|(a) A distributor or recipient must establish and maintain
effective controls and procedures to prevent unauthorized access,
theft, or diversion of any precursor chemical laboratory apparatus
(PCLA). The following constitute the minimum security requirements
to protect these controlled items. The distributor or recipient must:
(1) Establish and maintain a building, an enclosure
within a building, or an enclosed yard that provides reasonably adequate
security against the diversion of a controlled item;
(2) Limit access to each storage area to the minimum
number of individuals or employees necessary for the distributor's
or recipient's activities; and
(3) Designate an individual or a limited number of
individuals with responsibility for each area in which a controlled
item is stored, and authority to enter or control entry into the area.
(b) In the absence of a physical barrier, such as a
wall, partition, fence, or similar divider, the distributor or recipient
may comply with this section by another form of substantially increased
security to limit physical access to the storage area under subsection
(a)(2) of this section.
(c) The distributor or recipient will make the designation
required by subsection (a)(3) of this section in writing and will
make the designation available upon request in the same manner as
a record kept under this chapter. The distributor or recipient may
update the designation record as necessary to reflect current practice.
(d) When maintenance personnel or a business guest,
visitor, or similar individual is present in or passes through an
area addressed by this section, the distributor or recipient must
provide for reasonably adequate observation of the area by an employee
specifically designated under subsection (a)(3) of this section.
(e) If a distributor or recipient has an alarm system
that is in operation and being monitored, the distributor or recipient
must immediately report each unauthorized intrusion or other security
breach to the department and to the distributor's or recipient's local
law enforcement agency.
(f) A distributor or recipient is not required to make
the alarm report required under subsection (e) of this section if
there is a reasonable explanation for the security breach that does
not involve potential diversion.