--- kind: "range" citation: "21 C.F.R. §§ 1309.24–1309.26" title: "21" from: "1309.24" to: "1309.26" count: 3 url: "https://uscodex.org/cfr/21/1309.24..1309.26" --- # §1309.24. Waiver of registration requirement for certain activities. - (a) The requirement of registration is waived for any agent or employee of a person who is registered to engage in any group of independent activities, if the agent or employee is acting in the usual course of his or her business or employment. - (b) The requirement of registration is waived for any person who manufactures or distributes a scheduled listed chemical product or other product containing a List I chemical that is described and included in paragraph (1)(iv) of the definition of regulated transaction in [§ 1300.02](/cfr/21/1300.02.md) of this chapter, if that person is registered with the Administration to engage in the same activity with a controlled substance. - (c) The requirement of registration is waived for any person who imports or exports a scheduled listed chemical product or other product containing a List I chemical that is described and included in paragraph (1)(iv) of the definition of regulated transaction in [§ 1300.02](/cfr/21/1300.02.md) of this chapter, if that person is registered with the Administration to engage in the same activity with a controlled substance. - (d) The requirement of registration is waived for any person who only distributes a prescription drug product containing a List I chemical that is regulated pursuant to paragraph (1)(iv) of the definition of regulated transaction in [§ 1300.02](/cfr/21/1300.02.md) of this chapter. - (e) The requirement of registration is waived for any person whose activities with respect to List I chemicals are limited to the distribution of red phosphorus, white phosphorus, or hypophosphorous acid (and its salts) to another location operated by the same firm solely for internal end-use, or an EPA or State licensed waste treatment or disposal firm for the purpose of waste disposal. - (f) The requirement of registration is waived for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer, in reusable rail cars and intermodal tank containers which conform to International Standards Organization specifications (with capacities greater than or equal to 2,500 gallons in a single container). - (g) The requirement of registration is waived for any person whose activities with respect to List I chemicals are limited solely to the distribution of Lugol's Solution (consisting of 5 percent iodine and 10 percent potassium iodide in an aqueous solution) in original manufacturer's packaging of one fluid ounce (30 ml) or less. - (h) The requirement of registration is waived for any manufacturer of a List I chemical, if that chemical is produced solely for internal consumption by the manufacturer and there is no subsequent distribution or exportation of the List I chemical. - (i) If any person exempted under paragraph [(b)](#b), [(c)](#c), [(d)](#d), [(e)](#e), or [(f)](#f) of this section also engages in the distribution, importation, or exportation of a List I chemical, other than as described in such paragraph, the person shall obtain a registration for the activities, as required by [§ 1309.21](/cfr/21/1309.21.md). - (j) The Administrator may, upon finding that continuation of the waiver would not be in the public interest, suspend or revoke a waiver granted under paragraph [(b)](#b), [(c)](#c), [(d)](#d), [(e)](#e), or [(f)](#f) of this section pursuant to the procedures set forth in [§§ 1309.43 through 1309.46](/cfr/21/1309.43..1309.46.md) and [§§ 1309.51 through 1309.55](/cfr/21/1309.51..1309.55.md). In considering the revocation or suspension of a person's waiver granted pursuant to paragraph [(b)](#b) or [(c)](#c) of this section, the Administrator shall also consider whether action to revoke or suspend the person's controlled substance registration pursuant to section 304 of the Act ([21 U.S.C. 824](/usc/21/824.md)) is warranted. - (k) Any person exempted from the registration requirement under this section must comply with the security requirements set forth in [§§ 1309.71 through 1309.73](/cfr/21/1309.71..1309.73.md) and the recordkeeping and reporting requirements set forth under Parts [1310](/cfr/21/part1310.md), [1313](/cfr/21/part1313.md), 1314, and 1315 of this chapter. # §1309.25. Temporary exemption from registration for chemical registration applicants. - (a) Each person required by section 302 of the Act ([21 U.S.C. 822](/usc/21/822.md)) to obtain a registration to distribute, import, or export a combination ephedrine product is temporarily exempted from the registration requirement, provided that the person submits a proper application for registration on or before July 12, 1997. The exemption will remain in effect for each person who has made such application until the Administration has approved or denied that application. This exemption applies only to registration; all other chemical control requirements set forth in this part 1309 and parts [1310](/cfr/21/part1310.md), and [1313](/cfr/21/part1313.md) of this chapter remain in full force and effect. - (b) Each person required by section 302 of the Act ([21 U.S.C. 822](/usc/21/822.md)) to obtain a registration to distribute, import, or export a pseudoephedrine or phenylpropanolamine drug product is temporarily exempted from the registration requirement, provided that the person submits a proper application for registration on or before October 3, 1997. The exemption will remain in effect for each person who has made such application until the Administration has approved or denied that application. This exemption applies only to registration; all other chemical control requirements set forth in this part 1309 and parts [1310](/cfr/21/part1310.md) and [1313](/cfr/21/part1313.md) of this chapter remain in full force and effect. - (c) Each person required by sections 302 or 1007 of the Act (21 U.S.C. [822](/usc/21/822.md) or [957](/usc/21/957.md)) to obtain a registration to manufacture or import prescription drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine is temporarily exempted from the registration requirement, provided that the person submits a proper application for registration on or before March 3, 2010. The exemption will remain in effect for each person who has made such application until the Administration has approved or denied the application. This exemption applies only to registration; all other chemical control requirements set forth in this part and parts [1310](/cfr/21/part1310.md), [1313](/cfr/21/part1313.md), and 1315 of this chapter remain in full force and effect. # §1309.26. Exemption of law enforcement officials. - (a) The requirement of registration is waived for the following persons in the circumstances described in this section: - (1) Any officer or employee of the Administration, any customs officer, any officer or employee of the U.S. Food and Drug Administration, and any Federal or Insular officer who is lawfully engaged in the enforcement of any federal law relating to listed chemicals, controlled substances, drugs, or customs, and is duly authorized to possess and distribute List I chemicals in the course of his/her official duties; and - (2) Any officer or employee of any State, or any political subdivision or agency thereof, who is engaged in the enforcement of any State or local law relating to listed chemicals and controlled substances and is duly authorized to possess and distribute List I chemicals in the course of his official duties. - (b) Any official exempted by this section may, when acting in the course of official duties, possess any List I chemical and distribute any such chemical to any other official who is also exempted by this section and acting in the course of official duties.