| (a) A wholesale distributor who sells, transfers, or
otherwise furnishes a product containing ephedrine, pseudoephedrine,
or norpseudoephedrine to a retailer shall obtain before delivering
the product:
(1) The retailer's business name, address, area code,
and telephone number;
(2) The name of the person making the purchase;
(3) The amount of the product containing ephedrine,
pseudoephedrine, or norpseudoephedrine ordered; and
(4) Any other information required by the department.
(b) A wholesale distributor shall make an accurate
and legible record of the information in subsection (a) of this section
and the amount of the product containing ephedrine, pseudoephedrine,
or norpseudoephedrine actually delivered. A wholesale distributor
shall retain the record for a period of at least two years after the
date of the transaction. The record shall be made available to the
department upon request.
(c) Not later than ten business days after receipt
of an order for a product containing ephedrine, pseudoephedrine, or
norpseudoephedrine requesting delivery of a suspicious quantity of
that product, the wholesale distributor shall report the suspicious
order to the department on the form and in the manner approved by
the department.
(d) A wholesale distributor who distributes a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine to a
retailer shall make available for immediate inspection to any member
of the department during regular business hours upon presentation
of proper credentials all files, papers, processes, controls, or facilities
appropriate for verification of a required record or report. If the
wholesaler is no longer in operation or closed, the records shall
be made available within three business days.
(e) A wholesale distributor who fails to comply with
the requirements of this section may be subject to administrative
penalties, pursuant to Subchapter H of the Act and notification of
the proper administrative or law enforcement authorities.
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