A BILL TO BE ENTITLED
AN ACT to require the commission for mental health, developmental disabilities, and substance abuse services to establish and maintain an electronic purchase log of PSEUDOEPHEDRINE sales and to require retailers of pseudoephedrine products to report consumer sales of those products to the commission.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑113.52 reads as rewritten:
"§ 90‑113.52.  Pseudoephedrine: restrictions on sales.
(a)	A pseudoephedrine product in the form of a tablet, caplet, or gel cap shall not be offered for retail sale loose in bottles but shall be sold only in blister packages.
(b)	Pseudoephedrine products shall not be offered for retail sale by self‑service, but shall be stored and sold in the following manner: Any pseudoephedrine product in the form of a tablet or caplet containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients shall be stored and sold behind a pharmacy counter.
(c)	A pseudoephedrine product may be sold at retail without a prescription only to a person at least 18 years of age. The retailer shall require every retail purchaser of a pseudoephedrine product to furnish photo identification. If the retailer has reasonable grounds to believe that the prospective purchaser is under 18 years of age, the retailer shall require the prospective purchaser to furnish photo identification showing the date of birth of the person. The retailer shall require that every purchaser provide the information set out in subsection (d) of this section and sign a form approved by the Commission attesting to the validity of the information. The form approved by the Commission shall be constructed so that it allows for entry of information in electronic format, including electronic signature. The form shall also be constructed and maintained so as to minimize disclosure of personal information to unauthorized persons and shall contain a statement in at least 10‑point boldface type at the top of every page substantially similar to the following: "NORTH CAROLINA LAW STRICTLY PROHIBITS THE PURCHASE OF MORE THAN TWO PACKAGES OF CERTAIN PRODUCTS CONTAINING PSEUDOEPHEDRINE (3.6 GRAMS TOTAL) PER DAY, AND MORE THAN THREE PACKAGES (9 GRAMS TOTAL) OF CERTAIN PRODUCTS CONTAINING PSEUDOEPHEDRINE WITHIN A 30‑DAY PERIOD. BY MY SIGNATURE, I ATTEST THAT THE INFORMATION I HAVE PROVIDED IN CONNECTION WITH THIS TRANSACTION IS TRUE AND CORRECT AND THAT THIS TRANSACTION DOES NOT EXCEED THE PURCHASE RESTRICTIONS. I ACKNOWLEDGE THAT KNOWING AND WILLFUL VIOLATION OF THE PURCHASE RESTRICTIONS OR THE FURNISHING OF FALSE INFORMATION IN CONNECTION THEREWITH MAY SUBJECT ME TO CRIMINAL PENALTIES." If the form attesting to the validity of this information is to be signed by the purchaser in electronic format, the retailer may choose to display in a clear and conspicuous manner the statement on a sign to be placed immediately adjacent to the device on which the electronic signature will be obtained, in lieu of including the full statement in electronic format. If the retailer chooses to display the statement on a sign rather than in electronic format, the retailer shall: (i) instruct the purchaser prior to signing to read the statement; and (ii) include on the form for signature contained in the electronic device a statement substantially similar to the following: "I have read, understand, and agree with the statement just shown to me concerning the requirements under State law pertaining to pseudoephedrine purchases." Display of the sign in this manner shall satisfy the signage requirements of G.S. 90‑113.54.
(d)	
A retailer shall maintain an electronic record of disposition of pseudoephedrine products to the consumer. The record shall include all of the following information and shall be entered on a form approved by the Commission:  (i) the date of the transaction; (ii) the name, date of birth, and address of the person making the purchase; (iii) the type of identification provided by the purchaser, including the identification number and the issuing State or agency; and (iv) the amount and name of the compound, mixture, or preparation being purchased. The retailer shall electronically submit in real time the purchase information to the purchase log maintained by the Commission. The retailer shall maintain the electronic record of each transaction for a period of two years from the date of transaction. The retailer's electronic record shall also be readily available within 48 hours of the time of the transaction for inspection by an authorized official of a federal, State, or local law enforcement agency. The records maintained by a retailer are privileged information and are not public records but are for the exclusive use of the retailer and law enforcement. The retailer shall retain the record of each transaction for a period of two years from the date of transaction but may destroy the information after two years from the date of the transaction.
(e)	This section does not apply to any pseudoephedrine product that is in the form of a liquid, liquid capsule, gel capsule, or pediatric product labeled pursuant to federal regulation primarily intended for administration to children under 12 years of age according to label instruction, except as to those specific products for which the Commission issues an order pursuant to G.S. 90‑113.58 subjecting the product to requirements under this Article."
SECTION 2.  Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑113.54.  Commission to establish and maintain electronic purchase log.
The Commission shall establish and maintain an electronic purchase log that shall be capable of checking compliance by retailers and consumers of pseudoephedrine products with all State, local, and federal laws regarding the purchase and sale of pseudoephedrine products. The electronic purchase log shall be capable of interfacing with electronic purchase logs of other states regarding pseudoephedrine product sales to ensure comprehensive compliance. The log shall be kept for a period of two years and shall also be subject to random and warrantless inspection by city, county, or State law enforcement officers."
SECTION 3.  This act becomes effective October 1, 2007.