2006 Nebraska Revised Statutes - § 28-454 — Ephedrine; manufacturer or wholesale distributor; duties; fee; enforcement; Ephedra Registration Fund; created; use; investment.

Section 28-454
Ephedrine; manufacturer or wholesale distributor; duties; fee; enforcement; Ephedra Registration Fund; created; use; investment.

(1) Any manufacturer or wholesale distributor, as indicated on the product label in conformance with the Federal Food, Drug, and Cosmetic Act, as the act existed on September 1, 2001, who sells food products or dietary supplements containing ephedrine as described in subdivision (g)(3) of Schedule IV of section 28-405 for resale in this state shall register with the department for each product line containing ephedrine sold for resale in this state. The department shall register the manufacturer or wholesale distributor upon application and payment of a one-thousand-dollar application fee. The registration shall expire twelve months after issuance and shall be renewed for a twelve-month period upon payment of a one-thousand-dollar renewal fee. The registration shall be subject to revocation for violations of the Uniform Controlled Substances Act. The requirements to register and to pay a fee shall terminate upon the federal Food and Drug Administration's publication in the Federal Register of a final rule establishing good manufacturing practices for dietary supplements or five years after September 1, 2001, whichever date occurs first.

(2) Any manufacturer or wholesale distributor, as indicated on the product label in conformance with the Federal Food, Drug, and Cosmetic Act, as the act existed on September 1, 2001, who sells food products or dietary supplements described in subsection (1) of this section for resale in this state without being registered shall be subject to a civil penalty of five thousand dollars and any such food products and dietary supplements shall be seized and destroyed upon the finding of a violation of this section. The department, in conjunction with the Attorney General, the Nebraska State Patrol, and local law enforcement agencies, shall have authority to make inspections and investigations to enforce the registration requirements of this section. In addition, the department may seek injunctive relief for suspected violations of this section.

(3) The department shall remit fees collected under this section to the State Treasurer for credit to the Ephedra Registration Fund. The fund is created. The department shall use the fund to administer the provisions of this section. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.

Source:

Laws 2001, LB 113, § 7

Cross References:

Nebraska Capital Expansion Act,see section 72-1269.

Nebraska State Funds Investment Act,see section 72-1260.

~Revised Statutes Cumulative Supplement, 2006