senate Bill S6866B

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

See Assembly Version of this Bill:
A8384C
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

Sponsor Memo

BILL NUMBER:S6866B

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;

- requires a retailer, before completing a sale, to electronically
submit the required information to the National Precursor Log
Exchange (NPLEx) administered by the National Association of Drug
Diversion Investigators (NADDI;

-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
negligence, 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--B
    Cal. No. 848

                            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  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11064-25-2

S. 6866--B                          2

  (B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
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 ON THE ONE HUNDRED TWENTIETH DAY  AFTER  THIS  SECTION
SHALL  HAVE  BECOME  A  LAW,  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 NEGLIGENCE,
WANTONNESS, RECKLESSNESS, OR DELIBERATE MISCONDUCT, ANY RETAILER UTILIZ-
ING THE ELECTRONIC SALES TRACKING SYSTEM IN ACCORDANCE WITH THIS  SUBDI-
VISION 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:

S. 6866--B                          3

  (A)  DID  NOT  HAVE  PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
  (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. 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.
  10. 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  NINE  OF  THIS
SECTION AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
  11.  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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