Bill Text: NJ A2221 | 2012-2013 | Regular Session | Introduced


Bill Title: Requires electronic recording of purchases of over-the-counter drugs used to manufacture methamphetamine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-02 - Introduced, Referred to Assembly Health and Senior Services Committee [A2221 Detail]

Download: New_Jersey-2012-A2221-Introduced.html

ASSEMBLY, No. 2221

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 2, 2012

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

 

 

 

 

SYNOPSIS

     Requires electronic recording of purchases of over-the-counter drugs used to manufacture methamphetamine.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning electronic recording of purchases of certain over-the-counter drugs and supplementing Title 24 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this act:

     "Drug" means a drug as defined in R.S.24:1-1.

     "Electronic Logbook" means an electronic list as used in 21 U.S.C. s.830.

     "Mobile retail vendor" means a mobile retail vendor as defined in 21 U.S.C. s.801.

     "Regulated seller" means a regulated seller as defined in 21 U.S.C. s.801.

     b.    A mobile retail vendor or regulated seller as defined in this act shall maintain an electronic logbook for sales of over-the-counter drug products that contain ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, optical isomers or salts of optical isomers as one of its active ingredients.

     c.     The electronic logbook shall identify the product sold by name, the quantity sold, the names and addresses of purchasers, and the dates and times of the sales, except that such requirement does not apply to any purchase by an individual of a single sales package if that package contains 60 milligrams or less of pseudoephedrine.

     d.    The electronic logbook shall include a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchasers to criminal penalties under section 1001 of Title 18, United States Code, which notice specifies the maximum fine and term of imprisonment.

     e.     The mobile retail vendor or regulated seller shall maintain each entry in the electronic logbook for not fewer than two years after the date on which the entry is made in accordance with federal law.

     f.     A mobile retail vendor or regulated seller may apply to the Commissioner of Health and Senior Services for an exemption from the provisions of this act if the mobile retail vendor or regulated seller can demonstrate to the satisfaction of the commissioner that the establishment and maintenance of an electronic logbook would create an unreasonable hardship for the mobile retail vendor or regulated seller.

 

     2.    This act shall take effect on the first day of the fourth month following the date of enactment.


STATEMENT

 

      The federal "Combat Methamphetamine Epidemic Act of 2005" requires mobile retail vendors and regulated sellers to maintain a written or electronic list of all sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.  Under federal law, the list must include the identification of the product by name, the quantity sold, the names and addresses of purchasers, and the dates and times of the sales. The written or electronic logbook entry requirement does not apply to any purchase by an individual of a single sales package if that package contains 60 milligrams or less of pseudoephedrine.

      This bill requires all mobile retail vendors or regulated sellers to maintain the required information in an electronic logbook.  Similar to the federal law, the logbook entry requirement does not apply to any purchase by an individual of a single sales package if that package contains 60 milligrams or less of pseudoephedrine.  The mobile retail vendor or regulated seller shall maintain each entry in the electronic logbook for not fewer than two years after the date on which the entry is made in accordance with federal law.

      A mobile retail vendor or regulated seller may apply to the Commissioner of Health and Senior Services for an exemption from the provisions of this act if the mobile retail vendor or regulated seller can demonstrate to the satisfaction of the commissioner that the establishment and maintenance of an electronic logbook would create an unreasonable hardship for the mobile retail vendor or regulated seller.

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