The Florida Senate

893.1495  Retail sale of ephedrine and related compounds.--

(1)  No person shall knowingly deliver in any single retail over-the-counter sale any number of packages of any drug containing a sole active ingredient that contains a combined total of more than 9 base grams of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers, or more than three packages in any single retail over-the-counter sale, regardless of weight, containing any such sole active ingredient.

(2)  No person shall knowingly display and offer for retail sale packages of any drug having a sole active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts or optical isomers other than behind a checkout counter where the public is not permitted or other such location that is not otherwise accessible to the general public.

(3)  No person who is the owner or primary operator of a retail outlet where ephedrine, pseudoephedrine, or phenylpropanolamine products are available for sale shall knowingly allow an employee to engage in the retail sale of such products unless the employee has completed an employee training program that shall include, at a minimum, basic instruction on state and federal regulations relating to the sale and distribution of such products.

(4)  The requirements of this section relating to the marketing, sale, or distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products shall supersede any local ordinance or regulation passed by a county, municipality, or other local governmental authority.

(5)  Any individual who violates subsection (1), subsection (2), or subsection (3) commits:

(a)  For a first offense, a misdemeanor of the second degree, punishable as provided in s. 775.083

(b)  For a second offense, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083

(c)  For a third or subsequent offense, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

History.--s. 5, ch. 2005-128.