(a) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall do all of the following:
(1) Segregate pseudoephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs;
(2) With regard to each time a pseudoephedrine product is sold or otherwise provided:
A. Determine, by examination of a valid proof of age, that the purchaser or recipient is at least eighteen years of age;
B. Make a reasonable attempt to ensure that no individual purchases or receives more than nine grams of pseudoephedrine products within a period of thirty consecutive days;
(b) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product to the public shall maintain a log book of all purchases of pseudoephedrine products. The log book may be maintained in a tangible format, in an electronic format, or in both a tangible format and an electronic format. As part of this requirement, the retailer or terminal distributor of dangerous drugs shall do all of the following:
(1) Require each purchaser to sign an entry in the log book that is maintained in the electronic or tangible format;
(2) Determine whether the name signed in the entry in the log book corresponds with the name on a government-issued identification card;
(3) Retain the log book in a tangible format, in an electronic format, or in both a tangible format and an electronic format for a minimum of one year after the date of the last purchase recorded in the log book;
(4) Include in the log book in the manner described in Section 753.08(e) of this chapter or, in the alternative, post, in a conspicuous location, the following statement: "Ohio law prohibits the over-the-counter purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient. If you purchase a consumer product in which pseudoephedrine is the only active ingredient, you are required to sign a log book that may be accessible to law enforcement officers and to provide a government-issued identification card to verify your identity. Except in limited circumstances, the purchase within any period of thirty consecutive days of more than nine grams of any consumer product in which pseudoephedrine is the only active ingredient,
and the purchase by any individual under eighteen years of age of any consumer product in which pseudoephedrine is the only active ingredient, are subject to criminal prosecution or delinquency proceedings in accordance with Ohio law. Also, the provision of false information concerning an individual's name, age, or other identification for the purpose of acquiring any consumer product in which pseudoephedrine is the only active ingredient is subject to criminal prosecution or delinquency proceedings in accordance with Ohio law."
(c) Each purchaser of a pseudoephedrine product shall do all of the following:
(1) Sign and print the purchaser's name and address in the log book;
(2) Provide a government-issued identification card to the retailer or terminal distributor of dangerous drugs to verify the purchaser's identity.
(d) Information contained in the log book may not be used or disclosed except in the following circumstances:
(1) In response to a court order or subpoena;
(2) In response to a request from a law enforcement official to be used for law enforcement purposes.
(1) If the log book is maintained in an electronic format, the statement shall be set forth in such a manner that it is presented on the viewing screen to each purchaser who is signing an entry in the log book before the purchaser may sign the entry.
(2) If the log book is maintained in a tangible format, the statement shall be set forth on the cover of the log book and on each page of the log book.
(f) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the State Board of Pharmacy whose duty it is to enforce the laws of this State or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the State Medical Board and its employees for purposes of enforcing Chapter 4731 of the Ohio Revised Code.
(Ord. 2006-158. Adopted 5-15-06.)