Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1106 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 881 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1106
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Pavel M. Payano
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act specifying an electronic system to ensure that sales of certain products containing
13	13	pseudoephedrine (PSE) do not exceed limits established under federal law.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Pavel M. PayanoFirst Essex 1 of 4
17	17	SENATE DOCKET, NO. 881 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1106
19	19	By Mr. Payano, a petition (accompanied by bill, Senate, No. 1106) of Pavel M. Payano for
20	20	legislation to specify an electronic system to ensure that sales of certain products containing
21	21	pseudoephedrine (PSE) do not exceed limits established under federal law. The Judiciary.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act specifying an electronic system to ensure that sales of certain products containing
28	28	pseudoephedrine (PSE) do not exceed limits established under federal law.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 94C of the General Laws is hereby amended by inserting after
32	32	2section 49 the following section:-
33	33	3 Section 50. (a) Definitions. The following definitions apply to this section 50.
34	34	4 (1) "Real-time stop sale system" means a system intended to be used by law enforcement
35	35	5agencies and pharmacies or other business establishments that:
36	36	6 (A) is installed, operated, and maintained free of any one-time or recurring charge to the
37	37	7business establishment or to the state;
38	38	8 (B) is able to communicate in real time with similar systems operated in other states and
39	39	9similar systems containing information submitted by more than one state; 2 of 4
40	40	10 (C) complies with the security policy of the Criminal Justice Information Services
41	41	11division of the Federal Bureau of Investigation;
42	42	12 (D) complies with information exchange standards adopted by the National Information
43	43	13Exchange Model;
44	44	14 (E) uses a mechanism to prevent the completion of a sale of a product containing
45	45	15ephedrine, pseudoephedrine, or norpseudoephedrine that would violate state or federal law
46	46	16regarding the purchase of a product containing those substances; and
47	47	17 (F) is equipped with an override of the mechanism that:
48	48	18 (i) may be activated by an employee of a business establishment; and
49	49	19 (ii) creates a record of each activation of the override.
50	50	20 (b)(1) A retailer shall not sell to the same person, and a person shall not purchase,
51	51	21products containing more than three and six tenths (3.6) grams per day or more than nine (9)
52	52	22grams per thirty day period of ephedrine or pseudoephedrine base, or their isomers. The limits
53	53	23shall apply to the total amount of base ephedrine and pseudoephedrine contained in the products,
54	54	24and not the overall weight of the products.
55	55	25 (2) Nonprescription products containing pseudoephedrine or ephedrine shall be
56	56	26maintained behind the counter or in a locked case where the customer does not have direct
57	57	27access.
58	58	28 (c) The retailer shall require any person purchasing a nonprescription product that
59	59	29contains pseudoephedrine or ephedrine to present valid government issued photo identification at
60	60	30the point of sale. The retailer shall record the name and address of the purchaser; name and 3 of 4
61	61	31quantity of product purchased; date and time purchased; and purchaser identification type and
62	62	32number, such as driver license state and number, and require the purchaser’s signature in a
63	63	33logbook.
64	64	34 (d) Beginning January 1, 2024, a retailer shall, before completing a sale under this
65	65	35section, electronically submit the required information to the real-time stop sale system
66	66	36administered by the department of public health or such other appropriate state agency; provided
67	67	37that the system is available without a charge to retailers for access. Absent negligence,
68	68	38wantonness, recklessness, or deliberate misconduct, any retailer utilizing the electronic sales
69	69	39tracking system in accordance with this subdivision shall not be civilly liable as a result of any
70	70	40act or omission in carrying out the duties required by this subsection and shall be immune from
71	71	41liability to any third party unless the retailer has violated any provision of this subsection in
72	72	42relation to a claim brought for such violation.
73	73	43 (e) If a retailer selling a nonprescription product containing pseudoephedrine or
74	74	44ephedrine experiences mechanical or electronic failure of the electronic sales tracking system
75	75	45and is unable to comply with the electronic sales tracking requirement, the retailer shall maintain
76	76	46a written log or an alternative electronic recordkeeping mechanism until such time as the retailer
77	77	47is able to comply with the electronic sales tracking requirement.
78	78	48 (f) The vendor of the real time stop sale system shall forward state transaction records in
79	79	49the real-time stop sale system to the appropriate state agency weekly, and provide real-time
80	80	50access to the real-time stop sale system information through the system’s online portal to law
81	81	51enforcement in the state as authorized by the agency. 4 of 4
82	82	52 (g) This system shall be capable of generating a stop sale alert, which shall be a
83	83	53notification that completion of the sale would result in the seller or purchaser violating the
84	84	54quantity limits set forth in this section. The seller shall not complete the sale if the system
85	85	55generates a stop sale alert. The system shall contain an override function that may be used by a
86	86	56dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if
87	87	57they do not complete a sale. Each instance in which the override function is utilized shall be
88	88	58logged by the system.
89	89	59 (h) A violation of any provision of this section is a misdemeanor, punishable by fine
90	90	60only, not to exceed $1,000 for a first violation of this section, and not to exceed $5,000 for any
91	91	61subsequent violation. If a product is dispensed in violation of subsection (a), the owner or
92	92	62operator of the wholesale or retail establishment dispensing the product shall be in violation of
93	93	63subsection (a).
94	94	64 (i) This section does not apply to a person who obtains the product pursuant to a valid
95	95	65prescription.
96	96	66 (j) This section shall preempt and supersede any local laws or ordinances regulating sales
97	97	67of products containing pseudoephedrine or ephedrine.