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Pennsylvania Statutes Title 35 P.S. Health and Safety § 780-135. Promulgation of regulations

Current as of January 01, 2026 | Updated by Findlaw Staff

(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),  1. known as the “Commonwealth Documents Law” 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.”

1  45 P.S. § 1101 et seq.
2  35 P.S. § 780-113.1.
3  71 P.S. § 232.
4  71 P.S. § 745.1 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 780-135. Promulgation of regulations - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-135/

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