senate Bill S4652B

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:
A1359C
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:S4652B

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 one the one hundred eightieth
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
________________________________________________________________________

                                 4652--B
    Cal. No. 603

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 17, 2013
                               ___________

Introduced  by Sens. VALESKY, DeFRANCISCO, GRIFFO, LIBOUS, O'MARA, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Consumer Protection -- recommitted to  the  Committee
  on  Consumer  Protection  in  accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, 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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08144-03-4

S. 4652--B                          2

  (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:
  (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. A PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER
THIS  SECTION,  ELECTRONICALLY  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 OR  IS  OTHERWISE
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.

S. 4652--B                          3

  (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
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 on the one hundred eightieth 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.

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.