PRIOR PRINTER'S NO. 1072 PRINTER'S NO. 1571
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, ANDREZESKI, BAKER, LYNCH AND SHUMAKER, MAY 17, 1989
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 2, 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, SALTS AND ISOMERS shall be subject to the provisions <--
12 of this act:
13 (1) Anthranilic acid. <--
14 (2) N-acetyl anthranilic acid.
15 (3) Ergot alkaloids.
16 (4) Lysergic acid.
17 (5) Phenyl-2-propanone (phenylacetone).
1 (6) Piperidine cyclohexane carbonitrile.
2 (1) PHENYL-2-PROPANONE. <--
3 (2) METHYLAMINE.
4 (3) ETHYLAMINE.
5 (4) D-LYSERGIC ACID.
6 (5) ERGOTAMINE.
7 (6) DIETHYL MALONATE.
8 (7) MALONIC ACID.
9 (8) ETHYL MALONATE.
10 (9) BARBITURIC ACID.
11 (10) PIPERIDINE CYCLOHEXANE CARBONITRITE.
12 (11) N-ACETYLANTHRANILIC ACID.
13 (12) PYRROLIDINE.
14 (13) PHENYLACETIC ACID.
15 (14) ANTHRANILIC ACID.
16 (15) MORPHOLINE.
17 (16) EPHEDRINE.
18 (17) PSEUDOEPHEDRINE.
19 (18) NORPSEUDOEPHEDRINE.
20 (19) PHENYLPROPANOLAMINE.
21 (20) PROPIONIC ANHYDRIDE.
22 (21) ISOSAFROLE.
23 (22) SAFROLE.
24 (23) PIPERONAL.
25 (24) THIONYLCHLORIDE.
26 (25) BENZYL CYANIDE.
27 (26) ERGONOVINE.
28 (27) N-METHYLEPHEDRINE.
29 (28) N-ETHYLEPHEDRINE.
30 (29) N-METHYLPSEUDOEPHEDRINE.
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1 (30) N-ETHYLPSEUDOEPHEDRINE.
2 (31) CHLOROEPHEDRINE.
3 (32) CHLOROPSEUDOEPHEDRINE.
4 (b) Additional chemicals.--The Secretary of Health is hereby
5 empowered to add to the list of substances, SALTS AND ISOMERS <--
6 enumerated in subsection (a) any substance, SALT OR ISOMER he <--
7 believes is being used or could be used in the illegal
8 manufacture of controlled substances or in the illegal sale of
9 controlled substances. Notice of such addition shall be sent to
10 every person engaged in the sale or distribution of such
11 substances, SALTS OR ISOMERS known to the Secretary of Health. <--
12 Section 3. Registration of sellers and distributors. <--
13 A person engaged in the sale or distribution of any substance <--
14 ANY MANUFACTURER, WHOLESALER, RETAILER OR OTHER PERSON WHO IS <--
15 ENGAGED IN THE SALE, DISTRIBUTION, TRANSFER OR FURNISHING OF ANY
16 SUBSTANCE, SALT OR ISOMER covered by this act shall register
17 with the Secretary of Health. He shall maintain updated,
18 complete and accurate information with the secretary, which
19 shall include the following:
20 (1) The full name of the person or firm, his address
21 (other than a post office box number), telephone number and
22 all addresses of subsidiary or field offices or locations of
23 operations.
24 (2) The full name, address (other than a post office box
25 number), telephone number and occupation of all owners of a
26 firm covered by this act.
27 (3) The name, address and telephone number of any
28 subsidiary and field locations of operations of a firm under
29 paragraph (2).
30 (4) Any other information required by the secretary.
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1 Section 4. Records of sales or distributions. <--
2 A person who sells or distributes the substances enumerated
3 in section 2 at wholesale or retail shall be responsible for the
4 maintenance of accurate records relative to the acquisition,
5 storage and distribution of such substances. He shall record the
6 full name, address (other than a post office box number),
7 occupation, telephone number and other identifying data of those
8 who purchase such substances. He shall record the date, time,
9 location and quantity of the purchase and the price paid for
10 such substances. He shall note the manner of payment and, for
11 all purchases made with check, money order or bank draft, the
12 name and address of the financial institution on the check,
13 money order or draft and its number. He shall record the name
14 and address (other than a post office box number) of the
15 signers, the date of issuance and other identifying data, and
16 the registration number of the vehicle transporting the
17 substances.
18 SECTION 4. RECORDS. <--
19 (A) GENERAL RULE.--ANY MANUFACTURER, WHOLESALER, RETAILER OR
20 OTHER PERSON SHALL, PRIOR TO SELLING, DISTRIBUTING, TRANSFERRING
21 OR OTHERWISE FURNISHING ANY SUBSTANCE, SALT OR ISOMER SPECIFIED
22 IN SECTION 2, RECORD THE FOLLOWING INFORMATION:
23 (1) THE PURCHASER'S MOTOR VEHICLE OPERATOR'S LICENSE
24 WHICH CONTAINS A PHOTOGRAPH OF THE PURCHASER.
25 (2) THE RESIDENTIAL MAILING ADDRESS OF THE PURCHASER,
26 OTHER THAN A POST OFFICE BOX NUMBER.
27 (3) THE MOTOR VEHICLE LICENSE NUMBER OF ANY MOTOR
28 VEHICLE OWNED OR OPERATED BY THE PURCHASER.
29 (4) A LETTER OF AUTHORIZATION FROM THE BUSINESS FOR
30 WHICH ANY SUBSTANCE, SALT OR ISOMER SPECIFIED IN SECTION 2 IS
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1 BEING FURNISHED, WHICH INCLUDES THE BUSINESS LICENSE NUMBER
2 AND ADDRESS OF THE BUSINESS, A FULL DESCRIPTION OF HOW THE
3 SUBSTANCE, SALT OR ISOMER IS TO BE USED AND THE SIGNATURE OF
4 THE PURCHASER.
5 (5) THE DATE, TIME, LOCATION, QUANTITY AND PRICE OF THE
6 SUBSTANCE, SALT OR ISOMER.
7 (6) THE MANNER OF PAYMENT. FOR PURCHASES MADE WITH
8 CHECK, MONEY ORDER OR BANK DRAFT, THE NAME AND ADDRESS OF THE
9 FINANCIAL INSTITUTION ON THE CHECK, MONEY ORDER OR DRAFT AND
10 ITS NUMBER, THE NAME AND ADDRESS OF THE SIGNER, THE DATE OF
11 ISSUANCE AND OTHER IDENTIFYING DATA SHALL BE RECORDED.
12 (B) EXCEPTIONS.--THE REQUIREMENTS OF THIS SECTION SHALL NOT
13 APPLY TO:
14 (1) ANY PHARMACIST OR OTHER AUTHORIZED PERSON WHO SELLS
15 OR FURNISHES A SUBSTANCE, SALT OR ISOMER UPON THE
16 PRESCRIPTION OF A PHYSICIAN, DENTIST, PODIATRIST OR
17 VETERINARIAN.
18 (2) ANY PHYSICIAN, DENTIST, PODIATRIST OR VETERINARIAN
19 WHO ADMINISTERS OR FURNISHES A SUBSTANCE, SALT OR ISOMER TO
20 HIS OR HER PATIENTS AS PART OF THEIR REGULAR MEDICAL
21 TREATMENT.
22 (3) ANY MANUFACTURER OR WHOLESALER LICENSED BY THE
23 DEPARTMENT OF HEALTH WHO SELLS, TRANSFERS OR OTHERWISE
24 FURNISHES A SUBSTANCE, SALT OR ISOMER TO A LICENSED PHARMACY,
25 PHYSICIAN, DENTIST, PODIATRIST OR VETERINARIAN IN THE USUAL
26 COURSE OF BUSINESS.
27 (4) ANY SALE, TRANSFER, FURNISHING OR RECEIPT OF ANY
28 DRUG WHICH CONTAINS ANY SUBSTANCE, SALT OR ISOMER WHICH IS
29 LAWFULLY SOLD, TRANSFERRED OR FURNISHED OVER THE COUNTER
30 WITHOUT A PRESCRIPTION PURSUANT TO THE FEDERAL FOOD, DRUG,
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1 AND COSMETIC ACT (52 STAT. 1040, 21 U.S.C. § 301 ET SEQ.) OR
2 REGULATIONS ADOPTED THEREUNDER.
3 Section 5. Records of purchases.
4 The seller or distributor MANUFACTURER, WHOLESALER, RETAILER <--
5 OR OTHER PERSON shall include in the records required by this
6 act the full name, address, telephone number and occupation of
7 the person from whom the seller or distributor acquired the <--
8 substances SUBSTANCES, SALTS OR ISOMERS WERE ACQUIRED and the <--
9 person involved in the storage and distribution of the
10 substances, SALTS OR ISOMERS. <--
11 Section 6. Reports.
12 (a) Availability.--A person regulated by this act shall make
13 available, to any Federal, State or local law enforcement agency
14 and personnel, the records required to be kept by him.
15 (b) Transmission of reports.--A person regulated by this act
16 shall send, quarter-annually to the Secretary of Health AND THE <--
17 OFFICE OF ATTORNEY GENERAL, a complete report containing the
18 information required by sections 4 and 5.
19 (c) Use of reports.--A Federal, State or local law
20 enforcement agency may not use information obtained pursuant to
21 this act for purposes other than the investigation of possible
22 criminal conduct.
23 Section 7. Enforcement. <--
24 A member of a State or local law enforcement agency may bring
25 charges against a person for violations of this act.
26 Section 8 7. Penalty. <--
27 (a) False information.--A person who provides false
28 information to a seller or distributor under this act UNDER THIS <--
29 ACT TO A MANUFACTURER, WHOLESALER, RETAILER OR OTHER PERSON
30 commits a misdemeanor of the first degree and shall, upon
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1 conviction, be sentenced to pay a fine of not less than $1,000
2 and not more than $25,000 or to imprisonment for not more than
3 five years, or both.
4 (b) Seller or distributor violation.--A seller or <--
5 distributor OTHER VIOLATIONS.--A MANUFACTURER, WHOLESALER, <--
6 RETAILER OR OTHER PERSON who violates this act commits a
7 misdemeanor of the third degree and shall, upon conviction, be
8 sentenced to pay a fine of not less than $500 and not more than
9 $5,000 or to imprisonment for not more than three years, or
10 both.
11 (c) Wrongful use of reports.--A person who violates section
12 6(c) commits a summary offense and shall, upon conviction, be
13 sentenced to pay a fine of not less than $300 and not more than
14 $1,000 or to imprisonment for not more than 90 days, or both.
15 Section 9 8. Effective date. <--
16 This act shall take effect in 90 days.
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