2016 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 64 - Controlled Substances
Subchapter 11 - -- Ephedrine and Other Nonprescription Drugs
§ 5-64-1105. Definitions
As used in this subchapter:
(1) "Ephedrine", "pseudoephedrine", and "phenylpropanolamine" means any product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, isomers, or salts of isomers, alone or in a mixture;
(2) "Proof of age" and "proof of identity" mean:
(A) A driver's license or identification card issued by the Department of Finance and Administration that contains a photograph of the person, the person's date of birth, and a functioning magnetic stripe or bar code; or
(B) An identification card issued by the United States Department of Defense to active duty military personnel that contains a photograph of the person and the person's date of birth;
(3) (A) "Retail distributor" means a grocery store, general merchandise store, drugstore, convenience store, or other related entity, the activities of which, as a distributor of ephedrine, pseudoephedrine, or phenylpropanolamine products, are limited exclusively to the sale for personal use of ephedrine, pseudoephedrine, or phenylpropanolamine products, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.
(B) "Retail distributor" includes any person or entity that makes a direct sale or has knowledge of the direct sale.
(C) "Retail distributor" does not include:
(i) Any manager, supervisor, or owner not present and not otherwise aware of the direct sale; or
(ii) The parent company of a grocery store, general merchandise store, drugstore, convenience store, or other related entity if the parent company is not involved in direct sales regulated by this subchapter; and
(4) "Sale for personal use" means the sale in a single transaction to an individual customer for a legitimate medical use of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine in a quantity at or below that specified in § 5-64-1103, and includes the sale of those products to an employer to be dispensed to employees from a first-aid kit or medicine chest.
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