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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 30. Controlled Substances
- Section 90. Sale or Purchase of Certain Listed Chemicals.
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. Unlawful Administration, Prescription, and Dispensation of Controlled Substances.
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. Powers of the Department of Public Safety.
AS 17.30.090. Sale or Purchase of Certain Listed Chemicals.
- (a) A seller, retailer, or vendor may not sell for personal use and a person may not purchase for personal use
ephedrine base, pseudoephedrine base, or phenylpropanolamine base, as those terms are used in P.L. 109-177, 120 Stat. 192, unless that
sale or purchase complies with and meets the requirements of P.L. 109-177, 120 Stat. 192, with regard to amounts, identification
required, storage, access and availability, and logbooks. A seller, retailer, or vendor shall maintain the logbook for the period
required under P.L. 109-177, 120 Stat. 192, and shall allow law enforcement officers access to the logbook. Each seller, retailer, and
vendor shall provide training to the seller's, retailer's, or vendor's employees and agents in the requirements of this section. The
Department of Public Safety shall provide assistance and information to sellers, retailers, and vendors to meet the requirements of this
- (b) A seller, retailer, or vendor may not sell to a person under 16 years of age and a person under 16 years of
age may not purchase a product or substance identified in (a) of this section.
- (c) Nothing in this section limits the authority of a seller, retailer, or vendor regulated by this section to
report to a law enforcement agency or officer suspicious purchases of a chemical, product, or substance. A seller, retailer, or vendor
is not liable in a civil action for release of information to a law enforcement agency concerning matters related to this section.
- (d) A seller, retailer, or vendor does not violate this section if the seller, retailer, or vendor proves by a
preponderance of the evidence that the seller, retailer, or vendor
- (1) exercised the degree of care of a reasonable employer to ensure compliance with (a) - (c) of this section;
- (2)determined that the employees and agents of the seller, retailer, or vendor had been notified of the
requirements of this section by
- (A) securing each employee's or agent's written acknowledgment of notification of those requirements; or
- (B) making another appropriate determination.
- (e) A person who violates this section shall forfeit and pay to the state a civil penalty of not more than
$10,000 for each violation.
Article 02. ENFORCEMENT AND FORFEITURE
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