PRINTER'S NO. 1072
No. 943 Session of 1989
INTRODUCED BY JUBELIRER, LOEPER, LEMMOND, HOPPER, BELAN,
BRIGHTBILL, WENGER, WILT, MADIGAN, FISHER, ROCKS, SHAFFER,
PUNT, BELL, SALVATORE, REIBMAN, PORTERFIELD, JONES, HELFRICK,
O'PAKE AND ANDREZESKI, MAY 17, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 17, 1989
AN ACT
1 Providing for the registration and reporting of certain
2 noncontrolled substances; imposing additional powers and
3 duties on the Secretary of Health; and fixing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Noncontrolled
8 Substances Reporting and Registration Act.
9 Section 2. Chemicals subject to registration.
10 (a) Specific chemicals.--The following chemicals or chemical
11 substances shall be subject to the provisions of this act:
12 (1) Anthranilic acid.
13 (2) N-acetyl anthranilic acid.
14 (3) Ergot alkaloids.
15 (4) Lysergic acid.
16 (5) Phenyl-2-propanone (phenylacetone).
17 (6) Piperidine cyclohexane carbonitrile.
1 (b) Additional chemicals.--The Secretary of Health is hereby
2 empowered to add to the list of substances enumerated in this
3 subsection (a) any substance he believes is being used or could
4 be used in the illegal manufacture of controlled substances or
5 in the illegal sale of controlled substances. Notice of such
6 addition shall be sent to every person engaged in the sale or
7 distribution of such substances known to the Secretary of
8 Health.
9 Section 3. Registration of sellers and distributors.
10 A person engaged in the sale or distribution of any substance
11 covered by this act shall register with the Secretary of Health.
12 He shall maintain updated, complete and accurate information
13 with the secretary, which shall include the following:
14 (1) The full name of the person or firm, his address
15 (other than a post office box number), telephone number and
16 all addresses of subsidiary or field offices or locations of
17 operations.
18 (2) The full name, address (other than a post office box
19 number), telephone number and occupation of all owners of a
20 firm covered by this act.
21 (3) The name, address and telephone number of any
22 subsidiary and field locations of operations of a firm under
23 paragraph (2).
24 (4) Any other information required by the secretary.
25 Section 4. Records of sales or distributions.
26 A person who sells or distributes the substances enumerated
27 in section 2 at wholesale or retail shall be responsible for the
28 maintenance of accurate records relative to the acquisition,
29 storage and distribution of such substances. He shall record the
30 full name, address (other than a post office box number),
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1 occupation, telephone number and other identifying data of those
2 who purchase such substances. He shall record the date, time,
3 location and quantity of the purchase and the price paid for
4 such substances. He shall note the manner of payment and, for
5 all purchases made with check, money order or bank draft, the
6 name and address of the financial institution on the check,
7 money order or draft and its number. He shall record the name
8 and address (other than a post office box number) of the
9 signers, the date of issuance and other identifying data, and
10 the registration number of the vehicle transporting the
11 substances.
12 Section 5. Records of purchases.
13 The seller or distributor shall include in the records
14 required by this act the full name, address, telephone number
15 and occupation of the person from whom the seller or distributor
16 acquired the substances and the person involved in the storage
17 and distribution of the substances.
18 Section 6. Reports.
19 (a) Availability.--A person regulated by this act shall make
20 available, to any Federal, State or local law enforcement agency
21 and personnel, the records required to be kept by him.
22 (b) Transmission of reports.--A person regulated by this act
23 shall send, quarter-annually to the Secretary of Health, a
24 complete report containing the information required by sections
25 4 and 5.
26 (c) Use of reports.--A Federal, State or local law
27 enforcement agency may not use information obtained pursuant to
28 this act for purposes other than the investigation of possible
29 criminal conduct.
30 Section 7. Enforcement.
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1 A member of a State or local law enforcement agency may bring
2 charges against a person for violations of this act.
3 Section 8. Penalty.
4 (a) False information.--A person who provides false
5 information to a seller or distributor under this act commits a
6 misdemeanor of the first degree and shall, upon conviction, be
7 sentenced to pay a fine of not less than $1,000 and not more
8 than $25,000 or to imprisonment for not more than five years, or
9 both.
10 (b) Seller or distributor violation.--A seller or
11 distributor who violates this act commits a misdemeanor of the
12 third degree and shall, upon conviction, be sentenced to pay a
13 fine of not less than $500 and not more than $5,000 or to
14 imprisonment for not more than three years, or both.
15 (c) Wrongful use of reports.--A person who violates section
16 6(c) commits a summary offense and shall, upon conviction, be
17 sentenced to pay a fine of not less than $300 and not more than
18 $1,000 or to imprisonment for not more than 90 days, or both.
19 Section 9. Effective date.
20 This act shall take effect in 90 days.
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