You Must Prepare for new Federal Law on OTC Drug Sales Restrictions

President Bush signed the USA Patriot Act into law on March 9, 2006 and this law includes the Title VII Combat Methamphetamine Epidemic Act

This new law (a two step implementation process) establishes federal requirements governing retail sales of over the counter cough and cold products that contain the Meth precursor chemical pseudoephedrine. These products include liquids and liquid-filled gel capsules. (See attached list).

On April 7, 2006 all retailers in all states are required to establish a 3.6-gram limit per day for individuals purchasing medications containing PSE, as well as a nine-gram limit within a 30-day period.

On September 30, 2006 you must:

• Move PSE products behind the counter not accessible to consumers or in a locked cabinet.
• Ask purchases for a photo ID and have them sign a logbook, which may be kept in written or electronic form. The logbook must include the purchaser’s name and address, the name of the product purchased and quantity, and the date and time of the sales.
• Maintain the logbook for two years.
• Certify with Drug Enforcement Agency that clerks selling the products understand the requirements of the law and have been trained in handling the sale of PSE products. (More on the Certification will be coming)
• A limit of 9 grams of PSE per customer per 30-day period also goes into effect.
• Certifications will be required for each individual retail location selling PSE.
  

IMPORTANT

THE US. Department of Justic, Drug Enforcement Administration, Office of Diversion Control has a new web site http://www.deadiversion.usdoj.gov/meth/trg_retail_081106.pdf

where you can go to get the Training Requirements to sell Durg Products Contating Ephedrine, Pseudoephedrine, and Phenylpropanolamine. (They have said that they will be updating and have a site that you can register that you have completed the training, this site is not up and running as of today, 9-7-06)

The Law states under the heading:  Self-Certification and Training

m. Self-certification and training.

(1) Seller must self-certify to the Attorney General that each individual who is responsible for delivering such products into the custody of purchasers, or who deals directly with purchasers by obtaining payment for the products, has undergone training provided by the seller to ensure that the individual understands the requirements that apply to the sale of these products.

(2) Regulated seller may not sell any scheduled listed chemical product at retail unless the self-certification has been submitted to the Attorney General.

(3) Seller must maintain a copy of such self-certification and records demonstrating that individuals have undergone such training.

(4) The certification is not effective unless, in addition to provisions regarding the training of individuals, the certification includes a statement that the seller understands each of the requirements regarding transactional limits, blister-packs, "behind the counter" placement, photo identification, and logbook also apply and agrees to comply with the requirements.

(5) The Attorney General will issue regulations to establish the criteria for self-certifications and employee training. Separate certification is required for each place of business at which a regulated seller sells such products at retail.

(6) The Attorney General will establish a program that will:

(a) be carried out through an Internet site of the Department of Justice;

(b) inform regulated sellers that 18 U.S.C. § 1001 applies to such certifications;

(c) make available to sellers the criteria for certification and training;

(d) be designed to permit submission of certifications through the Internet site; and

(e) be designed to automatically provide the explanation of the criteria for certification and training and an acknowledgment that the Department of Justice has received a certification, without requiring direct interaction of regulated sellers with staff of the Department of Justice.

(7) Copies of certifications shall be made available to appropriate State and local officials.

For a summary of the law you can go to:  http://www.deadiversion.usdoj.gov/meth/cma2005.htm

This list is NOT comprehensive.

This list was compiled as an aid in the identification of similar products in your store that contain Ephedrine or Pseudoephedrine.

The key in the determination should be the ingredients (Ephedrine or Pseudoephedrine), not the name. Please also be aware that products continue to reformulated and renamed. We encourage all retailers to conduct a comprehensive search of their products and contact their wholesalers in order to identify products at your store that contain Ephedrine or Pseudoephedrine.