ENROLLED
       2010 Legislature                           CS for CS for SB 1050
       
       
       
       
       
       
                                                             20101050er
    1  
    2         An act relating to the sale of ephedrine or related
    3         compounds; amending s. 893.1495, F.S.; providing a
    4         definition; prohibiting obtaining or delivering to an
    5         individual in a retail sale any nonprescription
    6         compound, mixture, or preparation containing ephedrine
    7         or related compounds in excess of specified amounts;
    8         revising provisions relating to retail display of
    9         products containing ephedrine or related compounds;
   10         revising provisions relating to the training of retail
   11         employees; requiring a purchaser of a nonprescription
   12         compound, mixture, or preparation containing any
   13         detectable quantity of ephedrine or related compounds
   14         to meet specified requirements; requiring the use of
   15         an electronic recordkeeping mechanism approved by the
   16         Department of Law Enforcement for such transactions to
   17         record specified information; providing exemptions
   18         from the electronic recordkeeping requirement;
   19         revising provisions concerning local ordinances or
   20         regulations; providing exemptions for certain
   21         entities; prohibiting any retailer or entity that
   22         collects information on behalf of a retailer from
   23         accessing or using the information, except for law
   24         enforcement purposes or to facilitate a product recall
   25         for public health and safety; providing limited civil
   26         immunity for the release of information to law
   27         enforcement officers; conforming provisions governing
   28         criminal penalties for violations; requiring the
   29         Department of Law Enforcement to adopt rules;
   30         providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 893.1495, Florida Statutes, is amended
   35  to read:
   36         893.1495 Retail sale of ephedrine and related compounds.—
   37         (1)For purposes of this section, the term “ephedrine or
   38  related compounds” means ephedrine, pseudoephedrine,
   39  phenylpropanolamine, or any of their salts, optical isomers, or
   40  salts of optical isomers.
   41         (2)(1)A No person may not shall knowingly obtain or
   42  deliver to an individual in any single retail over-the-counter
   43  sale any number of packages of any nonprescription compound,
   44  mixture, or preparation drug containing a sole active ingredient
   45  that contains a combined total of more than 9 base grams of
   46  ephedrine or related compounds in excess of the following
   47  amounts:
   48         (a)In any single day, any number of packages that contain
   49  a total of 3.6 grams of ephedrine or related compounds;
   50         (b)In any single retail, over-the-counter sale, three
   51  packages, regardless of weight, containing ephedrine or related
   52  compounds; or
   53         (c)In any 30-day period, in any number of retail, over
   54  the-counter sales, a total of 9 grams or more of ephedrine or
   55  related compounds, pseudoephedrine, phenylpropanolamine, or any
   56  of their salts, optical isomers, or salts of optical isomers, or
   57  more than three packages in any single retail over-the-counter
   58  sale, regardless of weight, containing any such sole active
   59  ingredient.
   60         (3)(2)A No person may not shall knowingly display and
   61  offer for retail sale packages of any nonprescription compound,
   62  mixture, or preparation containing drug having a sole active
   63  ingredient of ephedrine or related compounds, pseudoephedrine,
   64  phenylpropanolamine, or any of their salts or optical isomers
   65  other than behind a checkout counter where the public is not
   66  permitted or other such location that is not otherwise
   67  accessible to the general public.
   68         (4)(3)A No person who is the owner or primary operator of
   69  a retail outlet where any nonprescription compound, mixture, or
   70  preparation containing ephedrine or related compounds is,
   71  pseudoephedrine, or phenylpropanolamine products are available
   72  for sale may not shall knowingly allow an employee to engage in
   73  the retail sale of such compound, mixture, or preparation
   74  products unless the employee has completed an employee training
   75  program that shall include, at a minimum, basic instruction on
   76  state and federal regulations relating to the sale and
   77  distribution of such compounds, mixtures, or preparations
   78  products.
   79         (5)(a)Any person purchasing, receiving, or otherwise
   80  acquiring any nonprescription compound, mixture, or preparation
   81  containing any detectable quantity of ephedrine or related
   82  compounds must:
   83         1.Be at least 18 years of age.
   84         2.Produce a government-issued photo identification showing
   85  his or her name, date of birth, address, and photo
   86  identification number or an alternative form of identification
   87  acceptable under federal regulation 8 C.F.R. s.
   88  274a.2(b)(1)(v)(A) and (B).
   89         3.Sign his or her name on a record of the purchase, either
   90  on paper or on an electronic signature capture device.
   91         (b)The Department of Law Enforcement shall approve an
   92  electronic recordkeeping system for the purpose of recording and
   93  monitoring the real-time purchase of products containing
   94  ephedrine or related compounds and for the purpose of monitoring
   95  this information in order to prevent or investigate illegal
   96  purchases of these products. The approved electronic
   97  recordkeeping system shall be provided to a pharmacy or retailer
   98  without any additional cost or expense. A pharmacy or retailer
   99  may request an exemption from electronic reporting from the
  100  Department of Law Enforcement if the pharmacy or retailer lacks
  101  the technology to access the electronic recordkeeping system and
  102  such pharmacy or retailer maintains a sales volume of less than
  103  72 grams of ephedrine or related compounds in a 30-day period.
  104  The electronic recordkeeping system shall record the following:
  105         1.The date and time of the transaction.
  106         2.The name, date of birth, address, and photo
  107  identification number of the purchaser, as well as the type of
  108  identification and the government of issuance.
  109         3.The number of packages purchased, the total grams per
  110  package, and the name of the compound, mixture, or preparation
  111  containing ephedrine or related compounds.
  112         4.The signature of the purchaser, or a unique number
  113  relating the transaction to a paper signature maintained at the
  114  retail premises.
  115         (c)The electronic recordkeeping system shall provide for:
  116         1.Real-time tracking of nonprescription over-the-counter
  117  sales under this section.
  118         2.The blocking of nonprescription over-the-counter sales
  119  in excess of those allowed by the laws of this state or federal
  120  law.
  121         (6)A nonprescription compound, mixture, or preparation
  122  containing any quantity of ephedrine or related compounds may
  123  not be sold over the counter unless reported to an electronic
  124  recordkeeping system approved by the Department of Law
  125  Enforcement. This subsection does not apply if the pharmacy or
  126  retailer has received an exemption from the Department of Law
  127  Enforcement under paragraph (5)(b).
  128         (7)Prior to completing a transaction, a pharmacy or
  129  retailer distributing products containing ephedrine or related
  130  compounds to consumers in this state shall submit all required
  131  data into an electronic recordkeeping system approved by the
  132  Department of Law Enforcement at the point of sale or through an
  133  interface with the electronic recordkeeping system, unless
  134  granted an exemption by the Department of Law Enforcement
  135  pursuant to paragraph (5)(b).
  136         (8)The data submitted to the electronic recordkeeping
  137  system must be retained within the system for no less than 2
  138  years following the date of entry.
  139         (9)(4) The requirements of this section relating to the
  140  marketing, sale, or distribution of products containing
  141  ephedrine or related compounds, pseudoephedrine, or
  142  phenylpropanolamine products shall supersede any local ordinance
  143  or regulation passed by a county, municipality, or other local
  144  governmental authority.
  145         (10)This section does not apply to:
  146         (a)Licensed manufacturers manufacturing and lawfully
  147  distributing products in the channels of commerce.
  148         (b)Wholesalers lawfully distributing products in the
  149  channels of commerce.
  150         (c)Health care facilities licensed under chapter 395.
  151         (d)Licensed long-term care facilities.
  152         (e)Government-operated health departments.
  153         (f)Physicians’ offices.
  154         (g)Publicly operated prisons, jails, or juvenile
  155  correctional facilities or private adult or juvenile
  156  correctional facilities under contract with the state.
  157         (h)Public or private educational institutions maintaining
  158  health care programs.
  159         (i)Government-operated or industry-operated medical
  160  facilities serving employees of the government or industry
  161  operating them.
  162         (11)(5) Any individual who violates subsection (1),
  163  subsection (2), or subsection (3), or subsection (4) commits:
  164         (a) For a first offense, a misdemeanor of the second
  165  degree, punishable as provided in s. 775.083.
  166         (b) For a second offense, a misdemeanor of the first
  167  degree, punishable as provided in s. 775.082 or s. 775.083.
  168         (c) For a third or subsequent offense, a felony of the
  169  third degree, punishable as provided in s. 775.082, s. 775.083,
  170  or s. 775.084.
  171         (12)Information contained within the electronic
  172  recordkeeping system shall be disclosed in a manner authorized
  173  by state or federal law. Any retailer or entity that collects
  174  information on behalf of a retailer as required by the Combat
  175  Methamphetamine Epidemic Act of 2005 and this section may not
  176  access or use that information, except for law enforcement
  177  purposes pursuant to state or federal law or to facilitate a
  178  product recall for public health and safety.
  179         (13)A person who sells any product containing ephedrine or
  180  related compounds who in good faith releases information under
  181  this section to federal, state, or local law enforcement
  182  officers, or any person acting on behalf of such an officer, is
  183  immune from civil liability for the release unless the release
  184  constitutes gross negligence or intentional, wanton, or willful
  185  misconduct.
  186         (14) The Department of Law enforcement shall contract or
  187  enter into a memorandum of understanding, as applicable, with a
  188  private third-party administrator to implement the electronic
  189  recordkeeping system required by this section.
  190         (15)The Department of Law Enforcement shall adopt rules
  191  necessary to implement this section.
  192         Section 2. This act shall take effect July 1, 2010, and
  193  shall be implemented by January 1, 2011.