---
kind: "section"
citation: "21 C.F.R. § 1317.35"
title: "21"
number: "1317.35"
heading: "Collection by law enforcement."
url: "https://uscodex.org/cfr/21/1317.35"
---

# §1317.35. Collection by law enforcement.

- (a) Federal, State, tribal, or local law enforcement may collect controlled substances from ultimate users and persons lawfully entitled to dispose of an ultimate user decedent's property using the following collection methods:
  - (1) Take-back events in accordance with [§ 1317.65](/cfr/21/1317.65.md);
  - (2) Mail-back programs in accordance with [§ 1317.70](/cfr/21/1317.70.md); or
  - (3) **Collection receptacles located inside law enforcement's physical address.**
- (b) Law enforcement that conducts a take-back event or a mail-back program or maintains a collection receptacle should maintain any records of removal, storage, or destruction of the controlled substances collected in a manner that is consistent with that agency's recordkeeping requirements for illicit controlled substances evidence.
- (c) Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be stored in a manner that prevents the diversion of controlled substances and is consistent with that agency's standard procedures for storing illicit controlled substances.
- (d) Any controlled substances collected by law enforcement through a take-back event, mail-back program, or collection receptacle should be transferred to a destruction location in a manner that prevents the diversion of controlled substances and is consistent with that agency's standard procedures for transferring illicit controlled substances.
- (e) Law enforcement that transfers controlled substances collected from ultimate users pursuant to this part to a reverse distributor for destruction should maintain a record that contains the following information: If a sealed inner liner as described in [§ 1317.60](/cfr/21/1317.60.md) is used, the unique identification number of the sealed inner liner transferred, and the size of the sealed inner liner transferred (e.g., 5-gallon, 10-gallon, etc.); if a mail-back package as described in [§ 1317.70](/cfr/21/1317.70.md) is used, the unique identification number of each package; the date of the transfer; and the name, address, and registration number of the reverse distributor to whom the controlled substances were transferred.

## Notes

### Authority

Authority: 21 U.S.C. 821, 822, 823, 827, 828, 871(b), and 958.

### Source

Source: 79 FR 53565, Sept. 9, 2014, unless otherwise noted.
