Cal. Code Regs. tit. 11 § 4097

Current through Register 2024 Notice Reg. No. 40, October 4, 2024
Section 4097 - Required Records, Retention Periods, Reporting Changes
(a) The Certified FSD Laboratory shall, for a minimum of five years from the date of the Firearm Safety Device Compliance Test Report Form BOF 021A (Rev. 01/2012), maintain sufficient records to support the results of any and all such reports. The following information is required to be recorded, reported, and maintained:
(1) The name and address of the Certified FSD Laboratory that conducted the test.
(2) The name and address of the FSD manufacturer or dealer that submitted the FSD model for testing, as well as the name and telephone number of a contact person of the submitting manufacturer or dealer. If the DOJ submitted the FSD, this fact shall be noted in the records.
(3) Date, time, and location of the testing, and any off-site equipment and/or facilities that are used during any portion of the testing.
(4) The unique reference number/identifier issued by the Certified FSD Laboratory for the testing.
(5) The results of each phase of the required testing.
(6) The date the report was submitted to the DOJ.
(7) The name and telephone number of a contact person who should be contacted if there are any questions regarding the testing and/or the report.
(8) The make, model, construction material, and type of FSD tested.
(9) The make, model, caliber, barrel length, and type of each firearm on which the laboratory tested the device.
(10) Identification of the manufacturer and type of primer used in the primed cases used in the testing.
(11) An identification of each of the tests that was performed on the FSD tested.
(12) A statement that the FSD meets each of the standards for FSDs prescribed in these regulations.
(13) The names and business affiliation of all persons who have witnessed any part of the testing procedure.
(14) The name(s) and title(s) of laboratory staff who conducted and/or performed the required testing.
(15) The signature of the lead person who conducted the testing along with that person's title and printed name, and the date of signature.
(b) The following records shall also be maintained by all Certified FSD Laboratories:
(1) A listing of any and all off-site facilities that have been reported to the DOJ, and are or may be used by the Certified FSD Laboratory for FSD testing.
(2) A listing of all current employees who are directly involved in FSD testing.
(3) Records relating to the current ownership of the laboratory.
(4) Records relating each firearm stolen or lost from the laboratory must be retained for at least ten years from the date that the firearm was reported lost or stolen.
(c) The Certified FSD Laboratory shall report within ten (10) working days any changes:
(1) In the ownership, involvements, relationships, license prohibitions, and/or interests identified in sections 4086 and 4090 of these regulations and ensure that any such change would not constitute grounds for denial of an Application for Firearm Safety Device Laboratory Certification Form BOF 019A (Rev. 01/2012).
(2) Involving management personnel, FSD testing supervisor(s) and/ or personnel, person(s) authorized to sign Firearm Safety Device Compliance Test Reports (DOJ Form BOF 021A), person(s) who hold COE(s); and/or the FSD testing equipment and/or facilities of the laboratory.

Cal. Code Regs. Tit. 11, § 4097

1. Change without regulatory effect renumbering section 977.47 to section 4097, including amendment of subsection (c)(1), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).
3. Change without regulatory effect amending subsection (a)(15) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).

Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 23655, Penal Code.

1. Change without regulatory effect renumbering section 977.47 to section 4097, including amendment of subsection (c)(1), filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending section and Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).
3. Change without regulatory effect amending subsection (a)(15) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).