April 28, 2011, Introduced by Senators NOFS, PROOS, MARLEAU and JONES and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17766e (MCL 333.17766e), as added by 2005 PA
87.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766e. (1) Except as otherwise provided under this
section, a person who possesses ephedrine or pseudoephedrine for
retail sale pursuant to a license issued under the general sales
tax act, 1933 PA 167, MCL 205.51 to 205.78, shall maintain all
products that contain any compound, mixture, or preparation
containing any detectable quantity of ephedrine or pseudoephedrine,
a salt or optical isomer of ephedrine or pseudoephedrine, or a salt
of an optical isomer of ephedrine or pseudoephedrine in accordance
with 1 of the following:
(a) Behind a counter where the public is not permitted.
(b) Within a locked case so that a customer wanting access to
the product must ask a store employee for assistance.
(c) Within 20 feet of a counter that allows the attendant to
view the products in an unobstructed manner or utilize an antitheft
device on those products that uses special package tags and
detection alarms designed to prevent theft along with constant
video surveillance as follows:
(i) The video camera is positioned so that individuals
examining or removing those products are visible.
(ii) The video camera is programmed to record, at a minimum, a
1-second image every 5 seconds.
(iii) The video images must shall be
maintained for a minimum of
6 months and made available to any law enforcement agency upon
request.
(iv) The retailer shall prominently display a sign indicating
that the area is under constant video surveillance in a conspicuous
location, clearly visible to the public.
(2) If the products described under subsection (1) are
maintained within 20 feet of a counter and that counter is not
staffed by 1 or more employees at all times, then the retail
distributor shall utilize antitheft devices and video surveillance
as provided under subsection (1)(c) when the counter is not
staffed. If all of the products described under subsection (1) are
maintained behind the counter or within a locked case, then the
retailer is not required to maintain a log or any other type of
record detailing the sale of those products.
(3) A person who sells a product described in subsection (1)
shall do each of the following:
(a) Require the purchaser of a product described under
subsection (1) to produce a valid photo identification that
includes the individual's name and date of birth.
(b) Except as otherwise provided under subsection (2),
maintain a log or some type of record detailing the sale of a
product described under subsection (1), including the date of the
sale, the name and date of birth of the buyer, and the amount and
description of the product sold. The log or other means of
recording the sale as required under this subdivision shall be
maintained for a minimum of 6 months and made available to only a
law enforcement agency upon request. The log or other means of
recording the sale is not a public record and is not subject to the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. A
person shall not sell or provide a copy of the log or other means
of recording the sale to another for the purpose of surveys,
marketing, or solicitations.
(4) This section does not apply to the following:
(a) A pediatric product primarily intended for administration
to children under 12 years of age according to label instructions.
(b) A product containing pseudoephedrine that is in a liquid
form if pseudoephedrine is not the only active ingredient.
(c) A product that the state board of pharmacy, upon
application of a manufacturer or certification by the United States
drug enforcement administration as inconvertible, exempts from this
section because the product has been formulated in such a way as to
effectively prevent the conversion of the active ingredient into
methamphetamine.
(d) A product that is dispensed pursuant to a prescription.
(5)
A person who violates this section subsections (1) to (3)
is responsible for a state civil infraction as provided under
chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL
600.8801 to 600.8835, and may be ordered to pay a civil fine of not
more than $50.00 for each violation.
(6)
By December 15, 2006, the department of state police shall
submit
a written report to the legislature regarding the impact and
effectiveness
of the amendatory act that added this section and
section
17766f, including, but not limited to, the number of
clandestine
methamphetamine lab incidents before and after this
legislation.
(6) Except as otherwise provided in subsection (7), a person
who uses or attempts to use a false identification or the
identification of another person to purchase a product that
contains any compound, mixture, or preparation containing any
detectable quantity of ephedrine or pseudoephedrine as described in
subsection (1) is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$100.00, or both.
(7) Subsection (6) does not apply to a person who participates
in either of the following:
(a) An undercover operation in which the individual purchases
or receives a product that contains any compound, mixture, or
preparation containing any detectable quantity of ephedrine or
pseudoephedrine as described in subsection (1) under direction of
the person's employer and with the prior approval of the local
prosecutor's office as part of an employer-sponsored internal
enforcement action.
(b) An undercover operation in which the individual purchases
or receives a product that contains any compound, mixture, or
preparation containing any detectable quantity of ephedrine or
pseudoephedrine as described in subsection (1) under the direction
of the state police or local law enforcement agency as part of an
enforcement action unless the initial or contemporaneous purchase
or receipt of a product that contains any compound, mixture, or
preparation containing any detectable quantity of ephedrine or
pseudoephedrine by the person was not under the direction of the
state police or local law enforcement agency and was not part of
the undercover operation.