|
In January 2006, Governor Mike Rounds urged the state legislature to tighten
regulations on the sale of products containing pseudoephedrine – a main
ingredient in making Meth. On February 28, 2006, the governor signed
Senate Bill 207 in to law.
The new regulations include:
For customers:
1 - No one may buy more than two packages at a time of
over-the-counter medications containing pseudoephedrine or ephedrine as an
active ingredient, unless it is by prescription. [Previous law allowed
greater purchases if pseudoephedrine or ephedrine were not the main
ingredient.]
2 – No one may acquire, by any means, more than nine grams of
ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any
product, mixture, or preparation within any thirty-day period unless by a
legitimate prescription. Possessing a greater amount of these products
will be presumed as intent to use the product as a precursor to make Meth
or another controlled substance. Those who are exempt from this provision
include retail and wholesale distributors or manufacturers of the
products, licensed pharmacists and licensed health care professionals
possessing the products in order to carry out their work.
For retailers:
1- All products containing pseudoephedrine or ephedrine as an
active ingredient must be kept in an area inaccessible to customers or in
a locked case. Or, they may be displayed and accessible to customers if
the retailer uses an anti-theft device system, including an electronic
anti-theft device system that utilizes a product tag and detection alarm
to prevent theft.
2 - Retailers must post the following notice where these products
are for sale:
South Dakota law prohibits the sale or purchase of more than two packages
containing pseudoephedrine or ephedrine as an active ingredient unless
sold or purchased with a valid prescription drug order prescribed by a
practitioner as defined in § 36-11-2 with appropriate authority.
Download copies of notification here.
Large
Small
Download a PDF copy
of the
Dispensing Record
for Ephedrine/Pseudoephedrine Products as
provided by the South Dakota Retailers Association.
3 - Retailers will be required to ask for and make a record of the
customer’s identification (Any document issued by a governmental agency
which contains a description of the person or a photograph of the person,
or both, and gives the person's date of birth, such as a driver's license,
passport, or military identification card) including the customer’s name
and birth date. Retailers must keep these logs and send them to the
Office of the Attorney General by the fifth of the month, every month,
beginning August 1, 2006.
**Addressing customer’s privacy concerns: No retailer may use or
maintain these purchasing records for any other purpose, or disclose the
records to any one except as authorized by law to law enforcement agencies
when requested for a legitimate law enforcement purpose. Retailers who
release this information to law enforcement agencies in good faith are
immune from civil liability unless the release constitutes gross
negligence or intentional, wanton, or willful misconduct. |
2008 State Bills
Meth Treatment Act
Federal Remediation
2007 State Bills
2007 Federal Bill
HB 1258
HB 1180
SB 207
Patriot Act Provision
Pseudoephedrine Sales
Real Estate Disclosure |
