Louisiana Revised Statutes 40:1472.5 – Maintenance of records; inspection; notice of sale or delivery
Terms Used In Louisiana Revised Statutes 40:1472.5
- Approved: shall mean approved by the office of the deputy secretary for public safety services of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1472.2
- Dealer-distributor: means a person engaged in the wholesale or retail business of buying and selling or distribution of explosives, provided that should a manufacturer make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. See Louisiana Revised Statutes 40:1472.2
- Deputy secretary: means the deputy secretary for public safety services of the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1472.2
- Explosives: means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. See Louisiana Revised Statutes 40:1472.2
- Manufacturer: means a person engaged in the manufacture, compounding, or combining of explosives. See Louisiana Revised Statutes 40:1472.2
- unit: means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police. See Louisiana Revised Statutes 40:1421
- User: means a person who, as an ultimate consumer of an explosive, purchases the same from a dealer-distributor or manufacturer or means a dealer or manufacturer who uses an explosive as an ultimate consumer. See Louisiana Revised Statutes 40:1472.2
A. All explosives manufactured in this state or transported into this state for distribution or sale in this state shall be legibly identified by marking all explosive material. The marks required by this Section must identify the manufacturer and the location, date, and shift of manufacture. The manufacturer shall place on each cartridge, bag, or other immediate container of explosives manufactured for sale or distribution the required mark which shall also be placed on the outside container, if any, used for their packaging.
B. Manufacturers and dealer-distributors shall keep accurate accounts of all inventories and sales of explosives.
C. All such sales shall be evidenced by an “Explosive Bill of Sale”. The manufacturer or dealer-distributor shall retain the original and shall provide one copy to the purchaser, one copy to the deputy secretary, and one copy to the explosives control unit. Such bills of sale so delivered to purchasers shall bear the name of the manufacturer or dealer-distributor and the purchaser, date of sale, quantity sold, use for which the explosive is purchased, the address of the purchaser, and the date-shift code.
D. Should the purchase of explosives occur outside the state of Louisiana, then the purchaser shall notify the Department of Public Safety and Corrections, explosives control unit, of such delivery by forwarding thereto a copy of the bill of sale or bill of lading.
E. Manufacturers and dealer-distributors shall retain all records of inventories, invoices, sales tickets, and copies thereof and shall make the same available to any peace officer of this state, and the deputy secretary or his duly authorized representative at such intervals as the secretary shall deem appropriate.
F. Each user, as defined in this Part, shall keep an accurate written inventory of all explosives possessed by him and a record of the use of such explosives in a format approved by the deputy secretary. Such inventory and record of use shall be made available to any peace officer of this state, or the deputy secretary or his duly authorized representative at such intervals as the secretary shall deem appropriate.
G. All records required to be maintained under Subsections E and F of this Section shall require approval by the deputy secretary before they may be disposed of, and shall be turned over to the Department of Public Safety and Corrections upon the termination of the operations of a business which is required to keep such records.
H. Whoever is charged and convicted of violating any provision of this Section shall be fined not less than one thousand five hundred dollars nor more than ten thousand dollars or imprisoned with or without hard labor for not less than two years nor more than five years, or both.
I. All sales made to historical and cultural reenactors shall bear upon the sales invoice the roster or unit number of the individuals to be assigned by the dealer-distributor, for which a current roster must be maintained by the dealer-distributor and provided to the deputy secretary annually.
Acts 1995, No. 1139, §1; Acts 1999, No. 1202, §1; Acts 2008, No. 898, §1; Acts 2009, No. 391, §1.