WHAT YOU NEED TO DO IN IOWA TO COMPLY WITH STATE AND FEDERAL PSEUDOEPHEDRINE SALES LAWS

Although the Combat Methamphetamine Epidemic Act (CMEA) law was passed last spring, the Drug Enforcement Administration just issued rules for complying with the law in the past few days.  And, since Iowa state law (which we have been operating under since May 2005 supersedes Federal law when the restrictions are more stringent, we have had to look carefully at both laws and rules to determine how Iowa stores will need to comply.

Perhaps, first a non- pharmacy store will have to decide whether to sell the limited amount of psuedoephederine Iowa law allows you to offer for sale.  With some of the additional federal restrictions, and the greater availability of “PE” (no PSE ingredient) products, some stores may choose not to sell PSE products, thus not falling under the CMEA.  In fact, we know if at least one grocery wholesaler in the state who is opting not to distribute the products to Iowa stores.  Each store will need to make their own individual decision, based on the changes in the law and availability of supply.

The main changes for Iowa stores will be:

1.       Training requirements, using the DEA materials (and additional info, if stores choose).   The link for those materials is: www.deadiversion.usdoj.gov/meth/trg_retail_081106.pdf   All retailers selling PSE products must self-certify with the DEA that individuals making sales in the stores have undergone training to ensure their understanding of federal law regulating the affected products. In Iowa, it will be the same product limits as before, except for a change for pharmacy stores noted in the attached comparison.

2.       Self-certification is required of all stores selling PSE products by the DEA via their Web site. The deadline for self-certification is September 30, 2006, and the link to the DEA portal for this is www.deadiversion.usdoj.gov. You must certify by the web as there is no mailing address for DEA self-certification provided.

3.       If you have questions about the self-certification, you may call the DEA at (800)882-9539.

4.       Log book requirements:  Log books must now be kept for 2 years, instead of one year under Iowa law.  And, you must use the DEA language on the logbook sheet, so all customers see it.  IGIA has a sample logbook sheet, provided by Food Marketing Institute that will work.  The link for the sample page is: www.fmi.org/gr/METH_Act_Logbook_9_06.pdf

5.       If a store encounters theft or losses, they are required to report those losses to the DEA verbally as soon as they know of them.  They are then required to submit a written report to the DEA within 15 days of knowledge of loss.

6.       Chain stores of 10 stores or more may self certify in a centralized manner. The DEA point of contact is Ms. Angie Gray, her phone is (202) 307-9554.

A few questions that you may have:

Q. How specific do I have to be in the log book with product purchased?

A. DEA has indicated that writing in the product UPC may be the easiest.

Q. What about ID requirements?

A. The government issued ID must have a photo. No photo ID, no sale. However, this does not address the Amish who do not get government ID’s.

Q. Does the store clerk have to verify the date and time the customer writes down?

A. Yes, the retail clerk must make sure all info put down by the customer is correct, and make sure the person signing the logbook is the same person as who presented to ID.

Q. Specific log book requirements?

A. The logbook must contain the information listed in the sample. Also, log books must be bound.  DEA has indicated that keeping the logbook in a 3 ring binder will only be allowed until November 27. After that, it will need to be bound, like a book. The IGIA suggests taking the sample log sheet to a quick print shop, like a Kinko’s, etc. and get a book bound. The book must also be secured, and can only be shown to local state or federal law enforcement. Also, the book must be kept for 2 years now.

Q. If a mother signs the logbook and purchases the product; can I give it to another family member?

A. No. The product must be given directly to the person signing the log book.

Q. What about the sales limits?

A. For Iowa non-pharmacy stores, you will operate under the same limits as you presently are now under state law. Pharmacy stores must have daily limits of 3.6 grams per individual purchaser.

IGIA will have documents and links posted on the IGIA web page on this issue through October, if you wish to reference any materials. Also, Food Marketing Institute has several resources on this at the following web link: www.fmi.org/gr/combat_meth.htm

If you have questions, please contact Jerry Fleagle in the IGIA office at 800-383-3663.