126.23A - PSEUDOEPHEDRINE RETAIL RESTRICTIONS. - Iowa Statutes

126.23A PSEUDOEPHEDRINE RETAIL RESTRICTIONS. 1. a. A retailer or an employee of a retailer shall not do any of the following: (1) Sell more than seven thousand five hundred milligrams of pseudoephedrine to the same person within a thirty-day period. (2) Knowingly sell more than one package of a product containing pseudoephedrine to a person in a twenty-four-hour period. (3) Sell a package of a pseudoephedrine product that can be further broken down or subdivided into two or more separate and distinct packages or offer promotions where a pseudoephedrine product is given away for free as part of any purchase transaction. b. A retailer or an employee of a retailer shall do the following: (1) Provide for the sale of a pseudoephedrine product in a locked cabinet or behind a sales counter where the public is unable to reach the product and where the public is not permitted. (2) Require a purchaser to present a government-issued photo identification card identifying the purchaser prior to purchasing a pseudoephedrine product. (3) Require the purchaser to sign a logbook and to also require the purchaser to legibly print the purchaser's name and address in the logbook. (4) Print the name of the pseudoephedrine product purchased and quantity sold next to the name of each purchaser in the logbook. (5) Determine the signature in the logbook corresponds with the name on the government-issued photo identification card. (6) Keep the logbook twenty-four months from the date of the last entry. (7) Provide notification in a clear and conspicuous manner in a location where a pseudoephedrine product is offered for sale stating the following: Iowa law prohibits the over-the-counter purchase of more than one package of a product containing pseudoephedrine in a twenty-four-hour period or of more than seven thousand five hundred milligrams of pseudoephedrine within a thirty-day period. If you purchase a product containing pseudoephedrine, you are required to sign a logbook which may be accessible to law enforcement officers. (8) Provide notification affixed to the logbook stating that a purchaser entering a false statement or misrepresentation in the logbook may subject the purchaser to criminal penalties under 18 U.S.C. § 1001. (9) Disclose logbook information as provided by state and federal law. (10) Comply with training requirements pursuant to federal law. 2. A purchaser shall not do any of the following: a. Purchase more than one package of a pseudoephedrine product within a twenty-four-hour period from a retailer. b. Purchase more than seven thousand five hundred milligrams of pseudoephedrine from a retailer, either separately or collectively, within a thirty-day period. 3. A purchaser shall sign the logbook and also legibly print the purchaser's name and address in the logbook. 4. Enforcement of this section shall be implemented uniformly throughout the state. A political subdivision of the state shall not adopt an ordinance regulating the display or sale of products containing pseudoephedrine. An ordinance adopted in violation of this section is void and unenforceable and any enforcement activity of an ordinance in violation of this section is void. 5. The logbook may be kept in an electronic format upon approval by the department of public safety. 6. A pharmacy that sells a product that contains three hundred sixty milligrams or less of pseudoephedrine on a retail basis shall comply with the provisions of this section with respect to the sale of such product. However, a pharmacy is exempted from the provisions of this section when selling a pseudoephedrine product pursuant to section 124.212. 7. A retailer or an employee of a retailer that reports to any law enforcement agency any alleged criminal activity related to the purchase or sale of pseudoephedrine or who refuses to sell a pseudoephedrine product to a person is immune from civil liability for that conduct, except in cases of willful misconduct. 8. If a retailer or an employee of a retailer violates any provision of this section, a city or county may assess a civil penalty against the retailer upon hearing and notice as provided in section 126.23B. 9. An employee of a retailer who commits a violation of subsection 1 or a purchaser who commits a violation of subsection 2 commits a simple misdemeanor punishable by a scheduled fine under section 805.8C, subsection 6. 10. As used in this section, "retailer" means a person or business entity engaged in this state in the business of selling products on a retail basis. An "employee of a retailer" means any employee, contract employee, or agent of the retailer.          Section History: Recent Form 2004 Acts, ch 1127, §1; 2005 Acts, ch 15, §3, 14; 2005 Acts, ch 179, §115--117; 2009 Acts, ch 25, §7, 8 Referred to in § 124.212, 124.213, 126.23B, 602.8105, 714.7C, 805.8C(6) Theft of pseudoephedrine, see §714.7C