House File 2259
HOUSE FILE
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 606)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the selling and purchasing of products
2 containing pseudoephedrine, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6168HV 80
5 jm/pj/5
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 packages
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 or offer for sale without restriction a product
1 14 containing pseudoephedrine as the sole active ingredient if
1 15 the product is displayed using any type of antitheft device
1 16 system including but not limited to an electronic antitheft
1 17 device system that utilizes a product tag and detection alarm
1 18 which prevents the theft of the product.
1 19 3. A retailer shall post a notice at the location where a
1 20 product containing pseudoephedrine as its sole active
1 21 ingredient is displayed or offered for sale stating the
1 22 following:
1 23 A person commits a simple misdemeanor if the person
1 24 purchases in a single transaction more than two packages
1 25 containing pseudoephedrine as the products' sole active
1 26 ingredient.
1 27 4. An employee of a retailer who sells packages containing
1 28 pseudoephedrine or a person who purchases packages containing
1 29 pseudoephedrine in violation of subsection 1 commits a simple
1 30 misdemeanor, punishable as a scheduled violation under section
1 31 805.8C, subsection 4, paragraph "a". If a citation is issued
1 32 for a violation of subsection 1, the citation shall be issued
1 33 to both the employee who sells the packages and the purchaser.
1 34 5. For each violation of subsection 1, 2, or 3 by a
1 35 retailer, the retailer shall be assessed a scheduled fine
2 1 under section 805.8C, subsection 4, paragraph "b".
2 2 6. a. Enforcement of any scheduled fine for violation of
2 3 this section by the state or a political subdivision of the
2 4 state shall be in magistrate court.
2 5 b. Enforcement of this section shall also be implemented
2 6 uniformly throughout the state. For purposes of uniform
2 7 implementation, a county or municipality shall not set
2 8 requirements or establish a penalty which is higher or more
2 9 stringent than the requirements or penalties enumerated in
2 10 this section.
2 11 7. All civil penalty moneys collected by the state or a
2 12 political subdivision of the state pursuant to this section
2 13 shall be retained by the state or political subdivision of the
2 14 state, respectively.
2 15 8. As used in this section, "retailer" means a person or
2 16 business entity engaged in this state in the business of
2 17 selling products on a retail basis.
2 18 9. This section shall not apply to a package containing
2 19 pseudoephedrine as the product's sole active ingredient which
2 20 is in liquid form.
2 21 Sec. 2. Section 602.8105, Code Supplement 2003, is amended
2 22 by adding the following new subsection:
2 23 NEW SUBSECTION. 4. The clerk of the district court shall
2 24 collect a civil penalty assessed against a retailer pursuant
2 25 to section 126.23A. Any moneys collected from the civil
2 26 penalty shall be distributed to the state or a political
2 27 subdivision of the state as provided in section 126.23A,
2 28 subsection 7.
2 29 Sec. 3. NEW SECTION. 714.7C THEFT OF PSEUDOEPHEDRINE ==
2 30 ENHANCEMENT.
2 31 Notwithstanding section 714.2, subsection 5, a person who
2 32 commits a simple misdemeanor theft of more than two packages
2 33 containing any of the following commits a serious misdemeanor:
2 34 1. Pseudoephedrine as the product's sole active
2 35 ingredient.
3 1 2. Pseudoephedrine in combination with other active
3 2 ingredients.
3 3 Sec. 4. Section 805.8C, Code 2003, is amended by adding
3 4 the following new subsection:
3 5 NEW SUBSECTION. 4. a. PSEUDOEPHEDRINE SALES VIOLATIONS.
3 6 For a violation of section 126.23A, subsection 1, the
3 7 scheduled fine is one hundred dollars.
3 8 b. For a violation of section 126.23A, subsection 1, 2, or
3 9 3, by a retailer, the scheduled fine is one hundred dollars,
3 10 and is a civil penalty and the criminal penalty surcharge
3 11 under section 911.2 shall not be added to the penalty, and the
3 12 court costs pursuant to section 805.9, subsection 6, shall not
3 13 be imposed.
3 14 EXPLANATION
3 15 This bill relates to the selling and purchasing of products
3 16 containing pseudoephedrine.
3 17 The bill provides that a retailer shall not sell, and a
3 18 person shall not purchase, in a single transaction more than
3 19 two packages containing pseudoephedrine as the products' sole
3 20 active ingredient. A person who sells or purchases more than
3 21 two packages containing pseudoephedrine in a single
3 22 transaction commits a simple misdemeanor punishable by a
3 23 scheduled fine of $100.
3 24 The bill provides that a retailer who offers for sale a
3 25 product containing pseudoephedrine as the product's sole
3 26 active ingredient shall display and offer such product for
3 27 sale, except as otherwise provided, behind a counter where the
3 28 public is not permitted or within 20 feet of a counter which
3 29 allows the attendant to view the product in an unobstructed
3 30 manner. The bill provides that a retailer may display or
3 31 offer for sale without restriction a product containing
3 32 pseudoephedrine as the sole active ingredient if the product
3 33 is displayed using an antitheft device system.
3 34 The bill provides that a retailer shall display a notice
3 35 stating that it is a simple misdemeanor to purchase in a
4 1 single transaction more than two packages containing
4 2 pseudoephedrine as the products' sole active ingredient.
4 3 The bill provides that if a person sells or purchases a
4 4 product containing pseudoephedrine in violation of the bill,
4 5 the retailer shall be assessed a civil penalty punishable as a
4 6 scheduled fine in the amount of $100 for each criminal
4 7 violation. Under the bill, if the retailer also displays a
4 8 product containing pseudoephedrine in a manner which violates
4 9 the bill, the retailer shall be assessed a $100 civil penalty.
4 10 The bill provides that any enforcement action under the
4 11 bill be in magistrate court.
4 12 The bill provides that all civil penalty moneys collected
4 13 by the clerk of the district court shall be distributed to the
4 14 state or political subdivision of the state enforcing the
4 15 bill.
4 16 The bill enhances the penalty for a person who commits a
4 17 simple misdemeanor theft to a serious misdemeanor theft if the
4 18 person commits a theft of more than two packages containing
4 19 pseudoephedrine as their sole active ingredient or more than
4 20 two packages containing pseudoephedrine in combination with
4 21 other active ingredients.
4 22 LSB 6168HV 80
4 23 jm/pj/5