Pubdate: Thu, 10 Nov 2005 Source: News Tribune, The (Tacoma, WA) Copyright: 2005 Tacoma News Inc. Contact: http://www.thenewstribune.com/ Details: http://www.mapinc.org/media/442 Author: Joseph Turner, The News Tribune METH LAW PUTS 7-ELEVEN OUT OF COLD BUSINESS The 7-Eleven stores in Washington have decided to stop selling cold and allergy medicines that can be used to make methamphetamine, rather than keep a record of every sale. Robin Pavlish, market manager for 7-Eleven Inc., said the new requirements adopted last week by the state Board of Pharmacy are too much of a burden for the chain's 225 stores in Washington. Beginning Jan. 1, retailers must track sales of Sudafed, Actifed, Drixoral, Claritin-D and other medicines that contain ephedrine, pseudoephedrine or phenylpropanolamine. Those ingredients can be used to make meth, a highly addictive drug that can produce violent behavior in its users and can become toxic over time. "Unfortunately, the red tape and regulations that go along with selling these products make it an onerous burden on our franchisees, all small-business people," Pavlish wrote in a letter that was sent to the Washington Retail Association and forwarded to the pharmacy board. "We felt that requiring a sales associate to log customers' names in a book was a liability we did not want to incur. "We feel this unfair burden will impact 99 percent of customers who buy this product legitimately," he added. "Thus, we will lose customers as a result." Oct. 1 was the deadline for retailers to remove all products containing those ingredients from their shelves, although most retailers already had done so. Those products now are sold only through customer service counters. Next year, retailers also will have to keep a record of every sale, recording the buyer's name, date of birth, address, signature, date of purchase, form of identification produced, number of packages and number of tablets per package. Those records must be kept for two years and made available to any law enforcement agency that requests them, as well as the pharmacy board. Buyers also must be at least 18 years old and can buy no more than two packages of the cold medicine in a single transaction. Buyers also must show picture ID -- a driver's license, a passport, an armed forces ID or a liquor board ID. The Legislature added the requirements earlier this year in the hope that rigid record-keeping will discourage the manufacture of meth. "We're totally committed to implementation of the law and we do believe it will reduce the number of meth labs in the neighborhoods," said Clif Finch, spokesman for the Washington Food Industry, whose members include QFC, Safeway, Haggen grocery store chains as well as many smaller stores. "But we're not happy with the final result. It increases the hassle factor for consumers." Finch said retailers estimate it will take three to four minutes to record each transaction, and one of the chains estimates it will have 10,000 such transactions every month. Retailers can appeal the new log requirement to the state Department of Health, the Joint Administrative Rules Committee or go to court. "And we're looking at all those options," Finch said. The statewide pilot project is to be evaluated by a group of law enforcement agencies, the pharmacy board and retailers to determine the effectiveness of the record-keeping. A report must be made to the Legislature by November 2007. Finch said he was disappointed the pharmacy board didn't conduct a cost-benefit analysis of the new recording requirement. If it had, it would have learned that the record-keeping could add $1 to the cost of cold remedies and allergy medicines, he said. Steven Saxe, the board's executive director, said cameras can be used to supplement the retailers' logs, but are not a requirement. - --- MAP posted-by: Beth Wehrman