2007 Legislation
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HOUSE BILL NO. 46 – Pseudoephedrine, sale, limitation

HOUSE BILL NO. 46

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Bill Status



H0046................................by JUDICIARY, RULES AND ADMINISTRATION
PSEUDOEPHEDRINE - Amends existing law to revise limitations relating to the
selling, transferring or furnishing of pseudoephedrine products by
retailers; to revise limitations relating to purchase of pseudoephedrine
products; and to revise requirements applicable to retailers.
                                                                        
01/24    House intro - 1st rdg - to printing
01/25    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 46
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PSEUDOEPHEDRINE; AMENDING SECTION 37-3303, IDAHO CODE,  TO  REVISE
  3        LIMITATIONS RELATING TO THE SELLING, TRANSFERRING OR FURNISHING OF PSEUDO-
  4        EPHEDRINE  PRODUCTS  BY  RETAILERS, TO REVISE LIMITATIONS RELATING TO PUR-
  5        CHASES OF PSEUDOEPHEDRINE PRODUCTS AND TO REVISE  REQUIREMENTS  APPLICABLE
  6        TO RETAILERS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section 37-3303, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        37-3303.  LIMITATIONS ON SALES AND PURCHASES. (1) It shall be unlawful for
 11    any retailer to knowingly sell, transfer or  otherwise  furnish  in  a  single
 12    transaction  to a person a pseudoephedrine product or products containing more
 13    than nine three and six-tenths (93.6) grams of pseudoephedrine  in  a  twenty-
 14    four (24) hour period, without regard to the number of transactions.
 15        (2)  It  shall  be unlawful for any person to knowingly purchase a pseudo-
 16    ephedrine product or products containing more than nine three  and  six-tenths
 17    (93.6) grams of pseudoephedrine from a retailer in a single thirty twenty-four
 18    (3024)  day hour period, without regard to the number of transactions.
 19        (3)  At  the  time of distribution or sale of a pseudoephedrine product or
 20    products, tThe retailer shall:
 21        (a)  Maintain a written or electronic logbook of sales of  pseudoephedrine
 22        products that:
 23             (i)   Identifies  the  products by name, the quantity sold, the names
 24             and addresses of purchasers, and the dates and times  of  the  sales,
 25             provided  however,  that  such requirement does not apply to any pur-
 26             chase by a person of a single sales package if that package  contains
 27             not more than sixty (60) milligrams of pseudoephedrine;
 28             (ii)  Includes  a notice to purchasers that entering false statements
 29             or misrepresentations in the logbook may subject purchasers to crimi-
 30             nal penalties; and
 31             (iii) Is maintained by the retailer for not less than two  (2)  years
 32             after the date on which an entry is made;
 33        (b)  At  the  time of distribution or sale of a pseudoephedrine product or
 34        products:
 35             (i)   Eensure that the purchaser presents a  government-issued  photo
 36             identification,  signs  the  logbook and enters in the logbook his or
 37             her name, address, and the date and time of the sale;
 38             (ii)  Determine that the name entered into the logbook corresponds to
 39             the name provided on such identification and that the date  and  time
 40             entered are correct; and
 41             (iii) Enter  in  the logbook the name of the product and the quantity
 42             sold.

Statement of Purpose / Fiscal Impact



                           STATEMENT OF PURPOSE

                                 RS 16601

The purpose of this legislation is to bring Idaho code relating
to Pseudoephedrine sales into compliance with Federal Law.  


                                FISCAL NOTE

There will be no cost to the General Fund.



Contact
Name: Representative Ring
      Representative Wills

Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                           H 46