Current through Register Vol. 48, No. 9, September 27, 2024
(a) Any registrant desiring to discontinue
business activities altogether or with respect to controlled substances
(without transferring such business activities to another person) shall return
for cancellation his or her South Carolina Controlled Substances Certificate of
Registration to the Bureau of Drug Control, DHEC, 2600 Bull Street, Columbia,
SC 29201. His or her Federal Controlled Substances Certificate of Registration
and any un-executed order forms shall be returned to the DEA, 1835 Assembly
Street, Suite 1229, Columbia, SC 29201.
(b) Any registrant desiring to discontinue
business activities altogether or with respect to controlled substances (by
transferring such business activities to another person) shall submit in person
or by registered or certified mail, return receipt requested, to the Bureau
Director at least 14 days in advance of the date of the proposed transfer
(unless the Bureau Director waives this time limitation in individual
instances), the following information:
(1)
The name, address, registration number, and authorized business activity of the
registrant discontinuing the business (registrant-transferor);
(2) The name, address, registration number,
and authorized business activity of the person acquiring the business
(registrant-transferee);
(3)
Whether the business activities will be continued at the location registered by
the person discontinuing business, or moved to another location (if the latter,
the address of the new location should be listed);
(4) Whether the registrant-transferor has a
quota to manufacture or procure any controlled substance listed in schedule I
or II (if so, the basic class or class of the substance should be indicated);
and
(5) The date on which the
transfer of controlled substances will occur.
(c) Unless the registrant-transferor is
informed by the Bureau Director, before the date on which the transfer was
stated to occur, that the transfer may not occur, the registrant-transferor may
distribute (without being registered to distribute) controlled substances in
his or her possession to the registrant-transferee in accordance with the
following:
(1) On the date of transfer of the
controlled substances, a complete inventory of all controlled substances being
transferred shall be taken in accordance with Part 700 of this Regulation. This
inventory shall serve as the final inventory of the registrant-transferor and
the initial inventory of the registrant-transferee, and a copy of the inventory
shall be included in the records of each person. It shall not be necessary to
file a copy of the inventory with the Bureau of Drug Control unless requested
by the Bureau Director. Transfers of any substances listed in schedules I or II
shall require the use of order forms in accordance with Part 1305 of the
Federal Regulations.
(2) On the
date of transfer of the controlled substances, all records required to be kept
by the registrant-transferor with reference to the controlled substances being
transferred, under Parts 600 through 800 of this Regulation, shall be
transferred to the registrant-transferee. Responsibility for the accuracy of
records prior to the date of transfer remains with the transferor, but
responsibility for custody and maintenance shall be upon the
transferee.
(3) In the case of
registrants required to make reports pursuant to Parts 600 through 800 of this
Regulation, a report marked "Final" will be prepared and submitted by the
registrant-transferor showing the disposition of all the controlled substances
for which a report is required; no additional report will be required from him
or her, if no further transactions involving controlled substances are
consummated by him or her. The initial report of the registrant-transferee
shall account for transactions beginning with the day next succeeding the date
of discontinuance or transfer of business by the transferor-registrant, and the
substances transferred to him or her shall be reported as receipts in his or
her initial report.
