April 21, 2011, Introduced by Reps. Price, Hughes, MacMaster, Kurtz, Gilbert, Jenkins, Pscholka, Liss, Haines, Scott and Wayne Schmidt 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 24-hour 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 24-hour 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 24-hour period or a
product 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 24-hour 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 photographic 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) A person who violates this section is guilty of 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).
(6) This section does not apply to a person who obtains the
product pursuant to a valid prescription.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
02126'11) of the 96th Legislature is enacted into law.