Chapter 5. Sale Or Other Disposition of California Health And Safety Code >> Division 11. >> Part 1. >> Chapter 5.
No person shall knowingly sell, give away, deliver, or
otherwise dispose of any explosive to any person who does not possess
a valid permit as required pursuant to Section 12101.
The provisions of this section and subdivisions (e) and (f) of
Section 12122 do not apply to transactions by the Department of
Defense or to the transactions of an agency or organization acting
pursuant to contract with the Department of Defense.
Every person who possesses, stores, uses, sells, gives away,
delivers, or otherwise disposes of explosives shall keep an accurate
journal, record book, or a record of sale in which he shall note
each possession, storage, use, sale, delivery, gift, or other
disposition of an explosive and the time when such disposition is
made whether in the course of business or otherwise. Such journal,
record book, or the record of sale shall be kept on file for a period
of not less than three years. Field records required to be kept
pursuant to Section 12123 need be kept in the appropriate county only
for the period of the possession, storage, use, sale, gift,
delivery, or other disposition of explosives within that county,
after which time the field records may be destroyed.
Each notation in the journal, record book, or each record of
sale, as required by Section 12121, shall legibly show:
(a) The date of each purchase or receipt, storage, use, sale,
delivery, gift, or other disposition of explosives.
(b) The name and quantity of the explosives possessed, stored,
used, sold, delivered, given away, or otherwise disposed of.
(c) The name, address, and business of the purchaser or
transferee, where applicable.
(d) When the explosives are to be transported under Division 14
(commencing with Section 31600) of the Vehicle Code, the permit
number issued by the California Highway Patrol; or when transported
other than under Division 14 (commencing with Section 31600) of the
Vehicle Code, the vehicle operator's license number or other
comparable identification, the motor vehicle license number of the
vehicle used, and the name and address of the individual to whom the
explosives are to be delivered.
(e) The number of the permit to receive explosives.
(f) The name of the public agency which issued the permit and the
name of the officer issuing such permit.
The journal, record book or record of sale shall be kept by
the person required to keep it in his principal office or place of
business. It shall be at all times, on proper demand, subject to the
inspection and examination of any chief or other duly authorized law
enforcement official. In addition, if the principal office or place
of business is located in a place other than the county within which
the explosives are possessed, stored, used, sold, given away,
delivered, or otherwise disposed of, field records shall be kept in
that county during the period of such possession, storage, use, sale,
gift, delivery or other disposition.
The keeping of a journal, record book, or record of sale
required by Sections 12121, 12122, and 12123 does not apply to those
persons who are rendering a delivery service under a permit issued by
the California Highway Patrol pursuant to Division 14 (commencing
with Section 31600) of the Vehicle Code, nor does it apply to any
possessor or user of explosives not required to have a permit under
Section 12102. A journal, record book, or record of sale need not be
kept by anyone who is in lawful possession of an explosive and who
receives and detonates all such explosives within a 24-hour period.