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H0530................................by JUDICIARY, RULES AND ADMINISTRATION PSEUDOEPHEDRINE - SALE - Adds to existing law relating to the sale of pseudoephedrine to define terms; to set forth requirements relating to pseudoephedrine products; to set forth limitations on sales and purchases; to provide penalties; to provide for preemption; and to provide application. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Jud 02/14 Rpt out - rec d/p - to 2nd rdg 02/15 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 69-1-0 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Barrett Absent and excused -- None Floor Sponsor - Ring Title apvd - to Senate 02/22 Senate intro - 1st rdg - to Jud 03/07 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 33-1-1 AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk, Williams NAYS -- Fulcher Absent and excused -- Sweet Floor Sponsor - Burkett Title apvd - to House 03/10 To enrol 03/13 Rpt enrol - Sp signed 03/14 Pres signed 03/15 To Governor 03/21 Governor signed Session Law Chapter 95 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 530 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS; AMENDING TITLE 37, IDAHO 3 CODE, BY THE ADDITION OF A NEW CHAPTER 33, TITLE 37, IDAHO CODE, TO DEFINE 4 TERMS, TO SET FORTH RETAILER REQUIREMENTS RELATING TO PSEUDOEPHEDRINE 5 PRODUCTS, TO SET FORTH LIMITATIONS ON SALES AND PURCHASES, TO PROVIDE PEN- 6 ALTIES, TO PROVIDE FOR PREEMPTION AND TO PROVIDE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Title 37, Idaho Code, be, and the same is hereby amended 9 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 10 ter 33, Title 37, Idaho Code, and to read as follows: 11 CHAPTER 33 12 RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS 13 37-3301. DEFINITIONS. As used in this chapter: 14 (1) "Pseudoephedrine product" means any compound, mixture or preparation 15 containing any detectable quantity of pseudoephedrine, its salts or optical 16 isomers, or salts of optical isomers. 17 (2) "Retailer" means any person, other than a wholesaler, who sells or 18 offers for sale or distributes at retail pseudoephedrine products, irrespec- 19 tive of the quantity or amount or the amount of sales of such pseudoephedrine 20 products. 21 37-3302. SALES OF PSEUDOEPHEDRINE PRODUCTS. A retailer shall ensure that: 22 (1) Pseudoephedrine products offered for sale are located either in an 23 area where the public is not permitted or inside a locked display case; and 24 (2) All distributions of pseudoephedrine products are conducted by an 25 employee of the retailer. No pseudoephedrine products shall be dispensed by a 26 self-service system of any kind. 27 37-3303. LIMITATIONS ON SALES AND PURCHASES. (1) It shall be unlawful for 28 any retailer to knowingly sell, transfer or otherwise furnish in a single 29 transaction a pseudoephedrine product or products containing more than nine 30 (9) grams of pseudoephedrine. 31 (2) It shall be unlawful for any person to knowingly purchase a pseudo- 32 ephedrine product or products containing more than nine (9) grams of pseudo- 33 ephedrine from a retailer in a single thirty (30) day period. 34 (3) At the time of distribution or sale of a pseudoephedrine product or 35 products, the retailer shall ensure that the purchaser presents a government- 36 issued photo identification. 37 37-3304. PENALTIES. A person who knowingly violates any provision of this 38 chapter shall be guilty of a misdemeanor. 2 1 37-3305. PREEMPTION. The provisions of this chapter shall be construed to 2 preempt more stringent regulation of retail sales of pseudoephedrine products 3 by any county, city or other political subdivision. 4 37-3306. APPLICATION. The provisions of this chapter shall not apply to a 5 pseudoephedrine product dispensed pursuant to a valid prescription unless 6 otherwise provided by law.
REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 15679C2 The purpose of this legislation is to place certain controls on the retail sales of pseudoephedrine products, and to provide penalties for violations. FISCAL NOTE No cost to the general fund. Contact Name: Representatives Ring, Mitchell, Wills, Rusche, Bastian. Senators Bunderson, McGee, Lodge Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 530