2006 Ohio Revised Code - 2925.55. Definitions; prohibitions concerning purchasing pseudoephedrine products.

§ 2925.55. Definitions; prohibitions concerning purchasing pseudoephedrine products.
 

(A)  As used in sections 2925.55 to 2925.58 of the Revised Code: 

(1) "Consumer product" means any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans. 

(2) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code. 

(3) "Pseudoephedrine" means any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers. 

(4) "Pseudoephedrine product" means a consumer product consisting of a single-ingredient preparation of pseudoephedrine in which pseudoephedrine is the active ingredient. "Pseudoephedrine product" does not include either of the following: 

(a) A consumer product containing pseudoephedrine that is in a liquid, liquid capsule, or gel capsule form; 

(b) A consumer product primarily intended for administration to children under twelve years of age, according to the label instructions, in solid dosage form, including chewable tablets, when individual dosage units do not exceed fifteen milligrams of pseudoephedrine. 

(5) "Retailer" means a place of business that offers consumer products for sale to the general public. 

(6) "Single-ingredient preparation" means a compound, mixture, preparation, or substance that contains a single active ingredient. 

(B) (1)  No individual shall knowingly purchase, receive, or otherwise acquire more than nine grams of any pseudoephedrine product within a period of thirty consecutive days, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code. 

(2) It is not a violation of division (B)(1) of this section for an individual to receive or accept more than nine grams of any pseudoephedrine product within a period of thirty consecutive days if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. 

(C) (1)  No individual under eighteen years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, unless the pseudoephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code. 

(2) Division (C)(1) of this section does not apply to an individual under eighteen years of age who purchases, receives, or otherwise acquires a pseudoephedrine product from any of the following: 

(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product to that individual and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4731., or 4741. of the Revised Code; 

(b) A parent or guardian of that individual who provides the pseudoephedrine product to the individual; 

(c) A person, as authorized by that individual's parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product to the individual; 

(d) A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product. 

(D)  No individual under eighteen years of age shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product. 

(E)  No individual shall knowingly fail to comply with the requirements of division (C)(3) of section 3715.05 of the Revised Code. 

(F)  Whoever violates division (B)(1) of this section is guilty of unlawful purchase of a pseudoephedrine product, a misdemeanor of the first degree. 

(G)  Whoever violates division (C)(1) of this section is guilty of underage purchase of a pseudoephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult. 

(H)  Whoever violates division (D) of this section is guilty of using false information to purchase a pseudoephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult. 

(I)  Whoever violates division (E) of this section is guilty of improper purchase of a pseudoephedrine product, a misdemeanor of the fourth degree. 
 

HISTORY: 151 v S 53, § 1, eff. 5-17-06.