South Dakota News: Update on Pseudoephedrine

July 1, 2006 2:16 pm Topics: Pseudoephedrine

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

As you know, the South Dakota Legislature passed legislation that went into effect July 1, 2006. The South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription order prescribed by a practitioner.

Any product containing pseudoephedrine or ephedrine as an active ingredient must be displayed for sale 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; or the products may be displayed without restriction if the product contains 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.

Retail businesses offering products for sale containing pseudoephedrine or ephedrine shall require identification of the person purchasing the products. Identification must contain a photo such as a driver’s license. The retailer must maintain a record including the purchaser’s name and date of birth. On August 1, 2006, and no later than the fifth day of every month thereafter, the retailer shall send such records to the office of the attorney general in Pierre, South Dakota. A designated form is available from the Board of Pharmacy office to record the information.

No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base or pseudoephedrine base in any product, mixture, or preparation within any 30-day period. Any violation of the above legislation is a Class 1 misdemeanor. The entire state law is printed in the April 2006 issue of the South Dakota State Board of Pharmacy Newsletter.