Legal Documents of Baxter

No person shall sell or deliver, or attempt to sell or deliver in any single retail sale, a package that contains more than one hundred (100) tablets of any product that contains any quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or any number of packages that contain a combined total of three (3) or more grams of ephedrine, pseudoephedrine, or phenylpropanolamine whether as the sole active ingredient or in combination products that have less than therapeutically significant quantities of other active ingredients.

1. The following definitions apply to this section:
   
   
   
   1. The use of the terms "ephedrine," "pseudoephedrine," "phenylpropanolamine" in this section all include the salts, optical isomers, or salts of optical isomers of ephedrine, pseudoephedrine and phenylpropanolamine.
   2. The use of the term "retail establishment" in this section shall include any business entity and individual person who sells, offers for sale or attempts to sell any product containing ephedrine, pseudoephedrine or phenylpropanolamine at retail.
   3. The use of the term "consumer accessible shelving" in this shall mean any area of a retail establishment other than product display area behind a counter where the public is not permitted, or within a locked display case or within six feet (6') of a register located on a checkout counter.
2. All packages of any product containing ephedrine, pseudoephedrine or phenylpropanolamine, whether as the sole active ingredient or in combination products that have less than therapeutically significant quantities of other active ingredients, shall not be displayed or offered for sale in any retail establishment on consumer-accessible shelving.
3. This section shall not apply as follows:
   
   
   
   1. To any product labeled pursuant to federal regulations for use only in children under twelve (12) years of age;
   2. To any products that the state department of health, upon application of a manufacturer, determines has been formulated in such a way as to effectively prevent its use in the illicit manufacture of methamphetamine;
   3. To any animal feed products containing ephedrine, or naturally occurring or herbal ephedra or extract of ephedra, pseudoephedrine, or phenylpropanolamine; and
   4. To the sale or delivery of any product containing ephedrine, pseudoephedrine, or phenylpropanolamine pursuant to the lawful prescription of a person authorized by state law to prescribe such products.
4. Any person who is considered the operator of a retail establishment where products containing ephedrine, pseudoephedrine, or phenylpropanolamine are available for sale who violates subsections (2) or (3) shall not be penalized pursuant to this chapter if such a person documents that an employee training program was in place to provide the employees with information on the local, state and federal regulations regarding ephedrine, pseudoephedrine and phenylpropanolamine, and that the employees had completed the training program.
5. Register required for sales:
   
   
   
   1. Any retail establishment that sells or delivers, or attempts to sell or deliver, to a person any product containing ephedrine, pseudoephedrine, or phenylpropanolamine, whether as the sole active ingredient or in combination products that have less than therapeutically significant quantities of other active ingredients, shall require such person to show proper identification and to sign a register.
   2. The register described in subsection (5)(a) shall be created by any retail establishment that sells a product or products described in subsection (5)(a) and shall require at least the following information:
      1. The specific quantity of ephedrine, pseudoephedrine or phenylpropanolamine purchased;
      2. The signature of the purchaser;
      3. The name and residential or mailing address of the purchaser, other than a post office box number;
      4. The number of the purchaser's motor vehicle operator's license or other proper identification at the time of the purchase;
      5. The date of such purchase; and
      6. The signature of an employee of the retail establishment as witness to the purchase and identification of the purchaser.
   3. The retail establishment shall retain each original register for three (3) years in a readily presentable and readable manner, and present the register upon demand by any law enforcement officer or authorized representative of the district attorney general's office.
   4. As used in this section, "proper identification" means a valid motor vehicle operator's license or other official and valid state-issued identification of the purchaser that contains a photograph of the purchaser.
   5. This section shall not apply to the sale or delivery of any product containing ephedrine, pseudoephedrine, or phenylpropanolamine by a licensed pharmacy upon a pharmacist making a good faith determination that the purchase of the product is for a legitimate medical purpose.
6. It is a civil offense to fail to comply with the foregoing regulations. Any violation of this section is punishable by civil penalty of up to fifty dollars ($50.00). Each day a violation continues under this section shall constitute a separate offense. (2011 Code, § 9-203)