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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY QUINN, BAKER, DiGIROLAMO, WATSON, CALTAGIRONE, COHEN, D. COSTA, P. COSTA, DeLUCA, GILLESPIE, GROVE, HORNAMAN, M. K. KELLER, KILLION, MALONEY, MANN, MICCARELLI, MILLARD, MILNE, MURT, PICKETT, ROSS, K. SMITH, STERN, SWANGER, RAPP, MILLER, HARPER AND GINGRICH, JUNE 19, 2012 |
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| REFERRED TO COMMITTEE ON HEALTH, JUNE 19, 2012 |
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| AN ACT |
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1 | Amending the act of April 14, 1972 (P.L.233, No.64), entitled |
2 | "An act relating to the manufacture, sale and possession of |
3 | controlled substances, other drugs, devices and cosmetics; |
4 | conferring powers on the courts and the secretary and |
5 | Department of Health, and a newly created Pennsylvania Drug, |
6 | Device and Cosmetic Board; establishing schedules of |
7 | controlled substances; providing penalties; requiring |
8 | registration of persons engaged in the drug trade and for the |
9 | revocation or suspension of certain licenses and |
10 | registrations; and repealing an act," further providing for |
11 | prohibited acts and penalties; and providing for ephedrine |
12 | and pseudoephedrine and electronic tracking. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Section 13(a)(40) and (c) of the act of April 14, |
16 | 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, |
17 | Device and Cosmetic Act, amended or added November 23, 2010 |
18 | (P.L.1081, No.107), are amended to read: |
19 | Section 13. Prohibited Acts; Penalties.--(a) The following |
20 | acts and the causing thereof within the Commonwealth are hereby |
21 | prohibited: |
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1 | * * * |
2 | (40) [The sale at retail of any product containing |
3 | ephedrine, pseudoephedrine, phenylpropanolamine, or any of their |
4 | salts, optical isomers or salts of optical isomers as the sole |
5 | active ingredient unless one of the following applies: |
6 | (i) The product is offered for sale behind a counter where |
7 | the public is not permitted. |
8 | (ii) The product is offered for sale within a locked cabinet |
9 | that is located in an area of the facility involved to which |
10 | customers do have direct access.] (Reserved). |
11 | * * * |
12 | (c) Any person who violates the provisions of clauses (21), |
13 | (22), (24)[, (39) and (40)] and (39) of subsection (a) shall be |
14 | guilty of a misdemeanor, and shall, on conviction thereof, be |
15 | punished only as follows: |
16 | (1) Upon conviction of the first such offense, he shall be |
17 | sentenced to imprisonment not exceeding six months, or to pay a |
18 | fine not exceeding ten thousand dollars ($10,000), or both. |
19 | (2) Upon conviction of the second and subsequent offense, he |
20 | shall be sentenced to imprisonment not exceeding two years, or |
21 | to pay a fine not exceeding twenty-five thousand dollars |
22 | ($25,000), or both. |
23 | * * * |
24 | Section 2. The act is amended by adding a section to read: |
25 | Section 13.6. Ephedrine and Pseudoephedrine; Electronic |
26 | Tracking.--(a) Retailers shall be limited from sales and an |
27 | individual shall be limited from purchases of ephedrine or |
28 | pseudoephedrine base, or their salts, isomers or salts of |
29 | isomers in the following amounts: |
30 | (1) 3.6 grams of ephedrine or pseudoephedrine base contained |
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1 | in a product or combination of products per day. |
2 | (2) 9 grams of ephedrine or pseudoephedrine base contained |
3 | in a product or combination of products per thirty-day period. |
4 | (b) Nonprescription products containing ephedrine or |
5 | pseudoephedrine shall be maintained behind the counter or in a |
6 | locked case where the customer does not have direct access. |
7 | (c) A retailer shall require any person purchasing a |
8 | nonprescription product that contains ephedrine or |
9 | pseudoephedrine to present a valid government-issued photo |
10 | identification at the point of sale. The retailer shall record |
11 | the following: |
12 | (1) Name and address of the purchaser. |
13 | (2) Name and quantity of product purchased. |
14 | (3) Date and time of purchase. |
15 | (4) Purchaser identification type and number, such as |
16 | driver's license state and number, and require the purchaser's |
17 | signature in a logbook. |
18 | (d) A retailer shall, before completing a sale under this |
19 | section, electronically submit the required information to the |
20 | National Precursor Log Exchange (NPLEx) administered by the |
21 | National Association of Drug Diversion Investigators (NADDI). |
22 | Absent wantonness, recklessness or deliberate misconduct, any |
23 | retailer using the electronic sales tracking system in |
24 | accordance with this subsection shall not be civilly liable as a |
25 | result of any act or omission in carrying out the duties |
26 | required by this subsection and shall be immune from liability |
27 | to any third party unless the retailer has violated any |
28 | provision of this subsection in relation to a claim brought for |
29 | such violation. |
30 | (e) If a retailer selling a nonprescription product |
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1 | containing ephedrine or pseudoephedrine experiences mechanical |
2 | or electronic failure of the electronic sales tracking system |
3 | and is unable to comply with the electronic sales tracking |
4 | requirement, the retailer shall maintain a written log or an |
5 | alternative electronic recordkeeping mechanism until such time |
6 | as the retailer is able to comply with the electronic sales |
7 | tracking requirement. |
8 | (f) NADDI shall forward State transaction records in the |
9 | NPLEx to the department weekly and provide real-time access to |
10 | the NPLEx information through the NPLEx online portal to law |
11 | enforcement in this Commonwealth as authorized by the |
12 | department. |
13 | (g) NPLEx shall be capable of generating a stop sale alert, |
14 | which shall be a notification that completion of the sale would |
15 | result in the seller or purchaser violating the quantity limits |
16 | set forth in this section. The seller shall not complete the |
17 | sale if the electronic system generates a stop sale alert. The |
18 | system shall contain an override function that may be used by a |
19 | retailer of ephedrine or pseudoephedrine who has a reasonable |
20 | fear of imminent bodily harm if it does not complete a sale. |
21 | Each instance in which the override function is used shall be |
22 | logged by the system. |
23 | (h) A violation of any provision of this section is a |
24 | misdemeanor, punishable by fine only. |
25 | (i) This section does not apply to a person who obtains the |
26 | product pursuant to a valid prescription. |
27 | (j) This section shall supersede any other laws or |
28 | regulations governing the sales of products containing ephedrine |
29 | or pseudoephedrine. |
30 | (k) If a retailer that sells a nonprescription product |
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1 | containing pseudoephedrine or ephedrine experiences mechanical |
2 | or electronic failure of the electronic sales tracking system |
3 | and is unable to comply with the electronic sales tracking |
4 | requirements of this section, the retailer must maintain a |
5 | written log or an alternative electronic recordkeeping mechanism |
6 | until the retailer is able to comply with the electronic |
7 | tracking system requirements. A retailer that does not have |
8 | Internet access to the electronic sales tracking system is |
9 | compliant with the requirements of this section if the retailer |
10 | maintains a written log or an alternative electronic |
11 | recordkeeping mechanism. |
12 | Section 3. This act shall take effect in 180 days. |
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