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Every dealer of etching acid shall conspicuously post at every table, desk or counter where orders are placed and/or payment is made a notice, the form and manner of which are to be provided by rule of the commissioner, indicating that all purchasers of etching acid shall be required to provide valid photo identification and their personal information and such information shall be recorded by the dealer of etching acid prior to purchase.
1. Purchasing records shall be kept in a secure location and made available only to the commissioner and his or her designee, or a police officer, and shall be used solely for the purposes of enforcement of this subchapter and of state and local anti-graffiti laws and rules.
2. a. Purchasing records shall be kept by dealers of etching acid for one year.
b. All purchasing records and any other information pertaining to the purchase or sale of etching acid shall be disposed of by the following methods only:
i. shredding the records before the disposal of the records; or
ii. destroying the personal information contained in the records; or
iii. modifying the records to make the personal information unreadable; or
iv. taking actions consistent with commonly accepted industry practices reasonably believed to ensure that no unauthorized person will have access to the personal information contained in the records.
1. Any person who violates the provisions of this subchapter shall be guilty of a violation punishable by a fine of not less than one hundred dollars and not more than two hundred fifty dollars.
2. Any person violating this subchapter shall be subject to a civil penalty of not less than one hundred dollars and not more than two hundred fifty dollars. A proceeding to recover any civil penalty pursuant to this subchapter shall be commenced by the service of a notice of hearing that shall be returnable to the administrative tribunal of the department.
3. Any person who subsequently violates this subchapter within a period of one year of the date of the first violation shall be guilty of a violation, punishable by a fine not less than five hundred dollars.
Subchapter 3: Language Assistance Services in Pharmacies*
* Editor's note: there are two subchapters designated as Subchapter 3.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/055.
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