Advisories to the Public

Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Clandestine Production of Controlled Substances or Listed Chemicals

Preface

Final Notice: Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Clandestine Production of Controlled Substances or Listed Chemicals (PDF) (May 13, 1999)

The Comprehensive Methamphetamine Control Act of 1996 makes it illegal for any person to distribute a "laboratory supply," which is defined in the final rule as a "listed chemical or any chemical substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials or equipment used in the manufacture of controlled substances and listed chemicals." This final notice contains the list of "laboratory supplies" which constitute the Special Surveillance List. The term "distribution" includes the exportation of a laboratory supply.

The Special Surveillance List focuses on laboratory supplies used in domestic production of controlled substances and listed chemicals. The Drug Enforcement Administration (DEA) chose to limit the number of chemicals, products, materials and equipment on the list to those most frequently used in the clandestine production of controlled substances or listed chemicals.

Correction:

Final Notice: Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Clandestine Production of Controlled Substances or Listed Chemicals; Correction (PDF) (September 17, 1999)

Note that when reading Page 25912 of the Federal Register Notice, the following correction applies: Under the heading Small Business Impact and Regulatory Flexibility Concerns, a portion of the text was inadvertently omitted, which could result in confusion regarding the civil penalty provisions. The paragraph beginning "The notice serves two purposes . . . " should read as follows:

The notice serves two purposes. First, it informs individuals and firms of the potential use of the items on the list for the production of listed chemicals and illicit drugs. Second, it advises individuals and firms that civil penalties may be imposed on them if they distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, if the distribution is made with "reckless disregard" for the illegal uses to which the laboratory supply could be put. There is a rebuttable presumption of "reckless disregard" if the distribution is made anytime after the two week period following the receipt of written notification by the Attorney General that the customer has used, attempted to use, or distributed the laboratory supply further for the unlawful production of a controlled substance or listed chemical.

This Special Surveillance List may be revised as appropriate. Notice of proposed changes will be published in the Federal Register as they occur.