View all text of Part 1310 [§ 1310.01 - § 1310.21]

§ 1310.04 - Maintenance of records.

(a) Every record required to be kept subject to § 1310.03 for a List I chemical, a tableting machine, or an encapsulating machine shall be kept by the regulated person for 2 years after the date of the transaction.

(b) Every record required to be kept subject to Section 1310.03 for List II chemical shall be kept by the regulated person for two years after the date of the transaction.

(c) A record under this section shall be kept at the regulated person's place of business where the transaction occurred, except that records may be kept at a single, central location of the regulated person if the regulated person has notified the Administration of the intention to do so. Written notification must be submitted by registered or certified mail, return receipt requested, to the Special Agent in Charge of the DEA Divisional Office for the area in which the records are required to be kept.

(d) The records required to be kept under this section shall be readily retrievable and available for inspection and copying by authorized employees of the Administration under the provisions of 21 U.S.C. 880.

(e) The regulated person with more than one place of business where records are required to be kept shall devise a system to detect any party purchasing from several individual locations of the regulated person thereby seeking to avoid the application of the cumulative threshold or evading the requirements of the Act.

(f) For those listed chemicals for which thresholds have been established, the quantitative threshold or the cumulative amount for multiple transactions within a calendar month, to be utilized in determining whether a receipt, sale, importation or exportation is a regulated transaction is as follows:

(1) List I chemicals:

(i) Except as provided in paragraph (f)(1)(ii) of this section, the following thresholds have been established for List I chemicals.

Code Chemical Threshold by base weight 8522N-Acetylanthranilic acid, its esters, and its salts40 kilograms. 8530Anthranilic acid, its esters, and its salts30 kilograms. 8256Benzaldehyde4 kilograms. 8735Benzyl cyanide1 kilogram. 8675Ergonovine and its salts10 grams. 8676Ergotamine and its salts20 grams. 8678Ethylamine and its salts1 kilogram. 6695Hydriodic acid1.7 kilograms (or 1 liter by volume). 8704Isosafrole4 kilograms. 8520Methylamine and its salts1 kilogram. 85023,4–Methylenedioxyphenyl-2-propanone4 kilograms. 8115N–Methylephedrine, its salts, optical isomers, and salts of optical isomers1 kilogram. 8119N–Methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers1 kilogram. 6724Nitroethane2.5 kilograms. 8317Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers2.5 kilograms. 8791Phenylacetic acid, its esters, and its salts1 kilogram. 2704Piperidine and its salts500 grams. 8750Piperonal (also called heliotropine)4 kilograms. 8328Propionic anhydride1 gram. 8323Safrole4 kilograms.

(ii) For List I chemicals that are contained in scheduled listed chemical products as defined in § 1300.02 of this chapter, the thresholds established in paragraph (g) of this section apply only to non-retail distribution, import, and export. Sales of these products at retail are subject to the requirements of part 1314 of this chapter.

(2) List II Chemicals:

(i) Imports and Exports

Chemical Threshold by volume Threshold by weight (A) Acetic anhydride250 gallons1,023 kilograms. (B) Acetone500 gallons1,500 kilograms. (C) Benzyl chlorideN/A4 kilograms. (D) Ethyl ether500 gallons1,364 kilograms. (E) Potassium permanganateN/A500 kilograms. (F) 2-Butanone (MEK)500 gallons1,455 kilograms. (G) Toluene500 gallons1,591 kilograms. (H) Sodium permanganateN/A500 kilograms

(ii) Domestic Sales

Chemical Threshold by volume Threshold by weight (A) Acetic anhydride250 gallons1,023 kilograms. (B) Acetone50 gallons150 kilograms. (C) Benzyl chlorideN/A1 kilogram. (D) Ethyl ether50 gallons135.8 kilograms. (E) Potassium permanganateN/A55 kilograms. (F) 2-Butanone (MEK)50 gallons145 kilograms. (G) Toluene50 gallons159 kilograms. (H) Anhydrous Hydrogen chlorideN/A0.0 kilograms. (I) Sodium permanganateN/A55 kilograms

(iii) The cumulative threshold is not applicable to domestic sales of Acetone, 2-Butanone (MEK), and Toluene.

(iv) Exports, Transshipments and International Transactions to Designated Countries as Set Forth in § 1310.08(b).

Chemical Threshold by
volume
Threshold by weight (A) Hydrochloric acid50 gallons (1) Anhydrous Hydrogen chloride27 kilograms. (B) Sulfuric acid50 gallons

(v) Export and International Transactions to Designated Countries, and Importations for Transshipment or Transfer to Designated Countries

Chemical Threshold by volume Threshold by weight (A) Methyl Isobutyl Ketone (MIBK)500 gallons1523 kilograms. (B) Reserved.

(g) For listed chemicals for which no thresholds have been established, the size of the transaction is not a factor in determining whether the transaction meets the definition of a regulated transaction as set forth in § 1300.02 of this chapter. All such transactions, regardless of size, are subject to recordkeeping and reporting requirements as set forth in this part and notification provisions as set forth in part 1313 of this chapter.

(1) Listed chemicals for which no thresholds have been established:

(i) Alpha-phenylacetoacetamide (APAA) and its optical isomers

(ii) Alpha-phenylacetoacetonitrile and its salts, optical isomers, and salts of optical isomers (APAAN)

(iii) 1-boc-4-AP (tert-butyl 4-(phenylamino)piperidine-1-carboxylate) and its salts.

(iv) Ephedrine, its salts, optical isomers, and salts of optical isomers;

(v) Ergocristine and its salts

(vi) Gamma-Butyrolactone (Other names include: GBL; Dihydro-2(3H)-furanone; 1,2-Butanolide; 1,4-Butanolide; 4-Hydroxybutanoic acid lactone; gamma-hydroxybutyric acid lactone)

(vii) Hypophosphorous acid and its salts (including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite)

(viii) Iodine

(ix) 3,4-MDP-2-P methyl glycidate (PMK glycidate) and its optical and geometric isomers

(x) 3,4-MDP-2-P methyl glycidic acid (PMK glycidic acid) and its salts, optical and geometric isomers, and salts of isomers

(xi) methyl alpha-phenylacetoacetate (MAPA; methyl 3-oxo-2-phenylbutanoate) and its optical isomers

(xii) N-(1-benzylpiperidin-4-yl)-N-phenylpropionamide (benzylfentanyl) and its salts

(xiii) N-phenethyl-4-piperidone (NPP)

(xiv) N-phenylpiperidin-4-amine (4-anilinopiperidine; N-phenyl-4-piperidinamine; 4–AP), its amides, its carbamates, and its salts

(xv) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers

(xvi) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers

(xvii) 4-piperidone (piperidin-4-one), its acetals, its amides, its carbamates, its salts, and salts of its acetals, its amides, and its carbamates, and any combination thereof, whenever the existence of such is possible

(xviii) Red phosphorus

(xix) White phosphorus (Other names: Yellow Phosphorus)

(2) [Reserved]

(h) The thresholds and conditions in paragraphs (f) and (g) of this section will apply to transactions involving regulated chemical mixtures. For purposes of determining whether the weight or volume of a chemical mixture meets or exceeds the applicable quantitative threshold, the following rules apply:

(1) For chemical mixtures containing List I chemicals or List II chemicals other than those in paragraph (h)(2) of this section, the threshold is determined by the weight of the listed chemical in the chemical mixture.

(2) For the List II chemicals acetone, ethyl ether, 2-butanone, toluene, and methyl isobutyl ketone, the threshold is determined by the weight of the entire chemical mixture.

(3) If two or more listed chemicals are present in a chemical mixture, and the quantity of any of these chemicals equals or exceeds the threshold applicable to that chemical, then the transaction is regulated.

[54 FR 31665, Aug. 1, 1989] Editorial Note:For Federal Register citations affecting § 1310.04, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.