STATE STATUTES & CODES
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UTAH STATUTES AND CODES
58-37c-20.5 - Pseudoephedrine products -- Limitations on retail sale.
58-37c-20.5. Pseudoephedrine products -- Limitations on retail sale.
(1) As used in this section:
(a) "Mobile retail vendor" means a person or entity that sells product at retail from astand that is intended to be temporary, or that is capable of being moved from one location toanother, whether the stand is located within or on the premises of a fixed facility or is located onunimproved real estate; and
(b) "Product" means any product, mixture, or preparation, or any combination ofproducts that contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts orisomers, or salts of optical isomers, or a combination of any of these substances.
(2) A retail distributor or a mobile retail vendor may not distribute or sell any productthat exceeds the threshold amount of 3.6 grams of ephedrine, pseudoephedrine, orphenylpropanolamine, or any combination of these, regardless of the number of transactions,during any 24-hour period.
(3) A mobile retail vendor may not distribute or sell any product that exceeds thethreshold amount of 7.5 grams of ephedrine, pseudoephedrine, or phenylpropanolamine,regardless of the number of transactions, during any 30-day period.
(4) A retail distributor or a mobile retail vendor may not distribute or sell any product,unless the retail distributor or mobile retail vendor:
(a) stores the product in an area not accessible to customers prior to the sale, which areamay include a locked cabinet to display the product in an area accessible to customers, if thelocked cabinet may be opened only by the retail distributor or mobile retail vendor or itsemployees;
(b) stores all nonliquid scheduled listed chemical products in packaging containingblister packs, with each blister containing no more than two dosage units;
(c) requires the purchaser of the product to provide photo identification issued by agovernmental agency and that includes the purchaser's date of birth;
(d) maintains a written or electronic log under Subsection (5) of the sales made underthis section; and
(e) provides a notice concerning federal penalties for making false statements ormisrepresentations, as provided in Subsection (5)(d).
(5) Each retail distributor or mobile retail vendor shall maintain an electronic or writtenlog that contains the following information regarding each person to whom product is distributedor sold under this section. The log shall include:
(a) the following information, provided or written in the log by the purchaser:
(i) the purchaser's name, address, and date of birth, as demonstrated by a form ofpersonal identification issued by the state or the federal government and that provides anidentifying photograph of the person;
(ii) the date and time of the transaction; and
(iii) the purchaser's signature; and
(b) the following information verified or written in by the retail distributor or the mobileretail vendor:
(i) verification of the identity of the purchaser as indicated by the form of identificationpresented by the purchaser;
(ii) verification that the date and time of the transaction as entered in the log is correct;and
(iii) entry of the brand name and the quantity of the product sold in the transaction.
(c) The retail distributor or the mobile retail vendor shall maintain the informationrequired to be recorded in a log under Subsections (5)(a) and (b) for not less than two years fromthe most recent date contained in the log.
(d) In addition to the log information required under this Subsection (5), the log, or aprominently displayed sign, shall contain the following statement verbatim which shall be visibleto purchasers of product:
"WARNING: Section 1001 of Title 18, United States Code, states that whoever, withrespect to the information to be provided in this log, knowingly and willfully falsifies, conceals,or covers up by any trick, scheme, or device a material fact, or makes any materially false,fictitious, or fraudulent statement or representation, or makes or uses any false writing ordocument, knowing the same to contain any materially false, fictitious, or fraudulent statement orentry, shall be fined not more than $250,000 if an individual or $500,000 if an organization,imprisoned for not more than five years, or both."
(6) (a) A person may not knowingly and intentionally use, release, publish, or otherwisemake available to any person or entity any information in or obtained from a log maintained by aretail distributor or a mobile retail vendor under this section for any purpose other than thosespecified in Subsection (6)(b).
(b) The retail distributor or its designee shall make information in the log available onlyto:
(i) federal, state, and local law enforcement authorities engaged as a duty of theiremployment in enforcing laws regulating controlled substances; and
(ii) an individual:
(A) whose request is for records in the log of that individual's purchase or receipt ofproduct; and
(B) who has provided evidence satisfactory to the retail distributor that the individual isin fact the person regarding whom the requested log entry is made.
(c) Any person who knowingly and intentionally releases or modifies any information inthe log in violation of this Subsection (6) is guilty of a class B misdemeanor.
(7) (a) A person may not purchase product that exceeds the threshold amount of 3.6grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these,regardless of the number of transactions, during any 24-hour period.
(b) A person may not purchase product that exceeds the threshold amount of 9 grams ofephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these, regardless ofthe number of transactions, during any 30-day period.
(c) A violation of this Subsection (7) is a class B misdemeanor.
(8) This section does not apply to any quantity of product possessed by:
(a) a physician, pharmacist, veterinarian, retail distributor, wholesaler, manufacturer,warehouseman, or common carrier, or any agent of these persons, who possess the product in theregular course of lawful business activities; or
(b) a person who possesses the product pursuant to a valid prescription as defined inSection 58-37-2.
(9) This section does not apply to dietary supplements, herbs, or other natural products,including concentrates or extracts, which:
(a) are not otherwise prohibited by law; and
(b) may contain naturally occurring ephedrine, ephedrine alkaloids, or pseudoephedrine,or their salts, isomers, or salts of isomers, or a combination of these substances, that:
(i) are contained in a matrix of organic material; and
(ii) do not exceed 15% of the total weight of the natural product.
(10) This section does not apply to an individual sales transaction in which the purchaserpurchases a single package containing no more than 60 mg of pseudoephedrine.
(11) (a) A violation of this section is a class B misdemeanor, and a second or subsequentviolation of this section is a class A misdemeanor.
(b) For purposes of this section, a plea of guilty or no contest to a violation of this sectionwhich is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of aconviction for a violation of this section, even if the charge has been subsequently reduced ordismissed in accordance with a plea in abeyance agreement.
(1) As used in this section:
(a) "Mobile retail vendor" means a person or entity that sells product at retail from astand that is intended to be temporary, or that is capable of being moved from one location toanother, whether the stand is located within or on the premises of a fixed facility or is located onunimproved real estate; and
(b) "Product" means any product, mixture, or preparation, or any combination ofproducts that contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts orisomers, or salts of optical isomers, or a combination of any of these substances.
(2) A retail distributor or a mobile retail vendor may not distribute or sell any productthat exceeds the threshold amount of 3.6 grams of ephedrine, pseudoephedrine, orphenylpropanolamine, or any combination of these, regardless of the number of transactions,during any 24-hour period.
(3) A mobile retail vendor may not distribute or sell any product that exceeds thethreshold amount of 7.5 grams of ephedrine, pseudoephedrine, or phenylpropanolamine,regardless of the number of transactions, during any 30-day period.
(4) A retail distributor or a mobile retail vendor may not distribute or sell any product,unless the retail distributor or mobile retail vendor:
(a) stores the product in an area not accessible to customers prior to the sale, which areamay include a locked cabinet to display the product in an area accessible to customers, if thelocked cabinet may be opened only by the retail distributor or mobile retail vendor or itsemployees;
(b) stores all nonliquid scheduled listed chemical products in packaging containingblister packs, with each blister containing no more than two dosage units;
(c) requires the purchaser of the product to provide photo identification issued by agovernmental agency and that includes the purchaser's date of birth;
(d) maintains a written or electronic log under Subsection (5) of the sales made underthis section; and
(e) provides a notice concerning federal penalties for making false statements ormisrepresentations, as provided in Subsection (5)(d).
(5) Each retail distributor or mobile retail vendor shall maintain an electronic or writtenlog that contains the following information regarding each person to whom product is distributedor sold under this section. The log shall include:
(a) the following information, provided or written in the log by the purchaser:
(i) the purchaser's name, address, and date of birth, as demonstrated by a form ofpersonal identification issued by the state or the federal government and that provides anidentifying photograph of the person;
(ii) the date and time of the transaction; and
(iii) the purchaser's signature; and
(b) the following information verified or written in by the retail distributor or the mobileretail vendor:
(i) verification of the identity of the purchaser as indicated by the form of identificationpresented by the purchaser;
(ii) verification that the date and time of the transaction as entered in the log is correct;and
(iii) entry of the brand name and the quantity of the product sold in the transaction.
(c) The retail distributor or the mobile retail vendor shall maintain the informationrequired to be recorded in a log under Subsections (5)(a) and (b) for not less than two years fromthe most recent date contained in the log.
(d) In addition to the log information required under this Subsection (5), the log, or aprominently displayed sign, shall contain the following statement verbatim which shall be visibleto purchasers of product:
"WARNING: Section 1001 of Title 18, United States Code, states that whoever, withrespect to the information to be provided in this log, knowingly and willfully falsifies, conceals,or covers up by any trick, scheme, or device a material fact, or makes any materially false,fictitious, or fraudulent statement or representation, or makes or uses any false writing ordocument, knowing the same to contain any materially false, fictitious, or fraudulent statement orentry, shall be fined not more than $250,000 if an individual or $500,000 if an organization,imprisoned for not more than five years, or both."
(6) (a) A person may not knowingly and intentionally use, release, publish, or otherwisemake available to any person or entity any information in or obtained from a log maintained by aretail distributor or a mobile retail vendor under this section for any purpose other than thosespecified in Subsection (6)(b).
(b) The retail distributor or its designee shall make information in the log available onlyto:
(i) federal, state, and local law enforcement authorities engaged as a duty of theiremployment in enforcing laws regulating controlled substances; and
(ii) an individual:
(A) whose request is for records in the log of that individual's purchase or receipt ofproduct; and
(B) who has provided evidence satisfactory to the retail distributor that the individual isin fact the person regarding whom the requested log entry is made.
(c) Any person who knowingly and intentionally releases or modifies any information inthe log in violation of this Subsection (6) is guilty of a class B misdemeanor.
(7) (a) A person may not purchase product that exceeds the threshold amount of 3.6grams of ephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these,regardless of the number of transactions, during any 24-hour period.
(b) A person may not purchase product that exceeds the threshold amount of 9 grams ofephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these, regardless ofthe number of transactions, during any 30-day period.
(c) A violation of this Subsection (7) is a class B misdemeanor.
(8) This section does not apply to any quantity of product possessed by:
(a) a physician, pharmacist, veterinarian, retail distributor, wholesaler, manufacturer,warehouseman, or common carrier, or any agent of these persons, who possess the product in theregular course of lawful business activities; or
(b) a person who possesses the product pursuant to a valid prescription as defined inSection 58-37-2.
(9) This section does not apply to dietary supplements, herbs, or other natural products,including concentrates or extracts, which:
(a) are not otherwise prohibited by law; and
(b) may contain naturally occurring ephedrine, ephedrine alkaloids, or pseudoephedrine,or their salts, isomers, or salts of isomers, or a combination of these substances, that:
(i) are contained in a matrix of organic material; and
(ii) do not exceed 15% of the total weight of the natural product.
(10) This section does not apply to an individual sales transaction in which the purchaserpurchases a single package containing no more than 60 mg of pseudoephedrine.
(11) (a) A violation of this section is a class B misdemeanor, and a second or subsequentviolation of this section is a class A misdemeanor.
(b) For purposes of this section, a plea of guilty or no contest to a violation of this sectionwhich is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of aconviction for a violation of this section, even if the charge has been subsequently reduced ordismissed in accordance with a plea in abeyance agreement.
Enacted by Chapter 358, 2007 General Session
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