126.23A - PSEUDOEPHEDRINE RETAIL RESTRICTIONS.
126.23A PSEUDOEPHEDRINE RETAIL RESTRICTIONS.
1. a. A retailer or an employee of a retailer shall not do
any of the following:
(1) Sell more than seven thousand five hundred milligrams of
pseudoephedrine to the same person within a thirty-day period.
(2) Knowingly sell more than one package of a product containing
pseudoephedrine to a person in a twenty-four-hour period.
(3) Sell a package of a pseudoephedrine product that can be
further broken down or subdivided into two or more separate and
distinct packages or offer promotions where a pseudoephedrine product
is given away for free as part of any purchase transaction.
b. A retailer or an employee of a retailer shall do the
following:
(1) Provide for the sale of a pseudoephedrine product in a locked
cabinet or behind a sales counter where the public is unable to reach
the product and where the public is not permitted.
(2) Require a purchaser to present a government-issued photo
identification card identifying the purchaser prior to purchasing a
pseudoephedrine product.
(3) Require the purchaser to sign a logbook and to also require
the purchaser to legibly print the purchaser's name and address in
the logbook.
(4) Print the name of the pseudoephedrine product purchased and
quantity sold next to the name of each purchaser in the logbook.
(5) Determine the signature in the logbook corresponds with the
name on the government-issued photo identification card.
(6) Keep the logbook twenty-four months from the date of the last
entry.
(7) Provide notification in a clear and conspicuous manner in a
location where a pseudoephedrine product is offered for sale stating
the following:
Iowa law prohibits the over-the-counter purchase of more than one
package of a product containing pseudoephedrine in a twenty-four-hour
period or of more than seven thousand five hundred milligrams of
pseudoephedrine within a thirty-day period. If you purchase a
product containing pseudoephedrine, you are required to sign a
logbook which may be accessible to law enforcement officers.
(8) Provide notification affixed to the logbook stating that a
purchaser entering a false statement or misrepresentation in the
logbook may subject the purchaser to criminal penalties under 18
U.S.C. § 1001.
(9) Disclose logbook information as provided by state and federal
law.
(10) Comply with training requirements pursuant to federal law.
2. A purchaser shall not do any of the following:
a. Purchase more than one package of a pseudoephedrine
product within a twenty-four-hour period from a retailer.
b. Purchase more than seven thousand five hundred milligrams
of pseudoephedrine from a retailer, either separately or
collectively, within a thirty-day period.
3. A purchaser shall sign the logbook and also legibly print the
purchaser's name and address in the logbook.
4. Enforcement of this section shall be implemented uniformly
throughout the state. A political subdivision of the state shall not
adopt an ordinance regulating the display or sale of products
containing pseudoephedrine. An ordinance adopted in violation of
this section is void and unenforceable and any enforcement activity
of an ordinance in violation of this section is void.
5. The logbook may be kept in an electronic format upon approval
by the department of public safety.
6. A pharmacy that sells a product that contains three hundred
sixty milligrams or less of pseudoephedrine on a retail basis shall
comply with the provisions of this section with respect to the sale
of such product. However, a pharmacy is exempted from the provisions
of this section when selling a pseudoephedrine product pursuant to
section 124.212.
7. A retailer or an employee of a retailer that reports to any
law enforcement agency any alleged criminal activity related to the
purchase or sale of pseudoephedrine or who refuses to sell a
pseudoephedrine product to a person is immune from civil liability
for that conduct, except in cases of willful misconduct.
8. If a retailer or an employee of a retailer violates any
provision of this section, a city or county may assess a civil
penalty against the retailer upon hearing and notice as provided in
section 126.23B.
9. An employee of a retailer who commits a violation of
subsection 1 or a purchaser who commits a violation of subsection 2
commits a simple misdemeanor punishable by a scheduled fine under
section 805.8C, subsection 6.
10. As used in this section, "retailer" means a person or
business entity engaged in this state in the business of selling
products on a retail basis. An "employee of a retailer" means
any employee, contract employee, or agent of the retailer. Section History: Recent Form
2004 Acts, ch 1127, §1; 2005 Acts, ch 15, §3, 14; 2005 Acts, ch
179, §115--117; 2009 Acts, ch 25, §7, 8
Referred to in § 124.212, 124.213, 126.23B, 602.8105, 714.7C,
805.8C(6)
Theft of pseudoephedrine, see §714.7C