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> Appendices > Appendix J
Chemical Diversion Notices*
Appendix J
Combination Ephedrine and Pseudoephedrine Drug
Products Are Being Seized at Clandestine Methamphetamine Laboratories
The Drug Enforcement Administration (DEA), the California Bureau
of Narcotic Enforcement (BNE) and other state/local law enforcement
authorities throughout the United States have noted an alarming
trend involving illicit methamphetamine production. Shortly after
DEA placed domestic record keeping and reporting requirements on
ephedrine tablets, effective April 16, 1994, there was a dramatic
change in the choice of precursors used by clandestine laboratory
operators. Criminals are now using bulk ephedrine and
pseudoephedrine and ephedrine and pseudoephedrine drug products to
clandestinely manufacture methamphetamine.
This notification is being sent to all those who either
manufacture, import, export, or distribute combination ephedrine
and/or pseudoephedrine products. All persons engaged in these
activities should be aware of the following information:
- Pseudoephedrine and ephedrine are List I chemicals under
federal law.
- Pseudoephedrine and combination ephedrine drug products are
List I chemicals, as defined by 21
U.S.C. § 802.
- Anyone who manufactures, imports, exports or distributes a
listed chemical is considered a "regulated person" by
definition of 21
U.S.C. § 802.
- "Any person who possesses or distributes a listed
chemical knowing, or having reasonable cause to believe that the
listed chemical will be used to manufacture a controlled substance,
except as authorized by this title, shall be fined in accordance
with Title 18, or imprisoned not more than 20 years, or both,"
21 U.S.C. § 841 (c) (2).
Records, reports and proof of identity for customers are required
for all regulated transactions in combination ephedrine and
pseudoephedrine products. Distributors of these products should
familiarize themselves with federal and state requirements. Law
enforcement authorities are asking for your voluntary cooperation to
reduce this diversion. Suspicious orders should be reported to your
local DEA office immediately.
*The Office of Diversion Control sends chemical diversion notices
to industry to provide information on emerging patterns of
diversion. DEA distributes these notices to individual corporations
and to associations that represent the affected industries.
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Appendix J
SPECIAL NOTICE
Cessation of marketing of
phenylpropanolamine that may result in recalling of products
The Food and Drug Administration has recently announced a cessation of
marketing of phenylpropanolamine (PPA) that may result in recalling of
products containing PPA. As you are aware, PPA is a List I chemical which
is used in the illicit synthesis of amphetamine. This matter is of great
concern to the Drug Enforcement Administration (DEA) because the risk of
diversion of these drug products during this potential recall period
represents a significant threat to the public interest. Therefore, DEA
urges all firms involved in this recall to observe the following:
Accurately document all returns and all destructions of these products.
Receipts and distributions are regulated transactions if they meet the
threshold criteria. Records of such transactions must be maintained for
two years,
Closely monitor returned inventories pending destruction. Firms may
wish to consider maintaining the returned products in a segregated area
and/or limiting employee access to only those necessary to process the
returned products.
Insure that these PPA products are destroyed beyond reclamation for use
in the illicit production of amphetamine.
If transferring the products to another firm for destruction,
accurately document the transfer and confirm the legitimacy of the firm.
Observing the above procedures will help to limit the diversion of
these PPA products to the illegal manufacture of amphetamine. Questions
regarding this issue may be directed to the Liaison and Policy Section at
(202) 307-7297.
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Appendix J
TO DISTRIBUTORS OF LIST I CHEMICALS:
Acceptable Documentation of DEA Registration Status
March 1999
It has come to our attention that some persons are circumventing the
registration system and fraudulently obtaining List I chemicals. These
persons are forging registration applications (DEA Form 510), back dating
them to before the applicable exemption deadlines (11/13/95 for non-exempt
all List I chemicals; 7/12/97 for combination ephedrine drug products; and
12/03/97 for pseudoephedrine and phenylpropanolamine drug products).
Copies of these falsified 510's are then presented to suppliers in order
to obtain List I chemicals. Suppliers know that persons who submitted
applications prior to the applicable deadline can continue to conduct
business until the applications are acted upon by DEA. Many suppliers have
been accepting these 510 copies as indication that the presenting
companies are in compliance with the statute and regulations. This
practice does not represent valid compliance with verification
requirements.
DEA is alerting suppliers that copies of DEA Form 510 are not
acceptable identification for sales of List I chemicals. Suppliers should
only accept a registration certificate or, for companies with pending
applications that were submitted prior to the applicable deadlines, a
letter from DEA showing the firm's DEA chemical application control number
and a statement authorizing the firm to continue business until the
registration application is approved by DEA. If a supplier receives
documentation that is questionable, contact the nearest DEA Diversion
Group by telephone. Such proposed transactions should be considered
suspicious and reportable.
DEA provides quarterly registration status updates to the Department of
Commerce for the National Technical Information Systems (NTIS). Any
interested party can purchase this information directly from NTIS at
1-800-553-6847.
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Appendix J
TO MANUFACTURERS AND DISTRIBUTORS
OF
LIST I AND LIST II CHEMICALS:
Theft of List I and II Chemicals on the Rise
A large tablet manufacturer recently reported the theft of 4.8 million
pseudoephedrine tablets. Not only did this loss cost the company thousands
of dollars, it resulted in the diversion of product sufficient to produce
four hundred pounds of methamphetamine.
Unfortunately, this problem has become increasingly common.
Manufacturers and distributors of List I and II chemicals should be aware
that theft of controlled chemicals is on the increase.
The Methamphetamine Control Act (MCA) has made it more difficult to
obtain precursor chemicals through legitimate channels, and unsuspecting
companies have found themselves the target of employee and outsider thefts
of listed chemicals. The most common stolen chemicals are pseudoephedrine
and ephedrine, but DEA has received reports of theft for most of the
chemicals on the List I schedule.
You can help prevent this expensive problem before it begins. If you
have not already done so, consider adopting policies to reduce risk, such
as:
- random physical inventory checks,
- anti-theft security measures,
- and employee background investigations.
Working together, we can keep controlled chemicals out of the hands of
criminals.
November 1998
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Appendix J
IODINE IS BEING USED TO MAKE
METHAMPHETAMINE
The Drug Enforcement Administration (DEA), and numerous state/local law
enforcement authorities throughout the United States have noted an
alarming trend involving illicit methamphetamine production.
Methamphetamine (AKA speed, crank or meth) is fast becoming a major drug
problem in the United States. We are asking all businesses engaged in the
sale of iodine products to be aware of the use of iodine by clandestine
methamphetamine laboratory operators.
Criminal elements routinely use iodine in the illicit production of
methamphetamine. DEA is aware that these criminals are searching for
sources of supply for iodine. In some instances, distributors have
reported the theft of iodine from chemical storage facilities.
This notice is being provided to:
- Make you aware that iodine became a federally regulated List II
chemical on 10/3/96 under the Comprehensive Methamphetamine Control
Act of 1996.
- Make you aware that iodine is being used to clandestinely produce
methamphetamine.
- Encourage all distributors of iodine to know their customer before
they unwittingly become a supplier to a clandestine methamphetamine
laboratory, and report all suspicious activity to your closest law
enforcement agency, and
- Advise all distributors of iodine that it is unlawful for any person
to knowingly or intentionally manufacture, distribute, export, or
import any equipment, chemical, product, or material which may be used
to manufacture a controlled substance or listed chemical or knowing,
intending, or having reasonable cause to believe that it will be used
to manufacture a controlled substance or listed chemical in violation
of the Controlled Substances Act... 21
U.S.C. § 843 (a)(7). Persons who violate 21 U.S.C. § 843 (a)(7)
may be subject to criminal or civil penalties.
Law enforcement authorities are asking for your cooperation in this
matter.
July 22, 1999
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Appendix J
METHYL SULFONE (AKA MSM, DMS, DIMETHYL SULFONE
OR DMSO2) IS BEING USED AS A CUTTING AGENT FOR METHAMPHETAMINE
The Drug Enforcement Administration (DEA), and numerous
state/local law enforcement authorities throughout the United States
have noted an alarming trend involving illicit methamphetamine
production. Methamphetamine (AKA speed, crank or meth) is a major
drug problem in the United States. We are asking all businesses
engaged in the sale of methyl sulfone products to be aware of the
use of methyl sulfone by methamphetamine distributors. MSM is
normally used as an animal feed supplement.
Criminal elements routinely use methyl sulfone as a cutting agent
or diluent in the production of methamphetamine. DEA is aware that
these criminals are searching for sources of supply for methyl
sulfone. In some instances, distributors have reported the theft of
methyl sulfone from chemical storage facilities.
This notice is being provided to:
- Make you aware that methyl sulfone is being used as a cutting
agent or diluent in the production of methamphetamine.
- Encourage all distributors of methyl sulfone to know their
customer before they unwittingly become a supplier to
methamphetamine manufacturers or distributors, and to report all
suspicious activity to your local DEA office or closest law
enforcement agency.
- Advise all distributors of methyl sulfone
that it is unlawful for any person to knowingly or intentionally
manufacture, distribute, export, or import any equipment, chemical,
product, or material which may be used to manufacture a controlled
substance or listed chemical knowing, intending, or having
reasonable cause to believe that it will be used to manufacture a
controlled substance or listed chemical in violation of the
Controlled Substances Act —
21 U.S.C. § 843 (a)(7). Persons who
violate
21 U.S.C. § 843 (a)(7) may be subject to criminal or civil
penalties.
Law enforcement authorities are asking for your cooperation in
this matter.
July 30, 1999
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Appendix J
SUSPICIOUS PURCHASE INDICATORS FOR SALES OF
ANHYDROUS AMMONIA
Efforts by the Drug Enforcement Administration (DEA), numerous
state/local law enforcement authorities and an industry anti-meth
task force organized by the Agricultural Retailers Association and
the Alliance of State-Agri Business Associations have been focused
on raising the awareness of the theft of ANHYDROUS AMMONIA from
retailer facilities and farms for the illicit production of
methamphetamine. In response, several states have enacted laws
against the theft of anhydrous ammonia.
As increasing levels of deterrents are put into effect, there may
be increased attempts to purchase anhydrous ammonia directly from
businesses engaged in the sale of agricultural supplies. The
following is a list of key suspicious purchase information that
should alert you to such a purchase - it is being provided to make
you aware that anhydrous ammonia is being used to clandestinely
produce methamphetamine.
- Customer cannot answer or is evasive about agricultural use
questions
- Customer insists on taking possession rather than having it
delivered
- Customer insists on using cash, money order or cashiers
check
- Customer is a stranger and unfamiliar to area or your
business
- Customer provides suspicious business or credit
information
- Customer is vague or resists providing personal
information
If a customer fits any of these criteria, wait until the person
has left your business, write down an accurate description of the
person(s), vehicle, license number, etc., and contact the DEA or
local law enforcement authorities immediately.
Revised May 2003 Back
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Appendix J
Theft of
Regulated Drug Products That Contain Ephedrine
or Pseudoephedrine Are Increasing
Pseudoephedrine and ephedrine are highly coveted by
drug traffickers who use these chemicals to manufacture methamphetamine
for the illicit market. The Drug Enforcement Administration (DEA) is
receiving reports of thefts and unexplained losses of large quantities of
these substances from distributors.
To prevent thefts, DEA
strongly suggests that List I chemical handlers follow these guidelines:
- Maintain a system to control your inventory and
monitor for unexplained losses or disappearances.
- Prevent employee theft by requiring employee
background checks and drug testing. In addition, DEA registrants must
follow the guidance of U.S. Code of Federal Regulations 21 § 1309.72
in regard to employing persons with drug felony convictions and
possibly limiting their access to List I chemicals.
- Improve physical security with anti-theft
measures such as maintaining stock in a segregated area, limiting
employee access to stock, and operating surveillance cameras.
In the event of theft,
DEA reminds List I chemical handlers of the regulatory requirement:
- A regulated chemical handler must immediately
report thefts and losses to the nearest DEA office and should also
notify state/local law enforcement and regulatory agencies. A written
report must be submitted to DEA within 15 days of discovery of the
theft or loss. (CFR 21 § 1310.05)
To prevent recurring thefts,
DEA recommends the following:
- List I chemical handlers should treat an
individual theft or significant loss seriously and should monitor
occurrences so that patterns do not remain undetected.
- When improving security after a theft, extend
security improvements to all locations which store or distribute
listed drug products.
- The repeated loss of small quantities of listed
chemicals over a period of time may indicate a significant aggregate
problem that must be reported to DEA, even though the individual
quantity of each occurrence does not appear to be significant.
In an environment in which traffickers are
aggressively seeking pseudoephedrine and ephedrine, List I chemical
handlers should view unexplained losses as likely thefts. DEA registrants
must provide effective controls and procedures to guard against theft and
diversion of these List I chemicals. A chemical handler who experiences
thefts and/or losses must take special action. Continuing to rely on a
system that has been violated is not providing effective controls.
November 2000
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Appendix J
NOTICE
RED PHOSPHORUS,
WHITE PHOSPHORUS AND HYPOPHOSPHOROUS ACID ARE BEING USED TO MAKE
METHAMPHETAMINE
The Drug Enforcement Administration (DEA), and
numerous state/local law enforcement authorities throughout the United
States, have noted an alarming trend involving illicit methamphetamine
production. Methamphetamine (AKA speed, crank or meth) is a major drug
problem in the United States. All businesses engaged in the sale of red
phosphorus, white phosphorus and hypophosphorous acid products should be
aware of the use of these products by clandestine methamphetamine
laboratory operators.
Criminal elements routinely use these List I
chemicals in the illicit production of methamphetamine. DEA is aware that
these criminals are searching for sources of supply for these List I
chemicals.
This notice is being provided to:
Make you aware that these products became
federally regulated List I chemicals on 11/16/01 under the Comprehensive
Methamphetamine Control Act of 1996 and records are required for all
transactions.
Remind all distributors of these products that
they must obtain identifying information on their customer and that they
must know their customer to avoid unwittingly becoming a supplier to a
clandestine methamphetamine laboratory, and report all suspicious orders
to your closest law enforcement agency, and
Advise all distributors of these List I chemicals
that it is unlawful for any person knowingly or intentionally to
manufacture, distribute, export, or import any equipment, chemical,
product, or material which may be used to manufacture a controlled
substance or listed chemical, knowing, intending, or having reasonable
cause to believe that it will be used to manufacture a controlled
substance or listed chemical in violation of the Controlled Substance
Act…21 U.S.C. 843(a)(7). Persons who violate 21 U.S.C. 843(a)(7) may
be subject to criminal or civil penalties.
Law enforcement authorities are asking for your
cooperation in this matter .
Revised 5/01/03
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Appendix J
NOTICE
SAFROLE AND
SASSAFRAS OIL ARE BEING USED IN THE ILLICIT MANUFACTURE OF MDMA
The Drug Enforcement Administration
(DEA) and state/local law enforcement authorities throughout the United
States have noted an alarming trend involving illicit MDMA production.
MDMA (Ecstasy) is a major drug problem in the United States. All
businesses engaged in the sale of safrole and essential oils rich in
safrole, such as, sassafras oil, "brown" camphor oil or camphor
oil 1.070, also referred to as Chinese sassafras oil, should be aware of
the use of these products by clandestine MDMA laboratory operators.
Criminal elements routinely use
these List I chemicals in the illicit production of MDMA. DEA is aware
that these criminals are searching, often over the Internet, for sources
of supply for these List I chemicals.
This notice is being provided to:
-
Make you aware that safrole and
essential oils rich in safrole, such as sassafras oil, and brown camphor
oil or camphor oil 1.070, are List I chemicals;
-
Remind all distributors of these
products that they must be registered with DEA, obtain identifying
information from their customers, keep records, report suspicious orders
to DEA, and "know their customer," to avoid unwittingly
becoming a supplier to a clandestine MDMA laboratory;
-
Advise all distributors of these
List I chemicals that it is unlawful for any person to possess or
distribute a listed chemical knowing, or having reasonable cause to
believe, that the listed chemical will be used to manufacture a
controlled substance in violation of the Controlled Substances Act…21
U.S.C. 841(c)(2). Persons who violate 21 U.S.C. 841(c)(2) and/or the
recordkeeping and reporting requirements are subject to criminal and/or
civil penalties.
05/01/03
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