A business establishment that engages in over-the-counter sales of products containing ephedrine, pseudoephedrine, or norpseudoephedrine shall:

1. (1) if the establishment operates a pharmacy licensed by the Texas State Board of Pharmacy, maintain those products:

   1. (A) behind the pharmacy counter; or
   2. (B) in a locked case within 30 feet and in a direct line of sight from a pharmacy counter staffed by an employee of the establishment; or

2. (2) if the establishment does not operate a pharmacy licensed by the Texas State Board of Pharmacy, maintain those products:

   1. (A) behind a sales counter; or
   2. (B) in a locked case within 30 feet and in a direct line of sight from a sales counter continuously staffed by an employee of the establishment.

Added by Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 9, eff. August 1, 2005.