A00468 Summary:

BILL NO    A00468 


SPONSOR    Cymbrowitz (MS)

COSPNSR    Magee, Brindisi, Gunther, Russell, McDonald

MLTSPNSR   Lupardo, Stec

Add S391-oo, Gen Bus L

Regulates the sale of methamphetamine precursor drugs.
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A00468 Actions:

BILL NO    A00468 

01/07/2015 referred to consumer affairs and protection
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A00468 Memo:


TITLE  OF BILL:  An act to amend the general business law, in relation
to the sale of over-the-counter methamphetamine precursor drugs


To implement an electronic tracking system on  the  sale  of  products
containing pseudoephedrine, or ephedrine. This system will communicate
in  real time, across state lines and produce a stop sale notification
to the seller of the product.


Creates a new section in the general  business  law,  Section  391-oo,
including but not limited to, the following provisions:

-limits the over the counter sale to packages containing not more than
3.6  grams  of  one  or  more  methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;

-requires   presentation   of   valid,   government   issued,    photo

-requires  the  buyer  to  sign  a written or electronic logbook to be
retained by the seller, which the seller shall maintain for  at  least
three years and be open to inspection by law enforcement;

-requires  a  retailer,  before  completing  a sale, to electronically
submit the required information to  the  real-time,  stop-sale  system
administered by the division of state police;

-retailers  are  only required to participate as long as the system is
provided free of charge;

-imposes civil penalties on those who sell  methamphetamine  precursor
drugs in violation of this law;

-provides  immunity  for  retailers  that violate this section without
negligence, wantonness, recklessness, or deliberate misconduct;

-the real-time, stop-sale system is capable of generating a stop  sale
alert,  which  is  a  notification  that  completion of the sale would
result in the retailer or purchaser violating the quantity limits  set
forth in this section. The retailer shall not complete the sale if the
system  generates  a  stop  sale  alert, unless threatened by imminent
bodily harm.


In 2005, the federal government  enacted  the  Combat  Methamphetamine
Epidemic  Act  of 2005 (CMEA), which regulates retail over-the-counter
sales of ephedrine, pseudoephedrine, and phenylpropanolamine  products
because of their use in the manufacture of illegal drugs, specifically
methamphetamine.  They are also common ingredients used to make cough,
cold, and allergy products. Retail  provisions  of  the  CMEA  include
daily  sales  limits  and 30-day purchase limits. Placement of product

out  of  direct  customer  access,   sales   logbooks,   customer   ID
verification,  employee  training, and self-certification of regulated
sellers. Such legislation  is  necessary  because  it  is  common  for
persons  manufacturing  methamphetamine  to  recruit  other  people to
purchase these precursors.  While the CMEA has  been  helpful  to  law
enforcement  when  investigating  persons  suspected  of manufacturing
methamphetamine, because no such provisions exist in state law,  local
law   enforcement   and  district  attorney's  offices  cannot  pursue
violations of purchase limits.

States have led the effort to address the rapid growth of  clandestine
methamphetamine  labs  and  methamphetamine  abuse,  by  passing  laws
similar  to  the  CMEA  regulating  the  sale  of   drugs   containing
methamphetamine  precursors.  In  fact,  nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New  York's
laws  regarding meth-amphetamine are found in the penal code, but such
provisions are limited to possession of precursors  and  manufacturing
materials  and  actual  meth-amphetamine  production.  As almost every
other state has done, this bill codifies many of  the  same  standards
found  in  the  CMEA,  in an effort to thwart the "spider-web" process
that occurs when methamphetamine manufacturers  send  multiple  people
out to purchase precursors on their behalf. Furthermore, participation
in  an  electronic  tracking system has already been implemented by 26
states. The U.S. Department of Justice claims that  states  that  have
enacted  similar  or  more  restrictive retail regulations have seen a
dramatic drop in small clandestine labs.


2012 A.8384C referred to consumer affairs and protection
2012 S.6866-B
2014 A.1359-C referred to consumer affairs and protection S.4652-B


None. The real-time, stop-sale system shall be free of charge  to  the

This  system  is  fully  funded  by  the  Consumer Healthcare Products
Association  (CEPA),  which  is   a   member-based   organization   of
manufacturers  and  distributors of non-prescription, over-the-counter
medicines and supplements.


This act shall take effect on the one hundred eightieth day  after  it
shall   have  become  a  law.  Effective  immediately,  the  addition,
amendment, and/or repeal of any rule or regulation necessary  for  the
implementation  of  this act on its effective date is authorized to be
made on or before such date.
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