---
kind: "section"
citation: "15 C.F.R. § 712.4"
title: "15"
number: "712.4"
heading: "New Schedule 1 production facility."
url: "https://uscodex.org/cfr/15/712.4"
---

# §712.4. New Schedule 1 production facility.

- (a) **Establishment of a new Schedule 1 production facility.**
  - (1) If your facility has never before been declared under [§ 712.5](/cfr/15/712.5.md) of the CWCR, or the initial declaration for your facility has been withdrawn pursuant to [§ 712.5(g)](/cfr/15/712.5.md?p=g) of the CWCR, and you intend to begin production of Schedule 1 chemicals at your facility in quantities greater than 100 grams aggregate per year for research, medical, or pharmaceutical purposes, you must provide an initial declaration (with a current detailed technical description of your facility) to BIS in no less than 200 calendar days in advance of commencing such production. Such facilities are considered to be “new Schedule 1 production facilities” and are subject to an initial inspection within 200 calendar days of submitting an initial declaration.
  - (2) New Schedule 1 production facilities that submit an initial declaration pursuant to [paragraph (a)(1)](#a-1) of this section are considered approved Schedule 1 production facilities for purposes of the CWC, unless otherwise notified by BIS within 30 days of receipt by BIS of that initial declaration.
- (b) **Types of declaration forms required.** If your new Schedule 1 production facility will produce in excess of 100 grams aggregate of Schedule 1 chemicals, you must complete the Certification Form, Form 1-1 and Form A. You must also provide a detailed technical description of the new facility or its relevant parts, and a detailed diagram of the declared areas in the facility.
- (c) Two hundred days after a new Schedule 1 production facility submits its initial declaration, it is subject to the declaration requirements in § [712.5(a)(1)](/cfr/15/712.5.md?p=a-1) and [(a)(2)](/cfr/15/712.5.md?p=a-2) and [§ 712.5(b)(1)(ii)](/cfr/15/712.5.md?p=b-1-ii) of the CWCR.

## Notes

### Authority

Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950, as amended by E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp., p. 200; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.

### Source

Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted.