PUBLIC LAW 109–177—MAR. 9, 2006
120 STAT. 257
(B) by inserting after paragraph (44) the following paragraphs: ‘‘(45)(A) The term ‘scheduled listed chemical product’ means, subject to subparagraph (B), a product that— ‘‘(i) contains ephedrine, pseudoephedrine, or phenylpropanolamine; and ‘‘(ii) may be marketed or distributed lawfully in the United States under the Federal, Food, Drug, and Cosmetic Act as a nonprescription drug. Each reference in clause (i) to ephedrine, pseudoephedrine, or phenylpropanolamine includes each of the salts, optical isomers, and salts of optical isomers of such chemical. ‘‘(B) Such term does not include a product described in subparagraph (A) if the product contains a chemical specified in such subparagraph that the Attorney General has under section 201(a) added to any of the schedules under section 202(c). In the absence of such scheduling by the Attorney General, a chemical specified in such subparagraph may not be considered to be a controlled substance. ‘‘(46) The term ‘regulated seller’ means a retail distributor (including a pharmacy or a mobile retail vendor), except that such term does not include an employee or agent of such distributor. ‘‘(47) The term ‘mobile retail vendor’ means a person or entity that makes sales at retail from a stand that is intended to be temporary, or is capable of being moved from one location to another, whether the stand is located within or on the premises of a fixed facility (such as a kiosk at a shopping center or an airport) or whether the stand is located on unimproved real estate (such as a lot or field leased for retail purposes). ‘‘(48) The term ‘at retail’, with respect to the sale or purchase of a scheduled listed chemical product, means a sale or purchase for personal use, respectively.’’. (2) CONFORMING AMENDMENTS.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— (A) in section 102, in paragraph (49) (as redesignated by paragraph (1)(A) of this subsection)— (i) in subparagraph (A), by striking ‘‘pseudoephedrine or’’ and inserting ‘‘ephedrine, pseudoephedrine, or’’; and (ii) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and (B) in section 310(b)(3)(D)(ii), by striking ‘‘102(46)’’ and inserting ‘‘102(49)’’. (b) RESTRICTIONS ON SALES QUANTITY; BEHIND-THE-COUNTER ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL; PRIVACY PROTECTIONS.— (1) IN GENERAL.—Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended by adding at the end the following subsections: ‘‘(d) SCHEDULED LISTED CHEMICALS; RESTRICTIONS ON SALES QUANTITY; REQUIREMENTS REGARDING NONLIQUID FORMS.—With respect to ephedrine base, pseudoephedrine base, or phenylpropanolamine base in a scheduled listed chemical product— ‘‘(1) the quantity of such base sold at retail in such a product by a regulated seller, or a distributor required to submit reports by subsection (b)(3) may not, for any purchaser, exceed
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