58-37c-209. Online sales of pseudoephedrine -- Electronic tracking system.

833 words·~4 min read·/ut/title-58/chapter-37c/58-37c-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Electronic tracking system" means the real-time, stop-sale electronic sales tracking system described in Subsection

(2).

(b)"Product" means the same as that term is defined in Section 58-37c-208 .

(c)"Stop-sale alert" means an alert an electronic tracking system sends to a retail distributor to stop the sale of a product if the sale would violate Section 58-37c-208 or any other law that prohibits the sale of a product.

(2)Except as provided in Subsection

(4), the division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules, in consultation with the Board of Pharmacy, to:

(a)approve and implement a real-time, stop-sale electronic sales tracking system to monitor the nonprescription sale, including the online sale, of products by a retail distributor; and

(b)establish procedures for the online sale of a product.

(3)The electronic tracking system shall:

(a)be capable of:

(i)allowing a retail distributor or purchaser of a product to electronically submit information to the electronic tracking system before the sale of a product;

(ii)determining whether the sale of the product would violate Section 58-37c-208 or any other law that prohibits the sale of a product;

(iii)sending a stop-sale alert;

(iv)allowing a retail distributor to override a stop-sale alert;

(v)logging each instance of a stop-sale alert override; and

(vi)allowing law enforcement agencies to access the electronic tracking system's records of a sale or attempted sale of a product; and

(b)be free of charge for use by retail distributors and law enforcement agencies.

(a)If a real-time, stop-sale electronic sales tracking system is not available to the state without charge for accessing the system to the state or retailers, the division is not required to approve and implement an electronic tracking system.

(b)If the division does not approve and implement an electronic tracking system, the online sale of a product is prohibited.

(5)After the division approves an electronic tracking system, the division, in coordination with the Board of Pharmacy, shall notify each retail distributor of the approved electronic tracking system.

(6)A retail distributor shall obtain all required information from the purchaser of a product and submit the information to the electronic tracking system before completing a sale as described in this section.

(7)A retail distributor that participates in the electronic tracking system may not complete a sale for which the electronic tracking system sends a stop-sale alert.

(8)Records a retail distributor submits to the electronic tracking system are for the confidential use of the retail distributor, except that the retail distributor shall:

(a)produce the records in court when required by law;

(b)make the records available for inspection by the division and the board; and

(c)make the records available to:

(i)the Criminal Investigations and Technical Services Division of the Department of Public Safety created in Section 53-10-103 , for the purpose of enforcing this chapter; and

(ii)federal law enforcement officers.

(9)The rules the division makes to implement the electronic tracking system shall:

(a)establish the minimum requirements for the electronic tracking system;

(b)establish regulations for use of, and access to, the electronic tracking system;

(c)establish exceptions to the prohibition in Subsection

(7), including:

(i)if a pharmacist or an employee of a retail distributor has a reasonable fear of imminent bodily harm if the sale is not completed; and

(ii)if a retail distributor experiences a mechanical or electronic failure of the electronic tracking system; and

(d)require a retail distributor to submit the following to the electronic tracking system for each online sale of a product:

(i)the purchaser's name and address;

(ii)the purchaser's signature, either on a written form or stored electronically in the electronic tracking system, attesting to the validity of all information the purchaser provides in the electronic tracking system;

(iii)the type of identification the purchaser presented in accordance with Section 58-37c-208 ;

(iv)the identification number and name of the government entity that issued the identification described in Subsection (9)(d)(iii) ;

(v)the date and time of the sale of the product; and

(vi)the name and quantity of the product sold.

(10)A retail distributor that participates in the electronic tracking system is not liable for civil damages that are the result of:

(a)any act or omission in carrying out the requirements of this section, rules the division makes in accordance with this section, or Section 58-37c-208 , except for an act or omission that constitutes gross negligence or willful misconduct; and

(b)a data breach that was proximately caused by the electronic tracking system's failure to take reasonable care through the use of industry standard levels of encryption to guard against unauthorized access to account information that is in the possession or control of the electronic tracking system.

Enacted by Chapter 159 , 2026 General Session