Bill Text: HI SB40 | 2011 | Regular Session | Amended
Bill Title: Pseudoephedrine; Tracking
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Vetoed) 2011-07-12 - (S) Vetoed on 07-12-11 - Returned from the Governor without approval (Gov. Msg. No. 1347). [SB40 Detail]
Download: Hawaii-2011-SB40-Amended.html
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THE SENATE |
S.B. NO. |
40 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO PSEUDOEPHEDRINE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329- Pseudoephedrine; electronic tracking. (a) A retailer shall not sell to the same person, and a person shall not purchase products containing more than 3.6 grams per day or more than 9 grams per thirty-day period of pseudoephedrine base, or their salts, isomers, or salts of isomers. The limits shall apply to the total amount of base pseudoephedrine contained in the products, and not the overall weight of the products.
(b) Nonprescription products containing pseudoephedrine shall be maintained behind the counter or in a locked case where the customer does not have direct access.
(c) Every retailer shall require any person purchasing a nonprescription product that contains pseudoephedrine to present a valid government issued photo identification at the point of sale. The retailer shall record the following:
(1) Name and address of the purchaser;
(2) Name and quantity of product purchased;
(3) Date and time of purchase; and
(4) Purchaser identification type and number, such as driver license state and number, and require the purchaser's signature in a logbook.
(d) Beginning January 1, 2012, a retailer shall, before completing a sale under this section, electronically submit the required information to the Exchange administered by NADDI. Absent negligence, wantonness, recklessness, or deliberate misconduct, any retailer using the electronic sales tracking system in accordance with this subsection shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection, and shall be immune from liability to any third party unless the retailer has violated any provision of this subsection in relation to a claim brought for such violation.
(e) If a retailer selling a nonprescription product containing pseudoephedrine experiences mechanical or electronic failure of the electronic sales tracking system and is 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.
(f) NADDI shall forward state transaction records in the Exchange to the appropriate state agency weekly, and provide real-time access to the Exchange information through the online Exchange portal to law enforcement in the State as authorized by the agency.
(g) A stop sale alert 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 electronic salestracking system generates a stop sale alert. The system shall contain an override function that may be used by a retailer of pseudoephedrine who has a reasonable fear of imminent bodily harm if it does not complete a sale. Each instance in which the override function is used shall be logged by the system.
(h) A violation of any provision of this section is a misdemeanor, punishable by fine only. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).
(i) This section shall not apply to a person who obtains the product pursuant to a valid prescription.
(j) For purposes of this section:
"Exchange" means the National Precursor Log Exchange.
"NADDI" means the National Association of Drug Diversion Investigators."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Pseudoephedrine; Tracking
Description:
Establishes an electronic tracking system for the sale of pseudoephedrine. Effective July 1, 2050. (SB40 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
