As used in this article and unless otherwise specified, the following terms are defined as follows:
Listed precursor chemicals.
Any compound, mixture, or preparation containing any detectable amount of “ephedrine,” “pseudoephedrine,” and/or “norpseudoephedrine,” including its salts, optical isomers, and salts of optical isomers. The term does not include any compound, mixture, or preparation that is in liquid, liquid capsule, or liquid gel capsule form.
Pharmacy.
A retail establishment as licensed by the state board of pharmacy.
Retail establishment.
A business establishment that does not operate a pharmacy licensed by the Texas State Board of Pharmacy but engages in over-the-counter sales of the listed precursor chemicals and holds a certificate of authority issued under Title 6, section 486.012.
Sale.
A conveyance, exchange, barter, or trade.
(Ordinance 09-029 adopted 5/12/09)
Every pharmacy or retail establishment in the city shall participate in a monitoring program as administered by the city, which requires an electronic record keeping system of transactions involving the sale and distribution of the listed precursor chemicals that must be recorded and maintained pursuant to Texas Health and Safety Code, Title 6, chapter 486. Participation in the program shall include payment of the pro rata portion of the administrative costs associated with the program.
(Ordinance 09-029 adopted 5/12/09)
Any such pharmacy, business or retail establishment that fails to participate in the electronic record keeping program, as administered by the city, shall be in violation of this article and is guilty of a separate offense for each day or part of day the violation is committed, continued or permitted. Each offense upon conviction is punishable by a fine not to exceed $2,000.00, and may be considered grounds for the possible revocation and suspension of its business license.
(Ordinance 09-029 adopted 5/12/09)