N.Y. Labor Law 461 – Record and notice of sales, deliveries or gifts
§ 461. Record and notice of sales, deliveries or gifts. 1. Every person selling, delivering, giving away or otherwise transferring or disposing of explosives shall keep at his or her principal office or place of business within the state, a record of the transaction, including the name or type and quantity of the explosive, such identification of the explosive as may be required by the regulations promulgated pursuant to this article, the date of each sale, delivery, gift, transfer or disposition, the name and business address of the purchaser, donee, recipient or person to whom delivered, the number of the license, if such license is required by section four hundred fifty-eight of this article, and the name and address of the person taking the explosives away. A report of all such transactions, when requested, shall be submitted to the commissioner. Such record shall be open to inspection by the commissioner or by federal, state and local enforcement officers at all times. No person shall have in his or her possession any explosives unless he or she has a bill of sale or other evidence of title thereto.
Terms Used In N.Y. Labor Law 461
- Donee: The recipient of a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Explosives: means gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators, pyrotechnics and other detonating agents, fireworks and dangerous fireworks as defined in § 270. See N.Y. Labor Law 451
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes any natural person, partnership, association or corporation. See N.Y. Labor Law 451
2. Any provision in this article to the contrary notwithstanding, no person in a city having more than one million inhabitants shall ship or transport or cause to be shipped or transported explosives from such city to any other place within the state, unless such person shall, at least twenty-four hours prior to such shipment, transmit to the commissioner a statement in writing giving the weight, name or brand and type of explosives, the name and address of the person to whom such explosives are to be sold, shipped, transported or delivered and the date thereof. Upon receipt of such statement, the commissioner shall provide immediate written notice of such shipment or transportation of explosives to the mayor of a city having more than one million inhabitants, or to the designee of the mayor. No person shall make any such shipment except to a holder of a license issued hereunder.
3. No person within the state shall purchase, receive or accept delivery of explosives from any place outside the state, and no person shall bring explosives into the state from any place outside the state, unless, he or she is in possession of a valid license issued by the commissioner. The licensee receiving the explosives shall maintain a record including the weight, name or brand and type of the explosives, the name and address of the shipper and the date of shipment, for a period of three years from the date of receipt or two years from the date of final disposition of the explosives whichever occurs last.