Text: HSB00605 Text: HSB00607 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 126.23A PSEUDOEPHEDRINE – 1 2 RESTRICTIONS. 1 3 1. A retailer shall not sell and a person shall not 1 4 purchase in a single transaction more than two products 1 5 containing pseudoephedrine as the products' sole active 1 6 ingredient. 1 7 2. A retailer who offers for sale a product containing 1 8 pseudoephedrine as the product's sole active ingredient shall 1 9 display and offer such product for sale, except as otherwise 1 10 provided, behind a counter where the public is not permitted 1 11 or within twenty feet of a counter which allows the attendant 1 12 to view the products in an unobstructed manner. A retailer 1 13 may display without restriction a product containing 1 14 pseudoephedrine as the sole active ingredient if the product 1 15 is displayed using an electronic antitheft device system that 1 16 utilizes a product tag and detection alarm which prevents the 1 17 theft of the product. 1 18 3. A retailer shall post a notice at the location where a 1 19 product containing pseudoephedrine as its sole active 1 20 ingredient is displayed or offered for sale stating the 1 21 following: 1 22 A person commits a simple misdemeanor if the person 1 23 purchases in a single transaction more than two products 1 24 containing pseudoephedrine as the products' sole active 1 25 ingredient. 1 26 4. A person who violates subsection 1 commits a simple 1 27 misdemeanor, punishable as a scheduled violation under section 1 28 805.8C, subsection 4. 1 29 5. For each violation of subsection 1, 2, or 3 by a 1 30 retailer, the retailer shall be assessed a civil penalty in 1 31 the amount of one hundred dollars. 1 32 6. a. Enforcement of any civil penalties in this section 1 33 by the state or a political subdivision of the state shall be 1 34 in district court. 1 35 b. Enforcement of this section shall also be implemented 2 1 uniformly throughout the state. For the purpose of uniform 2 2 implementation, the provisions of this section shall supersede 2 3 any local ordinance or regulation which is inconsistent with 2 4 or conflicts with the provisions of this section. 2 5 7. All civil penalty moneys collected by the state or a 2 6 political subdivision of the state pursuant to this section 2 7 shall be retained by the state or political subdivision of the 2 8 state, respectively. 2 9 As used in this section, "retailer" means a person or 2 10 business entity engaged in this state in the business of 2 11 selling products on a retail basis. 2 12 Sec. 2. Section 602.8105, subsection 2, paragraph e, Code 2 13 Supplement 2003, is amended to read as follows: 2 14 e. For filing and docketing a civil action pursuant to 2 15 section 126.23A, twenty-five dollars. 2 16e.f. Other fees provided by law. 2 17 Sec. 3. Section 602.8105, Code Supplement 2003, is amended 2 18 by adding the following new subsection: 2 19 NEW SUBSECTION. 4. The clerk of the district court shall 2 20 collect a civil penalty assessed against a retailer pursuant 2 21 to section 126.23A. Any moneys collected from the civil 2 22 penalty shall be distributed to the state or a political 2 23 subdivision of the state as provided in section 126.23A, 2 24 subsection 7. 2 25 Sec. 4. NEW SECTION. 714.7C THEFT OF PSEUDOEPHEDRINE – 2 26 ENHANCEMENT. 2 27 Notwithstanding section 714.2, subsection 5, a person who 2 28 commits a simple misdemeanor theft of more than two products 2 29 containing pseudoephedrine as the products' sole active 2 30 ingredient commits a serious misdemeanor. 2 31 Sec. 5. Section 805.8C, Code 2003, is amended by adding 2 32 the following new subsection: 2 33 NEW SUBSECTION. 4. PSEUDOEPHEDRINE SALES VIOLATIONS. For 2 34 a violation of section 126.23A, subsection 1, the scheduled 2 35 fine is one hundred dollars. 3 1 EXPLANATION 3 2 This bill relates to the selling and purchasing of products 3 3 containing pseudoephedrine. 3 4 The bill provides that a retailer shall not sell, and a 3 5 person shall not purchase, in a single transaction more than 3 6 two products containing pseudoephedrine as the products' sole 3 7 active ingredient. A person who sells or purchases more than 3 8 two products containing pseudoephedrine in a single 3 9 transaction commits a simple misdemeanor punishable by a 3 10 scheduled fine of $100. 3 11 The bill provides that a retailer who offers for sale a 3 12 product containing pseudoephedrine as the product's sole 3 13 active ingredient shall display and offer such product for 3 14 sale, except as otherwise provided, behind a counter where the 3 15 public is not permitted or within 20 feet of a counter which 3 16 allows the attendant to view the product in an unobstructed 3 17 manner. The bill provides that a retailer may display without 3 18 restriction a product containing pseudoephedrine as the sole 3 19 active ingredient if the product is displayed using an 3 20 electronic antitheft device system. 3 21 The bill provides that a retailer shall display a notice 3 22 stating that it is a simple misdemeanor to purchase in a 3 23 single transaction more than two products containing 3 24 pseudoephedrine as the products' sole active ingredient. 3 25 The bill provides that if a person sells or purchases a 3 26 product containing pseudoephedrine in violation of the bill, 3 27 the retailer shall be assessed a civil penalty in the amount 3 28 of $100 for each criminal violation. Under the bill, if the 3 29 retailer also displays a product containing pseudoephedrine in 3 30 a manner which violates the bill, the retailer shall be 3 31 assessed a $100 civil penalty. 3 32 The bill provides that any civil enforcement action under 3 33 the bill be in district court. The bill provides that the 3 34 filing and docketing fees be set at $25. 3 35 The bill provides that all civil penalty moneys collected 4 1 by the clerk of the district court shall be distributed to the 4 2 state or political subdivision of the state enforcing the 4 3 bill. 4 4 The bill enhances the penalty for a person who commits a 4 5 simple misdemeanor theft to a serious misdemeanor theft if the 4 6 person commits a theft of more than two products containing 4 7 pseudoephedrine as their sole active ingredient. 4 8 LSB 6168HC 80 4 9 jm/pj/5
Text: HSB00605 Text: HSB00607 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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