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§ 780-135. Promulgation of regulations

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: August 8, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
Effective: August 8, 2016
35 P.S. § 780-135
§ 780-135. Promulgation of regulations
(a) The secretary shall have the authority to promulgate in accordance with the provisions of this section and of the act of July 31, 1968 (P.L. 769, No. 240), known as the “Commonwealth Documents Law”1 any regulations hereinbefore referred to in this act and such other regulations with the consent of the board regarding the possession, distribution, sale, purchase or manufacture of controlled substances, other drugs or devices or cosmetics as may be necessary to aid in the enforcement of this act.
(b) The following apply to a regulation adding a chemical to the definition of “precursor substance” in section 13.1(d):2
(1) The secretary may promulgate the regulation:
(i) as part of the administration of this act; or
(ii) in response to a petition of an interested party.
(2) In determining whether to add a chemical, the secretary shall consider all of the following:
(i) Whether the chemical is already a controlled substance.
(ii) The availability of the chemical for potential illegal diversion.
(iii) The historical, actual or potential use of the chemical in the illegal production of a controlled substance, including the scope, duration and significance of use.
(iv) The nature and extent of the legitimate uses of the chemical.
(v) The clandestine and legitimate importation, manufacture or distribution of the chemical.
(vi) Any other factors relevant to and consistent with public health and safety.
(3) Promulgation of the regulation is exempt from section 612 of the act of April 9, 1929 (P.L. 177, No. 175),3 known as “The Administrative Code of 1929,” and the act of June 25, 1982 (P.L. 633, No. 181),4 known as the “Regulatory Review Act.”

Credits

1972, April 14, P.L. 233, No. 64, § 35, eff. June 14, 1972. Amended 2016, June 8, P.L. 258, No. 37, § 4, effective in 60 days [Aug. 8, 2016].

Footnotes

45 P.S. § 1101 et seq.
35 P.S. § 780-113.1.
71 P.S. § 232.
71 P.S. § 745.1 et seq.
35 P.S. § 780-135, PA ST 35 P.S. § 780-135
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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