Methamphetamine Law for Retailers
Information for Sellers of Over-the-Counter Cold Medication
(Ephedrine, Psuedoephedrine, and Phenylpropanolamine)
On Friday, June 2, 2006, Governor Murkowski signed
HB149 into law. Among other things, this bill establishes new laws governing
the purchase, sale and sales record requirements for non-prescription cough and
cold medications that contain ephedrine, psuedoephedrine or phenylpropanolamine
(referred to here as "products containing PSE" ).
Sellers of these products should familiarize themselves with the
state and
federal laws related to the storage, display and sale of these products and
make sure their businesses comply as required. A summary of the new requirements
follows:
Sellers -
- May not sell or provide any individual retail customer an amount of products
containing PSE exceeding a daily amount of 3.6 grams of one or more of the PSE
compounds without regard to the number of transactions.
- Should be aware that it is a crime for a purchaser if a purchaser were to
purchase or receive an amount of products containing PSE exceeding a monthly
amount of 6 grams of one or more of the PSE compounds without regard to the
number of transactions. Exceptions apply for persons with legitimate
prescriptions, pharmacists, licensed healthcare professionals and others. It is
not a crime for a seller to unknowingly sell more than the 6 gram limit to a
purchaser but may be a crime if the seller does so knowing the purchaser has
already exceeded the monthly limit.
- May not sell products containing PSE in nonliquid form (including gel caps)
unless the product is packaged in blister packs, each blister containing not
more than 2 dosage units, or where the use of blister packs is technically
infeasible, the product is packaged in unit dose packets or pouches.
- May not sell products containing PSE to anyone under 16 years of age.
- Must keep products containing PSE behind the counter or in a locked storage
container or another location that is not accessible by customers.
- Must deliver products containing PSE directly into the custody of the purchaser
at the time of sale.
- Must require the purchaser to produce a photo identification card issued by a
state or the federal government or a document or combination of documents that
meet the same requirements as those used for verifying employment eligibility on
a Form I-9,
Employment Eligibility Verification Form.
- Must verify that the purchaser is the same person as the person in the
identification documents provided.
- Must maintain a written or
electronic record of each sale of more than 60 milligrams of the PSE
substances that lists the product name, quantity sold, the name and address of
the purchaser, the date and time of the sale, and records the signature of the
person the product is being sold to. The record form or screen must provide a
notice to purchasers that entering false statements or misrepresentations in the
sales record may subject the purchasers to criminal penalties under
section 1001 of title 18, United States Code, which could result in up to a
$250,000 fine and up to 5 years in prison.
- Must maintain the records of sales for at least 2 years.
- Must make the records of sales available to any requesting law enforcement
agency.
- Must protect purchaser privacy by insuring that whatever method used to record
each sale does not disclose the personal information of previous purchasers. A
single record sheet per sale is recommended for written records. A suggested
record format is provided on our website.
- Must provide training to their agents and employees as to the requirements of
the new law and the procedures for complying specific to their particular
business.
The Alaska Department of Public Safety is providing this information in an effort
to assist you in understanding the new law and how it might apply to your
business. This is only a summary not a complete listing of the law and should
not be relied upon as such.
At right are links to various sources of information concerning the new Alaska
law and the federal law, a sample sales record format and other information to
further help you to understand what your responsibilities are as sellers of
these products.
