On March 9, 2006, President Bush signed into law the USA Patriot Act, Title VII of which is the Combat Methamphetamine Epidemic Act of 2005. The following is a summary of the key Title VII requirements governing the retail sale of all cough and cold products that contain the methamphetamine precursor pseudoephedrine (PSE) or PSE products, for simplicity. Ohio retailers please note - there are three dates of compliance: April 8, 2006; May 17, 2006; and September 30, 2006. OPA has compiled the following information and we have done our best to provide this information in as easy-to-follow format as possible. As changes occur we will be sure to keep you updated.
Requirements Effective April 8, 2006:
1. Daily Sales Limit on Retailers: Retail sales may not exceed 3.6 grams PSE per day per purchaser, regardless of the number of transactions. This affects single and multi-ingredient sales.
2. 30-Day Purchase Limit on Consumers: Individuals are prohibited from purchasing more than 9g PSE per 30 day period on both single and multi-ingredient products.
3. Non-Liquid Forms / Blister Packs: As of April 8, 2006, retailers may not sell non-liquid forms (including gel caps) products unless the product is packaged in blister packs. No more than 2 doses may be included in each individual blister. If there are products for which the use of blister packs is technically impossible, then the product may be packaged in unit dose packets.
4. Mail Order Limits: Mail order companies may not sell more than 7.5 grams to a customer within a 30 day period.
Provisions of the Patriot Act will supersede the less restrictive requirements of Ohio's law that goes into effect May 17, 2006. However, under the provisions of the state law (Senate Bill 53):
1. Behind-the-Counter Placement: All PSE products must be placed behind a counter (any counter) that is not accessible to purchasing consumers or in a locked display case that is located on the selling floor. Retailers must give the product directly to the purchaser.
2. Logbook: Retailers must maintain a logbook of information on transactions involving PSE products. The logbook may be maintained in either written or electronic form. (See "Logbook Requirements," below.)
3. Photo ID: In conjunction with the logbook requirement, retailers will be required to ask for photo identification, issued by either a State or the Federal Government or other appropriate identification.
4. Training & Certification: Retailers must train applicable sales personnel to ensure that they understand the requirements of PSE product sales and submit self-certifications to the Attorney General in this regard. (See "Training & Certification Requirements," below).
Products Covered: All PSE products, including liquids, gel caps and pediatrics, are subject to the provisions of the law. The Attorney General may grant an exemption for a product if the Attorney General determines that the product cannot be used in the illicit manufacture of methamphetamine.
1. Information Required: Logbooks must capture the following information for all PSE products:
a. Purchaser's signature;
b. Purchaser's name and address;
c. Date and time of sale;
d. Name of product sold; and
e. Quantity sold.
2. False Statements Notice: Retailer must provide notice to purchasers that entering false statements or misrepresentations in the logbook may subject purchasers to criminal penalties under Ohio law.
3. Purchasers' Obligations:
a. Sign the logbook and
b. Enter name, address, and date/time of sale.
4. Retailers' Obligations:
a. Check information entered by purchaser against photo ID and
b. Enter name of product sold and quantity.
5. Exemption: Logbook requirements do not apply to purchases of single sales packages that contain no more than 60 mg of pseudoephedrine.
6. Format: Written or electronic.
7. 2-Year Retention Period: Each entry must be maintained for two (2) years following the date of entry.
a. Information may be disclosed to federal, state and local law enforcement agencies for law enforcement purposes;
b. Immunity. A retailer who releases logbook information in good faith to federal, state or local law enforcement authorities is immune from civil liability.
Retailer Training and Certification:
a. Retailers must train all individuals who are involved in the sale of PSE-products to ensure that these persons understand the requirements that apply.
b. The U.S. Attorney General will issue regulations on the training criteria.
2. Training Certification:
a. Retailers must certify that all retail store employees who conduct PSE sales transactions have been trained.
b. Retailers must maintain certifications and records to confirm employee training.
c. Certifications must state that the retailer understands the legal requirements and agrees to comply with them.
d. Separate certifications are required for each place of business.
e. The U.S. Attorney General will establish certification criteria through the regulatory process, but must provide for self-certifications.
f. State and local officials will have access to certifications.
g. The effective date for training has not been determined.
3. Implementation: Retailers will be able to submit self-certifications over an internet website to be established by DEA and receive an acknowledgement of that submission
Consequences: The Attorney General may prohibit persons who sell products in violation of the sales restrictions or the logbook, training, and certification requirements from selling any scheduled listed chemical products.
Mail Order:As of April 8, 2006, mail order sales of PSE products will be limited to 7.5 grams PSE per customer during a 30-day period. Prior to shipping, the seller must verify the identity of the purchaser in accordance with regulations to be issued by the Department of Justice. Mail orders that must be reported to the Attorney General are not subject to the logbook, training or certification requirements. Retail distributors who are otherwise exempt from the current AG reporting requirement must, however, report transactions related to PSE products.
Pre-emption: Title VII¦nbsp;- The Combat Methamphetamine Epidemic Act of 2005 does not provide for federal pre-emption. Therefore, more restrictive state laws, remain in effect, as do more restrictive county and local ordinances.
PSE Logbook Language for Ohio Retailers
Include in the log book (or, in the alternative, post, in a conspicuous location) the following statement:
"Ohio law prohibits the over-the-counter purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient. If you purchase a consumer product in which pseudoephedrine is the only active ingredient, you are required to sign a log book that may be accessible to law enforcement officers and to provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient, and the purchase by any individual under eighteen years of age of any consumer product in which pseudoephedrine is the only active ingredient, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring any consumer product in which pseudoephedrine is the only active ingredient is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law."
If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.