Two producers of elemental phosphorus requested that large transactions be exempted when shipped in reusable containers with capacities of 2500 or 2800 gallons. DEA has determined that these civil penalty provisions alone are not adequate to prevent illicit use of these chemicals and the unregulated sale to the general public continues to be a source of diversion. The commentor stated that the Special. No additional fees are required to make such additions. DEA agrees that return shipments should not be impacted by this regulation. Tools Red phosphorus can be converted to white phosphorus by careful heating. Phosphorus in its elemental form can com in the form of P4 molecules (white phosphorous) or as a covalent network (red and black phosphorus) Where are strike-anywhere matches illegal? Therefore, all transactions regardless of size will be considered "regulated transactions". Legislation. It will not have a significant economic impact on a substantial number of small business entities. CMEA Required Training & Self-Certification Nonetheless, it is likely that chemical handlers already maintain records of shipments and customers even if shipping papers are not required. Handlers of these chemicals will also be required to maintain records and meet CSA import/export notification requirements for "regulated transactions" of these chemicals. Submit a Tip to DEA DEA became aware of these issues via comments received in response to the September 25, 2000 NPRM (65 FR 57577). Ephedrine is no longer as freely as available as it once was, and the rise of the so-called "shake and bake" method of producing methamphetamine has all but eliminated what little use remained of elemental phosphorus in the illegal drug trade. This final rule will also establish, on an interim basis, a waiver from the registration requirement for such activity. 822(e) and 958(h). While unlicensed phosphorus trade in the USA is illegal, I'd be willing to bet that well in excess of 90% of the … It exists as a polymeric network. While googling chemical (i.e. Additionally, the NPRM defined an application process by which manufacturers may apply for an exemption for chemical mixtures that do not qualify for automatic exemption. DEA has evidence that indicates that small transactions are being diverted for illicit use. The principal chemicals are ephedrine or pseudoephedrine, iodine, and red phosphorus. A black crystalline form of phosphorus is also occasionally made and is similar to graphite in its physical, thermal and electrical properties. Administrative practice and procedure, Drug traffic control, List I and List II chemicals, Reporting and recordkeeping requirements. The temporary exemption applies solely to the registration requirement; all other chemical control requirements, including recordkeeping and reporting, are effective on November 16. Red phosphorus is usually prepared as a powder and is more stable and less toxic than the white form. Examples of these salts include: Ammonium hypophosphite, calcium hypophosphite, iron hypophosphite, potassium hypophosphite, manganese hypophosphite, magnesium hypophosphite and sodium hypophosphite. Title 21 Code of Federal RegulationsTitle 21 USC Codified CSA, U.S. DEPARTMENT OF JUSTICE • DRUG ENFORCEMENT ADMINISTRATION Red Phosphorus 1; Safrole and any essential oil containing 4% or more safrole; White Phosphrus 1; 1 These six new substances come into force on January 31 st, 2006. REACH; CLP; BPR; PIC; CAD/CMD (OELs) WFD; POPs; Consultations. However, DEA wishes to emphasize that registration is by individual location (and not by chemicals handled). Red phosphorus is the most concentrated source of phosphorus and has the highest content of phosphorus among phosphorus-based flame retardantsRed Phosphorus is a component of matchbook strike plates and is used as an ingredient in certain commercial rat and cockroach poisons. is it illegal to purchase anhydrous ammonia or red phosphorus in Ohio without any special license? Constituent 1. Therefore, in order to allow continued legitimate commerce in these listed chemicals, DEA is establishing in 21 CFR 1310.09 a temporary exemption from the registration requirement for persons desiring to distribute, import, or export red phosphorus, white phosphorus and hypophosphorous acid (and its salts), provided that DEA receives a properly completed application for registration on or before December 17, 2001. No it is not. 2001. Shipping to: 20147. Illegal Drugs Just Say 'No' to Drugs Prescription Abuse Prescription Addiction Slogans Against Drugs Street Prices Street Drugs Urine Screening War on Drugs. Relevance. > Is White Phosphorus illegal for militaries to use? Red Phosphorus/Red Pot: Creates Red Phosphorus Production: Put over stove. Answer Save. Given the small quantities of these chemicals necessary for the production of methamphetamine, no threshold is being established for domestic and international transactions. Save this search. DEA also recognizes the difficulty in quantifying the residual amounts of red and white phosphorus contained in these rail cars and isotainers. The horror! (APA) to forgo a Notice of Proposed Rulemaking for the exclusion and waivers. Only one registration is required for a firm which handles multiple listed chemicals at a single location. For every pound of meth synthesized there are six or more pounds of hazardous materials or chemicals produced. RED PHOSPHORUS Authors: Charles Salocks, PhD, DABT and Karlyn Black Kaley, PhD, DABT ... Introduction ; The clandestine synthesis of methamphetamine (meth) and other illegal drugs is a growing public health and environmental concern. Notice of Registration, Program Description [DOCID:fr17oc01-3], Control of Red Phosphorus, White Phosphorus and Hypophosphorous Acid (and its salts) as List I Chemicals. The customers will not be subject to registration or recordkeeping requirements for the return of reusable containers to the producer. Theft/Loss ReportingImport/Export You can obtain it by boiling urine with carbon or by reacting bone-ash with sulfuric acid and carbon. 39 results for red phosphorus. Standard commercial red phosphorus is nearly completely amorphous, its color ranging from dark brown to violet. Year-End Reports, Cases Against Doctors The public health consequences of the manufacture, trafficking, and abuse of methamphetamine are well known and documented. the University of Tennessee, Knoxville, that is published on the Internet. 802(39)(A)(iii), to remove certain transactions in listed chemicals from the definition of regulated transaction. Red phosphorus is usually prepared as a powder and is more stable and less toxic than the white form. As such, the manufacture of methamphetamine requires only small quantities of these chemicals. In short, it's a headache and it's very uncomfortable for amateur chemists/experimentalists. Hypophosphorous acid shipments should be documented, but shipments of the hypophosphites may not be. legal entity composition of the substance State Form: solid: bulk. Red phosphorus was discovered later on, in the 1840’s, when white phosphorus was heated to around 300 degrees Celsius in the absence of air. 802(34) and 21 CFR 1310.02(c), provide the Attorney General with the authority to specify, by regulation, additional chemicals as "List I" chemicals if they are used in the manufacture of a controlled substance in violation of the CSA and are important to the manufacture of the controlled substance. The ensuing red, powdery substance is probably most famous for its use in safety matches. Therefore these firms would not be required to obtain a new registration, and instead, would only be required to add additional chemicals to their existing registration. Not in, and of, itself. This rulemaking does not preempt or modify any provision of state law; nor does it impose enforcement responsibilities on any state; nor does it diminish the power of any state to enforce its own laws. The requirement of registration is waived for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer, in reusable rail cars and isotainers (with capacities greater than or equal to 2500 gallons in a single container). While the general tone of the comments was supportive of efforts to prevent the flow of listed chemicals to clandestine laboratories, the commenters raised a number of concerns regarding certain provisions of the proposed regulation. Manufacturers, distributors, importers and exporters of white phosphorus, red phosphorus and hypophosphorous acid (and its salts) will be required to register with DEA pursuant to the provisions of 21 CFR part 1309. Reference substance name: phosphorus EC Number: 918-594-3 CAS Number: 7723-14-0 Molecular formula: (P)n (Phosphorus red modification) IUPAC Name: phosphorus. Therefore, this action has not been reviewed by the Office of Management and Budget. It exists as P4 molecules. Red phosphorus does not react spontaneously in the air, and so, it is much safer than white phosphorus. White phosphorus is often incorrectly labeled as an “incendiary weapon” or a “chemical weapon.” Under the LOAC, it is legally neither. This rule is not a major rule as defined by Section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. Unlike white allotrope, it is nontoxic. DATES: Effective Date: This final rule is effective November 16, 2001. When time runs out, use your "E" or "Use" key to extract. 1 decade ago . In this process, red phosphorus is mixed with iodine to produce hydriodic acid. SUMMARY: This rulemaking finalizes a September 25, 2000 Notice of Proposed Rulemaking (65 FR 57577) in which DEA proposed the addition of red phosphorus, white phosphorus (also known as yellow phosphorus) and hypophosphorous acid (and its salts) as List I chemicals. Additionally, DEA is waiving the registration requirement pursuant to 21 CFR 1309.29(c) for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer in reusable rail cars and isotainers (with capacities greater than or equal to 2500 gallons in a single container). It is obtained from white phosphorus by heating the latter substance to a temperature of 250 degrees C, according to a 2005 lecture by Professor Yihui Yang at the University of Tennessee, Knoxville, that is published on the Internet. Phosphorus is a chemical element with symbol P and atomic number 15. While hypophosphorous acid (H3PO2) is most commonly sold as 10%, 30% or 50% solutions, control will apply to all aqueous dilutions of hypophosphorous acid. Red phosphorus is used in the manufacture of pyrotechnics,safety matches,semiconductors, fertilizers, … red phosphorus . What Specific Chemicals Does This Regulation Include? DEA has concluded that these chemicals should be subject to registration, recordkeeping, reporting and import/export notification requirements of the CSA. This authority has been delegated to the Administrator of DEA by 28 CFR 0.100. When time runs out, use your "E" or "Use" key to extract. Upon publication of this Final Notice, red phosphorus, white phosphorus and hypophosphorous acid (and its salts) shall be subject to CSA chemical regulatory controls. Since that Notice did not propose the exclusion and waivers, the general public did not have an opportunity to comment on these issues. For this reason, red phosphorus is often used in commercial fireworks and other pyrotechnic devices, such as luminous projectiles. Red phosphorus exists as an amorphous network. DEA received eight comments in response to the NPRM. The CSA (21 U.S.C. White phosphorus has to be stored in water to prevent natural combustion, but red phosphorus is stable in air. If so, what are the chances of it being detected? Since the two commenters noted that they already maintain records of these transactions, it is likely that normal business records are adequate to meet CSA recordkeeping requirements. Therefore, no threshold is being established for domestic and international transactions. DEA believes that those Internet sites which choose not to prohibit the sales of such items should, at a minimum, require sellers to provide proof of DEA registration prior to listing such items for sale. E-commerce Initiatives The International Red Cross stated that phosphorus weapons had been used in the conflict but would not comment publicly on the legality of Israel’s use of the weapon, pending further investigation, contrary to what had been attributed to the ICRC in a number of media reports. Consequently, all transactions involving these chemicals, regardless of size, shall be regulated. Manufacturers shall still be subject to registration, recordkeeping, reporting and other CSA chemical regulatory requirements pertaining to the production and distribution of listed chemicals to their customers. Medical Missions For phosphorus, compliance with EPA and DOT regulations should document such distributions. Figure 2: The four common allotropes of phosphorus. In that use, it is combined with sodium nitrate and an epoxy binder in a ratio of 80:14:6 parts by weight, respectively. [Page 52670-52675] The requirement of registration is waived for any person whose distribution of red phosphorus or white phosphorus is limited solely to residual quantities of chemical returned to the producer, in reusable rail cars and isotainers (with capacities greater than or equal to 2500 gallons in a single container). CSOS (Controlled Substances Ordering System) gained the attention of law enforcement due to its function in producing illegal methamphetamine. Drug Disposal InformationDrug and Chemical Information Denial in Addiction Barriers to Change Breaking Barriers DEA has determined that this is not a significant rulemaking action. 1 decade ago. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. The second crystalline form is red phosphorus. The Controlled Substances Act (CSA) and its implementing regulations, specifically 21 U.S.C. The transition is exothermic and is accelerated by ultraviolet rays as well as by impurities (iodine, sodium, selenium). The CSA, therefore, provides the Attorney General with authority to establish a threshold amount for "listed chemicals" if the Attorney General so elects. Chemical mixtures are currently exempt from regulatory provisions of the CSA such as recordkeeping, registration and import/export requirements. Red phosphorus can react with hydrogen to produce phosphine - but not with hot water. However, it is illegal to import, export, purchase, or sell iodine crystals in the United States if they are used or intended to be used in the production of methamphetamine. 21 U.S.C. Additionally, DEA is adding hypophosphorous acid and its salts as List I chemicals. DEA will accept comments until November 16, 2001. Why Does DEA Believe That Control of Red Phosphorus, White Phosphorus, and Hypophosphorous Acid (and its Salts) Is Necessary? Under $40.00 - apply Price filter. This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and will not significantly or uniquely affect small governments. Over $50.00 - apply Price filter. Red phosphorus can also be used in the illicit production of narcotics, including some procedures for methamphetamine. RP - Red Phosphorous. Because of its connection to meth production, the U.S. Drug Enforcement Administration regulates the sale of red phosphorus in the United States, along with white phosphorus and hypophosphorous acid (H 3 PO 2). Physical and Chemical Properties. Comment date: Written comments on 21 CFR 1309.29(b), 1309.29(c) and 1310.09(d) must be submitted on or before November 16, 2001. criminal laws relating to these listed chemicals, nor does it supersede state or local laws or regulations. One commentor stated that its red phosphorus is distributed in a thermoplastic encapsulated form and requested that such mixtures be exempted. Quota Applications Although there is only one CAS number that represents other forms of phosphorus as an element, ADI does not use or intentionally add any Red Phosphorus to its products. White phosphorus is an allotrope of phosphorus which exists as a translucent waxy solid. As a List I chemical, companies are required by law to report any suspicious activity associated with the purchase of red phosphorous. COMING INTO FORCE DATES . Because the above exemption was not discussed in the NPRM published on September 25, 2000, DEA requests. What are synonyms for Red … DEA has also noted that these chemicals have commonly been sold via the Internet to the general public. Indy Lawyer. For example, it's a component of fireworks, flares and matches; it's used to dope silicon; and it's a plant fertilizer. No it is not. Furthermore, there is the likelihood that chemical distributors represented by this trade association are already registered with DEA since they may already handle other listed chemicals. Moreover, it ignites in air at temperatures above 240 °C. If you are part of a credible lab obtaining it will be as easy as submitting a purchase order to Sigma Aldrich. Red Phosphorus General Statement To Whom It May Concern: Analog Devices Inc. (ADI) products, to the best of the Company's knowledge and after good faith inquiry, do not contain Red Phosphorus CAS# 7723-14-0. Production: Same as "Red Pot" instructions. On September 16, 1998 (63 FR 49506) DEA proposed regulations pertaining to the regulation of mixtures containing any of 34 listed chemicals. Rarely, the impure reaction mixture from the hydrogen iodide/red phosphorus route is used without further modification, usually by injection; it is called "ox blood". At the Apache County site, Tafoya and his team discovered massive amounts of iodine crystals, hidriotic acid, and red phosphorus.The suspects had been using a cooking method known as the pseudoephedrine/ephedrine reduction method, which mixes toxic chemicals to convert the drug ephedrine--a stimulant that acts on the body like the hormone adrenaline--into meth. DEA recognizes, however, that it is not possible for persons who distribute, import, or export any of these listed chemicals to immediately complete and submit an application for registration and for DEA to immediately issue registrations for those activities. Red Phosphorus General Statement To Whom It May Concern: Analog Devices Inc. (ADI) products, to the best of the Company's knowledge and after good faith inquiry, do not contain Red Phosphorus CAS# 7723-14-0. At such time, the manufacturer of chemical mixtures containing these chemicals may either qualify for automatic exemption, or may apply to DEA for exemption after documenting why the mixtures cannot be easily used in the manufacture of a controlled substance and the listed chemical cannot be readily extracted. Price. DEA strongly believes that given the nature of the diversion of red phosphorus, white phosphorus and hypophosphorous acid (and its salts), the registration requirement is necessary in order to effectively prevent diversion. Drugs (legal and illegal) Matchboxes; Flame retardant; Flares; Pesticides; Fertilisers; Bombs; Poisons; It is referred to... What problem does Phosphorus solve? DEA proposed a registration fee of $326 and re-registration fee of $171. DEA will allow 30 days for persons to comment on the exclusion and waivers. Hence, this rulemaking makes these chemicals subject to CSA regulatory controls for List I chemicals, including registration, recordkeeping, reporting, and import/export requirements as specified in 21 CFR parts 1309, 1310 and 1313. Red phosphorous is easily obtained from Sigma Aldrich. Its most problematic use has therefore been in incendiary devices: this particularly cruel weapon is illegal to use on civilians, but nonetheless has allegedly been used as recently as 2017 by the Russian-Syrian alliance in Syria and 2005 by the US-led coalition forces in Iraq. Most other forms of phosphorus and phosphorus chemicals are produced from white phosphorus. Phosphorus is a nonmetallic element that can occur in three main allotropic (i.e. Because of its use in illegal methamphetamine manufacture, it is classified as List I chemical by the DEA. Therefore DEA is excluding from the definition of regulated transaction (21 CFR 1310.08(j)), domestic transactions involving red phosphorus and white phosphorus which are return shipments (from customer to producer) in rail cars and isotainers with capacities greater than or equal to 2500 gallons. White phosphorus can react with sodium hydroxide (a chemical he … For reasons set out above, 21 CFR part 1309 and 1310 are amended as follows: Authority: 21 U.S.C. Red phosphorus is an allotrope of phosphorus that has a dark red color. Other . crystalline) forms (white, red and black). Additionally, the phosphorus-containing molecule 2,3-diphosphoglycerate (2,3-DPG) binds to hemoglobin in red blood cells and regulates oxygen delivery to the tissues of the body . When we light a firework, the heat produced in the process converts red phosphorus to white phosphorus, which then ignites when exposed to air. This waiver of registration as it pertains to distributions for waste disposal applies only to the registration requirement and all other CSA chemical regulatory controls such as recordkeeping and reporting will still apply. In the past red phosphorus was actually made from white phosphorus and the red product was often treated with hot water and steam to help purify it! The Administrator hereby certifies that this rulemaking has been drafted in a manner consistent with the principles of the Regulatory Flexibility Act (5 U.S.C. Red phosphorus does not react spontaneously in the air, and so, it is much safer than white phosphorus. The law, however, is specific on this point. This regulation is not considered to have an impact upon a substantial number of firms, given the limited distribution of these three chemicals. Red phosphorus is used in the making of methamphetamine (meth), an illegal drug. A black crystalline form of phosphorus is also occasionally made and is similar to graphite in its physical, thermal and electrical properties. Reports Required by 21 CFR *Â Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *, *Â Â Â Â Â Â Â Â *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *, *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *, *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â *Â Â Â Â Â Â Â Â Â *. It is still used in hand grenades, mortars, artillery, and other munitions by militaries around the world. You are now leaving a Department of Justice Web site. DEA is soliciting comments only on those portions of this Final Rule pertaining to these specific issues. Iodine/red phosphorus. All handlers of the listed chemicals must comply with applicable state and local requirements in addition to the CSA regulatory controls. 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