CHAPTER 16
SALE OF CERTAIN PSEUDOEPHEDRINE PRODUCTS
SECTION:
4-16-3: Accessibility Of Pseudoephedrine Products
4-16-1 DEFINITIONS:
The following definitions shall apply in this chapter:
|
LOCALLY REGULATED PSEUDOEPHEDRINE PRODUCTS: |
A. A drug or product containing as its sole active ingredient pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers; or |
|
B. A combination drug or product containing as one of its active ingredients pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. |
|
|
|
C. This term includes only compounds, mixtures, or preparations that are in tablet form containing more than twenty milligrams (20 mg) of pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers. |
|
|
D. This term does not include any compounds, mixtures, or preparations that are in gel capsule, liquid capsule, or liquid form. |
|
OVER THE COUNTER DISTRIBUTION: |
A retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription. |
|
RETAILER: |
Any person, corporation, partnership or other business entity conducting business within the city of Garden City who sells or furnishes any over the counter drug product containing pseudoephedrine to any person who is the ultimate user or consumer of the product. (Ord. 835-05, 10-27-2005) |
4-16-2 PROHIBITED ACTS:
A. It shall be unlawful within the incorporated limits of the city for any retailer or employee thereof to knowingly sell, transfer, or to otherwise furnish in a single transaction:
1. More than three (3) packages of any locally regulated pseudoephedrine product prepared for over the counter distribution.
2. A locally regulated pseudoephedrine product prepared for over the counter distribution to a person under the age of eighteen (18) years.
B. The limits established in this section shall not apply to any quantity of pseudoephedrine product dispensed pursuant to a valid prescription. (Ord. 835-05, 10-27-2005)
4-16-3 ACCESSIBILITY OF PSEUDOEPHEDRINE PRODUCTS:
A retailer that offers for sale locally regulated pseudoephedrine products prepared for over the counter distribution shall ensure that all packages of the drugs are displayed and offered for sale only through vendor assisted sales where the customer has no access to the product except through the assistance of an employee of the retailer, as follows:
A. All locally regulated pseudoephedrine products shall be stocked in a locked display case or behind a checkout or customer service counter where the public is not permitted; and
B. All sales of locally regulated pseudoephedrine products shall be conducted through an employee of the retailer and cannot be conducted by a self-service checkout system unless the self-service checkout system contains a requirement that an employee of the retailer verify the age of the purchaser and the quantity of the purchase before the transaction can be completed. (Ord. 835-05, 10-27-2005)
4-16-4 PENALTY:
It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of this chapter. (Ord. 835-05, 10-27-2005)
4-16-5 SEVERABILITY:
If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. (Ord. 835-05, 10-27-2005)