27 CFR 555.124 Records Maintained by licensed dealers

§ 555.124

27 CFR Ch. II (4–1–20 Edition)

when it is shown by the licensed manufacturer that alternate records will accurately and readily disclose the information required by paragraph (c) of
this section. A licensed manufacturer
who proposes to use alternate records
shall submit a letter application to the
Chief, Explosives Industry Programs
Branch and shall describe the proposed
alternate records and the need for
them. Alternate records are not to be
employed by the licensed manufacturer
until approval is received from the
Chief, Explosives Industry Programs
Branch.
(f) Each licensed manufacturer shall
maintain separate records of the sales
or other distribution made of explosive
materials to nonlicensees or nonpermittees. These records are maintained as prescribed by § 555.126.
(Approved by the Office of Management and
Budget under control number 1140–0030)

kpayne on VMOFRWIN702 with $$_JOB

[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–172, 49 FR 14941, Apr.
16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5,
1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998;
ATF–11F, 73 FR 57242, Oct. 2, 2008; ATF
2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 555.124 Records maintained by licensed dealers.
(a) Each licensed dealer shall take
true and accurate physical inventories
which will include all explosive materials on hand required to be accounted
for in the records kept under this part.
The licensed dealer shall take a special
inventory
(1) At the time of commencing business, which is the effective date of the
license issued upon original qualification under this part;
(2) At the time of changing the location of his premises to another region;
(3) At the time of discontinuing business; and
(4) At any other time the Director,
Industry Operations may in writing require. Each special inventory is to be
prepared in duplicate, the original of
which is submitted to the Director, Industry Operations, and the duplicate
retained by the licensed dealer. If a
special inventory required by paragraphs (a) (1) through (4) of this section
has not been taken during the calendar
year, at least one physical inventory
will be taken. However, the record of

the yearly inventory, other than a special inventory required by paragraphs
(a) (1) through (4) of this section, will
remain on file for inspection instead of
being sent to the Director, Industry
Operations. (See also § 555.127.)
(b) Each licensed dealer shall, not
later than the close of the next business day following the date of purchase
or other acquisition of explosive materials (except as provided in paragraph
(d) of this section), enter the following
information in a separate record:
(1) Date of acquisition.
(2) Name or brand name of manufacturer and name of importer (if any).
(3) Manufacturer’s marks of identification.
(4) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).
(5) Description (dynamite (dyn),
blasting agents (ba), detonators (det),
display fireworks (df), etc.) and size
(length and diameter or diameter only
of display fireworks).
(6) Name, address, and license or permit number of the person from whom
the explosive materials are received.
(c) Each licensed dealer shall, not
later than the close of the next business day following the date of use (if
the explosives are used by the dealer)
or the date of distribution of any explosive materials to another licensee or a
permittee (except as provided in paragraph (d) of this section), enter in a
separate record the following information:
(1) Date of disposition.
(2) Name or brand name of manufacturer and name of importer (if any).
(3) Manufacturer’s marks of identification.
(4) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.).
(5) Description (dynamite (dyn),
blasting agents (ba), detonators (det),
display fireworks (df), etc.) and size
(length and diameter or diameter only
of display fireworks).
(6) License or permit number of licensee or permittee to whom the explosive materials are distributed.

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Bureau of Alcohol, Tobacco, Firearms, and Explosives, Justice
(d) When a commercial record is kept
by a licensed dealer showing the purchase or other acquisition information
required for the permanent record prescribed by paragraph (b) of this section,
or showing the distribution information required for the permanent record
prescribed by paragraph (c) of this section, the licensed dealer acquiring or
distributing the explosive materials
may, for a period not exceeding seven
days following the date of acquisition
of distribution of the explosive materials, delay making the required entry
into the permanent record of acquisition or distribution. However, until the
required entry of acquisition or disposition is made in the permanent
record, the commercial record must be
(1) kept by the licensed dealer separate
from other commercial documents
kept by the licensee, and (2) readily
available for inspection on the licensed
premises.
(e) The Chief, Explosives Industry
Programs Branch may authorize alternate records to be maintained by a licensed dealer to record his acquisition
or disposition of explosive materials,
when it is shown by the licensed dealer
that alternate records will accurately
and readily disclose the required information. A licensed dealer who proposes
to use alternate records shall submit a
letter application to the Chief, Explosives Industry Programs Branch and
shall describe the proposed alternate
records and the need for them. Alternate records are not to be employed by
the licensed dealer until approval is received from the Chief, Explosives Industry Programs Branch.
(f) Each licensed dealer shall maintain separate records of the sales or
other distribution made of explosive
materials to nonlicensees or nonpermittees. These records are maintained as prescribed by § 555.126.

kpayne on VMOFRWIN702 with $$_JOB

(Approved by the Office of Management and
Budget under control number 1140–0030)
[T.D. ATF–87, 46 FR 40384, Aug. 7, 1981, as
amended by T.D. ATF–172, 49 FR 14941, Apr.
16, 1984; T.D. ATF–293, 55 FR 3721, Feb. 5,
1990; T.D. ATF–400, 63 FR 45003, Aug. 24, 1998;
ATF–11F, 73 FR 57242, Oct. 2, 2008; ATF
2013R–9F, 79 FR 46694, Aug. 11, 2014]

§ 555.125 Records maintained by permittees.
(a) [Reserved]
(b) Records maintained by permittees on
and after May 24, 2003. (1) Each holder
of a user permit must take true and accurate physical inventories that will
include all explosive materials on hand
required to be accounted for in the
records kept under this part. The permittee must take a special inventory—
(i) At the time of commencing business, which is the effective date of the
permit issued upon original qualification under this part;
(ii) At the time of changing the location of his premises;
(iii) At the time of discontinuing
business; and
(iv) At any other time the Director,
Industry Operations may in writing require. Each special inventory is to be
prepared in duplicate, the original of
which is submitted to the Director, Industry Operations and the duplicate retained by the permittee. If a special inventory required by paragraphs (b)(1)(i)
through (iv) of this section has not
been taken during the calendar year, a
permittee is required to take at least
one physical inventory. The record of
the yearly inventory, other than a special inventory required by paragraphs
(b)(1)(i) through (iv) of this section,
will remain on file for inspection instead of being sent to the Director, Industry Operations. (See also § 555.127.)
(2) Each holder of a limited permit
must take true and accurate physical
inventories, at least annually, that will
include all explosive materials on hand
required to be accounted for in the
records kept under this part.
(3) Each holder of a user permit or a
limited permit must, not later than the
close of the next business day following
the date of acquisition of explosive materials, enter the following information
in a separate record:
(i) Date of acquisition;
(ii) Name or brand name of manufacturer;
(iii) Manufacturer’s marks of identification;
(iv) Quantity (applicable quantity
units, such as pounds of explosives,
number of detonators, number of display fireworks, etc.);

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