BILL NO A00468
SAME AS SAME AS S00627
SPONSOR Cymbrowitz (MS)
COSPNSR Magee, Brindisi, Gunther, Russell, McDonald
MLTSPNSR Lupardo
Add S391-oo, Gen Bus L
Regulates the sale of methamphetamine precursor drugs.
BILL NUMBER:A468
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
identification;
-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 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.
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
Association (CEPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicines and supplements.
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.
