Okla. Admin. Code § 475:10-1-24 - Ephedra/mahuang exemption

Products meeting the following criteria are exempt from application of Sections 2-210, 2-322, and 2-402 of the Uniform Controlled Dangerous Substances Act [O.S. Title 63, §§2-210, 2-322, 2-402 ]:

(1) Dietary supplements containing naturally occurring ephedrine alkaloids, provided that all of the following conditions are met:

(A) the alkaloids are contained in an unadulterated naturally occurring organic material; and,

(B) the product contains no hydrochloride or sulfate salts of ephedrine alkaloids; and,

(C) the product contains, per dosage unit or serving, not more than 25 milligrams of ephedrine alkaloids; and,

(D) the product is packaged with a prominent label securely affixed to each package that states the amount in milligrams of ephedrine alkaloids in a serving or dosage unit; the amount of food product or dietary supplement that constitutes a serving or dosage unit; the maximum recommended dosage unit of ephedrine alkaloids for a healthy adult; and that improper use of the product may be hazardous to a person's health; and,

(E) the product is labeled and marketed as "ephedra" or "mahuang" and not as "ephedrine." It shall be acceptable to include descriptions of the ephedra alkaloids such as "contains 25 mg. of naturally occurring ephedrine alkaloids." And,

(2) In the course of selling, offering for sale, or otherwise distributing a product described in section 10-1-24 (A), a person shall not advertise or represent in any manner that the product causes euphoria, ecstasy, a "buzz", or "high", or an altered mental state, heightens sexual performance, or because it contains ephedrine alkaloids, increases muscle mass.

Notes

Okla. Admin. Code § 475:10-1-24

Added at 18 Ok Reg 2217, eff 6-11-01; Amended at 19 Ok Reg 1197, eff 5-13-02