N.M. Admin. Code § 16.19.20.38

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.19.20.38 - DISPOSITION OF UNUSABLE, OUTDATED OR UNWANTED CONTROLLED SUBSTANCES

A. Disposition shall be in accordance with DEA regulation 21 CFR Part 1317 (or successor regulation).

B. A registrant, other than a manufacturer, distributor, reverse distributor, importer, exporter, or narcotic treatment program, in possession of any controlled substances and desiring or required to dispose of such substances(s) may contact the Special Agent in Charge of the DEA in the area in which the registrant is located by submitting one copy of the DEA form 41 listing the controlled substance(s) which the registrant desires to dispose for authority and instructions to dispose of such substance (21 CFR 1317.05). The registrant shall keep a written memorandum report, and use DEA form 41 to record the destruction.

C. Any registrant in possession of any controlled substances and desiring or required to dispose of such substances(s) may:

(1) Promptly deliver that controlled substance to a reverse distributor's registered location by common or contract carrier pick-up or by reverse distributor pick-up at the registrant's registered location;

(2) For the purpose of return or recall, promptly deliver that controlled substance by common or contract carrier pick-up or pick-up by other registrants at the registrant's registered location to: the registered person from whom it was obtained, the registered manufacturer of the substance, or another registrant authorized by the manufacturer to accept returns or recalls on the manufacturer's behalf.

D. Records of disposition shall be maintained in proper form and available for inspection for at least three years.

N.M. Admin. Code § 16.19.20.38

16.19.20.38 NMAC -Rp 16 NMAC 19.20.17, 07-15-02, Adopted by New Mexico Register, Volume XXIX, Issue 12, June 26, 2018, eff. 6/26/2018, Amended by New Mexico Register, Volume XXX, Issue 23, December 17, 2019, eff. 12/17/2019