North Carolina § 90-113 - 52. Pseudoephedrine: restrictions on sales.

§ 90-113. 52. Pseudoephedrine: restrictions on sales.

A pseudoephedrine product in the form of a tablet, caplet, or gel cap shall not be offered for retail sale loose in bottles but shall be sold only in blister packages. Pseudoephedrine products shall not be offered for retail sale by self-service, but shall be stored and sold in the following manner: Any pseudoephedrine product in the form of a tablet or caplet containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients shall be stored and sold behind a pharmacy counter. 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 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. A retailer shall maintain a record of disposition of pseudoephedrine products to the consumer for a period of two years from the date of each transaction. A record shall be readily available within 48 hours of the time of the transaction for inspection by an authorized official of a federal, State, or local law enforcement agency. The records maintained by a retailer are privileged information and are not public records but are for the exclusive use of the retailer and law enforcement. The retailer may destroy the information after two years from the date of the transactions. This section does not apply to any pseudoephedrine product that is in the form of a liquid, liquid capsule, gel capsule, or pediatric product 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. History (2005-434, s. 1; 2006-186, s. 1; 2012-35, s. 2.) Editor's Note. - Session Laws 2021-3, s. 2.18(a), (b), provides: "(a) Notwithstanding the provisions of subsection (h) of G.S. 90-91 , subsection (d) of G.S. 90-93 , subsection (a) of G.S. 90-106.1 , G.S. 90-113.52 , or any other provision of law to the contrary, a pharmacist may dispense the following controlled substances to individuals who present (i) a valid prescription for the controlled substance, if one is required under current law, and (ii) a North Carolina drivers license or identification card that expired while Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, remains in effect: "(1) Paregoric, U.S.P. "(2) Any Schedule II controlled substances. "(3) Any of the Schedule III controlled substances listed in subdivisions (1) through (8) of subsection (d) of G.S. 90-91 . "(4) Any Schedule V controlled substances. "(5) Pseudoephedrine products. "(b) This section is effective when it becomes law and expires six months after the date the Governor signs an executive order rescinding said Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19, or December 31, 2021, whichever is earlier." Effect of Amendments. - Session Laws 2006-186, s. 1, effective August 3, 2006, in subsection (a), inserted "pseudoephedrine" at the beginning, and substituted "in the form of a tablet, caplet, or gel cap" for "whose sole active ingredient is pseudoephedrine in strength of 30 milligrams or more per tablet or caplet"; and in subsection (c), substituted "THE" for "A SINGLE TRANSACTION", substituted "(3.6 GRAMS TOTAL) PER DAY" for "(SIX GRAMS TOTAL),", deleted "NO" preceding "MORE THAN THREE PACKAGES" near the middle, substituted "(9 GRAMS TOTAL" for "(NINE GRAMS TOTAL", and added language "If the form attesting to the validity...the signage requirements of G.S. 90-113.54 " to the end. Session Laws 2012-35, s. 2, effective June 20, 2012, substituted "a valid, unexpired, government-issued photo identification and to provide, in print or orally, a current valid personal residential address" for "photo identification" in the second sentence of subsection (c), and deleted text from the end of subsection (c), which gave more specific language of the form approved by the Commission and the guidelines regarding the display of that form by pharmacies.