1.    The retail sale of scheduled listed chemical products is limited to:

Terms Used In North Dakota Code 19-03.4-08

  • Contract: A legal written agreement that becomes binding when signed.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

a.    Sales in packages containing not more than a total of two grams of one or more scheduled listed chemical products, calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base; and

b.    Sales in blister packs, each blister containing not more than two dosage units, or when the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

2.    A person may not:

a.    Deliver in a single over-the-counter sale more than two packages of a scheduled listed chemical product or a combination of scheduled listed chemical products; or

b.    Without regard to the number of over-the-counter sales, deliver more than a daily amount of three and six-tenths grams of scheduled listed chemical products,     calculated in terms of ephedrine base, pseudoephedrine base, and phenylpropanolamine base, to a purchaser.

3.    When offering scheduled listed chemical products for sale, the person shall place the products behind a counter or other barrier, or in a locked cabinet, where purchasers do not have direct access to the products before the sale is made.

4.     a.    When offering scheduled listed chemical products for retail sale, a person shall require, obtain, and make a written record of the identification of the person purchasing the scheduled listed chemical product, the identification being a document issued by a government agency as described in subdivisions a and b of subsection 6, and shall deliver the product directly into the custody of the purchaser.

b.    The person shall maintain a written list of sales that identifies the product by name, the quantity sold, the names and addresses of the purchasers, the dates and times of the sales, a unique identification number relating to the electronic record submitted into the electronic recordkeeping system described in subsection 13, and a notice to a purchaser that the making of false statements or misrepresentations may subject the purchaser to federal and state criminal penalties. The purchaser shall sign the written list of sales and enter the purchaser’s name, address, and the date and time of the sale. The person making the sale shall determine that the name entered by the purchaser corresponds with the name on the identification provided by the purchaser and that the date and time of the purchase is correct. The person making the sale shall enter the name of the product and the quantity sold on the list.

c.    Before completing the transaction, the person making the sale shall submit all the information from the written record into the electronic recordkeeping system described in subsection 13.

d.    The person shall maintain the record of identification required by this section for three years, after which the record must be destroyed. The person may not use or maintain the record for any private or commercial purpose or disclose the record to any person, except as required by law. The person shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose. A person who in good faith releases the information in the record of identification to federal, state, or local law enforcement authorities is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct.

5.    A person may not deliver in an over-the-counter sale a scheduled listed chemical product to a person under the age of eighteen years.

6.    It is a prima facie case of a violation of subsection 5 if the person making the sale did not require and obtain proof of age from the purchaser. “Proof of age” means a document issued by a governmental agency which:

a.    Contains a description of the person or a photograph of the person, or both, and gives the person’s date of birth; and

b.    Includes a passport, military identification card, or driver’s license.

7.    It is an affirmative defense to a violation of subsection 5 if:

a.    The person making the sale required and obtained proof of age from the purchaser;

b.    The purchaser falsely represented the purchaser’s proof of age by use of a false, forged, or altered document;

c.    The appearance of the purchaser was such that an ordinary and prudent person would believe the purchaser to be at least eighteen years of age; and

d.    The sale was made in good faith and in reliance upon the appearance and representation of proof of age of the purchaser.

8.    This section does not apply to a product that the state board of pharmacy, upon application of a manufacturer, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts or precursors.

9.    A person may not:

a.    Make a false statement or misrepresentation in the written list of sale that is prepared and maintained as required by subsection 4; or

b.    Purchase more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in scheduled listed chemical products in a thirty-day period.

10.    A person who willfully violates subsection 1 or 9 is guilty of a class A misdemeanor. A person who willfully violates subsection 2, 3, 4, or 5 is guilty of an infraction.

11.    A person who is the owner, operator, or manager of the retail outlet or who is the supervisor of the employee or agent committing a violation of this section of the outlet where scheduled listed chemical products are available for sale is not subject to the penalties of this section if the person:

a.    Did not have prior knowledge of, participate in, or direct the employee or agent to commit, the violation of this section; and

b.    Certifies to the attorney general that the employee or agent, at the time of initial employment and each calendar year thereafter, participated in a training program approved by the attorney general providing the employee or agent with information regarding the state and federal regulations governing the sale, possession, and packaging of such products.

The approval of the training program by the attorney general is not subject to chapter 28-32.

12.    A political subdivision, including a home rule city or county, may not enact any ordinance relating to the sale by a retail distributor of over-the-counter products containing ephedrine, pseudoephedrine, or phenylpropanolamine. Any existing ordinance is void.

13.     a.    The bureau of criminal investigation shall provide retailers of listed chemical products access to a real-time electronic recordkeeping system to enter into the record system any transaction required to be recorded by subsection 4.

b.    The real-time electronic recordkeeping system must be maintained in a central repository as defined in subsection 1 of section 19-03.5-01, and must have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations.

c.    The electronic recordkeeping system must include a record of all the information in the written record, the unique identification number, and certification that a signature has been obtained.

d.    The information entered into the electronic recordkeeping system is subject to subdivision d of subsection 4.

e.    If feasible, the prescription drug monitoring system utilized under chapter 19-03.5 may be used as the electronic recordkeeping system. The bureau of criminal investigation may contract with a private vendor to implement this subsection. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract.

f.    The bureau of criminal investigation may not charge a retailer a fee for the establishment of, maintenance of, or access to, the electronic recordkeeping system.