Quote:
(ii) The device contains an identification and tracking system that, when the device is initially used, dispenses coded material traceable to the purchaser through records kept by the manufacturer, and the manufacturer of the device has a policy of providing that identification and tracking information to a police agency upon written request by that agency. However, this subdivision does not apply to a launchable device that is used only by law enforcement agencies.
For that requirement to be met by a "direct contact" type of device, it would have to be adapted to only fire once with the marker, or have a supply on board to cover it for the initial use on the next person.