(A) The County Sheriff’s Department is authorized to establish and implement an electronic record-keeping system of the transactions involving the distribution of ephedrine, pseudoephedrine and phenylpropanolamine products by pharmacists or registered pharmacy technicians operating within the county, which must be recorded and maintained pursuant to all current state and federal laws. Said system shall monitor data in compliance with all current, or hereinafter amended or enacted, state and federal laws, rules and regulations and be accessible by the County Sheriff’s Department at all times.
(B) All pharmacies, pharmacists and registered pharmacy technicians operating in the county, and that choose to sell over-the-counter products containing ephedrine, pseudoephedrine and/or phenyl-propanolamine, shall be required to establish, implement, utilize, participate in, and continuously maintain said electronic record-keeping system commencing not later than 30 days of this section becoming effective, or be subject to fines of up to $2,500 per day for each day until compliance with the requirements of this section is fully achieved.
(C) Pharmacies participating in the public sale of over-the-counter products containing ephedrine, pseudoephedrine and/or phenylpropanolamine must participate in the electronic record-keeping system implemented by the County Sheriff’s Department by using the system to directly enter their transaction data regarding any and all products containing ephedrine, pseudoephedrine and/or phenylpropanolamine at the point of sale.
(D) All prior ordinances or resolutions, or parts of such prior ordinances or resolutions, adopted by this Board of Commissioners of the county that are in conflict with the provisions of this section are hereby repealed to the extent of the conflict.
(E) The provisions of this section are hereby declared to be severable, and if any section, phrase or provision of this section shall hereinafter be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases or provisions of this section.
(F) It is hereby found and determined that the immediate passage of this section is necessary to efficiently and effectively deal with the monitoring of transactions involving the distribution of ephedrine, pseudoephedrine and/or phenylpropanolarnine products by pharmacies within the county, and to preserve the public health, safety and welfare.
(Ord. 1-2009, passed 1-22-2009)