§ 90-113.52. Pseudoephedrine: restrictions on sales. - North Carolina Statutes

§ 90‑113.52. Pseudoephedrine: restrictions on sales.

(a)        A pseudoephedrineproduct in the form of a tablet, caplet, or gel cap shall not be offered forretail sale loose in bottles but shall be sold only in blister packages.

(b)        Pseudoephedrineproducts shall not be offered for retail sale by self‑service, but shallbe stored and sold in the following manner: Any pseudoephedrine product in theform of a tablet or caplet containing pseudoephedrine as the sole activeingredient or in combination with other active ingredients shall be stored andsold behind a pharmacy counter.

(c)        A pseudoephedrineproduct may be sold at retail without a prescription only to a person at least18 years of age. The retailer shall require every retail purchaser of apseudoephedrine product to furnish photo identification. If the retailer hasreasonable grounds to believe that the prospective purchaser is under 18 yearsof age, the retailer shall require the prospective purchaser to furnish photoidentification showing the date of birth of the person. The name and address ofevery purchaser shall be entered in a record of disposition of pseudoephedrineproducts to the consumer on a form approved by the Commission. The record ofdisposition shall also identify each pseudoephedrine product purchased,including the number of grams the product contains and the purchase date of thetransaction. The retailer shall require that every purchaser sign the formattesting to the validity of the information. The form approved by theCommission shall be constructed so that it allows for entry of information inelectronic format, including electronic signature. The form shall also beconstructed and maintained so as to minimize disclosure of personal informationto unauthorized persons and shall contain a statement in at least 10‑pointboldface type at the top of every page substantially similar to the following:"NORTH CAROLINA LAW STRICTLY PROHIBITS THE PURCHASE OF MORE THAN TWOPACKAGES OF CERTAIN PRODUCTS CONTAINING PSEUDOEPHEDRINE (3.6 GRAMS TOTAL) PERDAY, AND MORE THAN THREE PACKAGES (9 GRAMS TOTAL) OF CERTAIN PRODUCTSCONTAINING PSEUDOEPHEDRINE WITHIN A 30‑DAY PERIOD. BY MY SIGNATURE, IATTEST THAT THE INFORMATION I HAVE PROVIDED IN CONNECTION WITH THIS TRANSACTIONIS TRUE AND CORRECT AND THAT THIS TRANSACTION DOES NOT EXCEED THE PURCHASERESTRICTIONS. I ACKNOWLEDGE THAT KNOWING AND WILLFUL VIOLATION OF THE PURCHASERESTRICTIONS OR THE FURNISHING OF FALSE INFORMATION IN CONNECTION THEREWITH MAYSUBJECT ME TO CRIMINAL PENALTIES." If the form attesting to the validityof this information is to be signed by the purchaser in electronic format, theretailer may choose to display in a clear and conspicuous manner the statementon a sign to be placed immediately adjacent to the device on which the electronicsignature will be obtained, in lieu of including the full statement inelectronic format. If the retailer chooses to display the statement on a signrather than in electronic format, the retailer shall: (i) instruct thepurchaser prior to signing to read the statement; and (ii) include on the formfor signature contained in the electronic device a statement substantiallysimilar to the following: "I have read, understand, and agree with thestatement just shown to me concerning the requirements under State lawpertaining to pseudoephedrine purchases." Display of the sign in thismanner shall satisfy the signage requirements of G.S. 90‑113.54.

(d)        A retailer shallmaintain a record of disposition of pseudoephedrine products to the consumerfor a period of two years from the date of each transaction. A record shall bereadily available within 48 hours of the time of the transaction for inspectionby an authorized official of a federal, State, or local law enforcement agency.The records maintained by a retailer are privileged information and are notpublic records but are for the exclusive use of the retailer and lawenforcement. The retailer may destroy the information after two years from thedate of the transactions.

(e)        This section doesnot apply to any pseudoephedrine product that is in the form of a liquid,liquid capsule, gel capsule, or pediatric product labeled pursuant to federalregulation primarily intended for administration to children under 12 years ofage according to label instruction, except as to those specific products forwhich the Commission issues an order pursuant to G.S. 90‑113.58subjecting the product to requirements under this Article. (2005‑434, s. 1; 2006‑186,s. 1.)