D.C. Mun. Regs. tit. 17, r. 17-901

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 17-901 - EXEMPTIONS

901.1 The products prohibited for sale under this chapter shall not apply to:

(a) Any herbal or plant material containing synthetic chemicals or chemical compounds which:

(1) Require a prescription;

(2) Are approved by the Food and Drug Administration;

(3) Are dispensed in accordance with District and federal law; and/or

(4) Are subject to the jurisdiction of a federal entity.

(b) Any material containing synthetic chemicals or chemical compounds which:

(1) Require a prescription;

(2) Are approved by the Food and Drug Administration; and/or

(3) Are dispensed in accordance with District and federal law.

901.2 A business subject to§ 900.1 that believes any of its products should not be subject to prohibition shall submit a request for an exemption on a form provided by the Department of Consumer and Regulatory Affairs (DCRA).

901.3 In its request for exemption, the business shall provide a basis for the exemption, including a description of the product(s) and an affirmation by the business licensee that, to the best of the business licensee's knowledge, the product(s) are not used by consumers to achieve a high, euphoria, relaxation, mood enhancement, hallucinogenic effect or other mind or body-altering effect.

901.4 If an exemption request is granted, DCRA:

(a) May conduct on-site inspections of the business; and

(b) Shall require the business licensee to maintain purchase and sales records for any products that have been issued an exemption, which the licensee shall provide upon request by any official from DCRA, the D.C. Metropolitan Police Department, or the D.C. Department of Health.

901.5 If DCRA denies an exemption request, the business licensee may submit to the DCRA Director or designee a request for reconsideration. The DCRA Director or designee shall have fifteen business (15) days to issue a written determination on the request for reconsideration.

901.6 In determining whether to issue an exemption under this section, DCRA may seek recommendations from the D.C. Metropolitan Police Department, the D.C. Department of Health, or other government agencies having expertise with synthetic drugs.

D.C. Mun. Regs. tit. 17, r. 17-901

Final Rulemaking published at 61 DCR 12217 (November 28, 2014)