21 Code For Federal Regulation Parts 1305, 1311 Page 14
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67Commenters also stated that the meaning of § 1305.26 on lost orders was confusing and
requested that only the purchaser maintain records of lost orders. DEA agrees and has revised
the rule to specify that a supplier need maintain only those orders that the supplier fills.
Commenters stated that suppliers should not be required to maintain records of orders
that are canceled. DEA agrees. Suppliers are only required to maintain records of orders that
they fill. Suppliers need not return the electronic order to the purchaser, however, the supplier
must notify the purchaser of the cancellation of the order. Commenters also said that purchasers
should be able to use any method to notify the supplier that an order was canceled. DEA
disagrees. Notification of an order cancellation must be written so that the purchaser can
maintain a verifiable record. Written notification includes paper, facsimile, or electronically
transmitted notifications such as e-mail; notification by telephone is not allowed.
Validity of a signature. Commenters asked whether it was feasible to determine whether
a signature was valid at the time of signing. Commenters were particularly concerned that, if
there was a delay in processing an order, they should be able to reject an order if the signature
was no longer valid at the time of shipping.
The purpose of the requirement for consistent time systems is to allow suppliers to
determine whether a signature was valid at the time of signing. If a digital signature was valid
on Friday when the order was signed, but expired on Monday, DEA considers that the order is
valid. Unless DEA or the purchaser has notified a supplier that orders issued by a specific
person should not be filled, an order signed with a digital certificate that was valid at the time of
signing is a valid order. A registrant may choose not to fill the order for any reason; if registrants
want to require that the signature still be valid at the time of filling, they may do so. Suppliers
have the option of imposing more stringent standards. As a secondary note, DEA wishes to
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