69.43.130 - Exemptions--Pediatric products--Products exempted by the state board of pharmacy.

Exemptions — Pediatric products — Products exempted by the state board of pharmacy.

RCW 69.43.110 and 69.43.120 do not apply to:

     (1) Pediatric products primarily intended for administration to children under twelve years of age, according to label instructions, either: (a) In solid dosage form whose individual dosage units do not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine; or (b) in liquid form whose recommended dosage, according to label instructions, does not exceed fifteen milligrams of ephedrine, pseudoephedrine, or phenylpropanolamine per five milliliters of liquid product;

     (2) Pediatric liquid products primarily intended for administration to children under two years of age for which the recommended dosage does not exceed two milliliters and the total package content does not exceed one fluid ounce;

     (3) Products that the state board of pharmacy, upon application of a manufacturer, exempts by rule from RCW 69.43.110 and 69.43.120 because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors; or

     (4) Products, as packaged, that the board of pharmacy, upon application of a manufacturer, exempts from RCW *69.43.110(1)(b) and 69.43.120 because:

     (a) The product meets the federal definition of an ordinary over-the-counter pseudoephedrine product as defined in 21 U.S.C. 802;

     (b) The product is a salt, isomer, or salts of isomers of pseudoephedrine and, as packaged, has a total weight of more than three grams but the net weight of the pseudoephedrine base is equal to or less than three grams; and

     (c) The board of pharmacy determines that the value to the people of the state of having the product, as packaged, available for sale to consumers outweighs the danger, and the product, as packaged, has not been used in the illegal manufacture of methamphetamine.

[2004 c 52 § 7; 2001 c 96 § 11.]

Notes: *Reviser's note: RCW 69.43.110 was amended by 2010 c 182 § 2, changing subsection (1)(b) to subsection (1).

Finding -- Severability -- Effective date -- 2004 c 52: See notes following RCW 18.64.044.

Intent--Severability -- 2001 c 96: See notes following RCW 69.43.010.