1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," further providing for
11definitions and for prohibited acts and penalties; and
12providing for ephedrine and pseudoephedrine and electronic
13tracking.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 2(b) of the act of April 14, 1972
17(P.L.233, No.64), known as The Controlled Substance, Drug,
18Device and Cosmetic Act, is amended by adding definitions to
19read:

20Section 2. Definitions.--* * *

21(b) As used in this act:

1* * *

2"Real-time stop sale system" means a system intended to be
3used by law enforcement agencies and pharmacies or other
4business establishments that:

5(1) is installed, operated and maintained free of any one-
6time or recurring charge to the business establishment or to the
7Commonwealth;

8(2) is able to communicate in real time with similar systems
9operated in other states and similar systems containing
10information submitted by more than one state;

11(3) complies with the security policy of the Criminal
12Justice Information Services Division of the Federal Bureau of
13Investigation <-or its successor;

14(4) complies with information exchange standards adopted by
15the National Information Exchange Model <-or its successor;

16(5) uses a mechanism to prevent the completion of a sale of
17a product containing ephedrine, or pseudoephedrine <-or
18norpseudoephedrine that would violate Federal or State law
19regarding the purchase of a product containing those substances;
20and

21(6) is equipped with an override of the mechanism that:

22(i) may be activated by an employe of a business
23establishment; and

24(ii) creates a record of each activation of the override.

25* * *

26Section 2. Section 13(a)(40) and (c) of the act, amended or
27added November 23, 2010 (P.L.1081, No.107), are amended to read:

28Section 13. Prohibited Acts; Penalties.--(a) The following
29acts and the causing thereof within the Commonwealth are hereby
30prohibited:

1* * *

2(40) [The sale at retail of any product containing
3ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
4salts, optical isomers or salts of optical isomers as the sole
5active ingredient unless one of the following applies:

6(i) The product is offered for sale behind a counter where
7the public is not permitted.

8(ii) The product is offered for sale within a locked cabinet 
9that is located in an area of the facility involved to which 
10customers do have direct access.] (Reserved).

11* * *

12(c) Any person who violates the provisions of clauses (21),
13(22), (24)[, (39) and (40)] and (39) of subsection (a) shall be
14guilty of a misdemeanor, and shall, on conviction thereof, be
15punished only as follows:

16(1) Upon conviction of the first such offense, he shall be
17sentenced to imprisonment not exceeding six months, or to pay a
18fine not exceeding ten thousand dollars ($10,000), or both.

19(2) Upon conviction of the second and subsequent offense, he
20shall be sentenced to imprisonment not exceeding two years, or
21to pay a fine not exceeding twenty-five thousand dollars
22($25,000), or both.

23* * *

24Section 3. The act is amended by adding a section to read:

25Section 13.6. Ephedrine and Pseudoephedrine; Electronic 
26Tracking.--(a) Retailers shall be prohibited from making sales 
27to an individual of, and an individual shall be prohibited from 
28purchasing, ephedrine or pseudoephedrine base, or their salts, 
29isomers or salts of isomers in excess of the following amounts:

30(1) 3.6 grams of ephedrine or pseudoephedrine base contained

1in a product or combination of products per day.

2(2) 9 grams of ephedrine or pseudoephedrine base contained
3in a product or combination of products per thirty-day period.

4(b) Nonprescription products containing ephedrine or
5pseudoephedrine shall be maintained behind the counter or in a
6locked case where the customer does not have direct access.

7(c) A retailer shall require any person purchasing a 
8nonprescription product that contains ephedrine or 
9pseudoephedrine to present a valid government-issued photo 
10identification, or other document considered acceptable under 
11Federal law for this purpose, at the point of sale. The retailer 
12shall record the following:

13(1) Name and address of the purchaser.

14(2) Name and quantity of product purchased.

15(3) Date and time of purchase.

16(4) Purchaser identification type and number, such as
17driver's license state and number, and require the purchaser's
18signature in a logbook.

19(d) A retailer shall, before completing a sale under this
20section, electronically submit the required information to the
21real-time stop sale system administered by the department,
22provided that the system is available without a charge <-to <-for
23retailers <-for to access. Absent negligence, wantonness,
24recklessness or deliberate misconduct, any retailer using the
25electronic sales tracking system in accordance with this
26subsection shall not be civilly liable as a result of any act or
27omission in carrying out the duties required by this subsection
28and shall be immune from liability to any third party unless the
29retailer has violated any provision of this subsection in
30relation to a claim brought for such violation.

1(e) If a retailer selling a nonprescription product 
2containing ephedrine or pseudoephedrine experiences mechanical 
3or electronic failure of the electronic sales tracking system 
4and is unable to comply with the electronic sales tracking 
5requirement, the retailer shall maintain a written log or an 
6alternative electronic recordkeeping mechanism until such time 
7as the retailer is able to comply with the electronic sales 
8tracking requirement. A retailer that does not have Internet 
9access to the electronic sales tracking system is compliant with 
10the requirements of this section if the retailer maintains a 
11written log or an alternative recordkeeping mechanism.

12(f) The vendor of the real-time stop sale system shall
13forward State transaction records in the real-time stop sale
14system to the department weekly and provide real-time access to
15the real-time stop sale system information through the system's
16online portal to law enforcement in this Commonwealth as
17authorized by the department.

18(g) The department shall work with the real-time stop sale 
<-19system <-vendor to ensure that the real-time stop sale system 
20shall be capable of generating a stop sale alert, which shall be 
21a notification that completion of the sale would result in the 
<-22seller <-retailer or purchaser violating the quantity limits set 
23forth in this section. The seller <-retailer shall not complete 
24the sale if the electronic system generates a stop sale alert. 
25The department shall work with the real-time stop sale <-system 
<-26vendor to ensure that the system contains an override function 
27that may be used by a retailer of ephedrine or pseudoephedrine 
28who has a reasonable fear of imminent bodily harm if it does not 
29complete a sale. Each instance in which the override function is 
30used shall be logged <-by <-in the system.

1(h) A violation of any provision of this section is a
2misdemeanor, punishable by fine only.

3(i) This section does not apply to a person who obtains the
4product pursuant to a valid prescription.

5(j) This section shall supersede any other laws or
6regulations governing the sales of products containing ephedrine
7or pseudoephedrine.

8Section 4. This act shall take effect in 270 days.