HOUSE AMENDED
PRIOR PRINTER'S NOS. 1640, 1890 PRINTER'S NO. 2175
No. 1116 Session of 2006
INTRODUCED BY WONDERLING, MADIGAN, ROBBINS, GORDNER, ARMSTRONG,
PUNT, SCARNATI, BOSCOLA, ORIE, D. WHITE, KASUNIC, RAFFERTY,
COSTA, PILEGGI, RHOADES, PICCOLA AND STACK, MARCH 23, 2006
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 17, 2006
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," DEFINING "MOBILE RETAIL <--
11 VENDOR"; further providing for prohibited acts and penalties;
12 and providing for reporting, for confidentiality and for
13 false statements or misrepresentation.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 13(c) of the act of April 14, 1972 <--
17 (P.L.233, No.64), known as The Controlled Substance, Drug,
18 Device and Cosmetic Act, amended December 14, 1984 (P.L.988,
19 No.200), is amended and subsection (a) is amended by adding
20 clauses to read:
21 Section 13. Prohibited Acts; Penalties.--(a) The following
22 acts and the causing thereof within the Commonwealth are hereby
1 prohibited:
2 * * *
3 (39) The sale at retail of any product containing ephedrine,
4 pseudoephedrine, phenylpropanolamine, or any of their salts,
5 optical isomers or salts of optical isomers, except for any
6 quantity of the substances dispensed under a valid prescription
7 and unless all of the following apply:
8 (i) The product does not, for any purchaser, exceed a daily
9 amount of 3.6 grams.
10 SECTION 1. SECTION 2(B) OF THE ACT OF APRIL 14, 1972 <--
11 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG,
12 DEVICE AND COSMETIC ACT, IS AMENDED BY ADDING A DEFINITION TO
13 READ:
14 SECTION 2. DEFINITIONS.--* * *
15 (B) AS USED IN THIS ACT:
16 * * *
17 "MOBILE RETAIL VENDOR" MEANS A PERSON OR ENTITY THAT MAKES
18 SALES AT RETAIL FROM A STAND THAT IS INTENDED TO BE TEMPORARY,
19 OR IS CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER,
20 WHETHER THE STAND IS LOCATED WITHIN OR ON THE PREMISES OF A
21 FIXED FACILITY, SUCH AS A KIOSK AT A SHOPPING CENTER OR AIRPORT,
22 OR WHETHER THE STAND IS LOCATED ON UNIMPROVED REAL ESTATE, SUCH
23 AS A LOT OR FIELD LEASED FOR RETAIL PURPOSES.
24 * * *
25 SECTION 2. SECTION 13(C) OF THE ACT, AMENDED DECEMBER 14,
26 1984 (P.L.988, NO.200), IS AMENDED AND SUBSECTION (A) IS AMENDED
27 BY ADDING A CLAUSE TO READ:
28 SECTION 13. PROHIBITED ACTS; PENALTIES.--(A) THE FOLLOWING
29 ACTS AND THE CAUSING THEREOF WITHIN THE COMMONWEALTH ARE HEREBY
30 PROHIBITED:
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1 * * *
2 (39) THE KNOWING OR INTENTIONAL PURCHASE AT RETAIL DURING A
3 THIRTY-DAY PERIOD OF MORE THAN NINE (9) GRAMS OF EPHEDRINE BASE,
4 PSEUDOEPHEDRINE BASE OR PHENYLPROPANOLAMINE BASE IN A PRODUCT OR
5 THE SALE AT RETAIL OR PURCHASE AT RETAIL OF ANY PRODUCT
6 CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, PHENYLPROPANOLAMINE, OR
7 ANY OF THEIR SALTS, OPTICAL ISOMERS OR SALTS OF OPTICAL ISOMERS,
8 EXCEPT FOR ANY QUANTITY OF THE SUBSTANCES DISPENSED UNDER A
9 VALID PRESCRIPTION AND UNLESS ALL OF THE FOLLOWING APPLY:
10 (I) THE PRODUCT DOES NOT, FOR ANY PURCHASER, EXCEED A DAILY
11 AMOUNT OF THREE AND SIX-TENTHS (3.6) GRAMS OF EPHEDRINE BASE,
12 PSEUDOEPHEDRINE BASE OR PHENYLPROPANOLAMINE BASE IN SUCH
13 PRODUCT.
14 (ii) The product is offered in a manner that does not
15 provide customers with direct access to the product before the
16 sale is made and is maintained behind the counter. For purposes
17 of this subclause, behind-the-counter maintenance of a product
18 shall include storage of the product in a locked cabinet that is
19 located in an area of the facility to which customers have
20 direct access.
21 (III) IF THE SELLER IS A MOBILE RETAIL VENDOR: <--
22 (A) THE SELLER COMPLIES WITH SUBCLAUSE (II) BY PLACING THE
23 PRODUCT IN A LOCKED CABINET.
24 (B) THE SELLER DOES NOT SELL MORE THAN SEVEN AND FIVE-TENTHS
25 (7.5) GRAMS OF EPHEDRINE BASE, PSEUDOEPHEDRINE BASE OR
26 PHENYLPROPANOLAMINE BASE IN SUCH PRODUCTS PER CUSTOMER DURING A
27 THIRTY-DAY PERIOD.
28 (iii) (IV) The seller delivers the product directly into the <--
29 custody of the purchaser.
30 (iv) (V) The seller maintains a written or electronic <--
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1 logbook of sales that identifies the product by name, the
2 quantity sold, the name and address of the purchaser and the
3 date and time of the sales.
4 (v) (VI) The seller requires the prospective purchaser to <--
5 present an identification card with a photograph, to sign the
6 logbook and to enter the purchaser's name, address and date and
7 time of sale.
8 (vi) (VII) The seller determines that the name entered in <--
9 the logbook corresponds to the name on the identification
10 presented and that the date and time entered are correct.
11 (vii) (VIII) The seller enters the name and quantity of the <--
12 product sold into the logbook.
13 (viii) (IX) The seller includes a notice in the logbook that <--
14 entering false statements or misrepresentations in the logbook
15 may subject the purchaser to criminal penalties.
16 (ix) (X) The seller maintains each entry in the logbook for <--
17 not fewer than two years after the date on which the entry was
18 made.
19 * * *
20 (c) Any person who violates the provisions of clauses (21),
21 (22) [and (24)], (24) and (39) of subsection (a) shall be guilty
22 of a misdemeanor, and shall, on conviction thereof, be punished
23 only as follows:
24 (1) Upon conviction of the first such offense, he shall be
25 sentenced to imprisonment not exceeding six months, or to pay a
26 fine not exceeding ten thousand dollars ($10,000), or both.
27 (2) Upon conviction of the second and subsequent offense, he
28 shall be sentenced to imprisonment not exceeding two years, or
29 to pay a fine not exceeding twenty-five thousand dollars
30 ($25,000), or both.
20060S1116B2175 - 4 -
1 * * *
2 Section 2 3. The act is amended by adding sections to read: <--
3 Section 13.3. Reporting.--(a) A retailer, including a
4 pharmacy, store or other retail mercantile establishment, shall
5 promptly communicate to law enforcement any confirmed report or
6 actual knowledge of the theft or loss of thirty (30) or more <--
7 grams of any drug containing ephedrine, pseudoephedrine,
8 phenylpropanolamine, or any of their salts, optical isomers or
9 salts of optical isomers as an active ingredient. A PRODUCT <--
10 UNDER SECTION 13(A)(39) WHERE THE QUANTITY WITH RESPECT TO THE
11 EPHEDRINE BASE, PSEUDOEPHEDRINE BASE OR PHENYLPROPANOLAMINE BASE
12 IN THE PRODUCT IS THIRTY (30) GRAMS OR MORE.
13 (b) A person who makes a report to law enforcement under
14 subsection (a) shall be immune from any civil or criminal
15 liability with respect to the report or its contents if the
16 person has reasonable grounds for suspecting the loss or theft.
17 (c) A violation of subsection (a) shall constitute a
18 misdemeanor of the third degree.
19 Section 13.4. Confidentiality.--(a) Except as provided in
20 subsection (b), retailers shall prohibit the accessing, using or
21 sharing of information in a logbook for any purpose other than
22 to ensure compliance with this act or to facilitate a product
23 recall to protect public health and safety.
24 (b) Retailers may SHALL disclose the information in a <--
25 logbook to law enforcement agencies UPON REQUEST. <--
26 Section 13.5. False statements or misrepresentations.--The
27 provision of false statements or misrepresentations by a
28 purchaser to a retailer shall constitute a misdemeanor of the
29 third degree.
30 Section 3 4. This act shall take effect in 60 days. <--
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