Bill Text: PA HB196 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for prohibited acts and penalties.

Spectrum: Moderate Partisan Bill (Republican 44-12)

Status: (Passed) 2010-11-23 - Act No. 107 [HB196 Detail]

Download: Pennsylvania-2009-HB196-Introduced.html

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PRINTER'S NO. 195
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 196 Session of2009
INTRODUCED BY BAKER, MARSICO, PICKETT, DiGIROLAMO, CAUSER, BOYD, BRENNAN, BROOKS, CALTAGIRONE, CLYMER, CREIGHTON, DALLY, DENLINGER, J. EVANS, FLECK, GEIST, GINGRICH, HENNESSEY, KORTZ, MAJOR, MELIO, MENSCH, MILLARD, MOUL, O'NEILL, PETRARCA, QUINN, RAPP, ROCK, SCAVELLO, SIPTROTH, SWANGER, R. TAYLOR, TRUE, VEREB, WATSON, YOUNGBLOOD, HICKERNELL, VULAKOVICH, M. KELLER, BEAR AND KILLION, FEBRUARY 2, 2009
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2009
AN ACT
Amending the act of April 14, 1972 (P.L.233, No.64), entitled
"An act relating to the manufacture, sale and possession of
controlled substances, other drugs, devices and cosmetics;
conferring powers on the courts and the secretary and
Department of Health, and a newly created Pennsylvania Drug,
Device and Cosmetic Board; establishing schedules of
controlled substances; providing penalties; requiring
registration of persons engaged in the drug trade and for the
revocation or suspension of certain licenses and
registrations; and repealing an act," further providing for
prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13(c) of the act of April 14, 1972 (P.L.
233, No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, amended December 14, 1984 (P.L.988, No.200), is
amended and subsection (a) is amended by adding a clause to
read:
Section 13. Prohibited Acts; Penalties.--(a) The following
acts and the causing thereof within the Commonwealth are hereby
prohibited:
* * *
(39) The sale at retail of any product containing ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts,
optical isomers or salts of optical isomers as the sole active
ingredient unless one of the following applies:
(i) The product is offered for sale behind a counter where
the public is not permitted.
(ii) The product is offered for sale within a locked cabinet
that is located in an area of the facility involved to which
customers do have direct access.
* * *
(c) Any person who violates the provisions of clauses (21),
(22) [and (24)], (24) and (39) of subsection (a) shall be guilty
of a misdemeanor, and shall, on conviction thereof, be punished
only as follows:
(1) Upon conviction of the first such offense, he shall be
sentenced to imprisonment not exceeding six months, or to pay a
fine not exceeding ten thousand dollars ($10,000), or both.
(2) Upon conviction of the second and subsequent offense, he
shall be sentenced to imprisonment not exceeding two years, or
to pay a fine not exceeding twenty-five thousand dollars
($25,000), or both.
* * *
Section 2. This act shall take effect in 60 days.
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