(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 §1310.12 or §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 code number | Concentration | Special conditions | |
|---|---|---|---|
| List I Chemicals | |||
| N-Acetylanthranilic acid, its salts and esters | 8522 | 20% by Weight | Concentration based on any combination of N-acetylanthranilic acid and its salts and esters. |
| Alpha-phenylacetoacetonitrile, and its salts, optical isomers, and salts of optical isomers. (APAAN) | 8512 | Not exempt at any concentration | Chemical mixtures containing any amount of APAAN are not exempt. |
| Anthranilic acid, and its salts and esters | 8530 | 50% by Weight | Concentration is based on any combination of anthranilic acid and its salts and esters. |
| Benzaldehyde | 8256 | 50% by Weight or Volume | |
| Benzyl cyanide | 8570 | 20% by Weight or Volume | |
| N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide (benzylfentanyl), including its salts | 8334 | Not exempt at any concentration | Chemical mixtures containing any amount of benzylfentanyl are not exempt. |
| Ephedrine, its salts, optical isomers, and salts of optical isomers | 8113 | Not exempt at any concentration | Chemical mixtures containing 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 concentration | Chemical mixtures containing any amount of ergocristine and its salts are not exempt. |
| Ergonovine and its salts | 8675 | Not exempt at any concentration | Chemical mixtures containing any amount of ergonovine, including its salts, are not exempt. |
| Ergotamine and its salts | 8676 | Not exempt at any concentration | Chemical mixtures containing 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, weight or volume if a liquid | The weight is determined by measuring the mass of 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 isomers, and salts of optical isomers | 8115 | 0.1% by Weight | Concentration based on any combination of salts N-methylephedrine, N-methylpseudoephedrine and their salts, optical isomers and salts of optical isomers. |
| N-Methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers | 8119 | 0.1% by Weight | Concentration based on any combination of N-methylpseudoephedrine, N-methylephedrine, and their salts, optical isomers and salts of optical isomers. |
| Nitroethane | 6724 | 20% by Weight or Volume | |
| Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers | 8317 | 0.6% by Weight | Concentration based on any combination of norpseudoephedrine, phenylpropanolamine and their salts, optical isomers and salts of optical isomers. |
| N-phenylpiperidin-4-amine (4-anilinopiperidine; N-phenyl-4-piperidinamine; 4-AP), including its amides, its carbamates, and its salts | 8335 | Not exempt at any concentration | Chemical mixtures containing any amount of 4-anilinopiperidine are not exempt. |
| N-phenethyl-4-piperidone (NPP) | 8332 | Not exempt at any concentration | Chemical mixtures containing any amount of NPP are not exempt. |
| Phenylacetic acid, and its salts and esters | 8791 | 40% by Weight | Concentration is based on any combination of phenylacetic acid and its salts and esters. |
| Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers | 1225 | 0.6% by Weight | Concentration based on any 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 isomers, and salts of optical isomers | 8112 | Not exempt at any concentration | Chemical mixtures containing 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 concentration | Chemical mixtures containing 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 §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; 82 FR 32460, July 14, 2017; 85 FR 20828, Apr. 15, 2020]
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