Current through Register Vol. 56, No. 18, September 16, 2024
(a) Raw
materials, bulk materials awaiting further processing, and finished products
which are controlled substances listed in Schedule I or II shall be stored in
one of the following secure storage areas;
1.
Where small quantities permit, a safe or steel cabinet:
i. Which safe or steel cabinet shall have the
following specifications or the equivalent; 30 man-minutes against
surreptitious entry, 10 man-minutes against forced entry, 20 man-hours against
lock manipulation, and 20 man-hours against radiological techniques;
ii. Which safe or steel cabinet, if it weighs
less than 750 pounds, is bolted or cemented to the floor or wall in such a way
that it cannot be readily removed; and
iii. Which safe or steel cabinet, if
necessary, depending upon the quantities and type of controlled substances
stored, is equipped with an alarm system, which upon attempted unauthorized
entry, shall transmit a signal directly to a central protection company or a
local or State police agency which has a legal duty to respond, or a 24-hour
control station operated by the registrant, or such other protection as the
Division may approve.
2.
A vault constructed before, or under construction on, September 1, 1971 which
is of substantial construction with a steel door, combination of key lock, and
an alarm system; or
3. A vault
constructed after September 1, 1971:
i. The
walls, floors and ceilings of which vault are constructed of at least eight
inches of reinforced concrete or other substantial masonry, reinforced
vertically and horizontally with 1/2 inch steel rods tied six inches on center,
or the structural equivalent to such reinforced walls, floors and
ceilings;
ii. The door and frame
unit of which vault shall conform to the following specifications or the
equivalent; 30 man-minutes against surreptitious entry, ten man-minutes against
forced entry, 20 man-hours against lock manipulation, and 20 man-hours against
radiological techniques;
iii. Which
vault, if operations require it to remain open for frequent access, is equipped
with a "day-gate" which is self-closing and self-locking, or the equivalent,
for use during the hours of operation in which the vault door is
open;
iv. The walls or perimeter of
which vault are equipped with an alarm, which upon unauthorized entry shall
transmit a signal directly to a central station protection company, or a local
or State police agency which has a legal duty to respond, or a 24-hour control
station operated by the registrant, or such other protection as the Division
may approve, and, if necessary, holdup buttons at strategic points of entry to
the perimeter area of the vault;
v.
The door of which vault is equipped with contact switches; and
vi. Which vault has one of the following;
complete electrical lacing of the walls, floor and ceilings; sensitive
ultrasonic equipment within the vault; a sensitive sound accumulator system; or
such other device designed to detect illegal entry as may be approved by the
Division.
(b)
Raw materials, bulk materials awaiting further processing, and finished
products which are controlled substances listed in Schedules III, IV, and V
shall be stored in one of the following secure storage areas:
1. Where small quantities permit, a safe
which complies with the requirements set forth in (a)1 above;
2. A vault which complies with the
requirements set forth in either (a)2 or 3 above; or
3. A building or areas located within a
building, which building or area:
i. Has walls
or perimeter fences of sufficient height and construction to provide security
from burglary;
ii. Has substantial
doors which may be securely locked during non-working hours by a multiple
position combination or key lock;
iii. Is equipped with an alarm which, upon
unauthorized entry, shall transmit a signal directly to a central station
protection company, or local or State police agency which has a legal duty to
respond, or a 24-hour control station operated by the registrant, or such other
protection as the Division may approve; and
iv. In which all controlled substances are
segregated from all other merchandise and kept under constant surveillance
during normal business hours.
(c) Where several types or classes of
controlled substances are handled separately by the registrant or applicant for
different purposes (that is, returned goods, or goods in process), the
controlled substances may be stored separately, provided that each storage area
complies with the requirements set forth in this Section.
(d) The controlled substances storage areas
shall be accessible only to an absolute minimum number of specifically
authorized employees. When it is necessary for employee maintenance personnel,
nonemployee maintenance personnel, business guests or visitors to be present in
or pass through controlled substances storage areas, the registrant shall
provide for adequate observation of the area by an employee specifically
authorized in writing.
(e) A
registrant or authorized agent may request an exception from the provisions of
this subchapter from the Division, when, due to the bulk volume of the
controlled substance, achieving the required level of security may appear to be
economically unreasonable or technically infeasible. Upon receipt of a request,
the Division will assess the physical arrangements of the present or proposed
security system. Based on considerations of public health and safety, the
Division may accept a lesser level of security. A final decision of the
Division, and the reasons therefore, shall be entered upon the records of the
Division and sent to the registrant or authorized agent.
