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New Ephedrine hcl Regulations
 

Re: Summary of a new federal law that may impact your selling and record-keeping requirements for ephedrine, pseudoephedrine, and phenylpropanolamine.

Below is a summary of the recently passed new federal law that will affect Sellers of ephedrine, pseudoephedrine, and phenylpropanolamine.

 
NAME & SCOPE OF THE LAW
 
 

The name of the new federal law is the Combat Methamphetamine Epidemic Act of 2005.

You will still need to follow any state law that applies.
NEW CLASSIFICATIONS & TERMS
 
 

Products that contain ephedrine HCl are now scheduled listed chemical product.

Regulated Sellers are any retail distributors, including Pharmacies or Mobile Retail Vendors (where sales are made from a temporary stand), whose sale of the productsabove are usually for personal use. This is a different definition than the Regulated Person definition who is a person who manufactures, distributes, brokers, imports or exports a listed chemical or tableting or encapsulating machine.
Retail sale mean a sale or purchase for personal use.
 
SHORT DEADLINES
 
 

There are short deadlines for complying with the law.

Restrictions regarding product sales go into effect April 8, 2006.

Product access, logbook and training requirements take effect September 30, 2006

 
RECORDKEEPING REQUIREMENTS
 
 

Effective September 30, 2006.

Unless the Seller is already required to submit a report for mail orders as a Regulated Person under 21 United States Code 830(b)(1) they must:

Keep a record of sales for two years in a logbook with a notice for the Purchaser:

“False statements or misrepresentations may subject the purchaser to criminal penalties under section 1001 of title 18, United States Code, which may result in a fine and/or imprisonment for not more than five years.”

Keep a written or electronic list of the following (unless the sale is for less than 60 milligrams of pseudoephedrine):

Name and address of Purchaser (checked by Seller against identification)

Purchaser Signature

Date and time of Sale (checked by the Seller)

Quantity and type of Product Sold to each Purchaser (entered by Seller)

Verify that the Purchaser presented:

State, federal or other acceptable photo identification.

-There is a list of acceptable identification at 8 CFR 274a.2 (available at http://www.gpoaccess.gov/cfr/retrieve.html).

-The Attorney General will issue new procedures for purchaser dentification for Sellers who are already required to submit a report for mail orders as a Regulated Person.

Follow rules to be issued by the Attorney General governing the privacy or disclosure of the information in the logbooks.

SALES RESTRICTIONS
 
 

Effective April 9, 2006.

A total of 3.6 grams a day (6 packs Vasopro - 24 count) of ephedrine base in a scheduled listed chemical product can be sold to a purchaser.

Non-liquid product (including gel caps) must be sold in blister packs with only two dosages per unit, or if that is not feasible, then in unit dose packets or pouches -(example: Vasopro blister packs).

If the Seller is an Mail Order business, they are required to submit a report for mail orders as a Regulated Person under 21 United States Code 830(b)(1), they cannot sell more than 7.5 grams (12 packs of Vasopro – 24 count) of ephedrine base, in such products per customer during a 30-day period.

 

 

Effective September 30, 2006.

The product must be in a locked cabinet if the Seller is a mobile retail vendor or if the product is in an area the customer can access, or may be stored behind the counter where customers do not have direct access.

The product must be delivered directly from the Seller to the purchaser.

Mobile Retail Vendors can sell only 7.5 grams per customer during a 30-day period.

 

 
POSSIBLE EXEMPTION
 
 

A manufacturer can apply for an exemption if it can be shown that the product cannot be used to make methamphetamine illegally.

 
PENALTIES
 
 

Effective April 8, 2006.

Penalties can include a fine or imprisonment.

If the Seller knowingly and recklessly sells product in violation of the law, or

If the Purchaser knowingly or intentionally purchases at retail more than 9 grams (including more than 7.5 grams through a private or commercial carrier or the post office) during a 30 day period.

This new law is very complex, and although we have done our best to explain it clearly, we cannot guarantee our explanation or that the law will not change again or that we have presented everything you need to know for your
particular situation. If you would like to read the law in full, you can do so by going to http://thomas.loc.gov, searching for bill number HR 3199, and
locating Title VII of the enrolled bill.

 
TRAINING & EMPLOYMENT REQUIREMENTS
 
 

Effective September 30, 2006.

Sellers and employees will need to be trained about the new selling and Record keeping requirements.

The Seller will need to self-certify to the Attorney General the following:

that at each place of business, the required persons have been trained,

they agree to comply with those requirements,

include a statement that the Seller understands each of the selling, training and recordkeeping requirements, and

keep copies of training and self-certification records.

The Attorney General will issue rules about training and self-certification.

Sellers may guard against hiring employees who may steal or divert product by asking them if they “have been convicted of any crime involving or relating to such products or controlled substances.”

 


Mega Pro’s
Vasopro
Ephedrine HCL


Mega Pro’s
Vasopro Soft
Gels 24 count


Ephedrine Plus
24 count 12.5mg
of ephedrine hcl
 
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