Section 230.16 - Real-Time Electronic Logging System(a) Before completing an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business establishment that engages in those sales shall transmit the information in the record made under § 230.15(a)(2) of this title (relating to Records) to a real-time electronic logging system.(b) Except as provided by subsection (c) of this section, a business establishment may not complete an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine if the real-time electronic logging system returns a report that the completion of the sale would result in the person obtaining an amount of ephedrine, pseudoephedrine, norpseudoephedrine, or a combination of those substances greater than the amount described by § 230.15(b) of this title, regardless of whether all or some of the products previously obtained by the buyer were sold at the establishment or another business establishment.(c) An employee of a business establishment may complete a sale prohibited by subsection (b) of this section by using the override mechanism described by § 230.11(b)(7)(F) of this title (relating to General Provisions) only if the employee has a reasonable fear of imminent bodily injury or death from the person attempting to obtain ephedrine, pseudoephedrine, or norpseudoephedrine.(d) On request of the Department of Public Safety, the administrators of a real-time electronic logging system shall make available to the Department of Public Safety a copy of each record of an over-the-counter sale of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine that is submitted by a business establishment located in this state.(e) On application by a business establishment that engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine in accordance with this subchapter, the department may grant that business establishment a temporary exemption, not to exceed 180 days, from the requirement of using a real-time electronic logging system under this subchapter.(f) A business establishment granted a temporary exemption under this section must keep records of sales in the same manner required under subsection (h) of this section for a business establishment that experiences a mechanical or electronic failure of the real-time electronic logging system.(g) An exemption granted under this section does not relieve a business establishment of any duty under this subchapter other than the duty to use a real-time electronic logging system.(h) If a business establishment that engages in over-the-counter sales of a product containing ephedrine, pseudoephedrine, or norpseudoephedrine experiences a mechanical or electronic failure of the real-time electronic logging system, the business shall: (1) maintain a written record or an electronic record made by any means that satisfies the requirements of § 230.15(a)(2) of this title; and(2) enter the information in the real-time electronic logging system as soon as practicable after the system becomes operational.(i) The administrators of a real-time electronic logging system must comply with Health and Safety Code, § 486.0144 (relating to Online Portal), which requires providing real-time access to the information in the system to the Department of Public Safety if the Department of Public Safety executes a memorandum of understanding with the administrators.25 Tex. Admin. Code § 230.16
The provisions of this §230.16 adopted to be effective October 11, 2012, 37 TexReg 8032; Amended by Texas Register, Volume 43, Number 22, June 1, 2018, TexReg 3595, eff. 6/7/2018