(a) Conditional exemptions. Provided the conditions of subsection (b) of this section are met, the following are exempted from the requirements of this chapter:
(1) Hazardous waste pharmaceuticals that are also listed on a schedule of controlled substances by the Drug Enforcement Administration in 21 Code of Federal Regulations (CFR) Part 1308; and
(2) Household waste pharmaceuticals that are collected in a take-back event or program, including those that are collected by an authorized collector (as defined by the Drug Enforcement Administration) registered with the Drug Enforcement Administration that commingles the household waste pharmaceuticals with controlled substances from an ultimate user (as defined by the Drug Enforcement Administration).
(b) Conditions for exemption. The hazardous waste pharmaceuticals must be:
(1) managed in compliance with the sewer prohibition of §335.761 of this title (relating to Prohibition of Sewering Hazardous Waste Pharmaceuticals);
(2) collected, stored, transported, and disposed of in compliance with all applicable Drug Enforcement Administration regulations for controlled substances; and
(3) destroyed by a method that Drug Enforcement Administration has publicly deemed in writing to meet their non-retrievable standard of destruction or combusted at one of the following:
Source Note: The provisions of this §335.763 adopted to be effective February 3, 2022, 47 TexReg 318