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RULE §13.16Security

(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.

Source Note: The provisions of this §13.16 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441

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