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 Public Health; registration number issued by the
federal Drug Enforcement Administration; precursor business permit
number issued by 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.