N.Y. Comp. Codes R. & Regs. tit. 6 § 326.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 326.10 - Cancellation procedure

(a) A commercial permit holder shall cancel each purchase of a substance listed in section 326.2(a) of this Part by recording the required information on a suitable form at the time each purchase is made by a purchase permit holder, for which purposes a sales invoice will suffice.

(b) Cancellation of a purchase permit required for a substance listed in this section shall be as follows:

(1) Purchase of total amount.

(i) If a purchase permit holder purchases the total amount of the authorized substance at one time he shall present his purchase permit to the commercial permit holder making the sale who shall, after recording the required information on the sales invoice and on the back of the purchase permit, detach and retain stub 2 of the permit.

(ii) When the total of partial purchases equals the total amount authorized which shall be the authorization required for the possession and use of the restricted substance.

(2) Partial purchases.

(i) If a purchase permit holder makes a partial purchase of the authorized substance, he shall present his purchase permit to the commercial permit holder making the sale who shall, at the time each such partial purchase is made, record the required information on the sales invoice and on the back of the permit issued for that substance.

(ii) When the total of partial purchases equal the total amount authorized the purchaser under a permit, the commercial permit holder making the last authorized sale, in addition to recording the required information on the sales invoice and on the back of the permit shall detach and retain stub 2 of the permit.

(iii) The purchase permit holder shall retain stub 1 of the purchase permit which shall be the authorization required for the possession and use of the restricted substance.

(3) Annual sales report.

(i) A commercial permit holder shall keep a separate sales invoice record for each purchase permit holder on an annual basis. These records shall be retained by the commercial permit holder and kept for a minimum of three years.

(ii) An annual report showing the total sales of each restricted substance listed in section 326.2(a) of this Part, and the total sales of each restricted substance listed in section 326.2(b) of this Part, by formulation shall be mailed or delivered by the commercial permit holder, with such other forms, reports or information as the commissioner shall require to the department at its main office in Albany, NY, no later than the 15th business day following the last day of the calendar year for which the report is being submitted.

(iii) Stub 2 shall be attached to the commercial permit holder's annual report and mailed or delivered to the department with the said report as provided in subparagraph (ii) of this paragraph.

(c) For any sales to nonpermit holders of emulsifiable chlordane in concentrations not exceeding four pounds per gallon and in packages not exceeding one gallon of chlordane in soil injection cartridges made prior to or during 1984, the commercial permit holder must retain the original signature sheets as a record of sale. The commercial permit holder must retain the signature sheets for a minimum of three years from the date of purchase.

(1) No later than midnight January 15, 1985, the commercial permit holder must report to the department at 625 Broadway, Albany, NY, the total quantity of chlordane sold the previous year to persons other than purchase permit holders and certified applicators. This report must show total quantities sold in each allowable formulation.

(2) Signature sheets and invoices will be subject to periodic inspection by the commissioner until December 31, 1987.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 326.10