| (a) Before completing an over-the-counter sale of a
product containing ephedrine, pseudoephedrine, or norpseudoephedrine,
a business establishment that engages in those sales shall transmit
the information in the record made under §230.15(a)(2) of this
title (relating to Records) to a real-time electronic logging system.
(b) Except as provided by subsection (c) of this section,
a business establishment may not complete an over-the-counter sale
of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine
if the real-time electronic logging system returns a report that the
completion of the sale would result in the person obtaining an amount
of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination
of those substances greater than the amount described by §230.15(b)
of this title, regardless of whether all or some of the products previously
obtained by the buyer were sold at the establishment or another business
establishment.
(c) An employee of a business establishment may complete
a sale prohibited by subsection (b) of this section by using the override
mechanism described by §230.11(b)(7)(F) of this title (relating
to General Provisions) only if the employee has a reasonable fear
of imminent bodily injury or death from the person attempting to obtain
ephedrine, pseudoephedrine, or norpseudoephedrine.
(d) On request of the Department of Public Safety,
the administrators of a real-time electronic logging system shall
make available to the Department of Public Safety a copy of each record
of an over-the-counter sale of a product containing ephedrine, pseudoephedrine,
or norpseudoephedrine that is submitted by a business establishment
located in this state.
(e) On application by a business establishment that
engages in over-the-counter sales of products containing ephedrine,
pseudoephedrine, or norpseudoephedrine in accordance with this subchapter,
the department may grant that business establishment a temporary exemption,
not to exceed 180 days, from the requirement of using a real-time
electronic logging system under this subchapter.
(f) A business establishment granted a temporary exemption
under this section must keep records of sales in the same manner required
under subsection (h) of this section for a business establishment
that experiences a mechanical or electronic failure of the real-time
electronic logging system.
(g) An exemption granted under this section does not
relieve a business establishment of any duty under this subchapter
other than the duty to use a real-time electronic logging system.
(h) If a business establishment that engages in over-the-counter
sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine
experiences a mechanical or electronic failure of the real-time electronic
logging system, the business shall:
(1) maintain a written record or an electronic record
made by any means that satisfies the requirements of §230.15(a)(2)
of this title; and
(2) enter the information in the real-time electronic
logging system as soon as practicable after the system becomes operational.
(i) The administrators of a real-time electronic logging
system must comply with Health and Safety Code, §486.0144 (relating
to Online Portal), which requires providing real-time access to the
information in the system to the Department of Public Safety if the
Department of Public Safety executes a memorandum of understanding
with the administrators.
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