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)