[Title 21 CFR 1307.21]
[Code of Federal Regulations (annual edition) - April 1, 1996 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter II - DRUG ENFORCEMENT]
[Part 1307 - MISCELLANEOUS]
[Sec. 1307.21 - Procedure for disposing of controlled substances.]
[From the U.S. Government Publishing Office]




  21
  FOOD AND DRUGS
  9
  1996-04-01
  1996-04-01
  false
  
  1307.21
  Sec. 1307.21
  
    FOOD AND DRUGS
    DRUG ENFORCEMENT
    MISCELLANEOUS
  


Sec. 1307.21   Procedure for disposing of controlled substances.

    (a) Any person in possession of any controlled substance and 
desiring or required to dispose of such substance may request the 
Special Agent in Charge of the Administration in the area in which the 
person is located for authority and instructions to dispose of such 
substance. The request should be made as follows:
    (1) If the person is a registrant required to make reports pursuant 
to part 1304 of this chapter, he shall list the controlled substance or 
substances which he desires to dispose of on the ``b'' subpart of the 
report normally filed by him, and submit three copies of that subpart to 
the Special Agent in Charge of the Administration in his area.
    (2) If the person is a registrant not required to make reports 
pursuant to part 1304 of this chapter, he shall list the controlled 
substance or substances which he desires to dispose of on DEA Form 41, 
and submit three copies of that form to the Special Agent in Charge in 
his area; and
    (3) If the person is not a registrant, he shall submit to the 
Special Agent in Charge a letter stating:
    (i) The name and address of the person;
    (ii) The name and quantity of each controlled substance to be 
disposed of;
    (iii) How the applicant obtained the substance, if known; and
    (iv) The name, address, and registration number, if known, of the 
person who possessed the controlled substances prior to the applicant, 
if known.
    (b) The Special Agent in Charge shall authorize and instruct the 
applicant to dispose of the controlled substance in one of the following 
manners:
    (1) By transfer to person registered under the Act and authorized to 
possess the substance;
    (2) By delivery to an agent of the Administration or to the nearest 
office of the Administration;
    (3) By destruction in the presence of an agent of the Administration 
or other authorized person; or
    (4) By such other means as the Special Agent in Charge may determine 
to assure that the substance does not become available to unauthorized 
persons.
    (c) In the event that a registrant is required regularly to dispose 
of controlled substances, the Special Agent in Charge may authorize the 
registrant to dispose of such substances, in accordance with paragraph 
(b) of this section, without prior approval of the Administration in 
each instance, on the condition that the registrant keep records of such 
disposals and file periodic reports with the Special Agent in Charge 
summarizing the disposals made by the registrant. In granting such 
authority, the Special Agent in Charge may place such conditions as he 
deems proper on the disposal of controlled substances, including the 
method of disposal and the frequency and detail of reports.
    (d) This section shall not be construed as affecting or altering in 
any way the disposal of controlled substances through procedures 
provided in

[[Page 82]]

laws and regulations adopted by any State.

[36 FR 7801, Apr. 24, 1971, as amended at 37 FR 15922, Aug. 8, 1972. 
Redesignated at 38 FR 26609, Sept. 24, 1973, and amended at 47 FR 41735, 
Sept. 22, 1982]