[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

122 STAT. 4349

Public Law 110-415
110th Congress

An Act


 
To facilitate the creation of methamphetamine precursor electronic
logbook systems, and for other purposes. [NOTE: Oct. 14, 2008 -  [S.
1276]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Methamphe-
tamine Production Prevention Act of 2008.
SECTION 1. [NOTE: 21 USC 801 note.   SHORT TITLE.

This Act may be cited as the ``Methamphetamine Production Prevention
Act of 2008''.
SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE AND RETENTION
FOR ELECTRONIC METHAMPHETAMINE PRECURSOR
LOGBOOK SYSTEMS.

Section 310(e)(1)(A) of the Controlled Substances Act (21 U.S.C.
830(e)(1)(A)) is amended by striking clauses (iv) through (vi) and
inserting the following:
``(iv) In the case of a sale to which the
requirement of clause (iii) applies, the seller
does not sell such a product unless the sale is
made in accordance with the following:
``(I) The prospective purchaser--
``(aa) presents an
identification card that
provides a photograph and is
issued by a State or the Federal
Government, or a document that,
with respect to identification,
is considered acceptable for
purposes of sections
274a.2(b)(1)(v)(A) and
274a.2(b)(1)(v)(B) of title 8,
Code of Federal Regulations (as
in effect on or after March 9,
2006); and
``(bb) signs the written
logbook and enters in the
logbook his or her name,
address, and the date and time
of the sale, or for transactions
involving an electronic logbook,
the purchaser provides a
signature using one of the
following means:
``(AA) Signing a device
presented by the seller that
captures signatures in an
electronic format. Such
device shall display the
notice described in clause
(v). Any device used shall
preserve each signature in a
manner that clearly links
that signature to the other
electronically-captured
logbook information relating
to the prospective purchaser
providing that signature.

[[Page 4350]]
122 STAT. 4350

``(BB) Signing a bound
paper book. Such bound paper
book shall include, for such
purchaser, either (aaa) a
printed sticker affixed to
the bound paper book at the
time of sale which either
displays the name of each
product sold, the quantity
sold, the name and address
of the purchaser, and the
date and time of the sale,
or a unique identifier which
can be linked to that
electronic information, or
(bbb) a unique identifier
which can be linked to that
information and which is
written into the book by the
seller at the time of sale.
The purchaser shall sign
adjacent to the printed
sticker or written unique
identifier related to that
sale. Such bound paper book
shall display the notice
described in clause (v).
``(CC) Signing a printed
document that includes, for
such purchaser, the name of
each product sold, the
quantity sold, the name and
address of the purchaser,
and the date and time of the
sale. Such document shall be
printed by the seller at the
time of the sale. Such
document shall contain a
clearly identified signature
line for a purchaser to
sign. Such printed document
shall display the notice
described in clause (v).
Each signed document shall
be inserted into a binder or
other secure means of
document storage immediately
after the purchaser signs
the document.
``(II) The seller enters in the
logbook the name of the product and the
quantity sold. Such information may be
captured through electronic means,
including through electronic data
capture through bar code reader or
similar technology.
``(III) The logbook maintained by
the seller includes the prospective
purchaser's name, address, and the date
and time of the sale, as follows:
``(aa) If the purchaser
enters the information, the
seller must determine that the
name entered in the logbook
corresponds to the name provided
on such identification and that
the date and time entered are
correct.
``(bb) If the seller enters
the information, the prospective
purchaser must verify that the
information is correct.
``(cc) Such information may
be captured through electronic
means, including through
electronic data capture through
bar code reader or similar
technology.
``(v) The written or electronic logbook
includes, in accordance with criteria of the
Attorney General, a notice to purchasers that
entering false statements

[[Page 4351]]
122 STAT. 4351

or misrepresentations in the logbook, or supplying
false information or identification that results
in the entry of false statements or
misrepresentations, may subject the purchasers to
criminal penalties under section 1001 of title 18,
United States Code, which notice specifies the
maximum fine and term of imprisonment under such
section.
``(vi) Regardless of whether the logbook entry
is written or electronic, the seller maintains
each entry in the logbook for not fewer than 2
years after the date on which the entry is
made.''.

Approved October 14, 2008.

LEGISLATIVE HISTORY--S. 1276:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 25, considered and passed Senate.
Sept. 29, considered and passed House.