Current through Register Vol. 56, No. 6, March 18, 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.
