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Idaho News: House Bill 530
Published in the June 2006 Idaho Board of Pharmacy Newsletter
House Bill No. 530 addressed the sale of pseudoephedrine.
37-3301. DEFINITIONS. As used in this chapter:
1. “Pseudoephedrine product” means any compound, mixture or preparation containing any detectable quantity of pseudoephed¬rine, its salts or optical isomers, or salts of optical isomers.
2. “Retailer” means any person, other than a wholesaler, who sells or offers for sale or distributes at retail pseudoephedrine products, irrespective of the quantity or the amount of sales of such pseudoephedrine.
37-3302. SALES OF PSEUDOEPHEDRINEPRODUCTS. A retailer shall ensure that:
1. Pseudoephedrine products offered for sale are located either in an area where the public is not permitted or inside a locked display case; and
2. All distributions of pseudoephedrine products are conducted by an employee of the retailer. No pseudoephedrine products shall be dispensed by a self-service system of any kind.
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 transaction a pseudoephedrine product or products containing more than nine (9) grams of pseudoephedrine.
2. It shall be unlawful for any person to knowingly purchase a pseudo¬ephedrine product or products containing more than nine (9) grams of pseudoephedrine from a retailer in a single thirty (30) day period.
3. At the time of distribution or sale of a pseudoephedrine product or products, the retailer shall ensure that the purchaser presents a government-issued photo identification.
37-3304 PENALTIES. A person who knowingly violates any provision of this chapter shall be guilty of a misdemeanor.
37-3305. PREEMPTION. The provisions of this chapter shall be construed to preempt more stringent regulation of retail sales of pseudo¬ephedrine products by any county, city or other political subdivision.
37-3306. APPLICATION. The provisions of this chapter shall not apply to a pseudoephedrine product dispensed pursuant to a valid prescription unless otherwise provided by law.
