February 16, 2005, Introduced by Reps. Jones and Schuitmaker and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 17766b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17766b. (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 do each of the
following:
(a) Maintain all products that contain ephedrine or
pseudoephedrine as the products' sole active ingredient behind a
counter where the public is not permitted or within 20 feet of a
counter that allows the attendant to view the products in an
unobstructed manner.
(b) Require the purchaser of a product described under
subdivision (a) to produce a valid photo identification that
includes the individual's name and date of birth and record the
same in a written log along with the date of the transaction and a
description of the product and the amount purchased.
(2) This section does not apply to any of the following:
(a) A product containing pseudoephedrine that is in a liquid,
liquid capsule, or gel capsule form if pseudoephedrine is not the
only active ingredient.
(b) A pediatric product primarily intended for administration
to children under 12 years of age according to label instructions.
(c) A product that the state board of pharmacy, upon
application of a manufacturer, 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.
(3) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $2,000.00, or both.
(4) A person who furnishes fraudulent identification to
purchase a product described under subsection (1)(a) is guilty of a
misdemeanor punishable by imprisonment for not more than 2 years or
a fine of not more than $2,000.00, or both.