PRINTER'S NO. 2731
No. 1990 Session of 2005
INTRODUCED BY LaGROTTA, COHEN, BEBKO-JONES, CALTAGIRONE,
CRAHALLA, DERMODY, GOODMAN, HARHAI, HARPER, JAMES,
McILHATTAN, STURLA, WILT, FABRIZIO, McGEEHAN, RAMALEY,
HENNESSEY, KOTIK AND TANGRETTI, SEPTEMBER 27, 2005
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 2005
AN ACT
1 Amending the act of February 14, 1990 (P.L.62, No.11), entitled
2 "An act providing for the registration and reporting of
3 certain noncontrolled substances; imposing additional powers
4 and duties on the Secretary of Health; and fixing penalties,"
5 providing for sale of pseudoephedrine; and imposing
6 penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of February 14, 1990 (P.L.62, No.11),
10 known as the Noncontrolled Substances Reporting and Registration
11 Act, is amended by adding a section to read:
12 Section 6.1. Sale of pseudoephedrine.
13 (a) General rule.--Notwithstanding any other provision of
14 law, all packages of any product containing pseudoephedrine as
15 an active ingredient shall be offered for sale only from behind
16 a checkout counter where the public is not permitted and only by
17 a pharmacist, a registered pharmacy technician or a pharmacy
18 clerk.
19 (b) Purchase limit.--No person may acquire through over-the-
1 counter sales more than six grams of any product containing
2 pseudoephedrine as the sole active ingredient or one of the
3 active ingredients within a thirty-day period.
4 (c) Photo identification.--Any person purchasing, receiving
5 or otherwise acquiring any product containing pseudoephedrine as
6 an active ingredient shall be at least 18 years of age and shall
7 be required to furnish suitable photo identification showing the
8 person's date of birth.
9 (d) Transaction log.--Notwithstanding any other provision of
10 law, any person who sells, dispenses or otherwise provides a
11 product containing pseudoephedrine as an active ingredient shall
12 implement and maintain a written or electronic log of each
13 transaction that shall include:
14 (1) The full name of the purchaser.
15 (2) The amount of the drug sold.
16 (3) The date of the sale.
17 (4) The name or initials of the authorized person who
18 sold, dispensed or otherwise provided the product to the
19 purchaser.
20 Section 2. Section 8 of the act is amended by adding a
21 subsection to read:
22 Section 8. Penalty.
23 (a) False information.--A person who provides false
24 information under this act to a manufacturer, wholesaler,
25 retailer or other person commits a misdemeanor of the first
26 degree and shall, upon conviction, be sentenced to pay a fine of
27 not less than $1,000 and not more than $25,000 or to
28 imprisonment for not more than five years, or both.
29 (b) Other violations.--Except as otherwise provided by law,
30 a manufacturer, wholesaler, retailer or other person who
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1 violates this act commits a misdemeanor of the third degree and
2 shall, upon conviction, be sentenced to pay a fine of not less
3 than $500 and not more than $5,000 or to imprisonment for not
4 more than three years, or both.
5 (c) Wrongful use of reports.--A person who violates section
6 7(c) commits a summary offense and shall, upon conviction, be
7 sentenced to pay a fine of not less than $300 and not more than
8 $1,000 or to imprisonment for not more than 90 days, or both.
9 (d) Wrongful sale of pseudoephedrine.--A person who
10 knowingly violates section 6.1 commits a misdemeanor of the
11 third degree and shall, upon conviction, be sentenced to pay a
12 fine of not more than $1,000.
13 Section 3. This act shall take effect in 60 days.
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