Page:United States Statutes at Large Volume 102 Part 5.djvu/311

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4317

substance in violation of this title, and such term includes (until otherwise specified by r ^ u l a t i o n of the Attorney General, as considered appropriate by the Attorney General or upon petition to the Attorney General by any person) the following chemicals: "(A) Acetic anhydride. "(B) Acetone. "(C) Benzyl chloride. "(D) Ethyl ether. "(E) Hydriodic acid. "(F) Potassium permanganate. "(G) 2-Butanone. "(H) Toluene. "(36) The term ' r ^ u l a r customer' means, with respect to a regulated person, a customer with whom the regulated person has an established business relationship that is reported to the Attorney General. "(37) The term ' r ^ u l a r supplier' means, with respect to a r ^ u lated person, a supplier with whom the regulated person has an established business relationship that is reported to the Attorney General. "(38) The term ' r ^ u l a t e d person' means a person who manufactures, distributes, imports, or exports a listed chemical, a tableting macMne, or an encapsulating machine. "(39) The term ' r ^ ^ a t e d transaction' means— "(A) a distribution, receipt, sale, importation or exportation of a threshold amount, including a cumulative threshold amount for multiple transactions (as determined by the Attorney General, in consultation with the chemical industry and taking into consideration the quantities normally used for lawful purposes), of a listed chemical, except that such term does not include— "(i) a domestic lawful distribution in the usual course of business between agents or employees of a single regulated person; "(ii) a delivery of a listed chemical to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier, or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman, except that if the carriage or storage is in connection with the distribution, importation, or exportation of a listed chemical to a third person, this clause does not relieve a distributor, importer, or exporter from compliance with section 310; "(iii) any c a t ^ o r y of transaction specified by r^ulation of the Attorney General as excluded from this definition as unnecessary for enforcement of this title or title III; "(iv) any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act; or "(v) any transaction in a chemical mixture; and "(B) a distribution, importation, or exportation of a tableting machine or encapsulating machine. "(40) The term 'chemical mixture' means a combination of two or more chemical substances, at least one of which is not a listed precursor chemical or a listed essential chemical, except that such term does not include any combination of a listed precursor chemi-

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