23.12.807    FAILURE TO COMPLY

(1) A retail establishment's failure to comply with the Montana Code Annotated or administrative rules governing the sale of products containing ephedrine and pseudoephedrine may result in a warning or in decertification.

(2) A notice of warning or decertification will be provided in writing by the department to the retail establishment.

(3) If a retail establishment fails to correct the noted area of noncompliance after receiving a warning from the department, the department may issue a notice of decertification.

(4) Challenges to decertification will be considered in accordance with the provisions of the Montana Administrative Procedure Act.

(5) The penalties of this provision are in addition to the criminal penalties set forth in the Montana Code Annotated.


History: 50-32-502, MCA; IMP, 50-32-502, MCA; NEW, 2005 MAR p. 1782, Eff. 9/23/05; TRANS, from ARM 23.10.207, 2008 MAR p. 1468, Eff. 7/18/08.