PART VI.
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PART VI. REGULATED CHEMICALS FOR THE MANUFACTURE OF
CONTROLLED SUBSTANCES
Note
Part heading amended by L 1993, c 225, §1; L 1999, c 252, §7.
Revision Note
In this part, "part" substituted for "chapter".
§329-61 Substances subject to reporting.
(a)List 1 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person in this State or for use in this State shall submit a report to the department of all those transactions:
(1)Phenyl-2-propanone;
(2)Methylamine and its salts;
(3)Phenylacetic acid, its esters and salts;
(4)Ephedrine, its salts, optical isomers, and salts of optical isomers;
(5)Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(6)Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(7)Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
(8)Hydriodic acid;
(9)Benzyl cyanide;
(10)Benzyl chloride;
(11)N-methylformamide;
(12)N-methylephedrine, its salts, optical isomers, and salts of optical isomers;
(13)N-ethylephedrine;
(14)N-ethylpseudoephedrine;
(15)N-methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(16)Chloroephedrine;
(17)Chloropseudoephedrine;
(18)Ethylamine;
(19)D-lysergic acid;
(20)Ergotamine and its salts;
(21)Piperidine and its salts;
(22)N-acetylanthranilic acid, its esters and salts;
(23)Anthranilic acid, its esters and salts;
(24)Propionic anhydride;
(25)Isosafrole;
(26)Safrole;
(27)Piperonal;
(28)Thionychloride;
(29)Ergonovine and its salts;
(30)3,4-Methylenedioxyphenyl-2-propanone;
(31)Benzaldehyde;
(32)Nitroethane;
(33)Red phosphorus;
(34)Iodine crystals;
(35)Iodine at concentrations greater than 1.5 per cent by weight in a solution or matrix above the threshold of two ounces in a single transaction;
(36)Gamma butyrolactone
(GBL)including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone; and 4-hydroxybutanoic acid lactone with chemical abstract service number 96-48-0;
(37)1,4-butanediol, including butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; and tetramethylene; 1,4-diol;
(38)Hypophosphorous acid and its salts (including ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite, and sodium hypophosphite);
(39)White phosphorus (other names yellow phosphorus); and
(40)Anhydrous ammonia.
(b)List 2 chemicals. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any extraordinary quantity of any of the following chemicals, or sells, transfers, or otherwise furnishes the chemicals through the use of an uncommon method of payment or delivery or under any other circumstances that may make that person believe that the following chemicals could be used in violation of this part by any person in this State, shall report to the department all those transactions of:
(1)Acetic anhydride;
(2)Acetone;
(3)Ethyl ether;
(4)Potassium permanganate;
(5)2-Butanone (or methyl ethyl ketone or MEK);
(6)Toluene;
(7)Hydrochloric acid;
(8)Sulfuric acid;
(9)Methyl isobutyl ketone (MIBK);
(10)Hydrogen chloride; and
(11)Methyl sulfone (MSM, DMS, Dimethyl sulfone or DMSO2).
(c)[Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] Additional chemicals. If a chemical is added or deleted as a regulated list 1 or list 2 chemical under federal law and notice of the designation is given to the department, the department may recommend that a corresponding change be made to state law. The department of public safety shall designate the chemical as added or deleted under this chapter after the expiration of thirty days from publication in the Federal Register of a final order and the change shall have the effect of law. If a chemical is added or deleted under this subsection, the control shall be temporary and, if the temporary designation of the added or deleted chemical is not permanently enacted in corresponding changes to this chapter at the next regular session of the legislature, the temporary designation shall be nullified.
(c)[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] Additional chemicals. If a chemical is added or deleted as a regulated list 1 or list 2 chemical under federal law and notice of the designation is given to the department, the department may recommend that a corresponding change be made to state law. The department of law enforcement shall designate the chemical as added or deleted under this chapter after the expiration of thirty days from publication in the Federal Register of a final order and the change shall have the effect of law. If a chemical is added or deleted under this subsection, the control shall be temporary and, if the temporary designation of the added or deleted chemical is not permanently enacted in corresponding changes to this chapter at the next regular session of the legislature, the temporary designation shall be nullified.
(d)[Subsection effective until December 31, 2023. For subsection effective January 1, 2024, see below.] The department of public safety shall adopt rules pursuant to chapter 91 necessary for the purposes of this section; provided the rules adopted to add or subtract to list 1 or list 2 may be adopted without regard to chapter 91.
(d)[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] The department of law enforcement shall adopt rules pursuant to chapter 91 necessary for the purposes of this section; provided the rules adopted to add or subtract to list 1 or list 2 may be adopted without regard to chapter 91. [L 1990, c 200, pt of §1; am L 1993, c 225, §2; am L 1997, c 356, §5; am L 1999, c 252, §8; am L 2001, c 203, §6; am L 2003, c 151, §9; am L 2004, c 193, §3 ; am L 2022, c 278, §17]