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218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties.

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Page 1 of 1 218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -- Penalties. (1) A person is guilty of trafficking in or transferring a dietary supplement when he or she traffics in or transfers any dietary supplement product containing ephedrine <br>group alkaloids, except as provided in this section. (2) The prohibition in subsection (1) of this section shall not apply to: (a) A practitioner or pharmacist licensed in this Commonwealth who is practicing within his or her scope of practice and who prescribes or dispenses, or both, <br>dietary supplement products containing ephedrine alkaloids in the course of <br>the treatment of a patient under the direct care of the prescribing practitioner, <br>except that a licensed practitioner or registered pharmacist shall not prescribe <br>or dispense dietary supplement products containing ephedrine group alkaloids <br>for purposes of weight loss, body building, or athletic performance <br>enhancement; (b) Dietary supplement products containing ephedrine group alkaloids that are sold or distributed directly to a licensed practitioner or registered pharmacist, <br>when the dietary supplement products containing ephedrine group alkaloids <br>are used solely for the purpose of the treatment of patients under the direct <br>care of the practitioner; (c) Dietary supplement products containing ephedrine group alkaloids that are sold or distributed directly to a licensed practitioner or registered pharmacist <br>for resale to a patient for whom the products have been prescribed under <br>paragraph (a) of this subsection; or (d) Dietary supplement products containing ephedrine group alkaloids that are not for resale in this Commonwealth and that are sold or distributed directly to <br>businesses not located in this Commonwealth. (3) Trafficking in or transferring a dietary supplement is: (a) For the first offense, a Class A misdemeanor; and <br>(b) For a second or subsequent offense, a Class D felony. Effective: June 20, 2005 <br>History: Created 2005 Ky. Acts ch. 150, sec. 1, effective June 20, 2005.