S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   468

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. CYMBROWITZ, MAGEE, BRINDISI, GUNTHER, RUSSELL --
  Multi-Sponsored by -- M. of A. LUPARDO -- read once  and  referred  to
  the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to the sale of
  over-the-counter methamphetamine precursor drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF THIS SECTION:
  (A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR  PREPARATION  CONTAINING  EPHEDRINE  OR  PSEUDOEPHEDRINE  AS ITS SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
  (B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
  (A) IS INSTALLED, OPERATED, AND MAINTAINED FREE  OF  ANY  ONE-TIME  OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
  (B)  IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS OPERATED
IN OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED  BY
MORE THAN ONE STATE;
  (C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
  (D)  COMPLIES  WITH  INFORMATION  EXCHANGE  STANDARDS  ADOPTED  BY THE
NATIONAL INFORMATION EXCHANGE MODEL;
  (E) USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A  PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
VIOLATE  STATE  OR  FEDERAL  LAW  REGARDING  THE  PURCHASE  OF A PRODUCT
CONTAINING THOSE SUBSTANCES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01970-01-5

A. 468                              2

  (F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:
  (I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
  (II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND  A
PERSON  SHALL  NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY  DAY  PERIOD  OF
EPHEDRINE  OR  PSEUDOEPHEDRINE  BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED  IN
THE PRODUCTS, AND NOT THE OVERALL WEIGHT OF THE PRODUCTS.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE  METHAMPHETAMINE
PRECURSOR  DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
SHALL:
  (A) REQUIRE ANY  PERSON  PURCHASING  A  NONPRESCRIPTION  PRODUCT  THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
  (B) RECORD THE NAME AND ADDRESS 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 REQUIRE
THE PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
  4. A PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER
THIS  SECTION,  ELECTRONICALLY  SUBMIT  THE  REQUIRED INFORMATION TO THE
REAL-TIME STOP SALE SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE;
PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE TO RETAILERS  FOR
ACCESS.  ABSENT  NEGLIGENCE,  WANTONNESS,  RECKLESSNESS,  OR  DELIBERATE
MISCONDUCT, ANY RETAILER UTILIZING THE ELECTRONIC SALES TRACKING  SYSTEM
IN  ACCORDANCE  WITH  THIS  SUBDIVISION SHALL NOT BE CIVILLY LIABLE AS A
RESULT OF ANY ACT OR OMISSION IN CARRYING OUT  THE  DUTIES  REQUIRED  BY
THIS  SECTION  AND  SHALL  BE  IMMUNE  FROM LIABILITY TO ANY THIRD PARTY
UNLESS THE RETAILER HAS  VIOLATED  ANY  PROVISION  OF  THIS  SECTION  IN
RELATION TO A CLAIM BROUGHT FOR SUCH VIOLATION.
  (A)  IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY  SELLING  A  NONPRESCRIPTION  PRODUCT
CONTAINING  PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC FAILURE OF THE ELECTRONIC SALES TRACKING SYSTEM OR  IS  OTHERWISE
UNABLE  TO  COMPLY  WITH  THE ELECTRONIC SALES TRACKING REQUIREMENT, THE
RETAILER SHALL MAINTAIN A  WRITTEN  LOG  OR  AN  ALTERNATIVE  ELECTRONIC
RECORDKEEPING  MECHANISM  UNTIL  SUCH  TIME  AS  THE RETAILER IS ABLE TO
COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT.
  (B) THE REAL-TIME STOP SALE SYSTEM  SHALL  FORWARD  STATE  TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY  WEEKLY,  AND  PROVIDE  REAL-TIME  ACCESS  TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S ONLINE PORTAL TO LAW ENFORCEMENT
IN THE STATE AS AUTHORIZED BY THE AGENCY.
  (C) THIS SYSTEM SHALL BE CAPABLE OF  GENERATING  A  STOP  SALE  ALERT,
WHICH  SHALL  BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE SELLER OR PURCHASER 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 FUNC-
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE  A

A. 468                              3

SALE.  EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
  5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
  (A)  THIS  SECTION  DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
  (B)  NOTHING  IN  THIS  SECTION  REQUIRES  THE  BUYER  TO   OBTAIN   A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
  6.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY WHO  KNOWINGLY  VIOLATES  SUBDIVISION
TWO,  THREE,  FOUR  OR  FIVE  OF  THIS SECTION SHALL, FOR THE FIRST SUCH
VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS  THAN  TWO  HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
  7.  AN  OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE  EMPLOYEE  OR
AGENT  IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE  CIVIL  PENALTIES  OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
  (A)  DID  NOT  HAVE  PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
  (B) DOCUMENTS THAT AN  EMPLOYEE  TRAINING  PROGRAM  WAS  IN  PLACE  TO
PROVIDE  THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
  8. THIS SECTION DOES NOT APPLY TO:
  (A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE  STATE  BOARD  OF
PHARMACY  AS  BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
  (B) METHAMPHETAMINE PRECURSOR  DRUGS  OBTAINED  PURSUANT  TO  A  VALID
PRESCRIPTION.
  9.  THE  STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR  DRUGS  THAT  MEET
THE  REQUIREMENTS  OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
  10. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS  GOVERN-
ING  THE  SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO  THE  EFFECTIVE
DATE OF THIS SECTION ARE VOID.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment, and/or repeal of any rule or regulation necessary for  the  imple-
mentation  of this act on its effective date is authorized to be made on
or before such date.