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A00468 Summary:

A00468 Actions:

A00468 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A468
 
SPONSOR: Cymbrowitz (MS)

 
TITLE OF BILL:  An act to amend the general business law, in relation
to the sale of over-the-counter methamphetamine precursor drugs
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
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.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
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 identifica-
tion;
 
-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.
 
 
JUSTIFICATION:
 
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 attor-
ney'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.
 
 
PRIOR LEGISLATIVE HISTORY:
 
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
 
 
FISCAL IMPLICATIONS:
 
None. The real-time, stop-sale system shall be free of charge to the
retailer.
 

This system is fully funded by the Consumer Healthcare Products Associ-
ation (CEPA), which is a member-based organization of manufacturers and
distributors of non-prescription, over-the-counter medicines and supple-
ments.
 
 
EFFECTIVE:
 
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.