§ 126.23A — Pseudoephedrine retail restrictions

Iowa § 126.23A

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 126: DRUGS, DEVICES, AND COSMETICS

Text

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 from 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
17 DRUGS, DEVICES, AND COSMETICS, §126.23B
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.