HOUSE BILL NO. 1573 Offered January 20, 2006 A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.8, relating to sale of pseudoephedrine by store owner; limits on purchase of pseudoephedrine; penalty. ---------- Patron-- Gilbert ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-248.8 as follows:

§ 18.2-248.8. Sale of pseudoephedrine by owner of store; limits on purchase of pseudoephedrine; penalty.

A. Only the owner of a retail establishment or his authorized agent shall dispense, sell, or distribute any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of its optical isomers.

Any person purchasing, receiving, or otherwise acquiring any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of its optical isomers shall produce a valid government-issued photo identification showing the date of birth of the person and shall sign a written log or receipt showing the date of the transaction, the name of the person, and the amount of the compound, mixture, or preparation.

B. The provisions of this section shall not apply to any such compounds, mixtures, or preparations (i) dispensed pursuant to a valid prescription; (ii) in liquid form, liquid capsule form, or gel capsule form if pseudoephedrine is not the only active ingredient; or (iii) formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

C. A violation of this section is punishable as a Class 3 misdemeanor.