sale of a finished drug product containing any quantity of
dextromethorphan shall obtain proof of age from the purchaser
before completing the sale, unless the purchaser's outward
appearance is such that a person would reasonably presume the
purchaser to be at least 25 years of age.
(c) Penalty.--A person who is convicted of violating
subsection (a) shall be sentenced to pay a fine of not less than
$250 nor more than $500 for the first violation and a fine of
$500 for each subsequent violation.
(d) Exception.--This section does not apply to a medication
containing dextromethorphan that is sold pursuant to a valid
prescription.
(e) Preemption.--This section shall be construed to preempt
any ordinance regulating the sale, distribution, receipt or
possession of dextromethorphan enacted by any political
subdivision, and dextromethorphan is not subject to further
regulation by political subdivisions.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Finished drug product." A drug legally marketed under the
Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. §
321 et seq.) that is in finished dosage form.
"Proof of age." A document issued by a governmental agency
that contains a description or photograph of a person and gives
the person's date of birth, including a passport, military
identification card or driver's license.
Section 2. This act shall take effect in 60 days.
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