Bill Text: NC H941 | 2011-2012 | Regular Session | Chaptered
Bill Title: Pseudoephedrine Amount Clarifications
Spectrum: Bipartisan Bill
Status: (Passed) 2012-06-20 - Ch. SL 2012-35 [H941 Detail]
Download: North_Carolina-2011-H941-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2012-35
HOUSE BILL 941
AN ACT to clarify the appropriate measurement of pseudoephedrine products for purposes of the pseudoephedrine transaction limits, and to clarify the identification and electronic record-keeping requirements for pseudoephedrine products, as recommended by the house select committee on methamphetamine abuse.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑113.53 reads as rewritten:
"§ 90‑113.53. Pseudoephedrine transaction limits.
(a) No person shall deliver
to any one person, attempt to deliver to any one person, purchase, or attempt
to purchase at retail more than two packages containing a combined total of more
than 3.6 grams of any pseudoephedrine products per calendar day. This limit
does not apply if the product is dispensed under a valid prescription.
(b) No person shall
purchase at retail more than three packages containing a combined total of more
than 9 grams of pseudoephedrine products within any 30‑day period. This
limit does not apply if the product is dispensed under a valid prescription.
(c) This section does not apply to any pseudoephedrine products that are in the form of liquids, liquid capsules, gel capsules, or pediatric products labeled pursuant to federal regulation primarily intended for administration to children under 12 years of age according to label instruction, except as to those specific products for which the Commission issues an order pursuant to G.S. 90‑113.58 subjecting the product to requirements under this Article."
SECTION 2. G.S. 90‑113.52(c) reads as rewritten:
"(c) A pseudoephedrine
product may be sold at retail without a prescription only to a person at least
18 years of age. The retailer shall require every retail purchaser of a
pseudoephedrine product to furnish photo identification.a valid,
unexpired, government-issued photo identification and to provide, in print or
orally, a current valid personal residential address. If the retailer has
reasonable grounds to believe that the prospective purchaser is under 18 years
of age, the retailer shall require the prospective purchaser to furnish photo
identification showing the date of birth of the person. The name and address of
every purchaser shall be entered in a record of disposition of pseudoephedrine
products to the consumer on a form approved by the Commission. The record of
disposition shall also identify each pseudoephedrine product purchased,
including the number of grams the product contains and the purchase date of the
transaction. The retailer shall require that every purchaser sign the form attesting
to the validity of the information. The form approved by the Commission shall
be constructed so that it allows for entry of information in electronic format,
including electronic signature. The form shall also be constructed and
maintained so as to minimize disclosure of personal information to unauthorized
persons and shall contain a statement in at least 10‑point boldface
type at the top of every page substantially similar to the following: "NORTH
CAROLINA LAW STRICTLY PROHIBITS THE PURCHASE OF MORE THAN TWO PACKAGES OF
CERTAIN PRODUCTS CONTAINING PSEUDOEPHEDRINE (3.6 GRAMS TOTAL) PER DAY, AND MORE
THAN THREE PACKAGES (9 GRAMS TOTAL) OF CERTAIN PRODUCTS CONTAINING
PSEUDOEPHEDRINE WITHIN A 30‑DAY PERIOD. BY MY SIGNATURE, I ATTEST THAT
THE INFORMATION I HAVE PROVIDED IN CONNECTION WITH THIS TRANSACTION IS TRUE AND
CORRECT AND THAT THIS TRANSACTION DOES NOT EXCEED THE PURCHASE RESTRICTIONS. I
ACKNOWLEDGE THAT KNOWING AND WILLFUL VIOLATION OF THE PURCHASE RESTRICTIONS OR
THE FURNISHING OF FALSE INFORMATION IN CONNECTION THEREWITH MAY SUBJECT ME TO
CRIMINAL PENALTIES." If the form attesting to the validity of this
information is to be signed by the purchaser in electronic format, the retailer
may choose to display in a clear and conspicuous manner the statement on a sign
to be placed immediately adjacent to the device on which the electronic
signature will be obtained, in lieu of including the full statement in
electronic format. If the retailer chooses to display the statement on a sign
rather than in electronic format, the retailer shall: (i) instruct the
purchaser prior to signing to read the statement; and (ii) include on the form
for signature contained in the electronic device a statement substantially
similar to the following: "I have read, understand, and agree with the
statement just shown to me concerning the requirements under State law
pertaining to pseudoephedrine purchases." Display of the sign in this
manner shall satisfy the signage requirements of G.S. 90‑113.54.persons."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of June, 2012.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 11:51 a.m. this 20th day of June, 2012