Page:United States Statutes at Large Volume 110 Part 5.djvu/33

 PUBLIC LAW 104-237—OCT. 3, 1996 110 STAT. 3107 (1) in subparagraph (A)(iv)(I)(aa), by striking "as " through the semicolon and inserting ", pseudoephedrine or its salts, optical isomers, or salts of optical isomers, or phenylpropanolamine or its salts, optical isomers, or salts of optical isomers unless otherwise provided by regulation of the Attorney General issued pursuant to section 204(e) of this title;"; and (2) in subparagraph (A)(iv)(II), by inserting ", pseudoephedrine, phenylpropanolamine," after "ephedrine. (b) LEGITIMATE RETAILERS.— Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended— (1) in paragraph (39)(A)(iv)(I)(aa), by adding before the semicolon the following: ' V, except that any sale of ordinary over-the-counter pseudoephedrine or phenylpropanolamine products by retail distributors shall not be a regulated trsinsaction (except as provided in section 401(d) of the Comprehensive Methamphetamine Control Act of 1996)"; (2) in paragraph (39)(A)(iv)(II), by adding before the semicolon the following: ", except that the threshold for any sale of products containing pseudoephedrine or phenylpropanolamine products by retafl distributors or by distributors required to submit reports by section 310(b)(3) of this title shall be 24 grams of pseudoephedrine or 24 grams of phenylpropanolamine in a single transaction"; (3) by redesignating paragraph (43) relating to felony drug offense as paragraph (44); and (4) by adding at the end the following: "(45) The term 'ordinary over-the-counter pseudoephedrine or phenylpropginolamine product' means any product containing pseudoephedrine or phenylpropanolamine that is— "(A) regulated pursuant to this title; and "(B)(i) except for Uquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base, and that is packaged in blister packs, each blister containing not more than two dosage units, or where the use of blister packs is technically infeasible, that is packaged in unit dose packets or pouches; and "(ii) for liquids, sold in package sizes of not more than 3.0 grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine base. (46)(A) The term 'retail distributor' means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor relating to pseudoephedrine or phenylpropanolamine products are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, either directly to walk-in customers or in face-to- face transactions by direct sales. "(B) For purposes of this paragraph, sale for personal use means the sale of below-threshold quantities in a single transaction to an individual for le^timate medical use. "(C) For purposes of this paragraph, entities are defined by reference to the Standard Industrial Classification (SIC) code, as follows: "(i) A grocery store is an entity within SIC code 5411. "(ii) A general merchandise store is an entity within SIC codes 5300 through 5399 and 5499. "(iii) A drug store is an entity within SIC code 5912.". 2&-194 0-96 -2:QL3Part5

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