§329-64  Exceptions.  (a)  Therequirements imposed by sections 329‑62, 329‑63(a), and 329‑67of this part shall not apply to any of the following:

(1)  Any pharmacist or other authorized person whosells or furnishes a substance upon the prescription of a physician, dentist,podiatrist, or veterinarian;

(2)  Any physician, dentist, podiatrist, orveterinarian who administers or furnishes a substance to patients;

(3)  Any manufacturer or wholesaler licensed by theState who sells, transfers, or otherwise furnishes a substance to a licensedpharmacy, physician, dentist, podiatrist, or veterinarian;

(4)  Any sale, transfer, furnishing, or receipt of anydrug that contains pseudoephedrine or norpseudoephedrine that is lawfully sold,transferred, or furnished over the counter without a prescription pursuant tothe federal Food, Drug, and Cosmetic Act (21 United States Code Sec. 301 etseq.) or regulations adopted thereunder as long as it complies with therequirements of sections 329-73, 329-74, and 329-75; and

(5)  Any "dietary supplement" as defined bythe federal Food, Drug, and Cosmetic Act (21 United States Code Sec. 301)containing ephedrine alkaloids extracted from any species of Ephedra that meetsall of the following criteria:

(A)  It contains, per dosage unit or serving,not more than twenty-five milligrams of ephedrine alkaloids and its labelingdoes not suggest or recommend a total daily intake of more than onehundred milligrams of ephedrine alkaloids;

(B)  It contains no hydrochloride or sulfate saltsof ephedrine alkaloids; and

(C)  It is packaged with a prominent labelsecurely affixed to each package that states all of the following:

(i)  The amount in milligrams of ephedrinealkaloids in a dosage unit or serving;

(ii)  The amount of the dietary supplement thatconstitutes a dosage unit or serving; and

(iii)  The maximum recommended dosage of ephedrinealkaloids for a healthy adult human is not more than one hundred milligrams ina twenty-four-hour period.

(b)  Notwithstanding the exceptions created bysubsection (a) of this section, any manufacturer, wholesaler, retailer, orother person who sells, transfers, or otherwise distributes in this State anylist 1 or list 2 chemical, as defined in section 329-61, and who is required toregister with the federal Drug Enforcement Administration as a list I chemicaldistributor under federal law (or who registers as a controlled substancedistributor in lieu thereof), shall submit a copy of that registrationapplication to the department of public safety.  When such application isgranted, the distributor shall file a copy of the federal Drug EnforcementAdministration List I Chemical Registration (or Controlled SubstanceRegistration) with the department.  The distributor shall also file with the departmenta duplicate copy of any reports required under federal law at the same time assuch reports are filed with the federal Drug Enforcement Administration for anytransactions involving list I chemicals that shall be shipped into or otherwisetransferred or distributed in this State.

(c)  The exceptions set forth in subsection (a)of this section shall not be a defense to any offense as set forth in section329-65(c) and (d). [L 1990, c 200, pt of §1; am L 1999, c 252, §10; am L 2006,c 171, §2]