HomeMy WebLinkAbout05-1188 City Code Pseudoephedrine Ordinance
CITY OF MERIDIAN ORDINANCE NO. tJ 5 -II ø g
-B¥THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
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AN ORDINANCE ENÀCTING~ N~W MERIDIAN CITY CODE TITLE 6,
CHAPTER 3, SECTION 11 TO SET LIMITS ON THE OVER-THE-COUNTER
DIS!RI~UTION OF CERTAIN PSEUDOEPHEDRINE PRODUCTS;
------ --~-RØVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
-PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, methamphetamine is an illegal drug that is produced using legal
substances such as pseudoephedrine, which is contained in certain over-the-counter
medicines sold in retail outlets; and,
WHEREAS, methamphetamine is produced and distributed in our communities
with negative social effects, including hann to children, families, increasing crime and
property damage; and,
WHEREAS, the production of methamphetamine in illegal labs can cause
significant health and safety risks such as the danger of fire, explosion, and
environmental hazards from production byproducts; and,
WHEREAS, the legislature of the State ofIdaho has not enacted any laws to
control pseudoephedrine products that have been prepared for dispensing or over-the-
counter distribution; and,
WHEREAS, the City Council of the City of Meridian deems it to be in the best
interest ofthe health, safety and welfare of its citizens to regulate the over-the-counter
distribution of certain pseudoephedrine products within the City of Meridian.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1: THAT A NEW SECTION, TITLE 6, CHAPTER 3, SECTION 11 IS
HEREBY ADDED TO THE MERIDIAN CITY CODE AS FOLLOWS:
6-3-11 Over-the-Counter Pseudoephedrine Ree:ulations
A. Definitions.
The following definitions shall apply in the following section:
1. "Locally Regulated Pseudoephedrine Products"
a. A drug or product containing as its sole active ingredient
pseudoephedrine, or any of its salts, optical isomers, or salts of
optical isomers; or
DISTRIBUTION OF PSEUDOEPHEDRINE
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b. A combination drug or product containing as one of its active
ingredients pseudoephedrine, or any of its salts, optical isomers, or
salts of optical isomers.
c. This tenn includes only compounds, mixtures, or preparations
that are in tablet fonn containing more than 20mg of
pseudoephedrine, or any of its salts, optical isomers, or salts of
optical isomers.
d. This tenn does not include any compounds, mixtures, or
preparations that are in gel capsule, liquid capsule, or liquid fonn.
2. "Over-the-counter distribution" means a retail sale of a drug or product
but does not include the sale of a drug or product pursuant to the tenus of
a valid prescription.
3. "Retailer" means any person, corporation, partnership or other
business entity conducting business within Meridian city limits who sells
or furnishes any over-the-counter drug product containing
pseudoephedrine to any person who is the ultimate user or consumer of the
product.
B. Prohibited Acts.
1. It shall be unlawful for any retailer or employee thereof to knowingly
to sell, transfer, or to otherwise furnish in a single transaction:
a. More than three packages of any locally regulated
pseudoephedrine product prepared for over-the-counter
distribution.
b. A locally regulated pseudoephedrine product prepared for over-
the-counter distribution to a person under the age of 18 years.
2. The limits established in this section shall not apply to any quantity of
pseudoephedrine product dispensed pursuant to a valid prescription.
C. Accessibility of Pseudoephedrine Products.
A retailer that offers for sale locally regulated pseudoephedrine products
prepared for over-the-counter distribution shall ensure that all packages of
the drugs are displayed and offered for sale only through vendor assisted
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sales where the customer has no access to the product except through the
assistance of an employee ofthe retailer, as follows;
1. Alllocall y regulated pseudoephedrine products shall be stocked in a
locked display case or behind a checkout or customer service counter
where the public is not pennitted; and
2. All sales oflocally regulated pseudoephedrine products shall be
conducted through an employee ofthe retailer and cannot be conducted by
a self-service checkout system unless the self-service checkout system
contains a requirement that an employee of the retailer verify the age of
the purchaser and the quantity of the purchase before the transaction can
be completed.
Section 2: PENALITY
It shall be unlawful and punishable as a misdemeanor to violate any of the provisions of
this Chapter.
Section 3: SEVERABILITY
If any provision or section of this Ordinance shall be held to be invalid by a court of
competent jurisdiction, then such provision or section shall be considered separately and
apart from the remaining provisions or sections of this Ordinance, which shall remain in
full force and effect.
Section 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect on the 1st day of December, 2005, after
its passage, approval, and publication.
PASSED by the City Council of the City of Meridian, Idaho, this 18"'6 day of
tJc;h, ~ , 2005. .
APPROVED by the Mayor of the City of Meridian, Idaho, this Ifj't- day of
()cfo6~ ,2005.
ATTEST:
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