regulated transaction

(39)The term “regulated transaction” means— (A)a distribution, receipt, sale, importation, or exportation of, or an international transaction involving shipment of, a listed chemical, or if the Attorney General establishes a threshold amount for a specific listed chemical, a threshold amount, including a cumulative threshold amount for multiple transactions (as determined by the Attorney General, in consultation with the chemical industry and taking into consideration the quantities normally used for lawful purposes), of a listed chemical, except that such term does not include— (i)a domestic lawful distribution in the usual course of business between agents or employees of a single regulated person; (ii)a delivery of a listed chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier, or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman, except that if the carriage or storage is in connection with the distribution, importation, or exportation of a listed chemical to a third person, this clause does not relieve a distributor, importer, or exporter from compliance withsection 830 of this title; (iii)any category of transaction or any category of transaction for a specific listed chemical or chemicals specified by regulation of the Attorney General as excluded from this definition as unnecessary for enforcement of this subchapter or subchapter II; (iv)any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act [et seq.], subject to clause (v), unless— (I)the Attorney General has determined undersection 814 of this titlethat the drug or group of drugs is being diverted to obtain the listed chemical for use in the illicit production of a controlled substance; and (II)the quantity of the listed chemical contained in the drug included in the transaction or multiple transactions equals or exceeds the threshold established for that chemical by the Attorney General; (v)any transaction in a scheduled listed chemical product that is a sale at retail by a regulated seller or a distributor required to submit reports undersection 830(b)(3) of this title; or (vi)any transaction in a chemical mixture which the Attorney General has by regulation designated as exempt from the application of this subchapter and subchapter II based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered; and (B)a distribution, importation, or exportation of a tableting machine or encapsulating machine.

Source

21 USC § 802(39)


Scoping language

As used in this subchapter
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