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Federal Register Notices > Notices - 1999 > Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Clandestine Production of Controlled Substances or Listed Chemicals; Correction Notices - 1999[Federal Register: September 17, 1999 (Volume 64,
Number 180)] DEPARTMENT OF JUSTICE Drug Enforcement Administration [DEA-172C] Special Surveillance List of Chemicals, Products, Materials and Equipment Used in the Clandestine Production of Controlled Substances or Listed Chemicals; Correction AGENCY: Drug Enforcement Administration (DEA), Justice. ACTION: Correction to Final Notice. SUMMARY: This document contains a correction to the final notice (DEA-172N), published Thursday, May 13, 1999 (64 FR 25910). That final notice contained the list of "laboratory supplies'' which constitutes the Special Surveillance List that was required to be published by the Attorney General pursuant to Title 21, United States Code, Section 842(a). EFFECTIVE DATE: September 17, 1999. FOR FURTHER INFORMATION CONTACT: Frank Sapienza, Chief, Drug and Chemical Evaluation Section, Office of Diversion Control, Drug Enforcement Administration, Washington, DC 20537, Telephone (202) 307-7183. SUPPLEMENTARY INFORMATION: Background The notice that is the subject of this correction, implements provisions of the Comprehensive Methamphetamine Control Act of 1996 (MCA) which was signed into law on October 3, 1996. The MCA provides for a civil penalty of not more than $250,000 for the distribution of 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 that distribution was made with reckless disregard for the illegal uses to which such laboratory supply will be put. The term "laboratory supply'' is defined 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.'' As required by the MCA, DEA published this Special Surveillance List on May 13, 1999. Need for Correction As published, the final notice erroneously indicated that the Special Surveillance List includes all listed chemicals "as specified in 21 CFR 1310.02(a) or (b).'' This citation was in error and should have read "as specified in 21 CFR 1310.02(a) or (b) or 21 U.S.C. 802 (34) or (35).'' Additionally, the final notice incorrectly stated that "it advises individuals and firms that civil penalties may be imposed on them if they distribute a laboratory supply to a person anytime after a two week period following receipt of written notification by the Attorney General that the person has used, attempted to use, or distributed the laboratory supply further for the unlawful production of controlled substances or listed chemicals.'' In fact, the MCA does not require that the Attorney General issue a written notification in order to impose civil penalties for the distribution of a laboratory supply to persons who use, attempt to use or distribute the laboratory supply for the unlawful production of controlled substances or listed chemicals, if that distribution was made with "reckless disregard'' for the illegal uses to which the laboratory supply would be put. The two week notification period, referenced in the final notice, pertains to the MCA provision of "rebuttable presumption of reckless disregard''. Specifically, if the Attorney General issues a written notification that a laboratory supply sold by the firm has been used by a customer (or distributed further by that customer) for the unlawful production of controlled substances or listed chemicals, then there is a "rebuttable presumption of reckless disregard'' at trial, if the notified firm distributes a laboratory supply to the customer two weeks or more after the notification. This correction is therefore being published to clarify MCA provisions applicable to the Special Surveillance List. Correction of Publication
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Dated: September 7, 1999. Donnie R. Marshall, [FR Doc. 99-24103 Filed 9-16-99; 8:45 am]
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