CHAPTER 5-13: REGULATION OF THE SALE OF PRODUCTS CONTAINING PSEUDOEPHEDRINE

SECTIONS:

5-13-1:    DEFINITIONS:

5-13-2:    DUTIES OF RETAIL ESTABLISHMENTS:

5-13-3:    PENALTY:

5-13-1 DEFINITIONS:

In this Chapter, unless the context otherwise requires:

A. "Pseudoephedrine product" means any product containing ephedrine or pseudoephedrine and includes any compound, mixture or preparation that contains any detectable quantity of ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine or their salts, optical isomers or salts of optical isomers. product packaging that lists ephedrine, pseudoephedrine, norpseudoephedrine, or phenylpropanolamine as an active ingredient shall constitute prima facie evidence that the product is a pseudoephedrine product.

B. "Retail establishment" means any place of business that offers any pseudoephedrine product for sale at retail

5-13-2 DUTIES OF RETAIL ESTABLISHMENTS:

A. The operator of a retail establishment shall keep all products containing pseudoephedrine behind a store counter or otherwise in a manner that is inaccessible to customers without the assistance of the operator or an employee of the establishment.

B. A person making a retail sale of a product containing pseudoephedrine shall require a government-issued, photo identification from the purchaser and shall record the purchaser’s name, date of birth, quantity of pseudoephedrine product purchased, transaction date and the initials of the seller.

C. The information required to be obtained by subsection B of this section will be retained by the retail establishment for a period of ninety (90) days, and will be considered a confidential document that will only be available to the operator of the retail establishment, to the City of Prescott Police Department officers, Arizona Department of Public Safety officers, Yavapai County Sheriff’s Department officers, and other law enforcement officers.

5-13-3 PENALTY:

Any person who violates any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1 of the Prescott City Code."

(Ord. 4518, 01-19-2006)