EPHEDRINE/PSEUDOEPHEDRINE SALES H.B. 4322 (H-1): FLOOR ANALYSIS
House Bill 4322 (Substitute H-1 as reported without amendment)
Sponsor: Representative Rick Jones
House Committee: Judiciary
Senate Committee: Health Policy
CONTENT
The bill would amend the Public Health Code to do the following:
-- Prohibit a person from knowingly selling an ephedrine or pseudoephedrine product to a person under 18 years old.
-- Limit the amount of an ephedrine or pseudoephedrine product that could be sold in a single over-the-counter (OTC) sale.
-- Provide that a person who violated the bill would be responsible for a State civil infraction and could be ordered to pay a maximum civil fine of $50 per violation.
-- Require the Department of Community Health (DCH) to produce signs indicating that the sale of ephedrine and pseudoephedrine products to a minor was prohibited by law, and make the signs available to licensed retailers on the DCH website free of charge.
-- Require retailers to post the signs near the point of sale.
-- Prohibit a local unit of government from imposing any new requirement or prohibition that conflicted with the bill.
The bill is tie-barred to Senate Bill 189. Senate Bill 189 (H-1), as passed by the House, is tie-barred to the House bill and would amend the Public Health Code to do the following:
-- Require a retail seller of ephedrine or pseudoephedrine products to maintain them behind a counter, within a locked case, or where the attendant could monitor them, or use an antitheft device on the products along with constant video surveillance.
-- Provide that a retail seller would have to require photo identification for the purchase of an ephedrine or pseudoephedrine product.
-- Require a seller that did not maintain the products behind a counter or within a locked case to record product purchases, maintain the log for at least six months, and make it available to a law enforcement agency upon request.
-- Provide that a person who violated the bill would be responsible for a State civil infraction and could be ordered to pay a maximum civil fine of $50 per violation.
Proposed MCL 333.17766f Legislative Analyst: Julie Koval
FISCAL IMPACT
There are no data to indicate how many people would be found responsible for a civil infraction for violating the proposed section. Additional civil fine revenue would benefit public libraries.
Date Completed: 6-27-05 Fiscal Analyst: David Fosdick
Bethany Wicksall
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4322/0506