2925.57 Illegal pseudoephedrine product transaction scan.
2925.57 Illegal pseudoephedrine product transaction scan.
(A) As used in this section and section 2925.58 of the Revised Code:
(1) “Card holder” means any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or employee of a seller, to purchase or receive any pseudoephedrine product from the seller, agent, or employee.
(2) “Identification card” and “transaction scan device” have the same meanings as in section 2927.021 of the Revised Code.
(3) “Seller” means a retailer or terminal distributor of dangerous drugs.
(4) “Transaction scan” means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product.
(B)(1) A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product.
(2) If the information deciphered by the transaction scan performed under division (B)(1) of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product to the card holder.
(3) Division (B)(1) of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
(C) Rules adopted by the registrar of motor vehicles under division (C) of section 4301.61 of the Revised Code apply to the use of transaction scan devices for purposes of this section and section 2925.58 of the Revised Code.
(D)(1) No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
(a) The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by a card holder;
(b) The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by a card holder.
(2) No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (D)(1) of this section except for purposes of section 2925.58 of the Revised Code.
(3) No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (B)(1) of this section.
(4) No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by section 2925.58 or another section of the Revised Code.
(E) Nothing in this section or section 2925.58 of the Revised Code relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products.
(F) Whoever violates division (B)(2) or (D) of this section is guilty of engaging in an illegal pseudoephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars for each violation. The clerk of the court shall pay each collected civil penalty to the county treasurer for deposit into the county treasury.
Effective Date: 05-17-2006