Section 333.17766e - Sale of ephedrine or pseudoephedrine; requirements of retail distributor; exceptions; violation; fine; report. - Michigan Statutes

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978

333.17766e Sale of ephedrine or pseudoephedrine; requirements of retail distributor; exceptions; violation; fine; report.

Sec. 17766e.

(1) Except as otherwise provided under this section, a person who possesses ephedrine or pseudoephedrine for retail sale pursuant to a license issued under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, shall maintain all products that contain any compound, mixture, or preparation containing any detectable quantity of ephedrine or pseudoephedrine, a salt or optical isomer of ephedrine or pseudoephedrine, or a salt of an optical isomer of ephedrine or pseudoephedrine in accordance with 1 of the following:

(a) Behind a counter where the public is not permitted.

(b) Within a locked case so that a customer wanting access to the product must ask a store employee for assistance.

(c) Within 20 feet of a counter that allows the attendant to view the products in an unobstructed manner or utilize an antitheft device on those products that uses special package tags and detection alarms designed to prevent theft along with constant video surveillance as follows:

(i) The video camera is positioned so that individuals examining or removing those products are visible.

(ii) The video camera is programmed to record, at a minimum, a 1-second image every 5 seconds.

(iii) The video images must be maintained for a minimum of 6 months and made available to any law enforcement agency upon request.

(iv) The retailer shall prominently display a sign indicating that the area is under constant video surveillance in a conspicuous location, clearly visible to the public.

(2) If the products described under subsection (1) are maintained within 20 feet of a counter and that counter is not staffed by 1 or more employees at all times, then the retail distributor shall utilize antitheft devices and video surveillance as provided under subsection (1)(c) when the counter is not staffed. If all of the products described under subsection (1) are maintained behind the counter or within a locked case, then the retailer is not required to maintain a log or any other type of record detailing the sale of those products.

(3) A person who sells a product described in subsection (1) shall do each of the following:

(a) Require the purchaser of a product described under subsection (1) to produce a valid photo identification that includes the individual's name and date of birth.

(b) Except as otherwise provided under subsection (2), maintain a log or some type of record detailing the sale of a product described under subsection (1), including the date of the sale, the name and date of birth of the buyer, and the amount and description of the product sold. The log or other means of recording the sale as required under this subdivision shall be maintained for a minimum of 6 months and made available to only a law enforcement agency upon request. The log or other means of recording the sale is not a public record and is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. A person shall not sell or provide a copy of the log or other means of recording the sale to another for the purpose of surveys, marketing, or solicitations.

(4) This section does not apply to the following:

(a) A pediatric product primarily intended for administration to children under 12 years of age according to label instructions.

(b) A product containing pseudoephedrine that is in a liquid form if pseudoephedrine is not the only active ingredient.

(c) A product that the state board of pharmacy, upon application of a manufacturer or certification by the United States drug enforcement administration as inconvertible, exempts from this section because the product has been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

(d) A product that is dispensed pursuant to a prescription.

(5) A person who violates this section is responsible for a state civil infraction as provided under chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8801 to 600.8835, and may be ordered to pay a civil fine of not more than $50.00 for each violation.

(6) By December 15, 2006, the department of state police shall submit a written report to the legislature regarding the impact and effectiveness of the amendatory act that added this section and section 17766f, including, but not limited to, the number of clandestine methamphetamine lab incidents before and after this legislation.

History: Add. 2005, Act 87, Eff. Dec. 15, 2005
Popular Name: Act 368