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§ 780-113.6. Ephedrine and pseudoephedrine; electronic tracking

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 6. The Controlled Substance, Drug, Device and Cosmetic Act (Refs & Annos)
Effective: April 7, 2014
35 P.S. § 780-113.6
§ 780-113.6. Ephedrine and pseudoephedrine; electronic tracking
(a) Retailers shall be prohibited from making sales to an individual of, and an individual shall be prohibited from purchasing, ephedrine or pseudoephedrine base, or their salts, isomers or salts of isomers in excess of the following amounts:
(1) 3.6 grams of ephedrine or pseudoephedrine base contained in a product or combination of products per day.
(2) 9 grams of ephedrine or pseudoephedrine base contained in a product or combination of products per thirty-day period.
(b) Nonprescription products containing ephedrine or pseudoephedrine shall be maintained behind the counter or in a locked case where the customer does not have direct access.
(c) A retailer shall require any person purchasing a nonprescription product that contains ephedrine or pseudoephedrine to present a valid government-issued photo identification, or other document considered acceptable under Federal law for this purpose, at the point of sale. The retailer shall record the following:
(1) Name and address of the purchaser.
(2) Name and quantity of product purchased.
(3) Date and time of purchase.
(4) Purchaser identification type and number, such as driver's license state and number, and require the purchaser's signature in a logbook.
(d) A retailer shall, before completing a sale under this section, electronically submit the required information to the real-time stop sale system administered by the department, provided that the system is available without a charge for retailers to access. Absent negligence, wantonness, recklessness or deliberate misconduct, any retailer using the electronic sales tracking system in accordance with this subsection shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection and shall be immune from liability to any third party unless the retailer has violated any provision of this subsection in relation to a claim brought for such violation.
(e) If a retailer selling a nonprescription product containing ephedrine or pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain a written log or an alternative electronic recordkeeping mechanism until such time as the retailer is able to comply with the electronic sales tracking requirement. A retailer that does not have Internet access to the electronic sales tracking system is compliant with the requirements of this section if the retailer maintains a written log or an alternative recordkeeping mechanism.
(f) The vendor of the real-time stop-sale system shall forward State transaction records in the real-time stop-sale system to the department weekly and provide real-time access to the real-time stop-sale system information through the system's online portal to law enforcement in this Commonwealth as authorized by the department.
(g) The department shall work with the real-time stop-sale vendor to ensure that the real-time stop-sale system shall be capable of generating a stop-sale alert, which shall be a notification that completion of the sale would result in the retailer or purchaser violating the quantity limits set forth in this section. The retailer shall not complete the sale if the electronic system generates a stop-sale alert. The department shall work with the real-time stop-sale vendor to ensure that the system contains an override function that may be used by a retailer of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if it does not complete a sale. Each instance in which the override function is used shall be logged in the system.
(h) A violation of any provision of this section is a misdemeanor, punishable by fine only.
(i) This section does not apply to a person who obtains the product pursuant to a valid prescription.
(j) This section shall supersede any other laws or regulations governing the sales of products containing ephedrine or pseudoephedrine.

Credits

1972, April 14, P.L. 233, No. 64, § 13.6, added 2013, July 9, P.L. 359, No. 53, § 3, effective in 270 days [April 7, 2014].
35 P.S. § 780-113.6, PA ST 35 P.S. § 780-113.6
Current through 2020 Regular Session Act 77. Some statute sections may be more current, see credits for details.
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