Cal. Code Regs. tit. 11 § 801

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 801 - Controlled Chemical Substance Permit Issuance; Application; Fees
(a) Except where a permit is not required as specified under Health and Safety Code section 11106(a), an application form must be submitted by any manufacturer, wholesaler, retailer, or any other person or entity in this state that sells, transfers, furnishes or obtains from outside of the state any substance as listed in Health and Safety Code Section 11100(a).
(b) The Department shall provide the Bureau of Narcotic Enforcement form BNE 010 (Rev. 06/06) Application for Controlled Chemical Substance Permit (which is incorporated by reference), which is to be completed, signed and notarized under penalty of perjury to obtain information to identify the person or entity applying for a permit and that person's business. This application must be filed by each person or entity as specified in subsection (a) above. Each application shall also include a personal history statement (part II of the application form) completed by each owner, partner, corporate officer, manager or any representative with management or control of any substance listed on the permit application.
(c) The Department may require an applicant for a permit to supply additional follow-up or clarifying information beyond what is routinely required to be included in the application form; the Department may also require an inspection of the applicant's premises where controlled chemical substances are proposed to be stored and/or handled.
(d) As a condition of obtaining and holding a permit, the Department or any duly authorized federal or state official shall have authority to make any examination of the books, records and/or inventory of any applicant or person granted a permit, and visit and inspect the premises of the aforementioned during normal business hours as deemed necessary to carry out Chapter 3 of Division 10 of the Health and Safety Code.
(e) If any information submitted in the original application changes, the applicant shall notify the Department in writing within 15 calendar days.
(f) The completed permit application shall be accompanied by the following:
1) a completed ten-print fingerprint card or live scan, which can be obtained and printed at any local law enforcement agency, for each individual acting in the capacity of an owner, manager, agent, or representative for the applicant and each individual employee who has direct access, management or control of any substance listed under subdivision (a) of Health and Safety Code Section 11100;
2) a non-refundable application fee which consists of $1,000 for each application form submitted; and
3) the Department fingerprint processing fee for each ten-print fingerprint card or live scan submitted. The Directors and Officers of publicly held corporations of 50 or more shareholders need not submit a live scan or fingerprint card.
(g) Upon completion of the application processing, the Department will either deny or grant the applicant a permit that will be valid for one year from the date of issue unless suspended or revoked.

Cal. Code Regs. Tit. 11, § 801

1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment filed 5-13-88; operative 6-12-88 (Register 88, No. 21).
3. Amendment filed 2-21-92; operative 3-23-92 (Register 92, No. 12).
4. Amendment of section heading, section and NOTE filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).

Note: Authority cited: Sections 11102 and 11106, Health and Safety Code. Reference: Section 11106, Health and Safety Code.

1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment filed 5-13-88; operative 6-12-88 (Register 88, No. 21).
3. Amendment filed 2-21-92; operative 3-23-92 (Register 92, No. 12).
4. Amendment of section heading, section andNote filed 8-28-2006; operative 9-27-2006 (Register 2006, No. 35).