SB-0189, As Passed Senate, June 29, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 189

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 17766e.

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

Senate Bill No. 189 (H-1) as amended June 7, 2005

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 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 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.

     Enacting section 1. This amendatory act takes effect December

15, 2005.

     Enacting section 2.  This amendatory act does not take effect

unless House Bill No. 4322 of the 93rd Legislature is enacted into

law.