Title 58 Occupations and Professions Chapter 37c Utah Controlled Substance Precursor Act Section 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 a
stand that is intended to be temporary, or that is capable of being moved from one location to
another, whether the stand is located within or on the premises of a fixed facility or is located on
unimproved real estate; and
(b) "Product" means any product, mixture, or preparation, or any combination of
products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or
isomers, 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 product
that exceeds the threshold amount of 3.6 grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, 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 the
threshold 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 area
may include a locked cabinet to display the product in an area accessible to customers, if the
locked cabinet may be opened only by the retail distributor or mobile retail vendor or its
employees;
(b) stores all nonliquid scheduled listed chemical products in packaging containing
blister packs, with each blister containing no more than two dosage units;
(c) requires the purchaser of the product to provide photo identification issued by a
governmental agency and that includes the purchaser's date of birth;
(d) maintains a written or electronic log under Subsection (5) of the sales made under
this section; and
(e) provides a notice concerning federal penalties for making false statements or
misrepresentations, as provided in Subsection (5)(d).
(5) Each retail distributor or mobile retail vendor shall maintain an electronic or written
log that contains the following information regarding each person to whom product is distributed
or 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 of
personal identification issued by the state or the federal government and that provides an
identifying 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 mobile
retail vendor:
(i) verification of the identity of the purchaser as indicated by the form of identification
presented 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 information
required to be recorded in a log under Subsections (5)(a) and (b) for not less than two years from
the most recent date contained in the log.
(d) In addition to the log information required under this Subsection (5), the log, or a
prominently displayed sign, shall contain the following statement verbatim which shall be visible
to purchasers of product:
"WARNING: Section 1001 of Title 18, United States Code, states that whoever, with
respect 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 or
document, knowing the same to contain any materially false, fictitious, or fraudulent statement or
entry, 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 otherwise
make available to any person or entity any information in or obtained from a log maintained by a
retail distributor or a mobile retail vendor under this section for any purpose other than those
specified in Subsection (6)(b).
(b) The retail distributor or its designee shall make information in the log available only
to:
(i) federal, state, and local law enforcement authorities engaged as a duty of their
employment 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 of
product; and
(B) who has provided evidence satisfactory to the retail distributor that the individual is
in fact the person regarding whom the requested log entry is made.
(c) Any person who knowingly and intentionally releases or modifies any information in
the 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 3.6
grams 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 of
ephedrine, pseudoephedrine, or phenylpropanolamine, or any combination of these, regardless of
the 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 the
regular course of lawful business activities; or
(b) a person who possesses the product pursuant to a valid prescription as defined in
Section 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 purchaser
purchases 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 subsequent
violation 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 section
which is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a
conviction for a violation of this section, even if the charge has been subsequently reduced or
dismissed in accordance with a plea in abeyance agreement.
Enacted by Chapter 358, 2007 General Session
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