(SB 221)
Products containing pseudoephedrine or ephedrine sales restricted.
Section
1.
No retailer may sell, in a single transaction, more than two packages containing
pseudoephedrine or ephedrine as an active ingredient. For purposes of this Act, the term, retailer,
means any person who sells merchandise at retail and from whom original packages of
nonprescription drugs are sold or taken to be sold at retail. Any retailer or any employee of a
retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section
is guilty of a Class 1 misdemeanor.
Section
2.
No person may purchase, in a single transaction, more than two packages containing
pseudoephedrine or ephedrine as an active ingredient. Any person who purchases packages
containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1
misdemeanor.
Section
3.
Any retailer who offers for sale a product containing pseudoephedrine as the
product's sole active ingredient shall display and offer the product for sale, except as otherwise
provided, behind a counter where the public is not permitted or in a locked case so that a customer
wanting access to the package must ask a store employee for assistance. The retailer may display
or offer for sale without restriction a product containing pseudoephedrine as the sole active
ingredient if the product is displayed using any type of anti-theft device system including an
electronic anti-theft device system that utilizes a product tag and detection alarm which prevents
the theft of the product. This section does not apply to any package of a product containing
pseudoephedrine as the product's sole active ingredient which is in liquid, liquid cap, or gel cap
form or any package of a product containing pseudoephedrine as the product's sole active
ingredient which is primarily intended for administration to children under twelve years of age,
according to the product's label, regardless of whether the product is in liquid or solid form.
Section
4.
Any retailer who offers for sale any combination product containing
pseudoephedrine or ephedrine as an active ingredient, any package of a product containing
pseudoephedrine as the product's sole active ingredient which is in liquid, liquid cap, or gel cap
form or any package of a product containing pseudoephedrine as the product's sole active
ingredient which is primarily intended for administration to children under twelve years of age,
according to the product's label, regardless of whether the product is in liquid or solid form, shall
display and offer such product for sale, except as otherwise provided, within twenty feet of a
counter which allows the attendant to view the products in an unobstructed manner. A retailer may
display or offer for sale without restriction any of the products listed in this section if the product
is displayed using any type of anti-theft device system, including an electronic anti-theft device
system that utilizes a product tag and detection alarm which prevents the theft of the product.
Section
5.
A retailer shall post notice at the location where a product containing
pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the
following:
Section
6.
No employee or retailer is civilly liable to any injured person or the person's estate
for any injury suffered, including any wrongful death, or property damage suffered due to the sale
of any pseudoephedrine or ephedrine product in violation of section 1 of this Act.
Section
7.
No county or municipality may establish requirements or establish a penalty that is
higher or more stringent than the requirements or penalties established by this Act.