Bill Text: PA HB710 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for authority to control, for liquefied ammonia gas, precursors and chemicals and for promulgation of regulations.

Sponsorship: Moderate Partisan Bill (Republican 19-6)

Status: (Engrossed - Dead) 2013-11-18 - Referred to JUDICIARY [HB710 Detail]

Download: Pennsylvania-2013-HB710-Introduced.html

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PRINTER'S NO. 802

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

710

Session of 2013

 

 

 

INTRODUCED BY BAKER, CORBIN, DIGIROLAMO, MICOZZIE, STERN, PICKETT, SWANGER, MILLARD, COHEN, BOBACK, MILLER, V. BROWN, KORTZ, GINGRICH, HESS, MOUL, GROVE, MURT, FABRIZIO AND DENLINGER, FEBRUARY 13, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 13, 2013

 

 

 

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
liquefied ammonia gas, precursors and chemicals and for
promulgation of regulations.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 13.1 of the act of April 14, 1972 
(P.L.233, No.64), known as The Controlled Substance, Drug, 
Device and Cosmetic Act, amended April 29, 2010 (P.L.182, 
No.21), is amended to read:

Section 13.1. Liquefied Ammonia Gas; Precursors and
Chemicals.--(a) The following acts are prohibited:

(1) Possessing or transporting liquefied ammonia gas:

(i) for any purpose other than legitimate agricultural or

industrial use; or

(ii) in a container not approved by the Department of
Agriculture or the Department of Transportation or both.

(2) Possessing or transporting liquefied ammonia gas with
intent to unlawfully manufacture a controlled substance.

(3) Possessing [red phosphorous, hypophosphoric acid,
ammonium sulfate, phosphorous, iodine, hydriodic acid,
ephedrine, pseudoephedrine, lithium, sodium, potassium,
sassafras oil, safrole oil or other oil containing safrole or
equivalent, whether in powder or liquid form,]
phenylpropanolamine, phenyl acetone, methylamine, ammonium 
sulfate, ammonium nitrate or phenyl acetic acid or a precursor 
substance with intent to unlawfully manufacture a controlled
substance.

(4) Possessing the esters, salts, optical isomers or salts
of optical isomers of any of the substances under clause (3)
with intent to manufacture a controlled substance.

(b) A person who violates subsection (a)(1) commits a
misdemeanor and upon conviction shall be sentenced to
imprisonment not exceeding five years and to pay a fine not
exceeding ten thousand dollars ($10,000).

(c) A person who violates subsection (a)(2) or (3) commits a
felony and upon conviction shall be sentenced to imprisonment
not exceeding seven years and to pay a fine not exceeding
fifteen thousand dollars ($15,000).

(d) As used in this section, the term "precursor substance"
means:

(1) red phosphorous, hypophosphoric acid, ammonium sulfate,
phosphorous, iodine, hydriodic acid or ephedrine,
pseudoephedrine, phenylpropanolamine or any of their salts or

optical isomers;

(2) salts of optical isomers or lithium, sodium, potassium,
sassafras oil or safrole oil or other oil containing safrole or
equivalent, whether in powder or liquid form; and

(3) any chemical in a regulation under section 35(b).

Section 2. Section 35 of the act is amended to read:

Section 35. Promulgation of Regulations.--(a) The secretary
shall have the authority to promulgate in accordance with the
provisions of this section and of the act of July 31, 1968
(P.L.769, No. 240), known as the "Commonwealth Documents Law"
any regulations hereinbefore referred to in this act and such
other regulations with the consent of the board regarding the
possession, distribution, sale, purchase or manufacture of
controlled substances, other drugs or devices or cosmetics as
may be necessary to aid in the enforcement of this act.

(b) The following apply to a regulation adding a chemical to
the definition of "precursor substance" in section 13.1(d):

(1) The secretary may promulgate the regulation:

(i) as part of the administration of this act; or

(ii) in response to a petition of an interested party.

(2) In determining whether to add a chemical, the secretary
shall consider all of the following:

(i) Whether the chemical is already a controlled substance.

(ii) The availability of the chemical for potential illegal
diversion.

(iii) The historical, actual or potential use of the
chemical in the illegal production of a controlled substance,
including the scope, duration and significance of use.

(iv) The nature and extent of the legitimate uses of the
chemical.

(v) The clandestine and legitimate importation, manufacture
or distribution of the chemical.

(vi) Any other factors relevant to and consistent with
public health and safety.

(3) Promulgation of the regulation is exempt from the act of
June 25, 1982 (P.L.633, No.181), known as the "Regulatory Review
Act."

Section 3. This act shall take effect in 60 days.