Massachusetts Senate Bill S1106

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23
• Refer: 4/27/23

Caption

Specifying an electronic system to ensure that sales of certain products containing pseudoephedrine (PSE) do not exceed limits established under federal law

Impact

The passage of S1106 would amend Chapter 94C of the General Laws and provide a framework for the sale of products containing pseudoephedrine. By mandating real-time tracking of sales through an online system, the bill would allow law enforcement agencies to monitor transactions across state lines and prevent illegal purchases that exceed allowable limits. Retailers would be required to implement this tracking system without incurring costs, thus making compliance more accessible, while also limiting liabilities in certain circumstances. This could facilitate a more straightforward regulatory landscape for both businesses and law enforcement.

Summary

Bill S1106 proposes the establishment of an electronic system to monitor the sales of products containing pseudoephedrine (PSE) in Massachusetts. This bill aims to create a real-time stop sale system that would help ensure compliance with federal limits on the sale of pseudoephedrine, which is commonly used in the manufacturing of methamphetamine. It requires that retailers not sell more than a specified quantity of pseudoephedrine to the same person within defined timeframes. The implementation of such a system is intended to enhance law enforcement's ability to regulate and track purchases of these products accurately.

Contention

Some points of contention surrounding the bill include concerns about privacy and the potential length and complexity of compliance processes for retailers. There are fears that the data collection involved could infringe on customers' rights and privacy. Additionally, the requirement for all transactions to be logged and monitored may impose a significant burden on small businesses that may not have the resources to implement such systems effectively. Furthermore, local control over sales laws is challenged as the bill preempts any local ordinances, raising the debate over state versus local authority in regulating sales of certain products.