senate Bill S6866A

Amended

Relates to the sale of over-the-counter methamphetamine precursor drugs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Mar / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 23 / Apr / 2012
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 23 / Apr / 2012
    • PRINT NUMBER 6866A
  • 21 / May / 2012
    • 1ST REPORT CAL.848
  • 22 / May / 2012
    • 2ND REPORT CAL.
  • 23 / May / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING 6866B
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Relates to the sale of over-the-counter methamphetamine precursor drugs.

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Bill Details

Versions:
S6866
S6866A
S6866B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
General Business Law
Laws Affected:
Add ยง391-oo, Gen Bus L

Votes

9
0
9
Aye
0
Nay
0
aye with reservations
0
absent
1
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S6866A

TITLE OF BILL:
An act
to amend the general business law, in relation to the sale of
over-the-counter methamphetamine precursor drugs

PURPOSE OR GENERAL IDEA OF BILL:
To limit the sale of cold medicine containing pseudoephedrine to
behind the counter, limit the amount of pseudoephedrine that an
individual can purchase each month, and require that an individual
present photo identification to purchase products containing
pseudoephedrine.

SUMMARY OF SPECIFIC PROVISIONS:
Creates a new section in the general business law, Section 391-00,
including but not limited to, the following provisions:

- limits the over the counter sale to packages containing not more
than 3.6 grams of one or more methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;

- mandates that all packages of drugs be displayed behind a checkout
counter and only be sold by a licensed pharmacist, registered
pharmacy technician, or pharmacy clerk;

- requires presentation of valid, government issued, photo
identification;

- requires the buyer to sign a written logbook to be retained by the
seller, which the seller shall maintain for at least three years and
be open to inspection by law enforcement;

- beginning January 1, 2013, a retailer shall, before completing a
sale, electronically submit the required information to the National
Precursor Log Exchange (NPLEx) administered by the National
Association of Drug Diversion Investigators (NADDI), except that such
requirement does not apply to any purchase by an individual of a
single sales package if that package contains not more than 60
milligrams of pseudoephedrine;

-retailers are only required to participate as long as the system is
provided free of charge;

-imposes civil penalties on those who sell methamphetamine precursor
drugs in violation of this law;

-provides immunity for retailers that violate this section without
wantonness, recklessness, or deliberate misconduct;

-the NPLEx system is capable of generating a stop sale alert, which is
a notification that completion of the sale would result in the
retailer or
purchaser violating the quantity limits set forth in this section. The
retailer shall not complete the sale if the system generates a stop
sale alert, unless threatened by imminent bodily harm.

JUSTIFICATION:
In 2005, the federal government enacted the Combat Methamphetamine
Epidemic Act of 2005 (CMEA), which regulates retail over-the-counter
sales of ephedrine, pseudoephedrine, and phenylpropanolamine products
because of their use in the manufacture of illegal drugs,
specifically methamphetamine. They are also common ingredients used
to make cough, cold, and allergy products. Retail provisions of the
CMEA include daily sales limits and 30-day purchase limits, placement
of product out of direct customer access, sales logbooks, customer ID
verification, employee training, and self-certification of regulated
sellers. Such legislation is necessary because it is common for
persons manufacturing methamphetamine to recruit other people to
purchase these precursors.
While the CMEA has been helpful to law enforcement when investigating
persons suspected of manufacturing methamphetamine, because no such
provisions exist in state law, local law enforcement and district
attorney's offices cannot pursue violations of purchase limits.

States have led the effort to address the rapid growth of clandestine
methamphetamine labs and methamphetamine abuse, by passing laws
similar to the CMEA regulating the sale of drugs containing
methamphetamine precursors. In fact, nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New York's
laws regarding methamphetamine are found in the penal code, but such
provisions are limited to possession of precursors and manufacturing
materials and actual methamphetamine production. As almost every
other state has done, this bill codifies many of the same standards
found in the CMEA, in an effort to thwart the "spider-web" process
that occurs when methamphetamine manufacturers send multiple people
out to purchase precursors on their behalf. Furthermore,
participation in the NLPEx system has already been implemented by 16
states and will likely reach 25 by the end of this year. The U.S.
Department of Justice claims that states that have enacted similar or
more restrictive retail regulations have seen a dramatic drop in
small clandestine labs.

PRIOR LEGISLATIVE HISTORY:
This is a new Bill.

FISCAL IMPLICATIONS:
None. The NPLEx system is fully funded by the Consumer Healthcare
Products Association (CHPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicine and supplements.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition,
amendment, and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date is authorized to be
made on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6866--A

                            I N  S E N A T E

                             March 30, 2012
                               ___________

Introduced  by  Sens.  VALESKY,  LIBOUS, O'MARA, YOUNG -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  Protection  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  over-the-counter methamphetamine precursor drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   The general business law  is  amended  by  adding  a  new
section 391-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF   THIS  SECTION  "METHAMPHETAMINE  PRECURSOR  DRUG"  SHALL  MEAN  ANY
COMPOUND, MIXTURE, OR PREPARATION CONTAINING EPHEDRINE  OR  PSEUDOEPHED-
RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
TER SALE MORE THAN 3.6 GRAMS PER DAY OR MORE THAN NINE GRAMS PER  THIRTY
DAY  PERIOD  OF EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR SALTS, ISOM-
ERS, OR SALTS OF ISOMERS. THE LIMITS SHALL APPLY TO THE TOTAL AMOUNT  OF
BASE  EPHEDRINE  AND  PSEUDOEPHEDRINE CONTAINED IN THE PRODUCTS, AND NOT
THE OVERALL WEIGHT OF THE PRODUCTS.
  3. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL  PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE  WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,  OR  OTHER  ENTITY
SHALL:
  (A)  ENSURE  THAT  THE  PERSON  MAKING  THE SALE REQUIRES THE BUYER TO
PROVIDE VALID GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION SHOWING  THE
BUYER'S DATE OF BIRTH; AND
  (B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-19-2

S. 6866--A                          2

TYPE  AND  NUMBER,  SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
THE BUYER'S SIGNATURE IN A PAPER OR ELECTRONIC LOGBOOK.
  4.  A  DOCUMENT  DESCRIBED UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION
THREE OF THIS SECTION SHALL BE RETAINED BY  THE  SELLING  PERSON,  FIRM,
CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY COMPANY, OR
OTHER ENTITY FOR AT LEAST THREE YEARS AND MUST AT ALL  REASONABLE  TIMES
BE OPEN TO THE INSPECTION OF ANY LAW ENFORCEMENT AGENCY.
  5.  PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE FOR ACCESS-
ING IT, BEGINNING JANUARY  FIRST,  TWO  THOUSAND  THIRTEEN,  A  RETAILER
SHALL,  BEFORE  COMPLETING  A  SALE  UNDER  THIS SECTION, ELECTRONICALLY
SUBMIT THE REQUIRED INFORMATION TO THE NATIONAL PRECURSOR  LOG  EXCHANGE
(NPLEX)  ADMINISTERED  BY  THE  NATIONAL  ASSOCIATION  OF DRUG DIVERSION
INVESTIGATORS (NADDI). ABSENT WANTONNESS,  RECKLESSNESS,  OR  DELIBERATE
MISCONDUCT,  ANY RETAILER UTILIZING THE ELECTRONIC SALES TRACKING SYSTEM
IN ACCORDANCE WITH THIS SUBDIVISION SHALL NOT BE  CIVILLY  LIABLE  AS  A
RESULT  OF  ANY  ACT  OR OMISSION IN CARRYING OUT THE DUTIES REQUIRED BY
THIS SUBDIVISION AND SHALL BE IMMUNE FROM LIABILITY TO ANY  THIRD  PARTY
UNLESS  THE  RETAILER  HAS VIOLATED ANY PROVISION OF THIS SUBDIVISION IN
RELATION TO A CLAIM BROUGHT FOR SUCH VIOLATION.
  (A) IF A RETAILER SELLING A NONPRESCRIPTION PRODUCT  CONTAINING  PSEU-
DOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELECTRONIC FAILURE OF
THE  ELECTRONIC  SALES  TRACKING SYSTEM AND IS UNABLE TO COMPLY WITH THE
ELECTRONIC SALES TRACKING REQUIREMENT, THE  RETAILER  SHALL  MAINTAIN  A
WRITTEN  LOG  OR AN ALTERNATIVE ELECTRONIC RECORDKEEPING MECHANISM UNTIL
SUCH TIME AS THE RETAILER IS ABLE TO COMPLY WITH  THE  ELECTRONIC  SALES
TRACKING REQUIREMENT.
  (B)  NADDI  SHALL  FORWARD  STATE  TRANSACTION RECORDS IN NPLEX TO THE
APPROPRIATE STATE AGENCY WEEKLY, AND PROVIDE REAL-TIME ACCESS  TO  NPLEX
INFORMATION  THROUGH  THE  NPLEX ONLINE PORTAL TO LAW ENFORCEMENT IN THE
STATE AS AUTHORIZED BY THE AGENCY.
  (C) THIS SYSTEM SHALL BE CAPABLE OF  GENERATING  A  STOP  SALE  ALERT,
WHICH  SHALL  BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE RETAILER OR PURCHASER VIOLATING THE QUANTITY LIMITS SET FORTH  IN
THIS  SECTION.  THE  RETAILER  SHALL NOT COMPLETE THE SALE IF THE SYSTEM
GENERATES A STOP SALE ALERT. THE SYSTEM SHALL CONTAIN AN OVERRIDE  FUNC-
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS  A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE A
SALE.  EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
  6. NOTHING IN THIS SECTION REQUIRES THE BUYER TO OBTAIN A PRESCRIPTION
FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
  7. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY,  OR  OTHER ENTITY WHO KNOWINGLY VIOLATES SUBDIVISION
TWO, THREE, FOUR OR FIVE OF THIS  SECTION  SHALL,  FOR  THE  FIRST  SUCH
VIOLATION,  BE  SUBJECT  TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
  8. AN OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY  BUSINESS  ENTITY
THAT  OFFERS  FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE EMPLOYEE OR
AGENT IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO,  THREE,
FOUR  OR  FIVE  OF THIS SECTION IS NOT SUBJECT TO THE CIVIL PENALTIES OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
  (A) DID NOT HAVE PRIOR KNOWLEDGE OF, PARTICIPATE  IN,  OR  DIRECT  THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND

S. 6866--A                          3

  (B)  DOCUMENTS  THAT  AN  EMPLOYEE  TRAINING  PROGRAM  WAS IN PLACE TO
PROVIDE THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND  FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
  9.  ANY  PERSON  EMPLOYED  BY ANY BUSINESS ENTITY THAT OFFERS FOR SALE
METHAMPHETAMINE PRECURSOR DRUGS WHO SELLS SUCH A DRUG TO ANY PERSON IN A
SUSPICIOUS TRANSACTION SHALL REPORT THE TRANSACTION TO THE OWNER, SUPER-
VISOR, OR MANAGER OF SUCH ENTITY. THE OWNER, SUPERVISOR, OR MANAGER  MAY
REPORT  THE  TRANSACTION  TO LOCAL LAW ENFORCEMENT. A PERSON WHO REPORTS
INFORMATION UNDER THIS SUBDIVISION IN GOOD FAITH IS  IMMUNE  FROM  CIVIL
LIABILITY RELATING TO THE REPORT.
  10. THIS SECTION DOES NOT APPLY TO:
  (A)  METHAMPHETAMINE  PRECURSOR  DRUGS CERTIFIED BY THE STATE BOARD OF
PHARMACY AS BEING MANUFACTURED IN A MANNER THAT PREVENTS THE  DRUG  FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
  (B)  METHAMPHETAMINE  PRECURSOR  DRUGS  OBTAINED  PURSUANT  TO A VALID
PRESCRIPTION.
  11. THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH  THE  DEPARTMENT
OF  PUBLIC  SAFETY,  SHALL  CERTIFY METHAMPHETAMINE PRECURSOR DRUGS THAT
MEET THE REQUIREMENTS OF  PARAGRAPH  (B)  OF  SUBDIVISION  TEN  OF  THIS
SECTION AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
  12.  THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS GOVERN-
ING THE SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS  CONTAINING  EPHED-
RINE  OR  PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION ARE VOID.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment,  and/or  repeal of any rule or regulation necessary for the imple-
mentation of this act on its effective date is authorized to be made  on
or before such date.

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