PRINTER'S NO. 1478
No. 1285 Session of 1989
INTRODUCED BY J. H. CLARK, CALTAGIRONE, MOEHLMANN, ALLEN,
ANGSTADT, ARGALL, BELARDI, BIRMELIN, BLAUM, BOYES, BUSH,
CAWLEY, CESSAR, CHADWICK, D. F. CLARK, CLYMER, COLAIZZO,
CORNELL, COWELL, DAVIES, DeLUCA, DEMPSEY, DIETTERICK,
DISTLER, DOMBROWSKI, DORR, FEE, FOX, GEIST, GIGLIOTTI,
GODSHALL, GRUPPO, HAGARTY, HALUSKA, HAYDEN, HAYES, HERMAN,
HOWLETT, JACKSON, JADLOWIEC, KASUNIC, KOSINSKI, LaGROTTA,
LASHINGER, LLOYD, MAIALE, MARKOSEK, MARSICO, McVERRY, MELIO,
MERRY, MICOZZIE, MILLER, MORRIS, MRKONIC, NAHILL, NAILOR,
PICCOLA, PITTS, PRESSMANN, RAYMOND, ROBBINS, ROBINSON,
SAURMAN, SCHEETZ, SEMMEL, SERAFINI, S. H. SMITH,
D. W. SNYDER, STABACK, STEIGHNER, STUBAN, TANGRETTI,
E. Z. TAYLOR, TIGUE, TRELLO, WAMBACH, WESTON, WOGAN,
J. L. WRIGHT, BURD, O'BRIEN, F. TAYLOR AND NOYE,
APRIL 24, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 24, 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.
1 (2) N-acetyl anthranilic acid.
2 (3) Ergot alkaloids.
3 (4) Lysergic acid.
4 (5) Phenyl-2-propanone (phenylacetone).
5 (6) Piperidine cyclohexane carbonitrile.
6 (b) Additional chemicals.--The Secretary of Health is hereby
7 empowered to add to the list of substances enumerated in this
8 subsection (a) any substance he believes is being used or could
9 be used in the illegal manufacture of controlled substances or
10 in the illegal sale of controlled substances. Notice of such
11 addition shall be sent to every person engaged in the sale or
12 distribution of such substances known to the Secretary of
13 Health.
14 Section 3. Registration of sellers and distributors.
15 A person engaged in the sale or distribution of any substance
16 covered by this act shall register with the Secretary of Health.
17 He shall maintain updated, complete and accurate information
18 with the secretary, which shall include the following:
19 (1) The full name of the person or firm, his address
20 (other than a post office box number), telephone number and
21 all addresses of subsidiary or field offices or locations of
22 operations.
23 (2) The full name, address (other than a post office box
24 number), telephone number and occupation of all owners of a
25 firm covered by this act.
26 (3) The name, address and telephone number of any
27 subsidiary and field locations of operations of a firm under
28 paragraph (2).
29 (4) Any other information required by the secretary.
30 Section 4. Records of sales or distributions.
19890H1285B1478 - 2 -
1 A person who sells or distributes the substances enumerated
2 in section 2 at wholesale or retail shall be responsible for the
3 maintenance of accurate records relative to the acquisition,
4 storage and distribution of such substances. He shall record the
5 full name, address (other than a post office box number),
6 occupation, telephone number and other identifying data of those
7 who purchase such substances. He shall record the date, time,
8 location and quantity of the purchase and the price paid for
9 such substances. He shall note the manner of payment and, for
10 all purchases made with check, money order or bank draft, the
11 name and address of the financial institution on the check,
12 money order or draft and its number. He shall record the name
13 and address (other than a post office box number) of the
14 signers, the date of issuance and other identifying data, and
15 the registration number of the vehicle transporting the
16 substances.
17 Section 5. Records of purchases.
18 The seller or distributor shall include in the records
19 required by this act the full name, address, telephone number
20 and occupation of the person from whom the seller or distributor
21 acquired the substances and the person involved in the storage
22 and distribution of the substances.
23 Section 6. Reports.
24 (a) Availability.--A person regulated by this act shall make
25 available, to any Federal, State or local law enforcement agency
26 and personnel, the records required to be kept by him.
27 (b) Transmission of reports.--A person regulated by this act
28 shall send, quarter-annually to the Secretary of Health, a
29 complete report containing the information required by sections
30 4 and 5.
19890H1285B1478 - 3 -
1 (c) Use of reports.--A Federal, State or local law
2 enforcement agency may not use information obtained pursuant to
3 this act for purposes other than the investigation of possible
4 criminal conduct.
5 Section 7. Enforcement.
6 A member of a State or local law enforcement agency may bring
7 charges against a person for violations of this act.
8 Section 8. Penalty.
9 (a) False information.--A person who provides false
10 information to a seller or distributor under this act commits a
11 misdemeanor of the first degree and shall, upon conviction, be
12 sentenced to pay a fine of not less than $1,000 and not more
13 than $25,000 or to imprisonment for not more than five years, or
14 both.
15 (b) Seller or distributor violation.--A seller or
16 distributor who violates this act commits a misdemeanor of the
17 third degree and shall, upon conviction, be sentenced to pay a
18 fine of not less than $500 and not more than $5,000 or to
19 imprisonment for not more than three years, or both.
20 (c) Wrongful use of reports.--A person who violates section
21 6(c) commits a summary offense and shall, upon conviction, be
22 sentenced to pay a fine of not less than $300 and not more than
23 $1,000 or to imprisonment for not more than 90 days, or both.
24 Section 9. Effective date.
25 This act shall take effect in 90 days.
B15L35RZ/19890H1285B1478 - 4 -