2006 Legislation
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HOUSE BILL NO. 530 – Pseudoephedrine, sale

HOUSE BILL NO. 530

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
 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.

Statement of Purpose / Fiscal Impact


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                       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