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| DOJ/DEA | RIN: 1117-AA43 | Publication ID: Fall 1999 |
| Title: Listed Chemicals; Proposed Thresholds for Iodine and Hydrochloric Gas (Hydrogen Chloride Gas) | |
| Abstract: The Comprehensive Methamphetamine Control Act of 1996 (MCA) establishes that, effective October 3, 1996, Iodine (in its pure crystal form; mixtures such as tincture of iodine and other household products remain exempt from regulation) and Hydrochloric Gas are List II chemicals under the Controlled Substances Act (CSA). The inclusion of these chemicals under the CSA requires that each regulated person must keep records and make reports as specified in title 21, Code of Federal Regulations part 1310. The MCA applied the recording and reporting requirements to all transactions involving Iodine and Hydrochloric Gas. The rule identified as DEA 156 establishes a domestic threshold of 0.4 kilograms for iodine, thus providing an exemption for transactions below this level, which would include the vast majority of retail sales. Legitimate commerce in Hydrochloric Gas consists almost exclusively of large volume transactions to commercial customers. However, clandestine methamphetamine laboratories often make use of small volumes of this gas, and, therefore, an effective threshold could not be established. In those rare cases where legitimate users purchase small quantities, principally for research or scientific purposes, the recordkeeping and reporting requirements will apply only to the distributor; the purchasers will not be subject to the requirements. In response to comments submitted in connection with proposed DEA 156, DEA has determined that regulation of certain types of transactions involving hydrogen chloride is unnecessary for purposes of enforcement of the chemical controls under the Controlled Substances Act. However, exempting the transactions from regulation could not be` accomplished through the system of thresholds. By a rule identified as DEA 177, DEA will exempt certain transactions from the definition of Regulated Transaction, thus removing them from regulation. | |
| Agency: Department of Justice(DOJ) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 21 CFR 1310 | |
| Legal Authority: 21 USC 802 21 USC 871(b) | |
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Legal Deadline:
None |
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Child RIN List:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Included in the Regulatory Plan: No | |
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Agency Contact: Frank Sapienza Chief, Drug and Chemical Evaluation Section Department of Justice Drug Enforcement Administration Office of Diversion Control, Washington, DC 20537 Phone:202 307-7183 |
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