State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37c > 58-37c-8

58-37c-8. License -- Exceptions from licensure or regulation.
(1) Any person engaged in a regulated transaction under this chapter shall hold acontrolled substance precursor license issued under Section 58-37c-7, unless excepted fromlicensure under this chapter.
(2) The division shall:
(a) establish the form of application for a license, the requirements for licensure, and feesfor initial licensure and renewal; and
(b) identify required information to be contained in the application as a condition oflicensure.
(3) A practitioner who holds a Utah Controlled Substance License and a ControlledSubstance Registration issued by the Drug Enforcement Administration of the U.S. Governmentis excepted from licensure under this chapter.
(4) Any purchase, sale, transfer, furnishing, or receipt of any drug intended for lawful usein the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals,which contains ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, if thedrug is lawfully purchased, sold, transferred, or furnished as an over-the-counter medicationwithout prescription pursuant to the federal Food, Drug and Cosmetic Act, 21 USC, Sec. 301 etseq., or regulations adopted under that act, are excepted from licensure, reporting, andrecordkeeping under this chapter, except that products containing ephedrine, pseudoephedrine, orphenylpropanolamine are subject to Section 58-37c-20.5.
(5) Any purchase, sale, transfer, receipt, or manufacture of any dietary supplement,vitamins, minerals, herbs, or other similar substances, including concentrates or extracts, whichare not otherwise prohibited by law, and which may contain naturally occurring amounts ofchemicals or substances listed in this chapter, or in rules adopted pursuant to Title 63G, Chapter3, Utah Administrative Rulemaking Act, are exempt from licensure under this chapter.
(6) A purchaser of two ounces or less of crystal iodine in a single transaction is notrequired to be licensed as a regulated purchaser if the transaction complies with Section58-37c-18.
(7) Any purchase, sale, transfer, receipt, or manufacture of any product that contains anyprecursor chemical listed in Subsection 58-37c-3(2)(ff) or (gg) and that is not intended for humanconsumption is exempt from licensure or regulation and is not subject to criminal penalties underthis chapter.

Amended by Chapter 240, 2010 General Session