RCW 69.43.110 and 69.43.120 do not apply to:
(1) Pediatric products primarily intended for administration
to children under twelve years of age, according to label
instructions, either: (a) In solid dosage form whose individual
dosage units do not exceed fifteen milligrams of ephedrine,
pseudoephedrine, or phenylpropanolamine; or (b) in liquid form
whose recommended dosage, according to label instructions, does
not exceed fifteen milligrams of ephedrine, pseudoephedrine, or
phenylpropanolamine per five milliliters of liquid product;
(2) Pediatric liquid products primarily intended for
administration to children under two years of age for which the
recommended dosage does not exceed two milliliters and the total
package content does not exceed one fluid ounce;
(3) Products that the state board of pharmacy, upon
application of a manufacturer, exempts by rule from RCW 69.43.110
and 69.43.120 because the product has been formulated in such a
way as to effectively prevent the conversion of the active
ingredient into methamphetamine, or its salts or precursors; or
(4) Products, as packaged, that the board of pharmacy, upon
application of a manufacturer, exempts from RCW 69.43.110(1)(b)
and 69.43.120 because:
(a) The product meets the federal definition of an ordinary
over-the-counter pseudoephedrine product as defined in 21 U.S.C.
802;
(b) The product is a salt, isomer, or salts of isomers of
pseudoephedrine and, as packaged, has a total weight of more than
three grams but the net weight of the pseudoephedrine base is
equal to or less than three grams; and
(c) The board of pharmacy determines that the value to the
people of the state of having the product, as packaged, available
for sale to consumers outweighs the danger, and the product, as
packaged, has not been used in the illegal manufacture of
methamphetamine.
[2004 c 52 § 7; 2001 c 96 § 11.]
NOTES:
Finding -- Severability -- Effective date -- 2004 c 52: See notes following RCW 18.64.044.
Intent--Severability -- 2001 c 96: See notes following RCW 69.43.010.