Page:United States Statutes at Large Volume 102 Part 5.djvu/307

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4313

REGULATION OF USTBD CHEMICALS AND CERTAIN MACHINES

"SEC. 310. (a)(l) Each regulated person who engages in a regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine shall keep a record of the transaction— "(A) for 4 years after the date of the transaction, if the listed chemical is a precursor chemical or if the transaction involves a tableting machine or an encapsulating machine; and "(B) for 2 years after the date of the transaction, if the listed chemical is an essential chemical. "(2) A record under this subsection shall be retrievable and shall include the date of the regulated transaction, the identity of each party to the regulated transaction, a statement of the quantity and form of the listed chemical, a description of the tableting machine or encapsulating machine, and a description of the method of transfer. Such record shall be available for inspection and copying by the Attorney General. "(3) It is the duty of each regulated person who engeiges in a regulated transaction to identify each other party to the transaction. It is the duty of such other party to present proof of identity to the regulated person. The Attorney General shall specify by regulation the types of documents and other evidence that constitute proof of identity for purposes of this paragraph. "(b) Each regulated person shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe by regulation— "(1) any regulated transaction involving an extraordinary quantity of a listed chemical, an uncommon method of payment or delivery, or any other circumstance that the regulated person believes may indicate that the listed chemical will be used in violation of this title; "(2) any proposed regulated transaction with a person whose description or other identifying characteristic the Attorney General furnishes in advance to the regulated person; "(3) any unusual or excessive loss or disappearance of a listed chemical under the control of the regulated person; and "(4) any regulated transaction in a tableting machine or an encapsulating machine. Each report under paragraph (1) shall be made at the earliest practicable opportunity after the regulated person becomes aware of the circumstance involved. A regulated person may not complete a transaction with a person whose description or identifying characteristic is furnished to the regulated person under paragraph (2) unless the transaction is approved by the Attorney General. The Attorney General shall make available to regulated persons guidance documents describing transactions and circumstances for which reports are required under paragraph (1) and paragraph (3). "(c)(1) Except as provided in paragraph (2), any information obtained by the Attorney General under this section which is exempt from disclosure under section 552(a) of title 5, United States Code, by reason of section 552(b)(4) of such title, is confidential and may not be disclosed to any person. "(2) Information referred to in paragraph (10 may be disclosed only— "(A) to an officer or employee of the United States engaged in carrying out this title, title III, or the customs laws;

Records. 21 USC 830.

Reports.

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