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TO AMEND SECTION 44-53-398, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS TO SELL PRODUCTS WHOSE SOLE ACTIVE INGREDIENT IS EPHEDRINE OR PSEUDOEPHEDRINE, INCLUDING THE REQUIREMENT THAT RETAILERS MAINTAIN A LOG OF SUCH SALES, SO AS TO FURTHER SPECIFY THAT SUCH LOG MUST BE ELECTRONIC AND THAT IT MUST BE CAPABLE OF CHECKING COMPLIANCE AGAINST LOCAL, STATE, AND FEDERAL LAWS AND INTERFACING WITH OTHER STATES TO ENSURE COMPLIANCE AND TO REQUIRE THAT ADDITIONAL PURCHASER INFORMATION MUST BE RECORDED IN THE LOG.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-398(D) of the 1976 Code, as added by Act 275 of 2006, is amended to read:
"(D)(1) A retailer selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or an electronic log showing the date and time of the transaction, the person's name and address, date of birth, and the amount of the compound, mixture, or preparation. The retailer shall determine and indicate on the log that the name entered in the log corresponds to the name on the identification and that the date and time entered are correct and shall enter in the log the type of identification provided, the identification number, and the issuing state or agency and the name of the product and the quantity sold. The must include a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties. The retailer shall retain this log for two years after which the log may be destroyed. The log is subject to and must be made available for random and warrantless inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer.
(2) The Department of Health and Environmental Control shall establish and administer the electronic log, which must be capable of checking compliance against all local, state, and federal laws, including interfacing with other states to ensure comprehensive compliance.
(3) A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act. A retailer or an employee or agent of a retailer who in good faith releases information in a log to federal, state, or local law enforcement authorities is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or wilful misrepresentation."
SECTION 2. This act takes effect four months after approval by the Governor.
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