(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.

Source Note: The provisions of this §13.51 adopted to be effective November 6, 2016, 41 TexReg 8621