Page:United States Statutes at Large Volume 120.djvu/289

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
[120 STAT. 258]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 258]

120 STAT. 258

PUBLIC LAW 109–177—MAR. 9, 2006

a daily amount of 3.6 grams, without regard to the number of transactions; and ‘‘(2) such a seller or distributor may not sell such a product in nonliquid form (including gel caps) at retail unless the product is packaged in blister packs, each blister containing not more than 2 dosage units, or where the use of blister packs is technically infeasible, the product is packaged in unit dose packets or pouches. ‘‘(e) SCHEDULED LISTED CHEMICALS; BEHIND-THE-COUNTER ACCESS; LOGBOOK REQUIREMENT; TRAINING OF SALES PERSONNEL; PRIVACY PROTECTIONS.— ‘‘(1) REQUIREMENTS REGARDING RETAIL TRANSACTIONS.— ‘‘(A) IN GENERAL.—Each regulated seller shall ensure that, subject to subparagraph (F), sales by such seller of a scheduled listed chemical product at retail are made in accordance with the following: ‘‘(i) In offering the product for sale, the seller places the product such that customers do not have direct access to the product before the sale is made (in this paragraph referred to as ‘behind-the-counter’ placement). For purposes of this paragraph, a behind-thecounter placement of a product includes circumstances in which the product is stored in a locked cabinet that is located in an area of the facility involved to which customers do have direct access. ‘‘(ii) The seller delivers the product directly into the custody of the purchaser. ‘‘(iii) The seller maintains, in accordance with criteria issued by the Attorney General, a written or electronic list of such sales that identifies the products by name, the quantity sold, the names and addresses of purchasers, and the dates and times of the sales (which list is referred to in this subsection as the ‘logbook’), except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains not more than 60 milligrams of pseudoephedrine. ‘‘(iv) In the case of a sale to which the requirement of clause (iii) applies, the seller does not sell such a product unless— ‘‘(I) the prospective purchaser— ‘‘(aa) presents an identification card that provides a photograph and is issued by a State or the Federal Government, or a document that, with respect to identification, is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title 8, Code of Federal Regulations (as in effect on or after the date of the enactment of the Combat Methamphetamine Epidemic Act of 2005); and ‘‘(bb) signs the logbook and enters in the logbook his or her name, address, and the date and time of the sale; and ‘‘(II) the seller—

VerDate 14-DEC-2004

10:20 Jul 12, 2007

Jkt 059194

PO 00001

Frm 00256

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.109

APPS06

PsN: PUBL001