34-20D-1. Sale of packages containing pseudoephedrine or ephedrine–Number in single transaction limited–Exception–Misdemeanor. No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription […]
34-20D-10. Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted–Exception–Misdemeanor. No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of […]
34-20D-11. Real-time electronic record-keeping system–Calculation of purchase limitations–Private vendor. The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by §34-20D-8. The real-time electronic record-keeping system shall be maintained in a central […]
34-20D-12. Law enforcement access to electronic record-keeping system. The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter. Source: SL 2014, ch 166, §4.
34-20D-2. Purchase of packages containing pseudoephedrine or ephedrine–Number in single transaction limited–Exception–Misdemeanor. No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with […]
34-20D-3. Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient. Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a […]
34-20D-5. Posting of notice. A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following: South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold […]
34-20D-6. Civil liability for sale of product. No employee or retailer is civilly liable to any injured person or the person’s estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of §34-20D-1. Source: SL 2005, ch 178, §6.
34-20D-7. County or municipality prohibited from establishing higher requirements or penalties. No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter. Source: SL 2005, ch 178, §7.
34-20D-8. Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine–Reporting–Stop-sale alert. If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this […]
34-20D-8.1. Waiver of electronic reporting–Disclosure of record to law enforcement. The attorney general may grant a retailer a waiver pursuant to §34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is […]
34-20D-9. Immunity from civil liability for good faith release of information to law enforcement. Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful […]
