State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-456

28-456. Phenylpropanolamineor pseudoephedrine; sold without a prescription; requirements; enforcement.(1) Any drug products containing phenylpropanolamine, pseudoephedrine,or their salts, optical isomers, or salts of such optical isomers may be soldwithout a prescription only if they are:(a) Labeled and marketed in a manner consistent with thepertinent OTC Tentative Final or Final Monograph;(b) Manufactured and distributed for legitimate medicinaluse in a manner that reduces or eliminates the likelihood of abuse;(c) Packaged as follows:(i) Except for liquids, sold in package sizes of not morethan three and six-tenths grams of pseudoephedrine base or three and six-tenthsgrams of phenylpropanolamine base, in blister packs, each blister containingnot more than two dosage units, or if the use of blister packs is technicallyinfeasible, in unit dose packets or pouches; and(ii) For liquids, sold in package sizes of not more thanthree and six-tenths grams of pseudoephedrine base or three and six-tenthsgrams of phenylpropanolamine base;(d) Sold by a person, eighteen years of age or older, inthe course of his or her employment to a customer, eighteen years of age orolder, with the following restrictions:(i) No customer shall be allowed to purchase, receive, orotherwise acquire more than three and six-tenths grams of pseudoephedrinebase or three and six-tenths grams of phenylpropanolamine base during a twenty-four-hourperiod;(ii) No customer shall purchase, receive, or otherwise acquiremore than nine grams of pseudoephedrine base or nine grams of phenylpropanolaminebase during a thirty-day period; and(iii) The customer shall display a valid driver's or operator'slicense, a Nebraska state identification card, a military identification card,an alien registration card, or a passport as proof of identification; and(e) Stored behind a counter, in an area not accessible tocustomers, or in a locked case so that a customer needs assistance from anemployee to access the drug product.(2) Any person who sells drug products in violation of thissection may be subject to a civil penalty of fifty dollars per day, and fora second or any subsequent violation, the penalty may be one hundred dollarsper day. Any such drug products shall be seized and destroyed upon the findingof a violation of this section. The department, in conjunction with the AttorneyGeneral, the Nebraska State Patrol, and local law enforcement agencies, shallhave authority to make inspections and investigations to enforce this section.In addition, the department may seek injunctive relief for suspected violationsof this section. SourceLaws 2001, LB 113, § 9; Laws 2005, LB 117, § 5; Laws 2007, LB218, § 1; Laws 2007, LB296, § 36; Laws 2009, LB151, § 2.