S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    714
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON, GALEF, J. RIVERA, COLTON, CRUZ,
   ABINANTI, SAYEGH, GRIFFIN, PICHARDO -- Multi-Sponsored by -- M. of  A.
   SIMON  --  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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00603-01-1

 A. 714                              2
 
 VIOLATE STATE OR  FEDERAL  LAW  REGARDING  THE  PURCHASE  OF  A  PRODUCT
 CONTAINING THOSE SUBSTANCES; AND
   (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-

 A. 714                              3

 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
 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.
   § 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 and
 completed on or before such date.