DEFINITIONS.

SEC. 6054. DEFINITIONS. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended— (1) in paragraph (8), by inserting “or a listed chemical” after “a controlled substance”; (2) in paragraph (11), by inserting “or a listed chemical” after “a controlled substance” both places it appears; and (3) by adding at the end the following new paragraphs: “(33) The term ‘listed chemical’ means any listed precursor chemical or listed essential chemical. “(34) The term ‘listed precursor chemical’ means a chemical specified by regulation of the Attorney General as a chemical that is used in manufacturing a controlled substance in violation of this title and is critical to the creation of the controlled substances, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following: “(A) Anthranilic acid and its salts. “(B) Benzyl cyanide. “(C) Ephedrine, its salts, optical isomers, and salts of optical isomers. “(D) Ergonovine and its salts. “(E) Ergotamine and its salts. “(F) N-Acetylanthranilic acid and its salts. “(G) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers. “(H) Phenylacetic acid and its salts. “(I) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers. “(J) Piperidine and its salts. “(K) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers. “(L) 3,4-Methylenedioxyphenyl-2-propanone. “(35) The term ‘listed essential chemical means a chemical specified by regulation of the Attorney General as a chemical that is used as a solvent, reagent, or catalyst in manufacturing a controlled 102 STAT. 4317 substance in violation of this title, and such term includes (until otherwise specified by regulation of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals: “(A) Acetic anhydride. “(B) Acetone. “(C) Benzyl chloride. “(D) Ethyl ether. “(E) Hydriodic acid. “(F) Potassium permanganate. “(G) 2-Butanone. “(H) Toluene. “(36) The term ‘regular customer’ means, with respect to a regulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General. “(37) The term ‘regular supplier’ means, with respect to a regulated person, a supplier with whom the regulated person has an established business relationship that is reported to the Attorney General. “(38) The term ‘regulated person’ means a person who manufactures, distributes, imports, or exports a listed chemical, a tableting machine, or an encapsulating machine. “(39) The term ‘regulated transaction’ means— “(A) a distribution, receipt, sale, importation or exportation of 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 with section 310; “(iii) any category of transaction specified by regulation of the Attorney General as excluded from this definition as unnecessary for enforcement of this title or title III; “(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; or “(v) any transaction in a chemical mixture; and “(B) a distribution, importation, or exportation of a tableting machine or encapsulating machine. “(40) The term ‘chemical mixture’ means a combination of two or more chemical substances, at least one of which is not a listed precursor chemical or a listed essential chemical, except that such term does not include any combination of a listed precursor chemi-102 STAT. 4318cal or a listed essential chemical with another chemical that is present solely as an impurity.”.