South Dakota News: Pseudoephedrine/Ephedrine Law

January 1, 2006 4:03 pm Topics: Pseudoephedrine

Published in the January 2006 South Dakota State Board of Pharmacy Newsletter

During the 2005 Legislative Session, a bill was introduced to restrict the sale of non-prescription products containing pseudoephedrine or ephedrine. The Legislature passed this bill and enacted statute South Dakota Codified Law (SDCL) 34-20D, which limits the retail sale to a single transaction of no more than two packages containing pseudoephedrine or ephedrine as an active ingredient.

The retailer must restrict products with pseudoephedrine or ephedrine as the sole active ingredient to behind-the-counter sales where the consumer must ask a store employee for assistance.

A retailer may display combination products containing pseudoephedrine or ephedrine as an active ingredient without restrictions if the products are displayed within 20 feet of the checkout counter to allow the clerk visual contact with the products. If anti-theft devices are employed, combination products can be displayed anywhere in the store.

The pharmacist or retailer shall post a notice at the location to inform the public of package limit requirements of SDCL 34-20D(1-7). The South Dakota Board of Pharmacy encourages each pharmacist to review the law in its entirety at http://legis.state.sd.us/statutes. Go to “Statutes” and click “Quick Find.” Type 34-20D in the box and click on “Get Chapter.”

Pharmacists can help reduce the abuse of these products and have been asked by Governor M. Michael Rounds, the state legislators, and law enforcement to help. Pharmacists are in a position to help make a difference in controlling the availability of these products to those who misuse them.