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218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -Penalties.
(1)
(2)
(3)
A person is guilty of trafficking in or transferring a dietary supplement when he
or she traffics in or transfers any dietary supplement product containing
ephedrine group alkaloids, except as provided in this section.
The prohibition in subsection (1) of this section shall not apply to:
(a) A practitioner or pharmacist licensed in this Commonwealth who is
practicing within his or her scope of practice and who prescribes or
dispenses, or both, dietary supplement products containing ephedrine
alkaloids in the course of the treatment of a patient under the direct care
of the prescribing practitioner, except that a licensed practitioner or
registered pharmacist shall not prescribe or dispense dietary supplement
products containing ephedrine group alkaloids for purposes of weight
loss, body building, or athletic performance enhancement;
(b) Dietary supplement products containing ephedrine group alkaloids that
are sold or distributed directly to a licensed practitioner or registered
pharmacist, when the dietary supplement products containing ephedrine
group alkaloids are used solely for the purpose of the treatment of
patients under the direct care of the practitioner;
(c) Dietary supplement products containing ephedrine group alkaloids that
are sold or distributed directly to a licensed practitioner or registered
pharmacist for resale to a patient for whom the products have been
prescribed under paragraph (a) of this subsection; or
(d) Dietary supplement products containing ephedrine group alkaloids that
are not for resale in this Commonwealth and that are sold or distributed
directly to businesses not located in this Commonwealth.
Trafficking in or transferring a dietary supplement is:
(a) For the first offense, a Class A misdemeanor; and
(b) For a second or subsequent offense, a Class D felony.
Effective:June 20, 2005
History: Created 2005 Ky. Acts ch. 150, sec. 1, effective June 20, 2005.
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