§329-75  Sales of products, mixtures, orpreparations containing pseudoephedrine; reporting requirement for wholesalers. (a)  Notwithstanding any other law to the contrary, a pharmacy or retailer maysell or distribute to a person without a prescription not more than 3.6 gramsper day, without regard to the number of transactions, of any product, mixture,or preparation containing any detectable quantity of pseudoephedrine, itssalts, optical isomers, or salts of optical isomers as the only active ingredientor in combination with other active ingredients; provided that the pharmacy orretailer shall comply with the following conditions:

(1)  The product, mixture, or preparation shall besold or distributed from an area not accessible by customers or the generalpublic, such as behind the counter or in a locked display case and where theseller delivers the product directly into the custody of the purchaser;

(2)  Any person purchasing or otherwise acquiring anyproduct, mixture, or preparation shall produce proper identification containingthe photograph, date of birth, printed name, signature, and address of theindividual obtaining the substance;

(3)  The pharmacy or retailer shall record, in anelectronic log on software provided by the narcotics enforcement division ofthe department and approved by the administrator:

(A)  The date of any transaction underparagraph (2);

(B)  The name, address, and date of birth ofthe person;

(C)  The type of identification provided by theindividual obtaining the substance;

(D)  The agency issuing the identificationused; and

(E)  The name of the compound, mixture, orpreparation, and the amount; and

(4)  The pharmacy or retailer shall:

(A)  Record the information required underparagraph (3) on an electronic worksheet on software provided by the narcoticsenforcement division of the department; and

(B)  Electronically mail the worksheet recordto the narcotics enforcement division once a month.

The information shall be retained by the pharmacyor retailer for a period of two years.  The electronic log shall be capable ofbeing checked for compliance against all state and federal laws, includinginterfacing with other states to ensure comprehensive compliance, and shall besubject to random and warrantless inspection by county or state law enforcementofficers.

(b)  No person shall knowingly purchase,possess, receive, or otherwise acquire more than nine grams of any product,mixture, or preparation containing any detectable quantity of pseudoephedrineor its salts, isomers, or salts of optical isomers within a thirty-day period,except that this limit shall not apply to any quantity of such product,mixture, or preparation dispensed pursuant to a valid prescription.

(c)  Any person who violates subsection (b) is guiltyof a class C felony.

(d)  The department, by rule, may exempt otherproducts from this section, if the administrator finds that the products arenot used in the illegal manufacture of methamphetamine or other controlledsubstances.  A manufacturer of a drug product may apply for removal of theproduct from this section if the product is determined by the administrator tohave been formulated in such a way as to effectively prevent the conversion ofthe active ingredient into methamphetamine.

(e)  Notwithstanding any other provision ofthis chapter to the contrary, every wholesaler shall report to theadministrator all sales made to any retailer, of any product, mixture, orpreparation containing any detectable quantity of pseudoephedrine, its salts,optical isomers, or salts of optical isomers, as the only active ingredient orin combination with other active ingredients.  The department shall provide acommon reporting form that contains at least the following information aboutthe product, mixture, or preparation:

(1)  Generic or other name;

(2)  Quantity sold;

(3)  Date of sale;

(4)  Name and address of the wholesaler; and

(5)  Name and address of the retailer.

(f)  Intentional or knowing failure of aretailer or pharmacy to transmit any information as required by this sectionshall be a misdemeanor and shall result in the immediate suspension of thatretailer's ability to sell any product, mixture, or preparation containing anydetectable quantity of pseudoephedrine, its salts, optical isomers, or salts ofoptical isomers as the only active ingredient or in combination with otheractive ingredients until authorized by the administrator. [L 2005, c 193, pt of§1; am L 2006, c 171, §3; am L 2008, c 119, §7 and c 184, §1]