Print Friendly HOUSE BILL NO. 530 – Pseudoephedrine, sale
HOUSE BILL NO. 530
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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
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN 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
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.
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.
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STATEMENT OF PURPOSE
The purpose of this legislation is to place certain controls on
the retail sales of pseudoephedrine products, and to provide
penalties for violations.
No cost to the general fund.
Name: Representatives Ring, Mitchell, Wills, Rusche, Bastian.
Senators Bunderson, McGee, Lodge
STATEMENT OF PURPOSE/FISCAL NOTE H 530