Utah Code 58-37c-10. Reporting and recordkeeping

(1)	Any person who engages in a regulated transaction, unless excepted under the provisions of Subsections 58-37c-8(3) and (4), shall submit a report with respect to such transaction and shall maintain records of inventories in accordance with rules adopted by the division.

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Terms Used In Utah Code 58-37c-10

Controlled substance precursor: includes a chemical reagent and means any of the following:

(a)	Phenyl-2-propanone;

(b)	Methylamine;

(c)	Ethylamine;

(d)	D-lysergic acid;

(e)	Ergotamine and its salts;

(f)	Diethyl malonate;

(g)	Malonic acid;

(h)	Ethyl malonate;

(i)	Barbituric acid;

(j)	Piperidine and its salts;

(k)	N-acetylanthranilic acid and its salts;

(l)	Pyrrolidine;

(m)	Phenylacetic acid and its salts;

(n)	Anthranilic acid and its salts;

(o)	Morpholine;

(p)	Ephedrine;

(q)	Pseudoephedrine;

(r)	Norpseudoephedrine;

(s)	Phenylpropanolamine;

(t)	Benzyl cyanide;

(u)	Ergonovine and its salts;

(v)	3,4-Methylenedioxyphenyl-2-propanone;

(w)	propionic anhydride;

(x)	Insosafrole;

(y)

Safrole;

(z)	Piperonal;

(aa)	N-Methylephedrine;

(bb)	N-ethylephedrine;

(cc)	N-methylpseudoephedrine;

(dd)	N-ethylpseudoephedrine;

(ee)	Hydriotic acid;

(ff)	gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA);

(gg)	1,4 butanediol;

(hh)	any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg);

(ii)	Crystal iodine;

(jj)

Iodine at concentrations greater than 1. See Utah Code 58-37c-3

furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3

Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3

Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3

Regulated transaction: means any actual, constructive or attempted:

(a)	transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or

(b)	purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
(2)	The division shall provide reporting forms upon which regulated transactions shall be reported.

(3)	The division shall furnish copies of reports of transactions under this section to appropriate law enforcement agencies.

(4)

The division shall adopt rules regulating:

(a)	records which shall be maintained and reports which shall be submitted by regulated distributors and regulated purchasers with respect to listed controlled substance precursors obtained, distributed, and held in inventory;

(b)

records which shall be maintained and reports which shall be submitted by regulated distributors and regulated purchasers with respect to extraordinary or unusual regulated transactions and a requirement that in such cases the report must be received at least three working days prior to transfer of the listed controlled substance precursor;

(c)	identification which must be presented by a purchaser of any listed controlled substance precursor before the sale or transfer can be completed and recordkeeping requirements related to such identification presented;

(d)	filing by each licensee the identification of all locations where any listed controlled substance precursor is held in inventory or stored and amending such filing when any change in location is made;

(e)	reports and actions which must be taken by a regulated distributor or regulated purchaser in the event of any theft, loss, or shortage of a listed controlled substance precursor;

(f)	reports and actions which must be taken by a regulated distributor relating to a regulated transaction with an out-of-state purchaser;

(g)	reports and actions which must be taken by a regulated purchaser relating to a regulated transaction with an out-of-state distributor; and

(h)	regulated transactions to the extent such regulation is reasonable and necessary to protect the public health, safety, or welfare.

(5)	A person who engages in a regulated transaction may not accept a driving privilege card issued in accordance with Section 53-3-207 as proof of identification as required under Subsection (4)(c).

Amended by Chapter 322, 2008 General Session

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