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Regulations &
Codified CSA > CFR > Section 1314
> Subpart A - General
Section 1314 - Retail Sale of Scheduled Listed Chemical Products - Subpart
A - General
Sec. 1314.01 Scope.
This part specifies the requirements for retail sales of scheduled listed
chemical products to individuals for personal use.
Sec. 1314.02 Applicability.
(a) This part applies to the following regulated persons who sell scheduled
listed chemical products for personal use:
- Regulated sellers of scheduled
listed chemical products sold at retail for personal use through face-to-face
sales at stores or mobile retail vendors.
- Regulated persons who engage in
a transaction with a non- regulated person and who ship the products to the
non-regulated person by the U.S. Postal Service or by private or common
carriers.
(b) The requirements in subpart A apply to all regulated persons
subject to this part. The requirements in subpart B apply to regulated sellers
as defined in Sec. 1300.02 of this chapter. The requirements in subpart C apply to
regulated persons who ship the products to the customer by the U.S. Postal
Service or by private or common carriers.
Sec. 1314.03 Definitions.
As used in this part, the term "mail-order sale'' means a retail sale of
scheduled listed chemical products for personal use where a regulated person
uses or attempts to use the U.S. Postal Service or any private or commercial
carrier to deliver the product to the customer. Mail-order sale includes
purchase orders submitted by phone, mail, fax, Internet, or any method other
than face-to-face transaction.
Sec. 1314.05 Requirements regarding packaging of nonliquid forms.
A regulated seller or mail order distributor may not sell a scheduled
listed chemical product in nonliquid form (including gel caps) unless the
product is packaged either in blister packs, with each blister containing no
more than two dosage units or, if blister packs are technically infeasible, in
unit dose packets or pouches.
Sec. 1314.10 Effect on State laws.
Nothing in this part preempts State law on the same subject matter unless
there is a positive conflict between this part and a State law so that the two
cannot consistently stand together.
Sec. 1314.15 Loss reporting.
(a) Each regulated person must report to the Special Agent in Charge of the
DEA Divisional Office for the area in which the regulated person making the
report is located, any unusual or excessive loss or disappearance of a
scheduled listed chemical product under the control of the regulated person.
The regulated person responsible for reporting a loss in-transit is the
supplier.
(b) Each report submitted under paragraph (a) of this section must,
whenever possible, be made orally to the DEA Divisional Office for the area in
which the regulated person making the report is located at the earliest
practicable opportunity after the regulated person becomes aware of the
circumstances involved.
(c) Written reports of losses must be filed within 15
days after the regulated person becomes aware of the circumstances of the
event.
(d) A report submitted under this section must include a description of
the circumstances of the loss (in-transit, theft from premises, etc.).
(e) A
suggested format for the report is provided below:
Regulated Person
| Registration number (if applicable) __________________ |
| Name _________________________________________ |
| Business address _______________________________ |
| City ___________________________________________ |
| State __________________________________________ |
| Zip ____________________________________________ |
| Business phone _________________________________ |
| Date of loss _____________________________________ |
| Type of loss _____________________________________ |
| Description of circumstances _______________________ |
NOTICE: This is an
unofficial version. An official version of this publication may be obtained
directly from the Government Printing Office (GPO).
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