TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 33

RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS

37-3303.  Limitations on sales and purchases. (1) It shall be unlawful for any retailer to knowingly sell, transfer or otherwise furnish in a single day a pseudoephedrine product or products containing more than a base amount of three and six-tenths (3.6) grams of pseudoephedrine.

(2)  It shall be unlawful for any person to knowingly purchase from a retailer more than the daily sales limit of a pseudoephedrine product or products containing a base amount of three and six-tenths (3.6) grams per purchaser or more than a base amount of nine (9) grams of pseudoephedrine in a single thirty (30) day period, regardless of the number of transactions.

(3)  The retailer shall not sell the pseudoephedrine product unless the purchaser presents a photographic identification card issued by a state or by the federal government.

(4)  (a) A retailer shall, before completing a sale under the provisions of this section, submit the required information to the electronic sales tracking system established under section 37-3303A, Idaho Code, as long as such a system is available without charge to the retailer for accessing the system. The retailer may not complete the sale if the system generates a stop sale alert, except as permitted in section 37-3303A, Idaho Code.

(b)  If a retailer selling a nonprescription pseudoephedrine product experiences mechanical or electronic failure of the electronic sales tracking system and is unable to comply with the electronic sales tracking requirement, he or she shall make available for inspection by any law enforcement officer or board inspector during normal business hours the logbook required by the federal combat methamphetamine epidemic act of 2005 until such time as he or she is able to comply with the electronic sales tracking requirement.

(c)  A retailer selling a nonprescription pseudoephedrine product may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons for the exemption. The board may grant an exemption for good cause shown, but in no event shall a granted exemption exceed one hundred eighty (180) days. The board may grant multiple exemptions for any retailer if the good cause shown indicates significant hardship for compliance with this section. A retailer that receives an exemption shall make available for inspection by any law enforcement officer or board inspector during normal business hours the logbook required by the federal combat methamphetamine epidemic act of 2005. For purposes of this subsection, "good cause" includes, but is not limited to, situations where the installation of the necessary equipment to access the system is unavailable or cost prohibitive to the retailer.

(d)  A retailer may withdraw from participating in the electronic sales tracking system if the system is no longer being furnished without charge for accessing the system. A retailer who withdraws from the electronic sales tracking system is subject to the same requirements as a retailer who has been granted an exemption under subsection (c) of this section.

(e)  For the purposes of subsection (4) of this section and section 37-3303A, Idaho Code:

(i)   "Charge for accessing the system" means charges relating to:

1.   Access to the web-based electronic sales tracking software;

2.   Training; and

3.   Technical support to integrate to point of sale vendors, if necessary.

(ii)   "Charge for accessing the system" does not include:

1.   Charges relating to required internet access;

2.   Optional hardware that a pharmacy may choose to purchase for work flow purposes; or

3.   Other equipment.

History:

[37-3303, added 2006, ch. 95, sec. 1, p. 269; am. 2012, ch. 303, sec. 1, p. 841.]