Code of Federal Regulations (alpha)

CFR /  Title 21  /  Part 1310  /  Sec. 1310.12 Exempt chemical mixtures.

(a) The chemical mixtures meeting the criteria in paragraphs (c) or (d) of this section are exempted by the Administrator from application of sections 302, 303, 310, 1007, 1008, and 1018 of the Act (21 U.S.C. 822, 823, 830, 957, 958, and 971) to the extent described in paragraphs (b) and (c) of this section.

(b) No exemption granted pursuant to this Sec. 1310.12 or Sec. 1310.13 affects the criminal liability for illegal possession, distribution, exportation, or importation of listed chemicals contained in the exempt chemical mixture or the civil liability for unlawful acts related to exempt chemical mixtures, including distribution in violation of 21 U.S.C. 842(a)(11).

(c) Mixtures containing a listed chemical in concentrations equal to or less than those specified in the ``Table of Concentration Limits'' are designated as exempt chemical mixtures for the purpose set forth in this section. The concentration is determined for liquid-liquid mixtures by using the volume or weight and for mixtures containing solids or gases by using the unit of weight.

Table of Concentration Limits----------------------------------------------------------------------------------------------------------------

DEA

chemical Concentration Special conditions

code number----------------------------------------------------------------------------------------------------------------

List I Chemicals----------------------------------------------------------------------------------------------------------------N-Acetylanthranilic acid, its salts and 8522 20% by Weight............. Concentration based on any

esters. combination of N-

acetylanthranilic acid and

its salts and esters.Anthranilic acid, and its salts and 8530 50% by Weight............. Concentration is based on any

esters. combination of anthranilic

acid and its salts and

esters.Benzaldehyde........................... 8256 50% by Weight or Volume...Benzyl cyanide......................... 8570 20% by Weight or Volume ..Ephedrine, its salts, optical isomers, 8113 Not exempt at any Chemical mixtures containing

and salts of optical isomers. concentration. any amount of ephedrine and/

or pseudoephedrine, and their

salts, optical isomers and

salts of optical isomers are

not exempt due to

concentration, unless

otherwise exempted.Ergocristine and its salts............. 8612 Not exempt at any Chemical mixtures containing

concentration. any amount of ergocristine

and its salts are not exempt.Ergonovine and its salts............... 8675 Not exempt at any Chemical mixtures containing

concentration. any amount of ergonovine,

including its salts, are not

exempt.Ergotamine and its salts............... 8676 Not exempt at any Chemical mixtures containing

concentration. amount of any ergotamine,

including its salts, are not

exempt.Ethylamine and its salts............... 8678 20% by Weight or Volume... Ethylamine or its salts in an

inert carrier solvent is not

considered a mixture.

Concentration is based on

ethylamine in the mixture and

not the combination of

ethylamine and carrier

solvent, if any.Gamma-Butyrolactone.................... 2011 70% by weight or volume.Hydriodic acid......................... 6695 20% by Weight or Volume...Hypophosphorous acid and its salts..... 6797 30% by weight if a solid, The weight is determined by

weight or volume if a measuring the mass of

liquid. hypophosphorous acid and its

salts in the mixture, the

concentration limit is

calculated by summing the

concentrations of all forms

of hypophosphorous acid and

its salts in the mixture. The

Administration does not

consider a chemical mixture

to mean the combination of a

listed chemical and an inert

carrier. Therefore, any

solution consisting of

hypophosphorous acid (and its

salts), dispersed in water,

alcohol, or another inert

carrier, is not considered a

chemical mixture and is

therefore subject to chemical

regulatory controls at all

concentrations.Iodine................................. 6699 2.2....................... Calculated as weight/volume (w/

v).Isosafrole............................. 8704 20% by Weight or Volume... Concentration in a mixture

cannot exceed 20% if taken

alone or in any combination

with safrole.Methylamine and its salts.............. 8520 20% by Weight............. Methylamine or its salts in an

inert carrier solvent is not

considered a mixture. Weight

is based on methylamine in

the mixture and not the

combined weight of carrier

solvent, if any.3,4-Methylenedioxyphenyl-2-propanone... 8502 20% by Weight.............N-Methylephedrine, its salts, optical 8115 0.1% by Weight............ Concentration based on any

isomers, and salts of optical isomers. combination of salts N-

methylephedrine, N-

methylpseudoephedrine and

their salts, optical isomers

and salts of optical isomers.N-Methylpseudoephedrine, its salts, 8119 0.1% by Weight............ Concentration based on any

optical isomers, and salts of optical combination of N-

isomers. methylpseudoephedrine, N-

methylephedrine, and their

salts, optical isomers and

salts of optical isomers.Nitroethane............................ 6724 20% by Weight or Volume...Norpseudoephedrine, its salts, optical 8317 0.6% by Weight............ Concentration based on any

isomers, and salts of optical isomers. combination of

norpseudoephedrine,

phenylpropanolamine and their

salts, optical isomers and

salts of optical isomers.N-phenethyl-4-piperidone (NPP)......... 8332 Not exempt at any Chemical mixtures containing

concentration. any amount of NPP are not

exempt.Phenylacetic acid, and its salts and 8791 40% by Weight............. Concentration is based on any

esters. combination of phenylacetic

acid and its salts and

esters.

Phenylpropanolamine, its salts, optical 1225 0.6% by Weight............ Concentration based on any

isomers, and salts of optical isomers. combination of

phenylpropanolamine,

norpseudoephedrine and their

salts, optical isomers and

salts of optical isomers.Piperidine, and its salts.............. 2704 20% by Weight or Volume... Concentration based on any

combination of piperidine and

its salts. Concentration

based on weight if a solid,

weight or volume if a liquid.Piperonal.............................. 8750 20% by Weight or Volume...Propionic anhydride.................... 8328 20% by Weight or Volume...Pseudoephedrine, its salts, optical 8112 Not exempt at any Chemical mixtures containing

isomers, and salts of optical isomers. concentration. any amount of ephedrine and/

or pseudoephedrine, and their

salts, optical isomers and

salts of optical isomers are

not exempt due to

concentration, unless

otherwise exempted.Red Phosphorus......................... 6795 80% by weight.Safrole................................ 8323 20% by Volume............. Concentration in a mixture

cannot exceed 20% if taken

alone or in any combination

with isosafrole.White phosphorus....................... 6796 Not exempt at any Chemical mixtures containing

concentration. any amount of white

phosphorus are not exempt due

to concentration, unless

otherwise exempted.

List II Chemicals----------------------------------------------------------------------------------------------------------------Acetic Anhydride....................... 8519 20% by Weight or Volume...Acetone................................ 6532 35% by Weight or Volume... Exports only; Limit applies to

acetone or any combination of

acetone, ethyl ether, 2-

butanone, methyl isobutyl

ketone, and toluene if

present in the mixture by

summing the concentrations

for each chemical.Benzyl chloride........................ 8568 20% by Weight or Volume...2-butanone............................. 6714 35% by Weight or Volume... Exports only; Limit applies to

2-butanone or any combination

of acetone, ethyl ether, 2-

butanone, methyl isobutyl

ketone, and toluene if

present in the mixture by

summing the concentrations

for each chemical.Ethyl ether............................ 6584 35% by Weight or Volume... Exports only; Limit applies to

ethyl ether or any

combination of acetone, ethyl

ether, 2-butanone, methyl

isobutyl ketone, and toluene

if present in the mixture by

summing the concentrations

for each chemical.Hydrochloric acid...................... 6545 20% by Weight or Volume... Hydrogen chloride in an inert

carrier solvent, such as

aqueous or alcoholic

solutions, is not considered

a mixture. Weight is based on

hydrogen chloride in the

mixture and not the combined

weight of the carrier

solvent, if any.Methyl isobutyl ketone................. 6715 35% by Weight or Volume... Exports only pursuant to Sec.

1310.08; Limit applies to

methyl isobutyl ketone or any

combination of acetone, ethyl

ether, 2-butanone, methyl

isobutyl ketone, and toluene

if present in the mixture by

summing the concentrations

for each chemical.Potassium permanganate................. 6579 15% by Weight.............Sodium Permanganate.................... 6588 15% by Weight.............Sulfuric acid.......................... 6552 20% by Weight or Volume... Sulfuric acid in an inert

carrier solvent, such as

aqueous or alcoholic

solutions, is not considered

a mixture. Weight is based on

sulfuric acid in the mixture

and not the combined weight

of the carrier solvent, if

any.Toluene................................ 594 35% by Weight or Volume... Exports only; Limit applies to

toluene or any combination of

acetone, ethyl ether, 2-

butanone, methyl isobutyl

ketone, and toluene if

present in the mixture by

summing the concentrations

for each chemical.----------------------------------------------------------------------------------------------------------------

(d) The following categories of chemical mixtures are automatically exempt from the provisions of the Controlled Substances Act as described in paragraph (a) of this section:

(1) Chemical mixtures that are distributed directly to an incinerator for destruction or directly to an authorized waste recycler or reprocessor where such distributions are documented on United States Environmental Protection Agency Form 8700-22; persons distributing the mixture to the incinerator or recycler must maintain and make available to agents of the Administration, upon request, such documentation for a period of no less than two years.

(2) Completely formulated paints and coatings: Completely formulated paints and coatings are only those formulations that contain all of the components of the paint or coating for use in the final application without the need to add any additional substances except a thinner if needed in certain cases. A completely formulated paint or coating is defined as any clear or pigmented liquid, liquefiable or mastic composition designed for application to a substrate in a thin layer that is converted to a clear or opaque solid protective, decorative, or functional adherent film after application. Included in this category are clear coats, top-coats, primers, varnishes, sealers, adhesives, lacquers, stains, shellacs, inks, temporary protective coatings and film-forming agents.

(3) Iodine products classified as iodophors that exist as an iodine complex to include poloxamer-iodine complex, polyvinyl pyrrolidone-iodine complex (i.e., povidone-iodine), undecoylium chloride iodine, nonylphenoxypoly (ethyleneoxy) ethanol-iodine complex, iodine complex with phosphate ester of alkylaryloxy polyethylene glycol, and iodine complex with ammonium ether sulfate/polyoxyethylene sorbitan monolaurate.

(4) Iodine products that consist of organically bound iodine (a non-ionic complex) (e.g., iopamidol, iohexol, and amiodarone.)

(e) The Administrator may, at any time, terminate or modify the exemption for any chemical mixture which has been granted an exemption pursuant to the concentration limits as specified in paragraph (c) of this section or pursuant to the category exemption as specified in paragraph (d) of this section. In terminating or modifying an exemption, the Administrator shall issue, and publish in the Federal Register, notification of the removal of an exemption for a product or group of products for which evidence of diversion has been found, as well as the date on which the termination of exemption shall take effect. The Administrator shall permit any interested party to file written comments on or objections to the order within 60 days of the date of publication of the order in the Federal Register. If any such comments or objections raise significant issues regarding any finding of fact or conclusion of law upon which the order is based, the Administrator shall immediately suspend the effectiveness of the order until he may reconsider the order in light of comments and objections filed. Thereafter, the Administrator shall reinstate, terminate, or amend the original order as determined appropriate.

(f) The Administrator may modify any part of the criteria for exemption as specified in paragraphs (c) and (d) of this section upon evidence of diversion or attempted diversion. In doing so, the Administrator shall issue and publish a Notice of Proposed Rulemaking in the Federal Register. The Administrator shall permit any interested persons to file written comments on or objections to the proposal. After considering any comments or objections filed, the Administrator shall publish in the Federal Register a final order. [68 FR 23204, May 1, 2003, as amended at 69 FR 74971, Dec. 15, 2004; 71 FR 60826, Oct. 17, 2006; 72 FR 20047, Apr. 23, 2007; 72 FR 35931, July 2, 2007; 72 FR 40745, July 25, 2007; 75 FR 37306, June 29, 2010; 76 FR 17781, Mar. 31, 2011; 76 FR 31830, June 2, 2011]