Section 17.30.090. Sale or purchase of certain listed chemicals.

   (a) A seller, retailer, or vendor may not sell for personal use and a person may not purchase for personal use ephedrine base, pseudoephedrine base, or phenylpropanolamine base, as those terms are used in P.L. 109-177, 120 Stat. 192, unless that sale or purchase complies with and meets the requirements of P.L. 109-177, 120 Stat. 192, with regard to amounts, identification required, storage, access and availability, and logbooks. A seller, retailer, or vendor shall maintain the logbook for the period required under P.L. 109-177, 120 Stat. 192, and shall allow law enforcement officers access to the logbook. Each seller, retailer, and vendor shall provide training to the seller's, retailer's, or vendor's employees and agents in the requirements of this section. The Department of Public Safety shall provide assistance and information to sellers, retailers, and vendors to meet the requirements of this section.
   (b) A seller, retailer, or vendor may not sell to a person under 16 years of age and a person under 16 years of age may not purchase a product or substance identified in (a) of this section.
   (c) Nothing in this section limits the authority of a seller, retailer, or vendor regulated by this section to report to a law enforcement agency or officer suspicious purchases of a chemical, product, or substance. A seller, retailer, or vendor is not liable in a civil action for release of information to a law enforcement agency concerning matters related to this section.
   (d) A seller, retailer, or vendor does not violate this section if the seller, retailer, or vendor proves by a preponderance of the evidence that the seller, retailer, or vendor
        (1) exercised the degree of care of a reasonable employer to ensure compliance with (a) - (c) of this section; and
        (2) determined that the employees and agents of the seller, retailer, or vendor had been notified of the requirements of this section by
             (A) securing each employee's or agent's written acknowledgment of notification of those requirements; or
             (B) making another appropriate determination.
   (e) A person who violates this section shall forfeit and pay to the state a civil penalty of not more than $10,000 for each violation.

Notes

History

(Sec. 18 ch 53 SLA 2006)