C.
5845). Excludes antique firearms as defined in 26 U.S.C. 5845(g).
Forfeited property means personal property that the
Government has acquired ownership of through a summary process or court order
pursuant to any law of the
Seized property means personal property that has
been confiscated by a Federal agency, and whose care and handling will be the
responsibility of the agency until final ownership is determined by the
judicial process.
Unclaimed property means personal property
unknowingly abandoned and found on premises owned or leased by the Government,
i.e., lost and found property.
Voluntarily abandoned
property means
personal property abandoned to any Federal agency in a way that immediately vests
title to the property in the Government. There must be written or
circumstantial evidence that the property was intentionally and voluntarily
abandoned. This evidence should be clear that the property was not simply lost
by the owner.
Wine means the fermented juice of a
plant product, as defined in 27 U.S.C. 211.
Responsibility
§102-41.25—Who retains custody and is responsible for the reporting,
care, and handling of property covered by this part?
You, the holding agency,
normally retain physical custody of the property and are responsible for its
care and handling pending final disposition. With the exception of property listed
in §102-41.35, you must report promptly to the GSA forfeited, voluntarily
abandoned, or unclaimed personal property not being retained for official use
and seized property on which proceedings for forfeiture by court decree are
being started or have begun. In general, the procedures for reporting such
property parallel those for reporting excess personal property under part
102-36 of this subchapter B.
§102-41.30—What is GSA’s role in the disposition of property covered by
this part?
(a) Seized property
subject to court proceedings for forfeiture.
(1) If the seizing agency files
a request for the property for its official use, the GSA Region 3/National
Capital Region will apply to the court for an order to turn the property over to
the agency should forfeiture be decreed. If no such request has been filed, GSA
will determine whether retention of the property for Federal official use is in
the Government's best interest, and, if so, will apply to the court to order
delivery of the property to—
(i)
Any other Federal agency that requests it; or
(ii) (The seizing agency to be
retained for a reasonable time in case the property may later become necessary
to any agency for official use.
(2) In the event that the
property is not ordered by competent authority to be forfeited to the
(b) Forfeited, voluntarily
abandoned, or unclaimed property.
When forfeited, voluntarily
abandoned, or unclaimed property is reported to GSA for disposal, GSA will
direct its disposition by—
(1) Transfer to another Federal
agency;
(2) Donation to an eligible
recipient, if the property is not needed by a Federal agency and there are no
requirements for reimbursement to satisfy the claims of owners, lien holders, or
other lawful claimants;
(3)
(4) Abandonment and destruction
in accordance with §102-36.305 of this subchapter B.
§102-41.35—Do we report to GSA all seized personal property subject to
judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed personal
property not retained for official use?
Yes, send GSA reports of excess
(see §102-36.125 of this subchapter B) for all seized personal property subject
to judicial forfeiture as well as forfeited, voluntarily abandoned, or unclaimed
personal property not required for official use, except the following, whose
disposition is covered under other statutes and authorities:
(a) Forfeited firearms or
munitions of war seized by the Department of Commerce and transferred to the
Department of Defense (DOD) pursuant to 22 U.S.C 401.
(b) Forfeited firearms directly
transferable to DOD by law.
(c) Seeds, plants, or misbranded
packages seized by the Department of Agriculture.
(d) Game animals and equipment
(other than vessels, including cargo) seized by the Department of the Interior.
(e) Files of papers and
undeliverable mail in the custody of the United States Postal Service.
(f) Articles in the custody of
the Department of Commerce Patent and Trademark Office that are in violation of
laws governing trademarks or patents.
(g) Unclaimed and voluntarily
abandoned personal property subject to laws and regulations of the U.S. Customs
and Border Protection, Department of Homeland Security.
(h) Property seized in payment
of or as security for debts arising under the internal revenue laws.
(i)
Lost, abandoned, or unclaimed personal property the Coast Guard or the military
services are authorized to dispose of under 10 U.S.C. 2575.
(j) Property of deceased
veterans left on a Government facility subject to 38 U.S.C. 8501.
(k) Controlled substances
reportable to the Drug Enforcement Administration, Department of Justice,
(l) Forfeited, condemned, or
voluntarily abandoned tobacco, snuff, cigars, or cigarettes which, if offered
for sale, will not bring a price equal to the internal revenue tax due and payable thereon; and which is
subject to destruction or delivery without payment of any tax to any hospital
maintained by the Federal Government for the use of present or former members of
the military.
(m) Property determined
appropriate for abandonment/destruction (see §102-36.305 of this subchapter B).
(n) Personal property where
handling and disposal is governed by specific legislative authority
notwithstanding Title 40 of the United States Code.
Subpart B—Seized or
Forfeited Personal Property
§102-41.40—How is personal property forfeited?
Personal property that has been
seized by a Federal agency may be forfeited through court decree (judicial
forfeiture) or administratively forfeited if the agency has specific authority without
going through the courts.
§102-41.45—May we place
seized personal property into official use before the forfeiture process is
completed?
No, property under seizure and
pending forfeiture cannot be placed into official use until a final
determination is made to vest title in the Government.
§102-41.50—May we retain
forfeited personal property for official use?
Yes, you may retain for official
use personal property forfeited to your agency, except for property you are
required by law to sell. Retention of large sedans and limousines for official use
is only authorized under the provisions of part 102-34 of this subchapter B.
Except for the items noted in §102-41.35, report to GSA all forfeited personal
property not being retained for official use.
§102-41.55—Where do we send the reports for seized or forfeited
personal property?
(a) Except for the items noted
in paragraph (b) of this section, report seized or forfeited personal property
not retained for official use to the General Services Administration, Property Management
Branch (3FPD),
(b) Report aircraft, firearms,
and vessels to the regional GSA Property Management Branch office specified in §102-36.125
of this subchapter B.
§102-41.60—Are there special requirements in reporting seized or
forfeited personal property to GSA?
Yes, in addition to the
information required in §102-36.235 of this subchapter B for reporting excess,
you must indicate—
(a) Whether the property—
(1) Was forfeited in a judicial
proceeding or administratively (without going through a court);
(2) Is subject to pending court
proceedings for forfeiture, and, if so, the name of the defendant, the place
and judicial district of the court from which the decree will be issued, and
whether you wish to retain the property for official use;
(b) The report or case number
under which the property is listed; and
(c) The existence or probability
of a lien, or other accrued or accruing charges, and the amount involved.
§102-41.65—What happens to forfeited personal property that is
transferred or retained for official use?
Except for drug paraphernalia
(see §§102-41.210 through 102-41.235), forfeited personal property retained for
official use or transferred to another Federal agency under this subpart loses
its identity as forfeited property. When no longer required for official use,
you must report it to GSA as excess for disposal in accordance with part 102-36
of this subchapter B. You must follow the additional provisions of subpart E of
this part and part 101-42 of Chapter 101, Federal Property Management
Regulations in this title when disposing of firearms, distilled spirits, wine,
beer, and drug paraphernalia.
§102-41.70—Are transfers of
forfeited personal property reimbursable?
Recipient agencies do not pay
for the property. However, you may charge the recipient agency all costs you
incurred in storing, packing, loading, preparing for shipment, and transporting
the property. If there are commercial charges incident to forfeiture prior to
the transfer, the recipient agency must pay these charges when billed by the
commercial organization. Any payment due to lien holders or other lawful
claimants under a judicial forfeiture must be made in accordance with
provisions of the court decree.
§102-41.75—May we retain
the proceeds from the sale of forfeited personal property?
No, you must deposit the sales
proceeds in the U.S. Treasury as miscellaneous receipts, unless otherwise
directed by court decree or specifically authorized by statute.
Subpart C—Voluntarily
Abandoned Personal Property
§102-41.80—When is personal
property voluntarily abandoned?
Personal property is voluntarily
abandoned when the owner of the property intentionally and voluntarily gives up
title to such property and title vests in the Government. The receiving agency ordinarily documents
receipt of the property to evidence its voluntary relinquishment. Evidence of
the voluntary abandonment may be circumstantial.
§102-41.85—What choices do I have for retaining or disposing of
voluntarily abandoned personal property?
You may either retain or dispose
of voluntarily abandoned personal property based on the following
circumstances:
(a) If your agency has a need
for the property, you may retain it for official use, except for large sedans
and limousines which may only be retained for official use as authorized under part 102-34 of this subchapter
B. See §102-41.90 for how retained property must be handled.
(b) If your agency doesn't need
the property, you should determine whether it may be abandoned or destroyed in accordance
with the provisions at FMR 102-36.305 through 102-36.330. Furthermore, in
addition to the circumstances when property may be abandoned or destroyed
without public notice at FMR 102-36.330, voluntarily abandoned property may
also be abandoned or destroyed without public notice when the estimated resale
value of the property is less than $500.
(c) If the property is not retained for
official use or abandoned or destroyed, you must report it to GSA as excess in accordance
with §102-41.95.
§102-41.90—What happens to voluntarily abandoned personal property
retained for official use?
Voluntarily abandoned personal
property retained for official use or transferred to another Federal agency
under this subpart loses its identity as voluntarily abandoned property. When
no longer required for official use, you must report it to GSA as excess, or
abandon/destroy the property, in accordance with part 102-36 of this subchapter
B.
§102-41.95—Where do we send the reports for voluntarily abandoned
personal property?
Except for aircraft, firearms,
and vessels, report voluntarily abandoned personal property to the regional GSA
Property Management Branch office for the region in which the property is
located. Report aircraft, firearms, and vessels to the regional GSA Property
Management Branch office specified in §102-36.125 of this subchapter B.
§102-41.100—What information do we provide when reporting voluntarily
abandoned personal property to GSA?
When reporting voluntarily
abandoned personal property to GSA, you must provide a description and location
of the property, and annotate that the property was voluntarily abandoned.
§102-41.105—What happens to voluntarily abandoned personal property when
reported to GSA?
Voluntarily abandoned personal
property reported to GSA will be made available for transfer, donation, sale,
or abandonment/destruction in accordance with parts 102-36, 102-37, 102-38, and §§102-36.305
through 102-36.330 of this subchapter B, respectively. You must follow the
additional provisions of §§102-41.190 through 102-41.235 and part 101-42 of
Chapter 101, Federal Property Management Regulations in this title when
disposing of firearms and other property requiring special handling.
§102-41.110—Are transfers
of voluntarily abandoned personal property reimbursable?
No, all transfers of voluntarily
abandoned personal property will be without reimbursement. However, you may charge
the recipient agency all costs you incurred in storing, packing, loading,
preparing for shipment, and transporting the property.
§102-41.115—May we retain
the proceeds received from the sale of voluntarily abandoned personal property?
No, you must deposit the sales
proceeds in the U.S. Treasury as miscellaneous receipts unless your agency has
specific statutory authority to do otherwise.
Subpart D—Unclaimed
Personal Property
§102-41.120—How long must we hold unclaimed personal property before
disposition?
You must generally hold
unclaimed personal property for 30 calendar days from the date it was found.
Unless the previous owner files a claim, title to the property vests in the Government after 30 days, and
you may retain or dispose of the property in accordance with this part.
However, see the following sections for handling of unclaimed personal property
under specific circumstances.
§102-41.125—What choices do I have for retaining or disposing of
unclaimed personal property?
You may either retain or dispose
of unclaimed abandoned personal property based on the following circumstances:
(a) If your agency has a need
for the property, you may retain it for official use if you have held the
unclaimed property for 30 calendar days and the former owner has not filed a
claim. After 30 days, title vests in the Government and you may retain the
unclaimed property for official use. Large sedans and limousines which may only
be retained for official use as authorized under part 102-34 of this subchapter
B. See §102-41.130 for how retained property must be handled.
(b) If your agency doesn't need
the property, you should determine whether it may be immediately abandoned or destroyed
in accordance with the provisions at FMR 102-36.305 through 102-36.330. You are
not required to hold unclaimed property for 30 days, if you decide to abandon or
destroy it. Title to the property immediately vests in the Government in
these circumstances.
In addition to the circumstances when property may be abandoned or destroyed without
public notice at FMR 102-36.330, unclaimed personal property may also be abandoned or
destroyed without public notice when the estimated resale value of the property
is less than $500. See §102-41.135 for procedures to be followed if a claim is
filed.
(c) If the property is not
retained for official use or abandoned or destroyed, you must report it to GSA
as excess in accordance with §102-41.140.
§102-41.130—What must we do when we retain unclaimed personal property
for official use?
(a) You must maintain records of
unclaimed personal property retained for official use for 3 years after title
vests in the Government to permit identification of the property should the former owner file a claim
for the property. You must also deposit funds received from disposal of such
property in a special account to cover any valid claim filed within this 3-year
period.
(b) When you no longer need the
unclaimed property which you have placed in official use, report it as excess
in the same manner as other excess property under part 102-36 of
this subchapter B.
§102-41.135—How much
reimbursement do we pay the former owner when he or she files a claim for unclaimed
personal property that we no longer have?
If the property was sold,
reimbursement of the property to the former owner must not exceed any proceeds
from the disposal of such property, less the costs of the Government's care and
handling of the property. If the property was abandoned or destroyed in
accordance with §102-41.125, or otherwise used or transferred, reimbursement of
the property to the former owner must not exceed the estimated resale value of the
property at the time of the vesting of the property with the Government, less
costs incident to the care and handling of the property, as determined by the
General Services Administration, Office of Travel, Transportation, and Asset
Management (MT), Washington DC, 20405
§102-41.140—When do we
report to GSA unclaimed personal property not retained for official use?
After you have held the property
for 30 calendar days and no one has filed a claim for it, the title to the
property vests in the Government. If you decide not to retain the property for official
use, report it as excess to GSA in accordance with part 102-36 of this
subchapter B.
§102-41.145—Where do we send the reports for unclaimed personal
property?
Except for the items noted in
§102-36.125 of this subchapter B, report unclaimed personal property to the regional
GSA Property Management Branch office for the region in which the property is
located.
§102-41.150—What special information do we provide on reports of
unclaimed personal property?
On reports of unclaimed personal
property, you must provide the report or case number assigned by your agency,
property description and location, and indicate the property as unclaimed and the estimated fair market
value.
§102-41.155—Is unclaimed personal property available for transfer to
another Federal agency?
Yes, unclaimed personal property
is available for transfer to another Federal agency, but only after 30 calendar
days from the date of finding such property and no claim has been filed by the former owner, and with
fair market value reimbursement from the recipient agency. The transferred
property then loses its identity as unclaimed property and becomes property of
the Government, and when no longer needed it must be reported excess in
accordance with part 102-36 of this subchapter B.
§102-41.160—May we retain
the reimbursement from transfers of unclaimed personal property?
No, you must deposit the
reimbursement from transfers of unclaimed personal property in a special
account for a period of 3 years pending a claim from the former owner. After 3 years, you must deposit these funds
into miscellaneous receipts of the U.S. Treasury unless your agency has
statutory authority to do otherwise.
§102-41.165—May we require
reimbursement for the costs incurred in the transfer of unclaimed personal property?
Yes, you may require
reimbursement from the recipient agency of any direct costs you incur in the
transfer of the unclaimed property (e.g., storage, packing, preparation for shipping, loading, and
transportation).
§102-41.170—Is unclaimed personal property available for donation?
No, unclaimed personal property
is not available for donation because reimbursement at fair market value is
required.
§102-41.175—May we sell
unclaimed personal property?
Yes, you may sell unclaimed
personal property after title vests in the Government (as provided for in
§102-41.120) and when there is no Federal interest. You may sell unclaimed
personal property subject to the same terms and conditions as applicable to
surplus personal property and in accordance with part 102-38 of this subchapter
B.
§102-41.180—May we retain
the proceeds from the sale of unclaimed personal property?
No, you must deposit proceeds
from the sale of unclaimed personal property in a special account to be
maintained for a period of 3 years pending a possible claim by the former owner. After the 3-year period, you
must deposit the funds in the U.S. Treasury as miscellaneous receipts or in
such other agency accounts when specifically authorized by statute.
Subpart E—Personal Property
Requiring
Special Handling
§102-41.185—Are there certain types of forfeited, voluntarily abandoned,
or unclaimed property that must be handled differently than other property addressed
in this part?
Yes, you must comply with the
additional provisions in this subpart when disposing of the types of property
listed here.
Firearms
§102-41.190—May we retain
forfeited, voluntarily abandoned, or unclaimed firearms for official use?
Generally, no; you may retain
forfeited, voluntarily abandoned, or unclaimed firearms only when you are
statutorily authorized to use firearms for official purposes.
§102-41.195—How do we dispose of forfeited, voluntarily abandoned, or
unclaimed firearms not retained for official use?
Report forfeited, voluntarily
abandoned, or unclaimed firearms not retained for official use to the General
Services Administration, Property Management Branch (7FP–8), Denver, CO
80225–0506 for disposal in accordance with §101-42.1102-10 of the Federal
Property Management Regulations in this title.
§102-41.200—Are there special disposal provisions for firearms that are
seized and forfeited for a violation of the National Firearms Act?
Yes, firearms seized and
forfeited for a violation of the National Firearms Act (26 U.S.C. 5801–5872)
are subject to the disposal provisions of 26 U.S.C. 5872(b). When there is no
contrary judgment or action under such forfeiture, GSA will direct the
disposition of the firearms. GSA may—
(a) Authorize retention for
official use by the Treasury Department;
(b) Transfer to an executive
agency for use by it; or
(c) Order the firearms
destroyed.
Forfeited Distilled
Spirits, Wine, and Beer §102-41.205—Do we report all forfeited distilled
spirits, wine, and beer to GSA for disposal?
(a) Yes, except do not report
distilled spirits, wine, and beer not fit for human consumption or for
medicinal, scientific, or mechanical purposes. When reporting, indicate
quantities and kinds, proof rating, and condition for shipping. GSA (3FPD) may
transfer such property to another Federal agency for official purposes, or
donate it to eligible eleemosynary institutions for medicinal purposes only.
(b) Forfeited distilled spirits,
wine, and beer that are not retained for official use by the seizing agency or
transferred or donated to eligible recipients by GSA must be destroyed.
You must document the
destruction with a record of the time and location, property description, and
quantities destroyed.
Drug Paraphernalia
§102-41.210—What are some examples of drug paraphernalia?
Some examples of drug
paraphernalia are—
(a) Metal, wooden, acrylic,
glass, stone, plastic or ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and
devices;
(d) Smoking and carburetion
masks;
(e) Roach clips (objects used to
hold burning material, such as a marijuana cigarette, that has become too small
or too short to be held in the hand);
(f) Miniature spoons with level
capacities of one-tenth cubic centimeter or less;
(g) Chamber pipes;
(h) Carburetor pipes;
(i)
Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(l) Bongs;
(m) Ice pipes or chillers;
(n) Wired cigarette papers; or
(o) Cocaine freebase
kits.
§102-41.215—Do we report to GSA all forfeited, voluntarily abandoned, or
unclaimed drug paraphernalia not required for official use?
No, only report drug
paraphernalia that has been seized and forfeited for a violation of 21 U.S.C.
863. Unless statutorily authorized to do otherwise, destroy all other
forfeited, voluntarily abandoned, or unclaimed drug
paraphernalia. You must ensure the destruction is performed in the presence of two
witnesses (employees of your agency), and retain in your records a signed
certification of destruction.
§102-41.220—Is drug paraphernalia forfeited under 21 U.S.C. 863
available for transfer to other Federal agencies or donation through a State
Agency for Surplus Property (SASP)?
Yes, but GSA will only transfer
or donate forfeited drug paraphernalia for law enforcement or educational
purposes and only for use by Federal, State, or local authorities. Federal or
State Agencies for Surplus Property (SASP) requests for such items must be processed
through the General Services Administration, Property Management Branch (3FPD),
§102-41.225—Are there special provisions to reporting and transferring
drug paraphernalia forfeited under 21 U.S.C. 863?
Yes, you must ensure that such
drug paraphernalia does not lose its identity as forfeited property. Reports of
excess and transfer documents for such drug paraphernalia must include the
annotation that the property was seized and forfeited under
21 U.S.C. 863.
§102-41.230—May SASPs pick up or store donated drug paraphernalia in their
distribution centers?
No, you must release donated
drug paraphernalia directly to the donee as
designated on the transfer document.
§102-41.235—May we sell
forfeited drug paraphernalia?
No, you must destroy any
forfeited drug paraphernalia not needed for transfer or donation and document
the destruction as specified in §102-41.215.