Utah Code 58-37c-19.5. Iodine solution greater than 1.5% — Prescription or permit required — Penalties
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “iodine matrix” means iodine at concentrations greater than 1.5% by weight in a matrix or solution.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 58-37c-19.5
- Department: means the Department of Commerce. See Utah Code 58-1-102
- Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3
- Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
- Regulated transaction: means any actual, constructive or attempted:(8)(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or(8)(b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3
- Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
(9)(a) in both number of sales and volume of sales; and(9)(b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) A person may offer to sell, sell, or distribute an iodine matrix only:(2)(a) as a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or(2)(b) to a person who is actively engaged in the legal practice of animal husbandry of livestock, as defined in Section 4-1-109.(3) Prescriptions issued under this section:(3)(a) shall provide for a specified number of refills;(3)(b) may be issued by electronic means, in accordance with Title 58, Chapter 17b, Pharmacy Practice Act; and(3)(c) may be filled by a person other than the veterinarian or physician issuing the prescription.(4) A retailer offering iodine matrix for sale:(4)(a) shall store the iodine matrix so that the public does not have access to the iodine matrix without the direct assistance or intervention of a retail employee;(4)(b) shall keep a record, which may consist of sales receipts, of each person purchasing iodine matrix; and(4)(c) may, if necessary to ascertain the identity of the purchaser, ask for proof of identification from the purchaser.(5) A person engaging in a regulated transaction under Subsection (2) is guilty of a class B misdemeanor if the person, under circumstances not amounting to a violation of Subsection 58-37d-4(1)(c), offers to sell, sells, or distributes an iodine matrix to a person who:(5)(a) does not present a prescription or is not engaged in animal husbandry, as required under Subsection (2); or(5)(b) is not excepted under Subsection (7).(6) A person is guilty of a class A misdemeanor who, under circumstances not amounting to a violation of Subsection 58-37c-3(11)(k) or 58-37d-4(1)(a):(6)(a) possesses an iodine matrix without proof of obtaining the solution in compliance with Subsection (2); or(6)(b) offers to sell, sells, or distributes an iodine matrix in violation of Subsection (2).(7) Subsection (6)(a) does not apply to:(7)(a) a chemistry or chemistry-related laboratory maintained by:(7)(a)(i) a public or private regularly established secondary school; or(7)(a)(ii) a public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;(7)(b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary Practice Act;(7)(c) a general acute hospital; or(7)(d) a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities. - Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use: