(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.

Source Note: The provisions of this §230.16 adopted to be effective October 11, 2012, 37 TexReg 8032; amended to be effective June 7, 2018, 43 TexReg 3594