September 7, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 7340a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7340a. (1) A retailer shall not sell to a person products
containing a total of more than 3.6 grams of ephedrine or
pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an
isomer of ephedrine or pseudoephedrine within a 30-day period or
more than 9 grams of products containing ephedrine or
pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an
isomer of ephedrine or pseudoephedrine within a 30-day period.
(2) A person shall not purchase from a retailer products
containing a total of more than 3.6 grams of ephedrine or
pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an
isomer of ephedrine or pseudoephedrine within a 30-day period or
containing a total of more than 9 grams of ephedrine or
pseudoephedrine, a salt of ephedrine or pseudoephedrine, or an
isomer of ephedrine or pseudoephedrine within a 30-day period.
(3) The limits described in subsections (1) and (2) apply to
the total amount of base ephedrine and pseudoephedrine contained in
the products, and not the overall weight of the products.
(4) A retailer shall require any person purchasing a
nonprescription product that contains ephedrine or pseudoephedrine
to present valid government-issued photo identification at the
point of sale. The retailer shall record the name, address, and
date of birth of the purchaser; name and quantity of product
purchased; date and time purchased; and purchaser identification
type and number, such as driver license state and number, and shall
require the purchaser's signature in a logbook.
(5) Beginning January 1, 2011, a retailer shall, before
completing a sale under this section, electronically submit the
required information to the national precursor log exchange (NPLEx)
administered by the national association of drug diversion
investigators (NADDI). Absent negligence, wantonness, recklessness,
or deliberate misconduct, any retailer utilizing the electronic
sales tracking system in accordance with this subsection is not
civilly liable as a result of any act or omission in carrying out
the duties required by this subsection and is immune from liability
to any third party unless the retailer has violated any provision
of this subsection in relation to a claim brought for that
violation.
(6) If a retailer selling a nonprescription product containing
ephedrine or pseudoephedrine experiences mechanical or electronic
failure of the electronic sales tracking system and is unable to
comply with the electronic sales tracking requirement, the retailer
shall maintain a written log or an alternative electronic record-
keeping mechanism until such time as the retailer is able to comply
with the electronic sales tracking requirement.
(7) NADDI shall forward state transaction records in NPLEx to
the department of state police weekly and shall provide real-time
access to NPLEx information through the NPLEx online portal to law
enforcement in this state as authorized by the agency.
(8) The system described in subsection (5) shall be capable of
generating a stop sale alert notifying the retailer that completion
of the sale will result in the seller's or purchaser's violating
the quantity limits set forth in this section. The seller shall not
complete the sale if the system generates a stop sale alert. The
system shall contain an override function that may be used by a
dispenser of ephedrine or pseudoephedrine who has a reasonable fear
of imminent bodily harm if the dispenser does not complete a sale.
Each instance in which the override function is utilized shall be
logged by the system.
(9) A violation of this section is a misdemeanor punishable by
a fine of not more than $500.00. If a product is dispensed in
violation of subsection (1), the owner or operator of the wholesale
or retail establishment dispensing the product is in violation of
subsection (1).
(10) This section does not apply to a person who obtains the
product pursuant to a valid prescription.