Bill Text: NY A08384 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the sale of over-the-counter methamphetamine precursor drugs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-06-11 - print number 8384c [A08384 Detail]
Download: New_York-2011-A08384-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8384
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. CYMBROWITZ -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the sale of
over-the-counter methamphetamine precursor drugs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new
2 section 391-oo to read as follows:
3 S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
4 OF THIS SECTION "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY
5 COMPOUND, MIXTURE, OR PREPARATION CONTAINING EPHEDRINE OR PSEUDOEPHED-
6 RINE AS ITS SOLE ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS.
7 2. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
8 LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL IN A SINGLE OVER-THE-COUN-
9 TER SALE MORE THAN 3.6 GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY
10 DAY PERIOD OF EPHEDRINE OR PSEUDOEPHEDRINE BASE, OR THEIR SALTS, ISOM-
11 ERS, OR SALTS OF ISOMERS. THE LIMITS SHALL APPLY TO THE TOTAL AMOUNT OF
12 BASE EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED IN THE PRODUCTS, AND NOT
13 THE OVERALL WEIGHT OF THE PRODUCTS.
14 3. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
15 LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE METHAMPHETAMINE
16 PRECURSOR DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
17 AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
18 CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM, CORPORATION,
19 PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY
20 SHALL:
21 (A) ENSURE THAT THE PERSON MAKING THE SALE REQUIRES THE BUYER TO
22 PROVIDE VALID GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION SHOWING THE
23 BUYER'S DATE OF BIRTH; AND
24 (B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
25 PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11064-10-1
A. 8384 2
1 TYPE AND NUMBER, SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
2 THE BUYER'S SIGNATURE IN A LOGBOOK, EXCEPT THAT SUCH REQUIREMENT DOES
3 NOT APPLY TO ANY PURCHASE BY AN INDIVIDUAL OF A SINGLE SALES PACKAGE IF
4 THAT PACKAGE CONTAINS NOT MORE THAN SIXTY MILLIGRAMS OF PSEUDOEPHEDRINE.
5 4. A DOCUMENT DESCRIBED UNDER PARAGRAPHS (A) AND (B) OF SUBDIVISION
6 THREE OF THIS SECTION SHALL BE RETAINED BY THE SELLING PERSON, FIRM,
7 CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR
8 OTHER ENTITY FOR AT LEAST THREE YEARS AND MUST AT ALL REASONABLE TIMES
9 BE OPEN TO THE INSPECTION OF ANY LAW ENFORCEMENT AGENCY.
10 5. PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE FOR ACCESS-
11 ING IT, BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, A RETAILER SHALL,
12 BEFORE COMPLETING A SALE UNDER THIS SECTION, ELECTRONICALLY SUBMIT THE
13 REQUIRED INFORMATION TO THE NATIONAL PRECURSOR LOG EXCHANGE (NPLEX)
14 ADMINISTERED BY THE NATIONAL ASSOCIATION OF DRUG DIVERSION INVESTIGATORS
15 (NADDI), EXCEPT THAT SUCH REQUIREMENT DOES NOT APPLY TO ANY PURCHASE BY
16 AN INDIVIDUAL OF A SINGLE SALES PACKAGE IF THAT PACKAGE CONTAINS NOT
17 MORE THAN SIXTY MILLIGRAMS OF PSEUDOEPHEDRINE. ABSENT NEGLIGENCE,
18 WANTONNESS, RECKLESSNESS, OR DELIBERATE MISCONDUCT, ANY RETAILER UTILIZ-
19 ING THE ELECTRONIC SALES TRACKING SYSTEM IN ACCORDANCE WITH THIS SUBDI-
20 VISION SHALL NOT BE CIVILLY LIABLE AS A RESULT OF ANY ACT OR OMISSION IN
21 CARRYING OUT THE DUTIES REQUIRED BY THIS SUBDIVISION AND SHALL BE IMMUNE
22 FROM LIABILITY TO ANY THIRD PARTY UNLESS THE RETAILER HAS VIOLATED ANY
23 PROVISION OF THIS SUBDIVISION IN RELATION TO A CLAIM BROUGHT FOR SUCH
24 VIOLATION.
25 (A) IF A RETAILER SELLING A NONPRESCRIPTION PRODUCT CONTAINING PSEU-
26 DOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELECTRONIC FAILURE OF
27 THE ELECTRONIC SALES TRACKING SYSTEM AND IS UNABLE TO COMPLY WITH THE
28 ELECTRONIC SALES TRACKING REQUIREMENT, THE RETAILER SHALL MAINTAIN A
29 WRITTEN LOG OR AN ALTERNATIVE ELECTRONIC RECORDKEEPING MECHANISM UNTIL
30 SUCH TIME AS THE RETAILER IS ABLE TO COMPLY WITH THE ELECTRONIC SALES
31 TRACKING REQUIREMENT.
32 (B) NADDI SHALL FORWARD STATE TRANSACTION RECORDS IN NPLEX TO THE
33 APPROPRIATE STATE AGENCY WEEKLY, AND PROVIDE REAL-TIME ACCESS TO NPLEX
34 INFORMATION THROUGH THE NPLEX ONLINE PORTAL TO LAW ENFORCEMENT IN THE
35 STATE AS AUTHORIZED BY THE AGENCY.
36 (C) THIS SYSTEM SHALL BE CAPABLE OF GENERATING A STOP SALE ALERT,
37 WHICH SHALL BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
38 IN THE RETAILER OR PURCHASER VIOLATING THE QUANTITY LIMITS SET FORTH IN
39 THIS SECTION. THE RETAILER SHALL NOT COMPLETE THE SALE IF THE SYSTEM
40 GENERATES A STOP SALE ALERT. THE SYSTEM SHALL CONTAIN AN OVERRIDE FUNC-
41 TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
42 HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE A
43 SALE. EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
44 LOGGED BY THE SYSTEM.
45 (D) A RETAILER SELLING A METHAMPHETAMINE PRECURSOR DRUG MAY SEEK AN
46 EXEMPTION FROM SUBMITTING TRANSACTIONS TO THE SYSTEM IN WRITING TO THE
47 STATE BOARD OF PHARMACY STATING THE REASONS THEREFORE. THE BOARD OF
48 PHARMACY MAY GRANT AN EXEMPTION FOR GOOD CAUSE SHOWN, BUT IN NO EVENT
49 SHALL SUCH EXEMPTION EXCEED ONE HUNDRED EIGHTY DAYS. ANY RETAILER THAT
50 RECEIVES AN EXEMPTION SHALL MAINTAIN A HARDCOPY LOGBOOK AND MUST STILL
51 REQUIRE THE PURCHASER TO PROVIDE THE INFORMATION REQUIRED UNDER THIS
52 SECTION BEFORE COMPLETION OF ANY SALE. THE LOGBOOK SHALL BE MAINTAINED
53 AS A RECORD OF EACH SALE FOR INSPECTION BY ANY LAW ENFORCEMENT OFFICER
54 OR INSPECTOR OF THE BOARD OF PHARMACY DURING NORMAL BUSINESS HOURS.
55 (E) A RETAILER IS EXEMPT FROM THE REQUIREMENT THAT IT TRANSMIT ELEC-
56 TRONIC TRANSACTION RECORDS AS DESCRIBED UNDER THIS SUBDIVISION IF THE
A. 8384 3
1 RETAILER SUBMITS A REQUEST TO THE BOARD OF PHARMACY FOR SUCH AN
2 EXEMPTION AND THE RETAILER HAS NOT SOLD MORE THAN TWENTY METHAMPHETAMINE
3 PRECURSOR DRUG PRODUCTS IN ANY SEVEN DAY PERIOD DURING THE SIXTY DAY
4 PERIOD PRECEDING THE DATE THE WRITTEN REQUEST IS TRANSMITTED.
5 6. NOTHING IN THIS SECTION REQUIRES THE BUYER TO OBTAIN A PRESCRIPTION
6 FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
7 7. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
8 LIABILITY COMPANY, OR OTHER ENTITY WHO KNOWINGLY VIOLATES SUBDIVISION
9 TWO, THREE, FOUR OR FIVE OF THIS SECTION SHALL, FOR THE FIRST SUCH
10 VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED
11 DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVERABLE IN
12 AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR
13 POLITICAL SUBDIVISION.
14 8. AN OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
15 THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE EMPLOYEE OR
16 AGENT IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
17 FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE CIVIL PENALTIES OR
18 CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
19 (A) DID NOT HAVE PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
20 EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
21 (B) DOCUMENTS THAT AN EMPLOYEE TRAINING PROGRAM WAS IN PLACE TO
22 PROVIDE THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
23 LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
24 9. ANY PERSON EMPLOYED BY ANY BUSINESS ENTITY THAT OFFERS FOR SALE
25 METHAMPHETAMINE PRECURSOR DRUGS WHO SELLS SUCH A DRUG TO ANY PERSON IN A
26 SUSPICIOUS TRANSACTION SHALL REPORT THE TRANSACTION TO THE OWNER, SUPER-
27 VISOR, OR MANAGER OF SUCH ENTITY. THE OWNER, SUPERVISOR, OR MANAGER MAY
28 REPORT THE TRANSACTION TO LOCAL LAW ENFORCEMENT. A PERSON WHO REPORTS
29 INFORMATION UNDER THIS SUBDIVISION IN GOOD FAITH IS IMMUNE FROM CIVIL
30 LIABILITY RELATING TO THE REPORT.
31 10. THIS SECTION DOES NOT APPLY TO:
32 (A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE STATE BOARD OF
33 PHARMACY AS BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
34 BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
35 (B) METHAMPHETAMINE PRECURSOR DRUGS OBTAINED PURSUANT TO A VALID
36 PRESCRIPTION.
37 11. THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DEPARTMENT
38 OF PUBLIC SAFETY, SHALL CERTIFY METHAMPHETAMINE PRECURSOR DRUGS THAT
39 MEET THE REQUIREMENTS OF PARAGRAPH (B) OF SUBDIVISION TEN OF THIS
40 SECTION AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
41 12. WHOLESALE DRUG DISTRIBUTORS LICENSED AND REGULATED BY THE STATE
42 BOARD OF PHARMACY AND REGISTERED WITH AND REGULATED BY THE UNITED STATES
43 DRUG ENFORCEMENT ADMINISTRATION ARE EXEMPT FROM THE METHAMPHETAMINE
44 PRECURSOR DRUG STORAGE REQUIREMENTS OF THIS SECTION.
45 13. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS GOVERN-
46 ING THE SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
47 RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO THE EFFECTIVE
48 DATE OF THIS SECTION ARE VOID.
49 S 2. This act shall take effect on the one hundred twentieth day after
50 it shall have become a law. Effective immediately, the addition, amend-
51 ment, and/or repeal of any rule or regulation necessary for the imple-
52 mentation of this act on its effective date is authorized to be made on
53 or before such date.
