N.J. Admin. Code § 13:45H-2.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45H-2.1 - Security requirements generally

(a) All applicants and registrants shall provide effective controls and procedures to guard against theft and diversion of controlled substances. In order to determine whether a registrant has provided effective controls against diversion, the Division shall use the security requirements set forth in N.J.A.C. 13:45H-2.2, 2.3 and 2.5 as standards for the physical security controls and operating procedures necessary to prevent diversion. Materials and construction which will provide a structural equivalent to the physical security controls set forth in N.J.A.C. 13:45H-2.2, 2.3 and 2.5 may be used in lieu of the materials and construction described in those sections.

(b) Substantial compliance with the standards set forth in N.J.A.C. 13:45H-2.2 through 2.6 may be deemed sufficient by the Division after evaluation of the overall security system and needs of the applicant or registrant. In evaluating the overall security system of a registrant or applicant, the Division may consider any of the following factors as the Division may deem relevant to the need for strict compliance with security requirements:

1. The type of activity conducted (e.g., processing of bulk chemicals, preparing dosage forms, packaging, labeling, co-operative buying, and so forth);

2. The type and form of controlled substances handled (e.g., bulk liquids or dosage units, usable powders or nonusable powders);

3. The quantity of controlled substances handled;

4. The location of the premises and the relationship such location bears on security needs;

5. The type of building construction comprising the facility and the general characteristics of the building or buildings;

6. The type of vault, safe, and secure enclosures or other storage system (e.g., automatic storage and retrieval system) used;

7. The type of closures on vaults, safes, and secure enclosures;

8. The adequacy of key control systems and/or combination lock control systems;

9. The adequacy of electric detection and alarm systems, if any, including use of supervised transmittal lines and standby power sources;

10. The extent of unsupervised public access to the facility, including the presence and characteristics of perimeter fencing, if any;

11. The adequacy of supervision over employees having access to manufacturing and storage areas;

12. The procedures for handling business guests, visitors, maintenance personnel, and nonemployee service personnel;

13. The availability of local police protection or of the registrant's or applicant's security personnel, and;

14. The adequacy of the registrant's or applicant's system for monitoring the receipt, manufacture, distribution, and disposition of controlled substances in its operations.

(c) When physical security controls become inadequate as a result of a controlled substance being transferred to a different schedule, or as a result of a significant increase in the quantity of controlled substances in the possession of the registrant during normal business operations, the physical security controls shall be expanded and extended accordingly. A registrant may adjust physical security controls within the requirements set forth in N.J.A.C. 13:45H-2.2 through 2.6 when the need for such controls decreases as a result of a controlled substance being transferred to a different schedule, or a result of a controlled substance being removed from control, or as a result of a significant decrease in the quantity of controlled substances in the possession of the registrant during normal business operations.

(d) Any registrant or applicant desiring to determine whether a proposed security system substantially complies with, or is the structural equivalent of, the requirements set forth in N.J.A.C. 13:45H-2.2 through 2.6 may submit any plans, blueprints, sketches or other materials regarding the proposed security system to the Drug Control Unit.

(e) Physical security controls of locations licensed under the New Jersey Uniform Narcotic Drug Act (N.J.S.A. 24:18-1 et seq.) on January 17, 1971, shall be deemed to comply substantially with the standards set forth in N.J.A.C. 13:45H-2.2, 2.3 and 2.5. Any new facilities or work or storage area constructed or utilized for controlled substances, which facilities or work or storage areas have not been previously approved by the Drug Control Unit, shall not necessarily be deemed to comply substantially with the standards set forth in N.J.A.C. 13:45H-2.2, 2.3 and 2.5, notwithstanding that such facilities or work or storage areas have physical security controls similar to those previously approved by the Drug Control Unit.

N.J. Admin. Code § 13:45H-2.1

Amended by 47 N.J.R. 2300(a), effective 9/8/2015