House File 638
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 273)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to ephedrine and pseudoephedrine, and making
2 penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 3084HV 80
5 jm/sh/8
PAG LIN
1 1 Section 1. Section 124.212, subsection 5, Code 2003, is
1 2 amended to read as follows:
1 3 5. EPHEDRINE. Unless specifically excepted in paragraph
1 4 "b" or "c", or listed in another schedule, any material,
1 5 compound, mixture, or preparation which contains any quantity
1 6 of the following substance, including its salts, optical
1 7 isomers, and salts of such optical isomers:
1 8 a. Ephedrine.
1 9 b. Any dietary supplement product that is not otherwise
1 10 prohibited by any other law and is a naturally occurring
1 11 ephedrine alkaloid or associated salts, isomers, salts of
1 12 isomers, or a combination of these substances that are
1 13 contained in a matrix of organic material.
1 14 b. c. The following drug products containing ephedrine,
1 15 its salts, optical isomers, and salts of such optical isomers
1 16 are excepted from this schedule if they may lawfully be sold
1 17 over the counter without a prescription under the federal
1 18 Food, Drug and Cosmetic Act; are labeled and marketed in a
1 19 manner consistent with the pertinent over=the=counter
1 20 tentative final or final monograph; are manufactured and
1 21 distributed for legitimate medicinal use in a manner that
1 22 reduces or eliminates the likelihood of abuse; and are not
1 23 marketed, advertised, or labeled for the indication of
1 24 stimulation, mental alertness, weight loss, muscle
1 25 enhancement, appetite control, or energy:
1 26 (1) Solid oral dosage forms, including soft gelatin
1 27 capsules, that combine active ingredients in the following
1 28 range for each dosage unit of not less than twelve and five=
1 29 tenths milligrams but not more than twenty=five milligrams of
1 30 ephedrine and not less than four hundred milligrams of
1 31 guaifenesin packaged in blister packs of not more than two
1 32 tablets per blister.
1 33 (2) Anorectal preparations containing less than five
1 34 percent ephedrine.
1 35 c. A dietary supplement is also excepted from this
2 1 schedule if the dietary supplement is not otherwise prohibited
2 2 by any other law and is a naturally occurring ephedrine
2 3 alkaloid or associated salts, isomers, salts of isomers, or a
2 4 combination of these substances that are contained in a matrix
2 5 of organic material and do not exceed fifteen percent of the
2 6 total weight of the natural product.
2 7 Sec. 2. NEW SECTION. 126.23A PSEUDOEPHEDRINE.
2 8 1. Beginning July 1, 2003, a retailer shall not sell or
2 9 offer for sale pseudoephedrine in a single ingredient form
2 10 through the use of a self=service display.
2 11 2. A retailer that violates this section commits a simple
2 12 misdemeanor, punishable as a scheduled violation under section
2 13 805.8C, subsection 4.
2 14 3. As used in this section, "retailer" means any business
2 15 or enterprise that sells or offers for sale pseudoephedrine to
2 16 the general public.
2 17 4. As used in this section, "self=service display" means
2 18 any manner of product display, placement, or storage which a
2 19 person purchasing pseudoephedrine may take possession of the
2 20 product, prior to purchase, without assistance from the
2 21 retailer or an employee of the retailer, in removing the
2 22 pseudoephedrine from a restricted access location.
2 23 Sec. 3. Section 805.8C, Code 2003, is amended by adding
2 24 the following new subsection:
2 25 NEW SUBSECTION. 4. RETAILER VIOLATION. For a violation
2 26 of section 126.23A, the scheduled fine for a retailer is one
2 27 hundred dollars.
2 28 EXPLANATION
2 29 This bill relates to ephedrine and making pseudoephedrine a
2 30 controlled substance.
2 31 The bill provides that any dietary supplement containing
2 32 any naturally occurring ephedrine becomes a schedule V
2 33 controlled substance. "Dietary supplement" is generally
2 34 defined under the bill to mean a naturally occurring ephedrine
2 35 alkoid or associated salts, isomers, salts of isomers, or a
3 1 combination of these substances that are contained in a matrix
3 2 of organic material.
3 3 Iowa administrative code rule 657=10.31 establishes the
3 4 rules for dispensing a schedule V controlled substance. The
3 5 rule further limits the amount and frequency of purchase,
3 6 requires the purchaser be at least 18 years of age, and
3 7 requires presentation of identification and a signature before
3 8 purchase. A schedule V controlled substance does not require
3 9 a prescription but is not to be distributed other than for a
3 10 medical purpose. The distribution of a schedule V substance
3 11 is regulated by pharmacists, and scheduled V substances must
3 12 be kept off public access shelves.
3 13 Any criminal offense related to a schedule V controlled
3 14 substance is punishable as an aggravated misdemeanor pursuant
3 15 to Code section 124.401(1)(d).
3 16 The bill provides that beginning July 1, 2003, a retailer
3 17 shall not sell or offer for sale pseudoephedrine in a single
3 18 ingredient form through the use of a self=service display.
3 19 The bill defines "self=service display" to mean any product
3 20 display which a person purchasing the product may take
3 21 possession of the product without assistance from the
3 22 retailer.
3 23 A retailer who displays pseudoephedrine in a single
3 24 ingredient form by using a self=service display commits a
3 25 simple misdemeanor punishable by a scheduled fine of $100.
3 26 LSB 3084HV 80
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