11100-11107.1
HEALTH AND SAFETY CODE
SECTION 11100-11107.1
11100. (a) Any manufacturer, wholesaler, retailer, or other person
or entity in this state that sells, transfers, or otherwise furnishes
any of the following substances to any person or entity in this
state or any other state shall submit a report to the Department of
Justice of all of those transactions:
(1) Phenyl-2-propanone.
(2) Methylamine.
(3) Ethylamine.
(4) D-lysergic acid.
(5) Ergotamine tartrate.
(6) Diethyl malonate.
(7) Malonic acid.
(8) Ethyl malonate.
(9) Barbituric acid.
(10) Piperidine.
(11) N-acetylanthranilic acid.
(12) Pyrrolidine.
(13) Phenylacetic acid.
(14) Anthranilic acid.
(15) Morpholine.
(16) Ephedrine.
(17) Pseudoephedrine.
(18) Norpseudoephedrine.
(19) Phenylpropanolamine.
(20) Propionic anhydride.
(21) Isosafrole.
(22) Safrole.
(23) Piperonal.
(24) Thionylchloride.
(25) Benzyl cyanide.
(26) Ergonovine maleate.
(27) N-methylephedrine.
(28) N-ethylephedrine.
(29) N-methylpseudoephedrine.
(30) N-ethylpseudoephedrine.
(31) Chloroephedrine.
(32) Chloropseudoephedrine.
(33) Hydriodic acid.
(34) Gamma-butyrolactone, including butyrolactone; butyrolactone
gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2
(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide;
4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric
acid lactone and 4-hydroxybutanoic acid lactone with Chemical
Abstract Service number (96-48-0).
(35) 1,4-butanediol, including butanediol; butane-1,4-diol;
1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane;
1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene
1,4-diol with Chemical Abstract Service number (110-63-4).
(36) Red phosphorus, including white phosphorus, hypophosphorous
acid and its salts, ammonium hypophosphite, calcium hypophosphite,
iron hypophosphite, potassium hypophosphite, manganese hypophosphite,
magnesium hypophosphite, sodium hypophosphite, and phosphorous acid
and its salts.
(37) Iodine or tincture of iodine.
(38) Any of the substances listed by the Department of Justice in
regulations promulgated pursuant to subdivision (b).
(b) The Department of Justice may adopt rules and regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code that add substances
to subdivision (a) if the substance is a precursor to a controlled
substance and delete substances from subdivision (a). However, no
regulation adding or deleting a substance shall have any effect
beyond March 1 of the year following the calendar year during which
the regulation was adopted.
(c) (1) (A) Any manufacturer, wholesaler, retailer, or other
person or entity in this state, prior to selling, transferring, or
otherwise furnishing any substance specified in subdivision (a) to
any person or business entity in this state or any other state, shall
require (A) a letter of authorization from that person or business
entity that includes the currently valid business license number or
federal Drug Enforcement Administration (DEA) registration number,
the address of the business, and a full description of how the
substance is to be used, and (B) proper identification from the
purchaser. The manufacturer, wholesaler, retailer, or other person or
entity in this state shall retain this information in a readily
available manner for three years. The requirement for a full
description of how the substance is to be used does not require the
person or business entity to reveal their chemical processes that are
typically considered trade secrets and proprietary information.
(B) For the purposes of this paragraph, "proper identification"
for in-state or out-of-state purchasers includes two or more of the
following: federal tax identification number; seller's permit
identification number; city or county business license number;
license issued by the California Department of Health Services;
registration number issued by the Federal Drug Enforcement
Administration; precursor business permit number issued by the Bureau
of Narcotic Enforcement of the California Department of Justice;
driver's license; or other identification issued by a state.
(2) (A) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that exports a substance specified in
subdivision (a) to any person or business entity located in a foreign
country shall, on or before the date of exportation, submit to the
Department of Justice a notification of that transaction, which
notification shall include the name and quantity of the substance to
be exported and the name, address, and, if assigned by the foreign
country or subdivision thereof, business identification number of the
person or business entity located in a foreign country importing the
substance.
(B) The department may authorize the submission of the
notification on a monthly basis with respect to repeated, regular
transactions between an exporter and an importer involving a
substance specified in subdivision (a), if the department determines
that a pattern of regular supply of the substance exists between the
exporter and importer and that the importer has established a record
of utilization of the substance for lawful purposes.
(d) (1) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that sells, transfers, or otherwise furnishes a
substance specified in subdivision (a) to a person or business
entity in this state or any other state shall, not less than 21 days
prior to delivery of the substance, submit a report of the
transaction, which includes the identification information specified
in subdivision (c), to the Department of Justice. The Department of
Justice may authorize the submission of the reports on a monthly
basis with respect to repeated, regular transactions between the
furnisher and the recipient involving the substance or substances if
the Department of Justice determines that a pattern of regular supply
of the substance or substances exists between the manufacturer,
wholesaler, retailer, or other person or entity that sells,
transfers, or otherwise furnishes the substance or substances and the
recipient of the substance or substances, and the recipient has
established a record of utilization of the substance or substances
for lawful purposes.
(2) The person selling, transferring, or otherwise furnishing any
substance specified in subdivision (a) shall affix his or her
signature or otherwise identify himself or herself as a witness to
the identification of the purchaser or purchasing individual, and
shall, if a common carrier is used, maintain a manifest of the
delivery to the purchaser for three years.
(e) This section shall not apply to any of the following:
(1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician, dentist,
podiatrist, or veterinarian.
(2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her patients.
(3) Any manufacturer or wholesaler licensed by the California
State Board of Pharmacy that sells, transfers, or otherwise furnishes
a substance to a licensed pharmacy, physician, dentist, podiatrist,
or veterinarian, or a retail distributor as defined in subdivision
(h), provided that the manufacturer or wholesaler submits records of
any suspicious sales or transfers as determined by the Department of
Justice.
(4) Any analytical research facility that is registered with the
federal Drug Enforcement Administration of the United States
Department of Justice.
(5) A state-licensed health care facility that administers or
furnishes a substance to its patients.
(6) (A) Any sale, transfer, furnishing, or receipt of any product
that contains ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine and which is lawfully sold, transferred, or
furnished over the counter without a prescription pursuant to the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or
regulations adopted thereunder. However, this section shall apply to
preparations in solid or liquid dosage form, except pediatric liquid
forms, as defined, containing ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine where the individual
transaction involves more than three packages or nine grams of
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine.
(B) Any ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine product subsequently removed from exemption
pursuant to Section 814 of Title 21 of the United States Code shall
similarly no longer be exempt from any state reporting or permitting
requirement, unless otherwise reinstated pursuant to subdivision (d)
or (e) of Section 814 of Title 21 of the United States Code as an
exempt product.
(7) The sale, transfer, furnishing, or receipt of any betadine or
povidone solution with an iodine content not exceeding 1 percent in
containers of eight ounces or less, or any tincture of iodine not
exceeding 2 percent in containers of one ounce or less, that is sold
over the counter.
(8) Any transfer of a substance specified in subdivision (a) for
purposes of lawful disposal as waste.
(f) (1) Any person specified in subdivision (a) or (d) who does
not submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information shall be
punished by imprisonment in a county jail not exceeding six months,
by a fine not exceeding five thousand dollars ($5,000), or by both
the fine and imprisonment.
(2) Any person specified in subdivision (a) or (d) who has
previously been convicted of a violation of paragraph (1) shall, upon
a subsequent conviction thereof, be punished by imprisonment in the
state prison, or by imprisonment in a county jail not exceeding one
year, by a fine not exceeding one hundred thousand dollars
($100,000), or by both the fine and imprisonment.
(g) (1) Except as otherwise provided in subparagraph (A) of
paragraph (6) of subdivision (e), it is unlawful for any
manufacturer, wholesaler, retailer, or other person to sell,
transfer, or otherwise furnish a substance specified in subdivision
(a) to a person under 18 years of age.
(2) Except as otherwise provided in subparagraph (A) of paragraph
(6) of subdivision (e), it is unlawful for any person under 18 years
of age to possess a substance specified in subdivision (a).
(3) Notwithstanding any other law, it is unlawful for any retail
distributor to (i) sell in a single transaction more than three
packages of a product that he or she knows to contain ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or (ii)
knowingly sell more than nine grams of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine, other than pediatric
liquids as defined. Except as otherwise provided in this section, the
three package per transaction limitation or nine gram per
transaction limitation imposed by this paragraph shall apply to any
product that is lawfully sold, transferred, or furnished over the
counter without a prescription pursuant to the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), or regulations adopted
thereunder, unless exempted from the requirements of the federal
Controlled Substances Act by the federal Drug Enforcement
Administration pursuant to Section 814 of Title 21 of the United
States Code.
(4) (A) A first violation of this subdivision is a misdemeanor.
(B) Any person who has previously been convicted of a violation of
this subdivision shall, upon a subsequent conviction thereof, be
punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.
(h) For the purposes of this article, the following terms have the
following meanings:
(1) "Drug store" is any entity described in Code 5912 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(2) "General merchandise store" is any entity described in Codes
5311 to 5399, inclusive, and Code 5499 of the Standard Industrial
Classification (SIC) Manual published by the United States Office of
Management and Budget, 1987 edition.
(3) "Grocery store" is any entity described in Code 5411 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
(4) "Pediatric liquid" means a nonencapsulated liquid whose unit
measure according to product labeling is stated in milligrams,
ounces, or other similar measure. In no instance shall the dosage
units exceed 15 milligrams of phenylpropanolamine or pseudoephedrine
per five milliliters of liquid product, except for liquid products
primarily intended for administration to children under two years of
age for which the recommended dosage unit does not exceed two
milliliters and the total package content does not exceed one fluid
ounce.
(5) "Retail distributor" means a grocery store, general
merchandise store, drugstore, or other related entity, the activities
of which, as a distributor of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products, are limited
exclusively to the sale of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products for personal use
both in number of sales and volume of sales, either directly to
walk-in customers or in face-to-face transactions by direct sales.
"Retail distributor" includes an entity that makes a direct sale, but
does not include the parent company of that entity if the company is
not involved in direct sales regulated by this article.
(6) "Sale for personal use" means the sale in a single transaction
to an individual customer for a legitimate medical use of a product
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine in dosages at or below that specified in
paragraph (3) of subdivision (g). "Sale for personal use" also
includes the sale of those products to employers to be dispensed to
employees from first-aid kits or medicine chests.
(i) It is the intent of the Legislature that this section shall
preempt all local ordinances or regulations governing the sale by a
retail distributor of over-the-counter products containing ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine.
11100.05. (a) In addition to any fine or imprisonment imposed under
subdivision (f) of Section 11100 or subdivision (j) of Section 11106
of the Health and Safety Code, the following drug cleanup fine shall
be imposed:
(1) Ten thousand dollars ($10,000) for violations described in
paragraph (1) of subdivision (f) of Section 11100.
(2) One hundred thousand dollars ($100,000) for violations
described in paragraph (2) of subdivision (f) of Section 11100.
(3) Ten thousand dollars ($10,000) for violations described in
subdivision (j) of Section 11106.
(b) At least once a month, all fines collected under this section
shall be transferred to the State Treasury for deposit in the
Clandestine Drug Lab Clean-up Account. The transmission to the State
Treasury shall be carried out in the same manner as fines collected
for the state by a county.
11100.1. (a) Any manufacturer, wholesaler, retailer, or other
person or entity in this state that obtains from a source outside of
this state any substance specified in subdivision (a) of Section
11100 shall submit a report of that transaction to the Department of
Justice 21 days in advance of obtaining the substance. However, the
Department of Justice may authorize the submission of reports within
72 hours, or within a timeframe and in a manner acceptable to the
Department of Justice, after the actual physical obtaining of a
specified substance with respect to repeated transactions between a
furnisher and an obtainer involving the substances, if the Department
of Justice determines that the obtainer has established a record of
utilization of the substances for lawful purposes. This section does
not apply to any person whose prescribing or dispensing activities
are subject to the reporting requirements set forth in Section 11164;
any manufacturer or wholesaler who is licensed by the California
State Board of Pharmacy and also registered with the federal Drug
Enforcement Administration of the United States Department of
Justice; any analytical research facility that is registered with the
federal Drug Enforcement Administration of the United States
Department of Justice; or any state-licensed health care facility.
(b) (1) Any person specified in subdivision (a) who does not
submit a report as required by that subdivision shall be punished by
imprisonment in a county jail not exceeding six months, by a fine not
exceeding five thousand dollars ($5,000), or by both that fine and
imprisonment.
(2) Any person specified in subdivision (a) who has been
previously convicted of a violation of subdivision (a) who
subsequently does not submit a report as required by subdivision (a)
shall be punished by imprisonment in the state prison, or by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one hundred thousand dollars ($100,000), or by both that
fine and imprisonment.
11101. The State Department of Justice shall provide a common
reporting form for the substances in Section 11100 which contains at
least the following information:
(a) Name of the substance.
(b) Quantity of the substance sold, transferred, or furnished.
(c) The date the substance was sold, transferred, or furnished.
(d) The name and address of the person buying or receiving such
substance.
(e) The name and address of the manufacturer, wholesaler,
retailer, or other person selling, transferring, or furnishing such
substance.
11102. The Department of Justice may adopt all regulations
necessary to carry out the provisions of this part.
11103. The theft or loss of any substance regulated pursuant to
Section 11100 discovered by any permittee or any person regulated by
the provisions of this chapter shall be reported in writing to the
Department of Justice within three days after the discovery.
Any difference between the quantity of any substance regulated
pursuant to Section 11100 received and the quantity shipped shall be
reported in writing to the Department of Justice within three days of
the receipt of actual knowledge of the discrepancy.
Any report made pursuant to this section shall also include the
name of the common carrier or person who transports the substance and
date of shipment of the substance.
11104. (a) Any manufacturer, wholesaler, retailer, or other person
or entity that sells, transfers, or otherwise furnishes any of the
substances listed in subdivision (a) of Section 11100 with knowledge
or the intent that the recipient will use the substance to unlawfully
manufacture a controlled substance is guilty of a felony.
(b) Any manufacturer, wholesaler, retailer, or other person or
entity that sells, transfers, or otherwise furnishes any laboratory
glassware or apparatus, any chemical reagent or solvent, or any
combination thereof, or any chemical substance specified in Section
11107.1, with knowledge that the recipient will use the goods or
chemical substance to unlawfully manufacture a controlled substance,
is guilty of a misdemeanor.
(c) Any person who receives or distributes any substance listed in
subdivision (a) of Section 11100, or any laboratory glassware or
apparatus, any chemical reagent or solvent, or any combination
thereof, or any chemical substance specified in Section 11107.1, with
the intent of causing the evasion of the recordkeeping or reporting
requirements of this article, is guilty of a misdemeanor.
11104.5. Any person who knowingly or intentionally possesses any
laboratory glassware or apparatus, any chemical reagent or solvent,
or any combination thereof, or any chemical substance specified in
paragraph (36) or (37) of subdivision (a) of Section 11100, Section
11107, or Section 11107.1, with the intent to manufacture a
controlled substance, is guilty of a misdemeanor.
11105. (a) It is unlawful for any person to knowingly make a false
statement in connection with any report or record required under this
article.
(b) (1) Any person who violates this section shall be punished by
imprisonment in the state prison, or by imprisonment in the county
jail not exceeding one year, or by a fine not exceeding five thousand
dollars ($5,000), or by both such fine and imprisonment.
(2) Any person who has been previously convicted of violating this
section and who subsequently violates this section shall be punished
by imprisonment in the state prison for two, three, or four years,
or by a fine not exceeding one hundred thousand dollars ($100,000),
or by both such fine and imprisonment.
11106. (a) (1) (A) Any manufacturer, wholesaler, retailer, or any
other person or entity in this state that sells, transfers, or
otherwise furnishes any substance specified in subdivision (a) of
Section 11100 to a person or business entity in this state or any
other state or who obtains from a source outside of the state any
substance specified in subdivision (a) of Section 11100 shall submit
an application to, and obtain a permit for the conduct of that
business from, the Department of Justice. For any substance added to
the list set forth in subdivision (a) of Section 11100 on or after
January 1, 2002, the Department of Justice may postpone the effective
date of the requirement for a permit for a period not to exceed six
months from the listing date of the substance.
(B) An intracompany transfer does not require a permit if the
transferor is a permittee. Transfers between company partners or
between a company and an analytical laboratory do not require a
permit if the transferor is a permittee and a report as to the nature
and extent of the transfer is made to the Department of Justice
pursuant to Section 11100 or 11100.1.
(C) This paragraph shall not apply to any manufacturer,
wholesaler, or wholesale distributor who is licensed by the
California State Board of Pharmacy and also registered with the
federal Drug Enforcement Administration of the United States
Department of Justice; any pharmacist or other authorized person who
sells or furnishes a substance upon the prescription of a physician,
dentist, podiatrist, or veterinarian; any state-licensed health care
facility, physician, dentist, podiatrist, veterinarian, or veterinary
food-animal drug retailer licensed by the California State Board of
Pharmacy that administers or furnishes a substance to a patient; or
any analytical research facility that is registered with the federal
Drug Enforcement Administration of the United States Department of
Justice.
(D) This paragraph shall not apply to the sale, transfer,
furnishing, or receipt of any betadine or povidone solution with an
iodine content not exceeding 1 percent in containers of eight ounces
or less, or any tincture of iodine not exceeding 2 percent in
containers of one ounce or less, that is sold over the counter.
(2) Except as provided in paragraph (3), no permit shall be
required of any manufacturer, wholesaler, retailer, or other person
or entity for the sale, transfer, furnishing, or obtaining of any
product which contains ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine and which is lawfully
sold, transferred, or furnished over the counter without a
prescription or by a prescription pursuant to the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or regulations adopted
thereunder.
(3) A permit shall be required for the sale, transfer, furnishing,
or obtaining of preparations in solid or liquid dosage form
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine, unless (A) the transaction involves the sale of
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine products by retail distributors as defined by
this article over the counter and without a prescription, or (B) the
transaction is made by a person or business entity exempted from the
permitting requirements of this subdivision under paragraph (1).
(b) (1) The department shall provide application forms, which are
to be completed under penalty of perjury, in order to obtain
information relating to the identity of any applicant applying for a
permit, including, but not limited to, the business name of the
applicant or the individual name, and if a corporate entity, the
names of its board of directors, the business in which the applicant
is engaged, the business address of the applicant, a full description
of any substance to be sold, transferred, or otherwise furnished or
to be obtained, the specific purpose for the use, sale, or transfer
of those substances specified in subdivision (a) of Section 11100,
the training, experience, or education relating to this use, and any
additional information requested by the department relating to
possible grounds for denial as set forth in this section, or by
applicable regulations adopted by the department.
(2) The requirement for the specific purpose for the use, sale, or
transfer of those substances specified in subdivision (a) of Section
11100 does not require applicants or permittees to reveal their
chemical processes that are typically considered trade secrets and
proprietary business information.
(c) Applicants and permittees shall authorize the department, or
any of its duly authorized representatives, as a condition of being
permitted, to make any examination of the books and records of any
applicant, permittee, or other person, or visit and inspect the
business premises of any applicant or permittee during normal
business hours, as deemed necessary to enforce this chapter.
(d) An application may be denied, or a permit may be revoked or
suspended, for reasons which include, but are not limited to, the
following:
(1) Materially falsifying an application for a permit or an
application for the renewal of a permit.
(2) If any individual owner, manager, agent, representative, or
employee for the applicant who has direct access, management, or
control for any substance listed under subdivision (a) of Section
11100, is or has been convicted of a misdemeanor or felony relating
to any of the substances listed under subdivision (a) of Section
11100, any misdemeanor drug-related offense, or any felony under the
laws of this state or the United States.
(3) Failure to maintain effective controls against the diversion
of precursors to unauthorized persons or entities.
(4) Failure to comply with this article or any regulations of the
department adopted thereunder.
(5) Failure to provide the department, or any duly authorized
federal or state official, with access to any place for which a
permit has been issued, or for which an application for a permit has
been submitted, in the course of conducting a site investigation,
inspection, or audit; or failure to promptly produce for the official
conducting the site investigation, inspection, or audit any book,
record, or document requested by the official.
(6) Failure to provide adequate documentation of a legitimate
business purpose involving the applicant's or permittee's use of any
substance listed in subdivision (a) of Section 11100.
(7) Commission of any act which would demonstrate actual or
potential unfitness to hold a permit in light of the public safety
and welfare, which act is substantially related to the
qualifications, functions, or duties of a permitholder.
(8) If any individual owner, manager, agent, representative, or
employee for the applicant who has direct access, management, or
control for any substance listed under subdivision (a) of Section
11100, willfully violates or has been convicted of violating, any
federal, state, or local criminal statute, rule, or ordinance
regulating the manufacture, maintenance, disposal, sale, transfer, or
furnishing of any of those substances.
(e) Notwithstanding any other provision of law, an investigation
of an individual applicant's qualifications, or the qualifications of
an applicant's owner, manager, agent, representative, or employee
who has direct access, management, or control of any substance listed
under subdivision (a) of Section 11100, for a permit may include
review of his or her summary criminal history information pursuant to
Sections 11105 and 13300 of the Penal Code, including, but not
limited to, records of convictions, regardless of whether those
convictions have been expunged pursuant to Section 1203.4 of the
Penal Code, and any arrests pending adjudication.
(f) The department may retain jurisdiction of a canceled or
expired permit in order to proceed with any investigation or
disciplinary action relating to a permittee.
(g) The department may grant permits on forms prescribed by it,
which shall be effective for not more than one year from the date of
issuance and which shall not be transferable. Applications and
permits shall be uniform throughout the state, on forms prescribed by
the department.
(h) Each applicant shall pay at the time of filing an application
for a permit a fee determined by the department which shall not
exceed the application processing costs of the department.
(i) A permit granted pursuant to this article may be renewed one
year from the date of issuance, and annually thereafter, following
the timely filing of a complete renewal application with all
supporting documents, the payment of a permit renewal fee not to
exceed the application processing costs of the department, and a
review of the application by the department.
(j) Selling, transferring, or otherwise furnishing or obtaining
any substance specified in subdivision (a) of Section 11100 without a
permit is a misdemeanor or a felony.
(k) (1) No person under 18 years of age shall be eligible for a
permit under this section.
(2) No business for which a permit has been issued shall employ a
person under 18 years of age in the capacity of a manager, agent, or
representative.
(l) (1) An applicant, or an applicant's employees who have direct
access, management, or control of any substance listed under
subdivision (a) of Section 11100, for an initial permit shall submit
with the application one set of 10-print fingerprints for each
individual acting in the capacity of an owner, manager, agent, or
representative for the applicant, unless the applicant's employees
are exempted from this requirement by the Department of Justice.
These exemptions may only be obtained upon the written request of the
applicant.
(2) In the event of subsequent changes in ownership, management,
or employment, the permittee shall notify the department in writing
within 15 calendar days of the changes, and shall submit one set of
10-print fingerprints for each individual not previously
fingerprinted under this section.
11106.5. (a) The Bureau of Narcotic Enforcement, or an
administrative law judge sitting alone as provided in subdivision
(h), may upon petition issue an interim order suspending any
permittee or imposing permit restrictions. The petition shall include
affidavits that demonstrate, to the satisfaction of the bureau, both
of the following:
(1) The permittee has engaged in acts or omissions constituting a
violation of this code or has been convicted of a crime substantially
related to the permitted activity.
(2) Permitting the permittee to operate, or to continue to operate
without restrictions, would endanger the public health, safety, or
welfare.
(b) No interim order provided for in this section shall be issued
without notice to the permittee, unless it appears from the petition
and supporting documents that serious injury would result to the
public before the matter could be heard on notice.
(c) Except as provided in subdivision (b), the permittee shall be
given at least 15 days' notice of the hearing on the petition for an
interim order. The notice shall include documents submitted to the
bureau in support of the petition. If the order was initially issued
without notice as provided in subdivision (b), the permittee shall be
entitled to a hearing on the petition within 20 days of the issuance
of the interim order without notice. The permittee shall be given
notice of the hearing within two days after issuance of the initial
interim order, and shall receive all documents in support of the
petition. The failure of the bureau to provide a hearing within 20
days following issuance of the interim order without notice, unless
the permittee waives his or her right to the hearing, shall result in
the dissolution of the interim order by operation of law.
(d) At the hearing on the petition for an interim order, the
permittee may do the following:
(1) Be represented by counsel.
(2) Have a record made of the proceedings, copies of which shall
be available to the permittee upon payment of costs computed in
accordance with the provisions for transcript costs for judicial
review contained in Section 11523 of the Government Code.
(3) Present affidavits and other documentary evidence.
(4) Present oral argument.
(e) The bureau, or an administrative law judge sitting alone as
provided in subdivision (h), shall issue a decision on the petition
for interim order within five business days following submission of
the matter. The standard of proof required to obtain an interim order
pursuant to this section shall be a preponderance of the evidence
standard. If the interim order was previously issued without notice,
the bureau shall determine whether the order shall remain in effect,
be dissolved, or be modified.
(f) The bureau shall file an accusation within 15 days of the
issuance of an interim order. In the case of an interim order issued
without notice, the time shall run from the date of the order issued
after the noticed hearing. If the permittee files a notice of
defense, the hearing shall be held within 30 days of the agency's
receipt of the notice of defense. A decision shall be rendered on the
accusation no later than 30 days after submission of the matter.
Failure to comply with any of the requirements in this subdivision
shall dissolve the interim order by operation of law.
(g) Interim orders shall be subject to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure and shall be heard
only in the superior court in and for the County of Sacramento, San
Francisco, Los Angeles, or San Diego. The review of an interim order
shall be limited to a determination of whether the bureau abused its
discretion in the issuance of the interim order. Abuse of discretion
is established if the respondent bureau has not proceeded in the
manner required by law, or if the court determines that the interim
order is not supported by substantial evidence in light of the whole
record.
(h) The bureau may, in its sole discretion, delegate the hearing
on any petition for an interim order to an administrative law judge
in the Office of Administrative Hearings. If the bureau hears the
noticed petition itself, an administrative law judge shall preside at
the hearing, rule on the admission and exclusion of evidence, and
advise the bureau on matters of law. The bureau shall exercise all
other powers relating to the conduct of the hearing, but may delegate
any or all of them to the administrative law judge. When the
petition has been delegated to an administrative law judge, he or she
shall sit alone and exercise all of the powers of the bureau
relating to the conduct of the hearing. A decision issued by an
administrative law judge sitting alone shall be final when it is
filed with the bureau. If the administrative law judge issues an
interim order without notice, he or she shall preside at the noticed
hearing, unless unavailable, in which case another administrative law
judge may hear the matter. The decision of the administrative law
judge sitting alone on the petition for an interim order is final,
subject only to judicial review in accordance with subdivision (g).
(i) Failure to comply with an interim order issued pursuant to
subdivision (a) or (b) shall constitute a separate cause for
disciplinary action against any permittee, and may be heard at, and
as a part of, the noticed hearing provided for in subdivision (f).
Allegations of noncompliance with the interim order may be filed at
any time prior to the rendering of a decision on the accusation.
Violation of the interim order is established upon proof that the
permittee was on notice of the interim order and its terms, and that
the order was in effect at the time of the violation. The finding of
a violation of an interim order made at the hearing on the accusation
shall be reviewed as a part of any review of a final decision of the
bureau.
If the interim order issued by the bureau provides for anything
less than a complete suspension of the permittee and the permittee
violates the interim order prior to the hearing on the accusation
provided for in subdivision (f), the bureau may, upon notice to the
permittee and proof of violation, modify or expand the interim order.
(j) A plea or verdict of guilty or a conviction after a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. A certified record of the conviction shall be
conclusive evidence of the fact that the conviction occurred. The
bureau may take action under this section notwithstanding the fact
that an appeal of the conviction may be taken.
(k) The interim orders provided for by this section shall be in
addition to, and not a limitation on, the authority to seek
injunctive relief provided in any other provision of law.
11106.7. (a) The Department of Justice may establish, by
regulation, a system for the issuance to a permittee of a citation
which may contain an order of abatement or an order to pay an
administrative fine assessed by the Department of Justice, if the
permittee is in violation of any provision of this chapter or any
regulation adopted by the Department of Justice pursuant to this
chapter.
(b) The system shall contain the following provisions:
(1) Citations shall be in writing and shall describe with
particularity the nature of the violation, including specific
reference to the provision of law or regulation of the department
determined to have been violated.
(2) Whenever appropriate, the citation shall contain an order of
abatement fixing a reasonable time for abatement of the violation.
(3) In no event shall the administrative fine assessed by the
department exceed two thousand five hundred dollars ($2,500) for each
violation. In assessing a fine, due consideration shall be given to
the appropriateness of the amount of the fine with respect to such
factors as the gravity of the violation, the good faith of the
permittee, and the history of previous violations.
(4) An order of abatement or a fine assessment issued pursuant to
a citation shall inform the permittee that if the permittee desires a
hearing to contest the finding of a violation, that hearing shall be
requested by written notice to the department within 30 days of the
date of issuance of the citation or assessment. Hearings shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(5) In addition to requesting a hearing, the permittee may, within
10 days after service of the citation, request in writing an
opportunity for an informal conference with the department regarding
the citation. At the conclusion of the informal conference, the
department may affirm, modify, or dismiss the citation, including any
fine levied or order of abatement issued. The decision shall be
deemed to be a final order with regard to the citation issued,
including the fine levied and the order of abatement. However, the
permittee does not waive its right to request a hearing to contest a
citation by requesting an informal conference. If the citation is
dismissed after the informal conference, the request for a hearing on
the matter of the citation shall be deemed to be withdrawn. If the
citation, including any fine levied or order of abatement, is
modified, the citation originally issued shall be considered
withdrawn and a new citation issued. If a hearing is requested for a
subsequent citation, it shall be requested within 30 days of service
of that subsequent citation.
(6) Failure of a permittee to pay a fine within 30 days of the
date of assessment or comply with an order of abatement within the
fixed time, unless the citation is being appealed, may result in
disciplinary action being taken by the department. If a citation is
not contested and a fine is not paid, the full amount of the assessed
fine shall be added to the renewal of the permit. A permit shall not
be renewed without payment of the renewal fee and fine.
(c) The system may contain the following provisions:
(1) A citation may be issued without the assessment of an
administrative fine.
(2) Assessment of administrative fines may be limited to only
particular violations of the law or department regulations.
(d) Notwithstanding any other provision of law, if a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
(e) Administrative fines collected pursuant to this section shall
be deposited in the General Fund.
(f) The sanctions authorized under this section shall be separate
from, and in addition to, any other administrative, civil, or
criminal remedies; however, a criminal action may not be initiated
for a specific offense if a citation has been issued pursuant to this
section for that offense, and a citation may not be issued pursuant
to this section for a specific offense if a criminal action for that
offense has been filed.
(g) Nothing in this section shall be deemed to prevent the
department from serving and prosecuting an accusation to suspend or
revoke a permit if grounds for that suspension or revocation exist.
11107. (a) Any manufacturer, wholesaler, retailer, or other person
or entity in this state that sells to any person or entity in this
state or any other state, any laboratory glassware or apparatus, any
chemical reagent or solvent, or any combination thereof, where the
value of the goods sold in the transaction exceeds one hundred
dollars ($100) shall do the following:
(1) Notwithstanding any other law, in any face-to-face or
will-call sale, the seller shall prepare a bill of sale which
identifies the date of sale, cost of product, method of payment,
specific items and quantities purchased, and the proper purchaser
identification information, all of which shall be entered onto the
bill of sale or a legible copy of the bill of sale, and shall also
affix on the bill of sale his or her signature as witness to the
purchase and identification of the purchaser.
(A) For the purposes of this section, "proper purchaser
identification" includes a valid motor vehicle operator's license or
other official and valid state-issued identification of the purchaser
that contains a photograph of the purchaser, and includes the
residential or mailing address of the purchaser, other than a post
office box number, the motor vehicle license number of the motor
vehicle used by the purchaser at the time of purchase, a description
of how the substance is to be used, and the signature of the
purchaser.
(B) The seller shall retain the original bill of sale containing
the purchaser identification information for five years in a readily
presentable manner, and present the bill of sale containing the
purchaser identification information upon demand by any law
enforcement officer or authorized representative of the Attorney
General. Copies of these bills of sale obtained by representatives of
the Attorney General shall be maintained by the Department of
Justice for a period of not less than five years.
(2) (A) Notwithstanding any other law, in all sales other than
face-to-face or will-call sales the seller shall maintain for a
period of five years the following sales information: the name and
address of the purchaser, date of sale, product description, cost of
product, method of payment, method of delivery, delivery address, and
valid identifying information.
(B) For the purposes of this paragraph, "valid identifying
information" includes two or more of the following: federal tax
identification number; resale tax identification number; city or
county business license number; license issued by the State
Department of Health Services; registration number issued by the
federal Drug Enforcement Administration; precursor business permit
number issued by the Bureau of Narcotic Enforcement of the Department
of Justice; motor vehicle operator's license; or other
identification issued by a state.
(C) The seller shall, upon the request of any law enforcement
officer or any authorized representative of the Attorney General,
produce a report or record of sale containing the information in a
readily presentable manner.
(D) If a common carrier is used, the seller shall maintain a
manifest regarding the delivery in a readily presentable manner and
for a period of five years.
(b) This section shall not apply to any wholesaler who is licensed
by the California State Board of Pharmacy and registered with the
federal Drug Enforcement Administration of the United States
Department of Justice and who sells laboratory glassware or
apparatus, any chemical reagent or solvent, or any combination
thereof, to a licensed pharmacy, physician, dentist, podiatrist, or
veterinarian.
(c) A violation of this section is a misdemeanor.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Laboratory glassware" includes, but is not limited to,
condensers, flasks, separatory funnels, and beakers.
(2) "Apparatus" includes, but is not limited to, heating mantles,
ring stands, and rheostats.
(3) "Chemical reagent" means a chemical that reacts chemically
with one or more precursors, but does not become part of the finished
product.
(4) "Chemical solvent" means a chemical that does not react
chemically with a precursor or reagent and does not become part of
the finished product. A "chemical solvent" helps other chemicals mix,
cools chemical reactions, and cleans the finished product.
11107.1. (a) Any manufacturer, wholesaler, retailer, or other
person or entity in this state that sells to any person or entity in
this state or any other state any quantity of sodium cyanide,
potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings,
mercuric chloride, sodium metal, lead acetate, palladium black,
hydrogen chloride gas, trichlorofluoromethane
(fluorotrichloromethane), dichlorodifluoromethane,
1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane),
sodium acetate, or acetic anhydride shall do the following:
(1) (A) Notwithstanding any other provision of law, in any
face-to-face or will-call sale, the seller shall prepare a bill of
sale which identifies the date of sale, cost of sale, method of
payment, the specific items and quantities purchased and the proper
purchaser identification information, all of which shall be entered
onto the bill of sale or a legible copy of the bill of sale, and
shall also affix on the bill of sale his or her signature as witness
to the purchase and identification of the purchaser.
(B) For the purposes of this paragraph, "proper purchaser
identification" includes a valid driver's license or other official
and valid state-issued identification of the purchaser that contains
a photograph of the purchaser, and includes the residential or
mailing address of the purchaser, other than a post office box
number, the motor vehicle license number of the motor vehicle used by
the purchaser at the time of purchase, a description of how the
substance is to be used, the Environmental Protection Agency
certification number or resale tax identification number assigned to
the individual or business entity for which the individual is
purchasing any chlorofluorocarbon product, and the signature of the
purchaser.
(C) The seller shall retain the original bill of sale containing
the purchaser identification information for five years in a readily
presentable manner, and present the bill of sale containing the
purchaser identification information upon demand by any law
enforcement officer or authorized representative of the Attorney
General. Copies of these bills of sale obtained by representatives of
the Attorney General shall be maintained by the Department of
Justice for a period of not less than five years.
(2) (A) Notwithstanding any other law, in all sales other than
face-to-face or will-call sales the seller shall maintain for a
period of five years the following sales information: the name and
address of the purchaser, date of sale, product description, cost of
product, method of payment, method of delivery, delivery address, and
valid identifying information.
(B) For the purposes of this paragraph, "valid identifying
information" includes two or more of the following: federal tax
identification number; resale tax identification number; city or
county business license number; license issued by the State
Department of Health Services; registration number issued by the
federal Drug Enforcement Administration; precursor business permit
number issued by the Bureau of Narcotic Enforcement of the Department
of Justice; driver's license; or other identification issued by a
state.
(C) The seller shall, upon the request of any law enforcement
officer or any authorized representative of the Attorney General,
produce a report or record of sale containing the information in a
readily presentable manner.
(D) If a common carrier is used, the seller shall maintain a
manifest regarding the delivery in a readily presentable manner for a
period of five years.
(b) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that purchases any item listed in subdivision
(a) of Section 11107.1 shall do the following:
(1) Provide on the record of purchase information on the source of
the items purchased, the date of purchase, a description of the
specific items, the quantities of each item purchased, and the cost
of the items purchased.
(2) Retain the record of purchase for three years in a readily
presentable manner and present the record of purchase upon demand to
any law enforcement officer or authorized representative of the
Attorney General.
(c) (1) A first violation of this section is a misdemeanor.
(2) Any person who has previously been convicted of a violation of
this section shall, upon a subsequent conviction thereof, be
punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding one hundred thousand dollars ($100,000), or both
the fine and imprisonment.