§ 11-1-23 Sale of products containing ephedrine or pseudoephedrine.
(A) Person(s) selling products containing ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine shall keep such products behind a counter or otherwise in a manner that is inaccessible to the public and in an area where such products are monitored to prevent theft, or unauthorized or uncontrolled purchases.
(B) Person(s) making a retail sale of a product containing ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine shall require acceptable photo identification from the purchaser and shall record in a Purchaser’s Log, the purchaser’s name, date of birth, address, and quantity of ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine product purchased.
(1) For purpose of this subsection, acceptable photo identification means any of the following:
(a) Current driver’s license or picture identification card issued by this or any other state;
(b) A current passport;
(c) A current tribal identification card; or
(d) A current military identification card.
(2) The Purchaser Log shall be kept confidential and made available, upon written request, only to law enforcement personnel (local, state, or federal) and others authorized by law or court order to receive such information. The Purchaser Log shall be maintained for a period of six months unless otherwise directed by law enforcement personnel, law, or court order.
(C) For purposes of this article, a product containing ephedrine or pseudoephedrine includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine. Product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, and/or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that it is a product containing ephedrine or pseudoephedrine. (Ord. 05-974, passed 12-5-05)
Penalty, see Art. 1-8