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A275, R286, H3591
STATUS INFORMATION
General Bill
Sponsors: Reps. Brady, J.E. Smith, Harrison, Pinson, Agnew, Anthony, Ceips, Chalk, Cobb-Hunter, Frye, Haskins, Hayes, Hinson, Howard, Huggins, Jefferson, Lucas, McGee, E.H. Pitts, Taylor, Whitmire, Witherspoon, Young, Ballentine, Mahaffey, Thompson, Coates, Leach, Hagood, Clark, Sinclair, Cotty, Rhoad, Bailey, Jennings, Bales and Neilson
Document Path: l:\council\bills\nbd\11333ac05.doc
Introduced in the House on February 17, 2005
Introduced in the Senate on January 18, 2006
Last Amended on April 5, 2006
Passed by the General Assembly on April 25, 2006
Became law without Governor's signature, May 4, 2006
Summary: Pseudoephedrine
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/17/2005 House Introduced and read first time HJ-24
2/17/2005 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-24
2/22/2005 House Member(s) request name added as sponsor: Ballentine
4/6/2005 House Member(s) request name added as sponsor: Mahaffey
4/7/2005 House Member(s) request name added as sponsor: Thompson
5/18/2005 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs HJ-149
5/19/2005 House Member(s) request name added as sponsor: Coates, Leach
5/19/2005 Scrivener's error corrected
5/24/2005 House Requests for debate-Rep(s). White HJ-79
5/24/2005 House Amended HJ-79
5/24/2005 House Read second time HJ-88
5/24/2005 House Motion noted- Reconsider vote whereby read second time
HJ-220
5/25/2005 House Reconsider second reading HJ-28
5/26/2005 House Debate interrupted HJ-21
5/26/2005 House Requests for debate-Rep(s). Loftis, Duncan, Edge,
Davenport, Anthony, Hamilton, GR Smith, Altman, MA
Pitts, DC Smith, Witherspoon, Chellis, Kennedy, and
Rutherford HJ-30
6/1/2005 House Member(s) request name removed as sponsor: Umphlett
6/1/2005 House Requests for debate removed-Rep(s). Duncan, Witherspoon,
MA Pitts, Loftis, DC Smith, and GR Smith HJ-23
6/1/2005 House Requests for debate removed-Rep(s). Rutherford, Anthony,
Altman, and Edge HJ-54
6/1/2005 House Debate adjourned until Thursday, June 2, 2005 HJ-108
1/10/2006 House Requests for debate removed-Rep(s). Chellis HJ-62
1/11/2006 House Member(s) request name added as sponsor: Hagood, Clark,
Sinclair, Cotty, Rhoad
1/11/2006 House Objection by Rep. Loftis HJ-18
1/11/2006 House Requests for debate-Rep(s). Duncan, Perry, Martin,
Umphlett, Brady, J Brown, Scott, Parks, Anthony,
Haskins, GM Smith HJ-18
1/11/2006 House Debate adjourned until Tuesday, January 17, 2006 HJ-24
1/17/2006 House Member(s) request name added as sponsor: Bailey,
Jennings, Bales, Neilson
1/17/2006 House Member(s) request name removed as sponsor: M.A.Pitts
1/17/2006 House Amended HJ-24
1/17/2006 House Read second time HJ-32
1/17/2006 House Roll call Yeas-93 Nays-4 HJ-32
1/18/2006 House Read third time and sent to Senate HJ-187
1/18/2006 Senate Introduced and read first time SJ-10
1/18/2006 Senate Referred to Committee on Medical Affairs SJ-10
1/18/2006 Scrivener's error corrected
3/7/2006 Senate Committee report: Majority favorable with amend.,
minority unfavorable Medical Affairs SJ-8
3/8/2006 Scrivener's error corrected
4/5/2006 Senate Amended SJ-37
4/5/2006 Senate Read second time SJ-37
4/6/2006 Senate Read third time and returned to House with amendments
SJ-5
4/6/2006 Scrivener's error corrected
4/20/2006 House Debate adjourned until Tuesday, April 25, 2006 HJ-68
4/25/2006 House Concurred in Senate amendment and enrolled HJ-147
4/27/2006 Ratified R 286
5/4/2006 Became law without Governor's signature
5/10/2006 Copies available
5/10/2006 Effective date 11/04/06
6/8/2006 Act No. 275
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/17/2005
5/18/2005
5/19/2005
5/24/2005
1/17/2006
1/18/2006
3/7/2006
3/8/2006
4/5/2006
4/6/2006
(A275, R286, H3591)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-398 SO AS TO REQUIRE PRODUCTS WHOSE SOLE ACTIVE INGREDIENT IS EPHEDRINE OR PSEUDOEPHEDRINE TO BE SOLD ONLY IN BLISTER PACKAGING AND FROM BEHIND A COUNTER, TO PROVIDE THAT ONLY PRODUCTS CONTAINING NINE GRAMS OR LESS OF EPHEDRINE OR PSEUDOEPHEDRINE MAY BE SOLD IN A SINGLE SALE, TO REQUIRE RETAILERS TO PURCHASE SUCH PRODUCTS ONLY FROM DISTRIBUTORS REGISTERED BY THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, TO REQUIRE PURCHASERS TO PRODUCE A GOVERNMENT ISSUED PHOTO IDENTIFICATION, TO REQUIRE A RETAILER TO MAINTAIN A LOG OF SUCH SALES, TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS, MANUFACTURE, DISTRIBUTE, OR SELL SUBSTANCES CONTAINING ALTERED EPHEDRINE OR PSEUDOEPHEDRINE, TO PROVIDE PENALTIES FOR VIOLATIONS, TO REQUIRE A RETAILER TO PROVIDE TRAINING TO EMPLOYEES ON THE REQUIREMENTS OF THIS SECTION AND TO PROVIDE THAT PROVIDING SUCH TRAINING IS AN AFFIRMATIVE DEFENSE TO CERTAIN VIOLATIONS, AND TO PROVIDE EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION; TO ADD SECTION 20-7-105 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MANUFACTURE AMPHETAMINE OR METHAMPHETAMINE IN THE PRESENCE OF A CHILD, TO KNOWINGLY PERMIT A CHILD IN AN ENVIRONMENT WHERE A PERSON IS SELLING, DISPENSING, OR MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE OR WHERE DRUG PARAPHERNALIA IS STORED FOR THE PURPOSE OF MANUFACTURING AMPHETAMINE OR METHAMPHETAMINE, AND TO PROVIDE PENALTIES; TO ADD SECTION 44-53-376 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY CAUSE DISPOSAL OF WASTE FROM THE PRODUCTION OF METHAMPHETAMINE AND TO PROVIDE PENALTIES AND TO FURTHER PROVIDE THAT A PERSON CONVICTED OF SUCH AN OFFENSE SHALL MAKE RESTITUTION TO ALL ENTITIES INVOLVED IN ANY EMERGENCY ENVIRONMENTAL RESPONSE REQUIRED DUE TO SUCH UNLAWFUL DISPOSAL; AND TO ESTABLISH A STUDY COMMITTEE TO REVIEW THE IMPLEMENTATION AND APPLICATION OF THIS ACT DURING THE FIVE YEARS FOLLOWING ITS ENACTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Regulation of the sale of ephedrine and pseudoephedrine; penalties for violations
SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code, is amended by adding:
"Section 44-53-398. (A) Products whose sole active ingredient is ephedrine or pseudoephedrine may be offered for retail sale only if sold in blister packaging. The retailer shall ensure that such products are not offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by an employee or agent of the retailer.
(B) A retailer may not in any single over the counter sale sell more than three packages of any product containing ephedrine or pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of ephedrine or pseudoephedrine base and shall ensure that the product is delivered directly into the custody of the purchaser.
(C) It is unlawful for a retailer to purchase any product containing ephedrine or pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor registered by the United States Drug Enforcement Administration.
(D)(1) A retailer selling products containing ephedrine or pseudoephedrine pursuant to subsection (A) shall require the purchaser to produce a government issued photo identification showing the date of birth of the person and require the purchaser to sign a written or electronic log showing the date and time of the transaction, the person's name and address, and the amount of the compound, mixture, or preparation. The retailer shall determine that the name entered in the log corresponds to the name on the identification and that the date and time entered are correct and shall enter in the log the name of the product and the quantity sold. The log must include a notice to purchasers that entering false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties. The retailer shall retain this log for two years after which the log may be destroyed. The log must be made available for inspection within twenty-four hours of a request made by a local, state, or federal law enforcement officer.
(2) A log retained by a retailer is confidential and not a public record as defined in Section 30-4-20(C) of the Freedom of Information Act. A retailer or an employee or agent of a retailer who in good faith releases information in a log to federal, state, or local law enforcement authorities is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or wilful misrepresentation.
(E) Except as authorized by this section, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute, any substance containing any amount of ephedrine, pseudoephedrine, or any of its salts, optical isomers, or salts of optical isomers which have been altered from their original condition so as to be powdered, liquefied, dissolved, solvated, or crushed. This subsection does not apply to any of the substances identified within this subsection which are possessed or altered for a legitimate medical purpose as directed by a person licensed under Title 40 and authorized to prescribe legend drugs.
(F) It is unlawful for a person to enter false statements or misrepresentations on the log required pursuant to subsection (D)(1).
(G) This section preempts all local ordinances or regulations governing the retail sale of over the counter products containing ephedrine or pseudoephedrine by a retailer except such local ordinances or regulations that existed on or before December 31, 2004.
(H)(1) Except as otherwise provided in this section, it is unlawful for a retailer knowingly to violate subsection (A), (B), (C), or (D)(1), and it is unlawful for a person knowingly to violate subsection (E) or (F).
(2) A retailer convicted of a violation of subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars and, upon conviction for a second or subsequent offense, must be fined not more than ten thousand dollars.
(3) A retailer convicted of a violation of subsection (C), upon conviction for a first offense, is guilty of a misdemeanor and must be imprisoned not more than one year or fined not more than one thousand dollars, or both; upon conviction for a second or subsequent offense, is guilty of a misdemeanor and must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(4) A retailer convicted of a violation of subsection (D)(1) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than one thousand dollars and not less than five hundred dollars. Upon conviction for a second offense, a retailer must be fined not more than five thousand dollars and not less than one thousand dollars. Upon conviction for a third or subsequent offense, a person must be fined not more than ten thousand dollars and not less than five thousand dollars.
(5) A person convicted of a violation of subsection (E) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not more than five thousand dollars. The court, upon approval from the solicitor, may request as part of the sentence, that the offender enter and successfully complete a drug treatment program. For a second or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not less than ten thousand dollars.
(6) A person convicted of a violation of subsection (F), upon conviction for a first offense, is guilty of a misdemeanor and must be fined not more than one thousand dollars and, upon conviction for a second or subsequent offense, is guilty of a felony and must be fined not more than five thousand dollars.
(7) It is an affirmative defense to a violation of subsection (A), (C), or (D)(1) if a retailer provided the training, maintained records, and obtained employee and agent statements of agreement required by subsection (I) for all employees and agents at the retail location where the violation occurred and at the time the violation occurred.
(I) A retailer shall provide training on the requirements of this section to all agents and employees who are responsible for delivering the products regulated by this section into the custody of purchasers or who deal directly with purchasers by obtaining payments for the products. A retailer shall obtain a signed, written agreement from each employee or agent that the employee or agent agrees to comply with the requirements of this section. The retailer shall maintain records demonstrating that these employees and agents have been provided this training and the documents executed by the retailer's employees and agents agreeing to comply with this section.
(J) This section does not apply to:
(1) pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under twelve years of age according to label instructions; and
(2) products that the Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors;
(3) a purchase of a single sales package containing not more than sixty milligrams of pseudoephedrine.
(K) For purposes of this section 'retailer' means a retail distributor, including a pharmacy, where pseudoephedrine products are available for sale and does not include an employee or agent of a retailer."
Unlawful to expose a child to the manufacture or sale of amphetamine or methamphetamine
SECTION 2. Subarticle 1, Article 3, Chapter 20, Title 7 of the 1976 Code is amended by adding:
"Section 20-7-105. (A) It is unlawful for a person who is eighteen years of age or older to:
(1) either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufacture amphetamine, its salts, isomers, or salts of isomers, or methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor child; or
(2) knowingly permit a child to be in an environment where a person is selling, offering for sale, or having in such person's possession with intent to sell, deliver, distribute, prescribe, administer, dispense, manufacture, or attempt to manufacture amphetamine or methamphetamine; or
(3) knowingly permit a child to be in an environment where drug paraphernalia or volatile, toxic, or flammable chemicals are stored for the purpose of manufacturing or attempting to manufacture amphetamine or methamphetamine.
(B) A person who violates subsection (A)(1), (2), or (3), upon conviction, for a first offense must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, the person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both."
Unlawful disposal of waste from production of methamphetamine; restitution required for emergency or environmental cleanup costs; exemptions
SECTION 3. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-376. (A) It is unlawful for a person to knowingly cause to be disposed any waste from the production of methamphetamine or knowingly assist, solicit, or conspire with another to dispose of methamphetamine waste.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years or fined not more than five thousand dollars, or both. Upon conviction for a second or subsequent offense, a person must be imprisoned not more than ten years or fined not more than ten thousand dollars, or both.
(C) If a person is convicted of a violation of this section, in a manner that requires an emergency or environmental response, the person convicted must be required to make restitution to all public entities involved in the emergency response, to cover the reasonable cost of their participation in the emergency response. The convicted person shall make the restitution in addition to any other fine or penalty required by law.
(D) Exempt from the provisions of this section are the individuals, entities, agencies, law enforcement groups, and those otherwise authorized, who are lawfully tasked with the proper disposal of the waste created from methamphetamine production."
Study committee established
SECTION 4. (A) Five years after this act's effective date the Chairman of the Senate Medical Affairs Committee, or his designee, shall convene a study committee comprised of:
(1) four members of the Senate Medical Affairs Committee, appointed by the chairman of the committee;
(2) four members of the House Medical, Military, Public and Municipal Affairs Committee, appointed by the chairman of the committee;
(3) the Director of the Department of Health and Environmental Control, or a designee;
(4) the President of the Board of Pharmacy, or a designee;
(5) the President of the South Carolina Pharmacy Association, or a designee;
(6) a representative of the National Association of Chain Drug Stores, appointed by the Chairmen of the Senate Medical Affairs and the House Medical, Military, Public and Municipal Affairs Committee;
(7) the President of the South Carolina Retailers Association, or a designee;
(8) the Director of the South Carolina Law Enforcement Division, or a designee.
(B) The committee shall elect a chairman from among the members of the committee. The committee shall review the implementation and application of this act during the five years it has remained in effect and shall submit a report, including recommendations for legislative changes, if any, to the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee before January 1, 2012.
(C) Members of the study committee are entitled to mileage, per diem, and subsistence as provided in law for members of state boards, committees, and commissions.
(D) The study committee is abolished at such time as it submits the report required pursuant to subsection (B).
Time effective
SECTION 5. This act takes effect six months after approval by the Governor.
Ratified the 27th day of April, 2006.
Became law without the signature of the Governor -- 5/4/06.
This web page was last updated on Friday, December 4, 2009 at 3:42 P.M.