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Frequently Asked Questions for Businesses
City Of Phoenix
Pseudoephedrine / Ephedrine Ordinances G-4737 and G-4738
- What does my business need to do to comply with the new ordinances?
The ordinances require all retail commercial establishments that sell products containing ephedrine or pseudoephedrine to keep those products off store shelves and behind store counters, or in a manner that is inaccessible to customers without the aid of a store employee.
This means that you must limit access to your ephedrine or pseudoephedrine products, either behind the counter or in a cabinet that only you or your employees can access.
- What happens if I do not follow the ordinance requirements?
There are two possible consequences, both of which could be enforced upon you.
1. Your product may be seized by the police and destroyed.
2. You could be charged with a misdemeanor for violating this ordinance.
- If my products are seized by the police, can I get them back?
You can request a hearing and a judge will hear your case. If the court finds in your favor, the products will be returned to you. If you are found in violation of the ordinance, the products will be destroyed.
- How do I request a hearing?
When police seize products that are not in compliance with the ordinance, the officer will fill out a form and give a copy to you. The instructions for requesting a hearing and the required contact information needed from you are on the form.
- How do I keep track of purchases?
The purchaser must show a government-issued ID and then a log containing the required information will be filled out for each sale.
- What if they do not have the required ID? Is the Mexican Consulate-Issued ID acceptable?
They must have a current state-issued driver license or ID card, a current Military ID, a current Tribal ID card or a current passport. The Mexican Consulate ID is not acceptable.
- What information is required to be kept on the log?
The purchaser’s name, date of birth, address and how much of the product was purchased.
- Where can I find a copy of the log?
On the city of Phoenix Web site, www.phoenix.gov/meth. Just print the form and use it!
- What do I do with the log sheets?
Per the ordinance, you must send or fax the logs for the previous month’s sales to the Police Department by the 10th of the current month. Mail or fax them to:
Phoenix Police Department
Drug Enforcement Bureau
620 W. Washington St.
Phoenix, AZ 85003
Fax: 602-431-2134
- Since this ordinance does not restrict the amount I can sell to a purchaser, can customers buy unlimited amounts?
NO! You must also comply with State Law, 13-3404.01 (C), which restricts the amount of product to three boxes or nine grams of pseudoephedrine or ephedrine per transaction, unless the purchaser has a valid prescription to purchase more.
Further, you are required to report “suspicious” transactions. This may be the same person coming to your store every day to buy the maximum amount each time or a group coming in together and each buying the maximum amount.
- What if the pharmacy is closed during a portion of my store hours and a customer wants to purchase these products?
You can designate an employee who can access the products in the pharmacy after hours or keep the products in another portion of the store that customers can not access. Employees can then get the products from that area for your customers. If you do not have access during certain hours, as a courtesy to your customers, you may want to let them know the closest 24-hour pharmacy location to your store.
- Who can I call for more information?
Sergeant Don Sherrard
Phoenix Police Department
Drug Enforcement Bureau
602-275-5886
don.sherrard@phoenix.gov
Last modified on
08/28/2007 08:18:54 |
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