senate Bill S4652

Amended

Regulates the sale of methamphetamine precursor drugs

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 17 / Apr / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1349
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 07 / Feb / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 07 / Feb / 2014
    • PRINT NUMBER 4652A
  • 12 / May / 2014
    • 1ST REPORT CAL.603
  • 13 / May / 2014
    • 2ND REPORT CAL.
  • 14 / May / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • AMENDED ON THIRD READING 4652B
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CONSUMER AFFAIRS AND PROTECTION

Summary

Regulates the sale of methamphetamine precursor drugs.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1359A
Versions:
S4652
S4652A
S4652B
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง391-oo, Gen Bus L

Sponsor Memo

BILL NUMBER:S4652

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 implement an electronic tracking system on the sale of products
containing pseudoephedrine, or ephedrine. This system will communicate
in real time, across state lines and produce a stop sale notification
to the seller of the product.

SUMMARY OF SPECIFIC PROVISIONS:

Creates a new section in the general business law, Section 391-oo,
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;

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

-requires the buyer to sign a written or electronic 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 real-time, stop-sale system
administered by the division of state police

-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 real-time, stop-sale 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 an
electronic tracking system has already been implemented by 26 states.
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:

S.6866-B of 2012

FISCAL IMPLICATIONS:

None. The real-time, stop-sale system shall be free of charge to the
retailer.

This system is fully funded by the Consumer Healthcare Products
Association (CEPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicines and supplements.

EFFECTIVE:

This act shall take effect January 1, 2014. 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
________________________________________________________________________

                                  4652

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by Sens. VALESKY, DeFRANCISCO, GRIFFO, LIBOUS, YOUNG -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Consumer Protection

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:
  (A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR  PREPARATION  CONTAINING  EPHEDRINE  OR  PSEUDOEPHEDRINE  AS ITS SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
  (B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
  (A) IS INSTALLED, OPERATED, AND MAINTAINED FREE  OF  ANY  ONE-TIME  OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
  (B)  IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS OPERATED
IN OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED  BY
MORE THAN ONE STATE;
  (C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
  (D)  COMPLIES  WITH  INFORMATION  EXCHANGE  STANDARDS  ADOPTED  BY THE
NATIONAL INFORMATION EXCHANGE MODEL;
  (E) USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A  PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
VIOLATE  STATE  OR  FEDERAL  LAW  REGARDING  THE  PURCHASE  OF A PRODUCT
CONTAINING THOSE SUBSTANCES; AND
  (F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08144-01-3

S. 4652                             2

  (I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
  (II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND  A
PERSON  SHALL  NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY  DAY  PERIOD  OF
EPHEDRINE  OR  PSEUDOEPHEDRINE  BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF 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) REQUIRE ANY  PERSON  PURCHASING  A  NONPRESCRIPTION  PRODUCT  THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
  (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 PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
  4. BEGINNING JANUARY FIRST, TWO THOUSAND  FOURTEEN,  A  PERSON,  FIRM,
CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY COMPANY, OR
OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER THIS  SECTION,  ELEC-
TRONICALLY  SUBMIT  THE  REQUIRED INFORMATION TO THE REAL-TIME STOP SALE
SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE; PROVIDED  THAT  THE
SYSTEM  IS  AVAILABLE  WITHOUT  A CHARGE TO RETAILERS FOR ACCESS. ABSENT
NEGLIGENCE, 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  SECTION  AND
SHALL  BE  IMMUNE  FROM LIABILITY TO ANY THIRD PARTY UNLESS THE RETAILER
HAS VIOLATED ANY PROVISION OF  THIS  SECTION  IN  RELATION  TO  A  CLAIM
BROUGHT FOR SUCH VIOLATION.
  (A)  IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY  SELLING  A  NONPRESCRIPTION  PRODUCT
CONTAINING  PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC 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) THE REAL-TIME STOP SALE SYSTEM  SHALL  FORWARD  STATE  TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY  WEEKLY,  AND  PROVIDE  REAL-TIME  ACCESS  TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S 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 SELLER OR PURCHASER VIOLATING THE QUANTITY LIMITS  SET  FORTH  IN
THIS  SECTION.    THE  SELLER  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

S. 4652                             3

SALE.  EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
  5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
  (A)  THIS  SECTION  DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
  (B)  NOTHING  IN  THIS  SECTION  REQUIRES  THE  BUYER  TO   OBTAIN   A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
  6.  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.
  7.  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
  (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.
  8. 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.
  9.  THE  STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR  DRUGS  THAT  MEET
THE  REQUIREMENTS  OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
  10. 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 January 1, 2014. Effective immediate-
ly, 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.