S00627 Summary:

Add S391-oo, Gen Bus L
Regulates the sale of methamphetamine precursor drugs.
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S00627 Actions:

05/28/20151ST REPORT CAL.1030
06/01/20152ND REPORT CAL.
06/10/2015referred to consumer affairs and protection
01/06/2016died in assembly
01/06/2016returned to senate
03/02/2016referred to consumer affairs and protection
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S00627 Memo:

Memo not available
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S00627 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer 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 section
     2  391-oo to read as follows:
     3    § 391-oo. Sale of methamphetamine precursor drugs. 1. For the purposes
     4  of this section:
     5    (a) "methamphetamine precursor drug" shall mean any compound, mixture,
     6  or preparation containing  ephedrine  or  pseudoephedrine  as  its  sole
     7  active ingredient or as one of its active ingredients; and
     8    (b) "real-time stop sale system" means a system intended to be used by
     9  law enforcement agencies and pharmacies or other business establishments
    10  that:
    11    (A)  is  installed,  operated,  and maintained free of any one-time or
    12  recurring charge to the business establishment or to the state;
    13    (B) is able to communicate in real time with similar systems  operated
    14  in  other states and similar systems containing information submitted by
    15  more than one state;
    16    (C) complies with the security policy of the criminal justice informa-
    17  tion services division of the federal bureau of investigation;
    18    (D) complies  with  information  exchange  standards  adopted  by  the
    19  national information exchange model;
    20    (E)  uses a mechanism to prevent the completion of a sale of a product
    21  containing ephedrine, pseudoephedrine, or non-pseudoephedrine that would
    22  violate state or  federal  law  regarding  the  purchase  of  a  product
    23  containing those substances; and
    24    (F) is equipped with an override of the mechanism that:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 627                              2
     1    (i) may be activated by an employee of a business establishment; and
     2    (ii) creates a record of each activation of the override.
     3    2.  No  person,  firm,  corporation, partnership, association, limited
     4  liability company, or other entity shall sell to the same person, and  a
     5  person  shall  not purchase, products containing more than three and six
     6  tenths grams per day or more than nine grams per thirty  day  period  of
     7  ephedrine  or  pseudoephedrine  base, or their isomers. The limits shall
     8  apply to the total amount of ephedrine and pseudoephedrine contained  in
     9  the products, and not the overall weight of the products.
    10    3.  Any  person,  firm, corporation, partnership, association, limited
    11  liability company, or other entity that offers for sale  methamphetamine
    12  precursor  drugs in an over-the-counter sale shall ensure that all pack-
    13  ages of the drugs are displayed behind a checkout counter or in a locked
    14  case where the public is not permitted. Such person, firm,  corporation,
    15  partnership,  association,  limited  liability  company, or other entity
    16  shall:
    17    (a) require any  person  purchasing  a  nonprescription  product  that
    18  contains pseudoephedrine or ephedrine to present valid government issued
    19  photo identification at the point of sale.
    20    (b) record the name and address of the purchaser; name and quantity of
    21  product purchased; date and time purchased; and purchaser identification
    22  type  and  number,  such as driver license state and number, and require
    23  the purchaser's signature in a electronic or paper logbook.
    24    4. A person,  firm,  corporation,  partnership,  association,  limited
    25  liability company, or other entity shall, before completing a sale under
    26  this  section,  electronically  submit  the  required information to the
    27  real-time stop sale system administered by the division of state police;
    28  provided that the system is available without a charge to retailers  for
    29  access.  Absent  negligence,  wantonness,  recklessness,  or  deliberate
    30  misconduct, any retailer utilizing the electronic sales tracking  system
    31  in  accordance  with  this  subdivision shall not be civilly liable as a
    32  result of any act or omission in carrying out  the  duties  required  by
    33  this  section  and  shall  be  immune  from liability to any third party
    34  unless the retailer has  violated  any  provision  of  this  section  in
    35  relation to a claim brought for such violation.
    36    (a)  If a person, firm, corporation, partnership, association, limited
    37  liability company, or other entity  selling  a  nonprescription  product
    38  containing  pseudoephedrine or ephedrine experiences mechanical or elec-
    39  tronic failure of the electronic sales tracking system or  is  otherwise
    40  unable  to  comply  with  the electronic sales tracking requirement, the
    41  retailer shall maintain a  written  log  or  an  alternative  electronic
    42  recordkeeping  mechanism  until  such  time  as  the retailer is able to
    43  comply with the electronic sales tracking requirement.
    44    (b) The real-time stop sale system  shall  forward  state  transaction
    45  records in the real-time stop sale system to the appropriate state agen-
    46  cy  weekly,  and  provide  real-time  access  to the real-time stop sale
    47  system information through the system's online portal to law enforcement
    48  in the state as authorized by the agency.
    49    (c) This system shall be capable of  generating  a  stop  sale  alert,
    50  which  shall  be a notification that completion of the sale would result
    51  in the seller or purchaser violating the quantity limits  set  forth  in
    52  this  section.    The  seller  shall not complete the sale if the system
    53  generates a stop sale alert.  The system shall contain an override func-
    54  tion that may be used by a dispenser of ephedrine or pseudoephedrine who
    55  has a reasonable fear of imminent bodily harm if they do not complete  a

        S. 627                              3
     1  sale.  Each instance in which the override function is utilized shall be
     2  logged by the system.
     3    5. A violation of any provision of this section is a class A misdemea-
     4  nor, punishable by fine only.
     5    (a)  This  section  does not apply to a person who obtains the product
     6  pursuant to a valid prescription.
     7    (b)  Nothing  in  this  section  requires  the  buyer  to   obtain   a
     8  prescription for the purchase of any methamphetamine precursor drug.
     9    6.  Any  person,  firm, corporation, partnership, association, limited
    10  liability company, or other entity who  knowingly  violates  subdivision
    11  two,  three,  four  or  five  of  this section shall, for the first such
    12  violation, be subject to a civil penalty of not less  than  two  hundred
    13  fifty dollars nor more than one thousand dollars per violation, recover-
    14  able in an action by any enforcement authority designated by any munici-
    15  pality or political subdivision.
    16    7.  An  owner, operator, supervisor, or manager of any business entity
    17  that offers for sale methamphetamine precursor drugs whose  employee  or
    18  agent  is convicted of or charged with violating subdivision two, three,
    19  four or five of this section is not subject to the  civil  penalties  or
    20  criminal penalties for violating any of such subdivisions if the person:
    21    (a)  did  not  have  prior knowledge of, participate in, or direct the
    22  employee or agent to commit the violation; and
    23    (b) documents that an  employee  training  program  was  in  place  to
    24  provide  the employee or agent with information on the state and federal
    25  laws and regulations regarding methamphetamine precursor drugs.
    26    8. This section does not apply to:
    27    (a) methamphetamine precursor drugs certified by the  state  board  of
    28  pharmacy  as  being manufactured in a manner that prevents the drug from
    29  being used to manufacture methamphetamine; or
    30    (b) methamphetamine precursor  drugs  obtained  pursuant  to  a  valid
    31  prescription.
    32    9.  The  state board of pharmacy, in consultation with the division of
    33  state police, shall certify methamphetamine precursor  drugs  that  meet
    34  the  requirements  of paragraph (a) of subdivision eight of this section
    35  and publish an annual listing of such drugs.
    36    10. This section preempts all local ordinances or regulations  govern-
    37  ing  the  sale by a business establishment of products containing ephed-
    38  rine or pseudoephedrine. All ordinances enacted prior to  the  effective
    39  date of this section are void.
    40    § 2. This act shall take effect on the one hundred eightieth day after
    41  it  shall have become a law. Effective immediately, the addition, amend-
    42  ment, and/or repeal of any rule or regulation necessary for  the  imple-
    43  mentation  of this act on its effective date is authorized to be made on
    44  or before such date.
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