Bill Text: MI SB0599 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health; pharmaceuticals; allowable amount of ephedrine and pseudoephedrine that may be sold at retail to an individual in a 30-day period; modify. Amends sec. 17766f of 1978 PA 368 (MCL 333.17766f). TIE BAR WITH: SB 0170'19
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-02-19 - Referred To Committee On Health Policy [SB0599 Detail]
Download: Michigan-2019-SB0599-Introduced.html
SENATE BILL NO. 599
October 24, 2019, Introduced by Senator MCBROOM
and referred to the Committee on Health Policy and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17766f (MCL 333.17766f), as amended by 2014 PA 275.
the people of the state of michigan enact:
Sec. 17766f. (1) A person who that possesses
products that contain any compound, mixture, or preparation containing any
detectable quantity of ephedrine or pseudoephedrine, a salt or optical isomer
of ephedrine or pseudoephedrine, or a salt of an optical isomer of ephedrine or
pseudoephedrine for retail sale under a license issued under the general sales
tax act, 1933 PA 167, MCL 205.51 to 205.78, shall not knowingly do any of the
following:
(a) Sell any product
described under this subsection to an individual under 18 years of age.
(b) Sell more than 3.6
grams of ephedrine or pseudoephedrine alone or in a mixture to any individual
on any single calendar day.
(c) Sell more than 9 7.2 grams of ephedrine or pseudoephedrine
alone or in a mixture to any individual within a 30-day period.
(d) Sell in a single
over-the-counter sale more than 2 personal convenience packages containing 2
tablets or capsules each of any product described under this subsection to any
individual.
(e) Sell any product
described under this subsection to an individual during the period in which a
stop sale alert is generated for that individual based upon on criminal history record information
provided under the methamphetamine abuse reporting act, 2014 PA 276, MCL 28.121 to 28.128. The NPLEx
system shall must contain an override function that
may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable
fear of imminent bodily harm if the dispenser does not complete a sale. Each
instance in which the override function is utilized shall used must be logged by the system.
(2) This section does not
apply to the following:
(a) A pediatric product
primarily intended for administration to children under 12 years of age
according to label instructions.
(b) A product containing
pseudoephedrine that is in a liquid form if pseudoephedrine is not the only
active ingredient.
(c) A product that the state Michigan board of pharmacy, upon
application of a manufacturer or certification by the United States drug enforcement administration Drug Enforcement Administration as
inconvertible, exempts from this section because the product has been formulated
in such a way as to effectively prevent the conversion of the active ingredient
into methamphetamine.
(d) A product that is
dispensed pursuant to a prescription.
(3) A person who that violates this section is responsible
for a state civil infraction as provided under chapter 88 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and may be
ordered to pay a civil fine of not more than $500.00 for each violation.
(4) It is an affirmative
defense to a citation issued under subsection (1)(a) that the defendant had in
force at the time of the citation and continues to have in force a written
policy for employees to prevent the sale of products that contain any compound,
mixture, or preparation containing any detectable quantity of ephedrine or
pseudoephedrine, a salt or optical isomer of ephedrine or pseudoephedrine, or a
salt of an optical isomer of ephedrine or pseudoephedrine to persons individuals under 18 years of age and
that the defendant enforced and continues to enforce the policy. A defendant
who proposes to offer evidence of the affirmative defense described in this
subsection shall file and serve notice of the defense, in writing, upon the
court and the prosecuting attorney. The notice shall must be
served not less than 14 days before the hearing date.
(5) A prosecuting
attorney who proposes to offer testimony to rebut the affirmative defense
described in subsection (4) shall file and serve a notice of rebuttal, in
writing, upon the court and the defendant. The notice shall must be
served not less than 7 days before the hearing date and shall must contain the name and address of each
rebuttal witness.
(6)
Notwithstanding any other provision of law, a city, township, village, county,
other local unit of government, or political subdivision of this state shall
not impose any new requirement or prohibition pertaining to the sale of a
product described under subsection (1) that is contrary to, or in any way
conflicting with, this section. This subsection does not invalidate or
otherwise restrict a requirement or prohibition described in this subsection
existing on December 15, 2005.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 170 of the 100th Legislature is enacted into law.
