ARC 0416D

ARC 0416D

PUBLIC SAFETY DEPARTMENT[661]

Adopted and Filed

Rulemaking related to retail sales of pseudoephedrine

    The Public Safety Department hereby rescinds Chapter 174, “Retail Sales of Pseudoephedrine,” Iowa Administrative Code, and adopts a new Chapter 174 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 124.212B.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 124.212A and 124.212B.

Purpose and Summary

    Pursuant to Executive Order 10, the Department rescinds Chapter 174 and adopts a new chapter in lieu of. The purpose of this chapter is to outline the use of electronic logbooks that track retail sales of pseudoephedrine as required by Iowa Code section 124.212A. This chapter also provides reporting requirements for assessment of civil penalties upon a retailer or employee of a retailer of products containing pseudoephedrine for a violation of Iowa Code section 126.23A or 124.212A.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on April 29, 2026, as ARC 0227D. A public hearing was held on the following date(s):

     ?   May 19, 2026

     ?   May 20, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on June 3, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 7—Chapter 2504.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on August 12, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 661—Chapter 174 and adopt the following new chapter in lieu thereof:

CHAPTER 174

RETAIL SALES OF PSEUDOEPHEDRINE

661—174.1(81GA,SF169) Electronic logbooks. A logbook of retail sales of products containing pseudoephedrine, as required in Iowa Code section 124.212A, may be recorded in any electronic format, provided that the retailer maintaining the logbook provides to any peace officer a printed copy of the information required to be maintained in the same manner as would be provided if the logbook were maintained on paper.

NOTE 1: Information required to be recorded in the logbook includes the legible signature of the purchaser and the printed name and address of the purchaser.

NOTE 2: This rule applies only to the content of the information provided to a peace officer from a logbook, not to the conditions or circumstances under which information from a logbook is provided to a peace officer.

661—174.2(81GA,SF169) Reporting of civil penalties. Pursuant to Iowa Code section 126.23B, within 30 days of the assessment of a civil penalty upon a retailer or employee of a retailer of products containing pseudoephedrine for a violation of the provisions of Iowa Code section 124.212A or 126.23A, the city or county that has enforced the civil penalty will report the following information to the department:

    1.   Name and address of the retailer.

    2.   Name and birth date of the employee, if the civil penalty was assessed against an employee. If the assessment was against more than one employee, the name and birth date of each employee subject to the assessment will be reported.

    3.   Date of the violation.

    4.   Description of the violation.

    5.   Amount of the civil penalty assessed.

These rules are intended to implement Iowa Code section 124.212B.

[Filed 6/12/26, effective 8/12/26]

[Published 7/8/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/8/26.