HB 1071

1	A bill to be entitled
2	An act relating to the sale of ephedrine or related
3	compounds; amending s. 893.1495, F.S.; providing a
4	definition; prohibiting obtaining or delivering to an
5	individual in a retail sale any nonprescription compound,
6	mixture, or preparation containing ephedrine or related
7	compounds in excess of specified amounts; revising
8	provisions relating to retail display of products
9	containing ephedrine or related compounds; revising
10	provisions relating to retail employee training; requiring
11	a purchaser of a nonprescription compound, mixture, or
12	preparation containing any detectable quantity of
13	ephedrine or related compounds to meet specified
14	requirements; requiring use of an electronic recordkeeping
15	mechanism approved by the Department of Law Enforcement
16	for such transactions to record specified information;
17	providing for exemptions from the electronic recordkeeping
18	requirement; revising language concerning local ordinances
19	or regulations; providing exemptions for certain entities;
20	conforming language concerning criminal penalties for
21	violations; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 893.1495, Florida Statutes, is amended
26	to read:
27	893.1495  Retail sale of ephedrine and related compounds.-
28	(1)  For purposes of this section, the term "ephedrine or
29	related compounds" means ephedrine, pseudoephedrine,
30	phenylpropanolamine, or any of their salts, optical isomers, or
31	salts of optical isomers.
32	(2)(1)  A No person may not shall knowingly obtain or
33	deliver to an individual in any single retail over-the-counter
34	sale any number of packages of any nonprescription compound,
35	mixture, or preparation drug containing a sole active ingredient
36	that contains a combined total of more than 9 base grams of
37	ephedrine or related compounds in excess of the following
38	amounts:
39	(a)  In any single day, any number of packages that contain
40	a total of 3.6 grams of ephedrine or related compounds;
41	(b)  In any single retail, over-the-counter sale, three
42	packages, regardless of weight, containing ephedrine or related
43	compounds; or
44	(c)  In any 30-day period, in any number of retail, over-
45	the-counter sales, a total of 9 grams or more of ephedrine or
46	related compounds, pseudoephedrine, phenylpropanolamine, or any
47	of their salts, optical isomers, or salts of optical isomers, or
48	more than three packages in any single retail over-the-counter
49	sale, regardless of weight, containing any such sole active
50	ingredient.
51	(3)(2)  A No person may not shall knowingly display and
52	offer for retail sale packages of any nonprescription compound,
53	mixture, or preparation containing drug having a sole active
54	ingredient of ephedrine or related compounds, pseudoephedrine,
55	phenylpropanolamine, or any of their salts or optical isomers
56	other than behind a checkout counter where the public is not
57	permitted or other such location that is not otherwise
58	accessible to the general public.
59	(4)(3)  A No person who is the owner or primary operator of
60	a retail outlet where any nonprescription compound, mixture, or
61	preparation containing ephedrine or related compounds is,
62	pseudoephedrine, or phenylpropanolamine products are available
63	for sale may not shall knowingly allow an employee to engage in
64	the retail sale of such compound, mixture, or preparation
65	products unless the employee has completed an employee training
66	program that shall include, at a minimum, basic instruction on
67	state and federal regulations relating to the sale and
68	distribution of such compounds, mixtures, or preparations
69	products.
70	(5)(a)  Any person purchasing, receiving, or otherwise
71	acquiring any nonprescription compound, mixture, or preparation
72	containing any detectable quantity of ephedrine or related
73	compounds must:
74	1.  Be at least 18 years of age.
75	2.  Produce a government-issued photo identification
76	showing his or her name, date of birth, address, and photo
77	identification number.
78	3.  Sign his or her name on a record of the purchase,
79	either on paper or on an electronic signature capture device.
80	(b)  An electronic recordkeeping mechanism approved by the
81	Department of Law Enforcement shall be used and shall record the
82	following:
83	1.  Date and time of the transaction.
84	2.  Name, date of birth, address, and photo identification
85	number of the purchaser, as well as the type of identification
86	and the government of issuance.
87	3.  The amount and name of the compound, mixture, or
88	preparation containing ephedrine or related compounds.
89	4.  The signature of the purchaser, or a unique number
90	relating the transaction to a paper signature maintained at the
91	retail premises.
92	(c)  The electronic recordkeeping mechanism shall provide
93	for:
94	1.  Real-time tracking of nonprescription over-the counter
95	sales under this section.
96	2.  Blocking of nonprescription over-the-counter sales in
97	excess of those allowed by the laws of this state or federal
98	law.
99	(6)  A nonprescription compound, mixture, or preparation
100	containing any quantity of ephedrine or related compounds may
101	not be sold over the counter unless reported to an electronic
102	recordkeeping system approved by the Department of Law
103	Enforcement.
104	(7)  Any pharmacy or other retailer may request an
105	exemption from electronic reporting from the Department of Law
106	Enforcement. The department shall grant an exemption upon a
107	reasonable showing of imposition of additional costs to the
108	requester.
109	(8)(4)  The requirements of this section relating to the
110	marketing, sale, or distribution of products containing
111	ephedrine or related compounds supersedes, pseudoephedrine, or
112	phenylpropanolamine products shall supersede any local ordinance
113	or regulation passed by a county, municipality, or other local
114	governmental authority.
115	(9)  This section does not apply to:
116	(a)  Licensed manufacturers manufacturing and lawfully
117	distributing products in the channels of commerce.
118	(b)  Wholesalers lawfully distributing products in the
119	channels of commerce.
120	(c)  Health care facilities licensed under chapter 395.
121	(d)  Licensed long-term care facilities.
122	(e)  Government-operated health departments.
123	(f)  Physicians' offices.
124	(g)  Publicly operated prisons, jails, or juvenile
125	correctional facilities or private adult or juvenile
126	correctional facilities under contract with the state.
127	(h)  Public or private educational institutions maintaining
128	health care programs.
129	(i)  Government-operated or industry-operated medical
130	facilities serving employees of the government or industry
131	operating them.
132	(10)(5)  Any individual who violates subsection (1),
133	subsection (2), or subsection (3), or subsection (4) commits:
134	(a)  For a first offense, a misdemeanor of the second
135	degree, punishable as provided in s. 775.083.
136	(b)  For a second offense, a misdemeanor of the first
137	degree, punishable as provided in s. 775.082 or s. 775.083.
138	(c)  For a third or subsequent offense, a felony of the
139	third degree, punishable as provided in s. 775.082, s. 775.083,
140	or s. 775.084.
141	Section 2.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.