The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Annual permit--A permit issued to a person by the director under this subchapter authorizing the person to receive or deliver a precursor or apparatus for one year from the date of issue or renewal. (2) Apparatus--An item of chemical laboratory equipment covered by this subchapter, that is designed, made, or adapted to manufacture a controlled substance or a controlled substance analogue. This term: (A) does not include any item expressly deleted from the list of apparatus in §13.116 of this title (relating to Additions or Deletions) after being determined by the director to no longer jeopardize public health and welfare by evidenced proliferation or use in clandestine laboratories or other illicit manufacturer of a controlled substance or controlled substance analogue; and (B) includes, except as provided by subparagraph (A) of this paragraph: (i) any item listed under the Act, §481.080(a); and (ii) any additional items expressly named to the list in §13.116 of this title (relating to Additions or Deletions) after being determined by the director to jeopardize public health and welfare by evidenced proliferation or use in clandestine laboratories or other illicit manufacturer of a controlled substance or controlled substance analogue. (3) Clandestine laboratory--An illicit chemical laboratory or similar operation consisting of a sufficient combination of precursor and apparatus items used or usable in the illicit manufacture or synthesis of a controlled substance or a controlled substance analogue. (4) Deliver--To sell, transfer, or otherwise furnish a precursor or apparatus. The term includes taking an order to furnish a precursor or apparatus. (5) Distributor--A manufacturer, wholesaler, broker, repacker, jobber, association, corporation, partnership, or a person who sells, transfers, or otherwise furnishes a precursor or apparatus. (6) Legitimately established business or Business--A business that conforms to all recognized and accepted principles, standards, rules, and laws governing the activities of manufacturing, purchasing, selling, trading, or otherwise lawfully dealing with commodities. While the business engages in such activities, the term includes an individual, corporation, government, business trust, estate, trust, partnership, association, or other legal entity. (7) Located in this state--The person or the person's business office: (A) is physically located in Texas; (B) maintains a Texas mailing address for business conduct relating to a precursor or apparatus; (C) processes or fills orders from a warehouse, branch office, or other site physically located in Texas; or (D) takes an order using an employee or agent who is physically located in Texas at the time the order is taken. (8) NAR-22--A DPS Form NAR-22 furnished by the director and used to report a transaction under this subchapter. (9) One-time permit--A permit issued by the director to a person authorizing a single receipt or distribution of a precursor or apparatus. (10) Otherwise furnish--To initiate a transaction resulting or intending to result in the receipt or distribution of a precursor or apparatus to a person in this state, regardless of whether the person initiating the transaction is the owner or possessor of the item or merely a broker. (11) Permit application--A form obtained from the director (PCLAS) and submitted by a person seeking a one-time or annual permit to receive or deliver a precursor or apparatus under this subchapter. (12) Precursor or chemical precursor--A chemical substance item covered by this subchapter and commonly used in the illicit manufacture of a controlled substance or a controlled substance analogue. (A) The term includes: (i) a chemical precursor listed under the Act, §481.002(51); and (ii) any additional items expressly named to the list in §13.116 of this title (relating to Additions or Deletions) after being determined by the director to jeopardize public health and welfare by evidenced proliferation or use in clandestine laboratories or other illicit manufacturer of a controlled substance or controlled substance analogue. (B) The term does not include: (i) any item expressly deleted from the list of precursors in §13.116 of this title (relating to Additions and Deletions) after being determined by the director to no longer jeopardize public health and welfare by evidenced proliferation or use in clandestine laboratories or other illicit manufacturer of a controlled substance or controlled substance analogue; or (ii) an immediate precursor under §13.117 of this title (relating to Immediate Precursor List). (13) Recipient--A person who receives, orders, or otherwise seeks to receive a precursor or apparatus, whether through purchase, lease, loan, gift, or other transfer. (14) Waiting period--The 21-day period required before a person may lawfully receive or deliver a precursor or apparatus under the Act, §481.077(f) or §481.080(g). (15) Immediate precursor--A chemical substance item listed in §13.117 of this title (relating to Immediate Precursor List). (16) Wholesale distributor--A distributor who sells, transfers, or otherwise furnishes a product containing ephedrine, pseudoephedrine, or norpseudoephedrine to a retailer. (17) Suspicious quantity order--The circumstances of the sale or transfer of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine would lead a reasonable person to believe the substance is likely to be used for the purpose of unlawfully manufacturing a controlled substance due to any of the following: (A) the method of payment; (B) the method of requested delivery; (C) the amount greatly exceeds previous orders; (D) the amount exceeds the threshold as set by the United States Drug Enforcement Administration; or (E) any other circumstance that the wholesale distributor determines to be suspicious. |
