ASSEMBLY, No. 1469

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Assemblyman  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Pinkin

 

 

 

 

SYNOPSIS

     Imposes certain restrictions on sale of products containing dextromethorphan.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the sale of products containing dextromethorphan and supplementing Title 24 of the Revised Statutes and Title 2C of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  As used in this act:

     “Drug” means a drug as defined in R.S.24:1-1.

     “Mobile retail vendor” means a person or entity that makes sales at retail from a stand that is intended to be temporary, or is capable of being moved from one location to another, whether the stand is located within or on the premises of a fixed facility, such as a kiosk at a shopping center or an airport, or whether the stand is located on unimproved real estate, such as a lot or field leased for retail purposes.

     “Product” means an over-the-counter drug product that contains dextromethorphan as one of its active ingredients.

     “Regulated seller” means a retail distributor but does not include an employee or agent of that distributor.

     “Retail distributor” means a grocery store, general merchandise store, pharmacy, or other entity or person whose activities as a distributor relating to products are generally limited to sales for personal use, both in the number and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

 

     2.    a.  A regulated seller or mobile retail vendor shall maintain an electronic logbook to record each sale of a product in accordance with the provisions of this section.

     (1)   The logbook shall identify the product sold by name, the quantity sold, the name and address of each purchaser, and the date and time of the sale. 

     (2)   The purchaser shall sign the logbook and enter the purchaser’s name, address, and the date and time of sale.

     (3)   The regulated seller or mobile retail vendor shall determine that the name entered in the logbook corresponds to the name provided on the identification provided by the purchaser pursuant to subsection b. of this section and that the date and time entered are correct.

     (4)   The regulated seller or mobile retail vendor shall enter into the logbook the name of the product and the quantity sold.

     (5)   The logbook shall include a notice to the purchaser that entering a false statement or misrepresentation in the logbook may subject the purchaser to a criminal penalty pursuant to section 5 of P.L.   , c.    (C.    ) (pending before the Legislature as this bill), and the notice shall specify the maximum fine and term of imprisonment.

     (6)   The regulated seller or mobile retail vendor shall maintain each entry in the logbook for not fewer than two years after the date on which the entry is made.

     b.    A regulated seller or mobile retail vendor shall not sell a product unless the prospective purchaser presents a photographic identification card issued by a state government or the federal government, or a document considered acceptable for the purposes of 8 CFR s.274a.2(b)(1)(v)(A) or (B).

     c.    (1)  The information contained in the logbook shall be considered confidential and shall be disclosed only to federal, State, or local law enforcement authorities for the purpose of carrying out their duties pursuant to State or federal law.

     (2)   A regulated seller or mobile retail vendor who in good faith discloses information from the logbook to a federal, State, or local law enforcement authority shall be immune from civil liability for that action unless the disclosure constitutes gross negligence or intentional, wanton, or willful misconduct.

 

     3.    A regulated seller or mobile retail vendor shall not sell more than 7.5 grams of a product to the same customer during a 30-day period. 

 

     4.    a.  A regulated seller or mobile retail vendor shall only display products in an area that is under the control of the regulated seller or mobile retail vendor, as follows: 

     (1)   A regulated seller shall place the product so that customers do not have direct access to it before the sale is made or in a locked cabinet that is located in an area of the facility to which customers do have direct access. 

     (2)   A mobile retail vendor shall place the product in a locked cabinet. 

     b.    A regulated seller or mobile retail vendor shall deliver the product directly into the custody of the purchaser.

 

     5.    A person who enters a false statement or misrepresentation in the electronic logbook required pursuant to section 2 of P.L.   , c.    (C.    ) (pending before the Legislature as this bill), when purchasing an over-the-counter drug product that contains dextromethorphan as one of its active ingredients, is guilty of a crime of the third degree.

 

     6.    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the director determines necessary to effectuate the purposes of this act.


     7.    This act shall take effect on the first day of the seventh month next following the date of enactment, but the Director of the Division of Consumer Affairs may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act. 

 

 

STATEMENT

 

     This bill imposes certain restrictions on the sale of any over-the-counter drug product that contains dextromethorphan as one of its active ingredients products (hereinafter referred to as “product”).

      The bill applies to the sale of these products certain provisions that parallel those in the federal “Combat Methamphetamine Epidemic Act of 2005,” by requiring regulated sellers and mobile retail vendors to maintain an electronic logbook that lists all sales of these products, as they are required to do under the above-referenced federal law for drugs containing ephedrine, pseudoephedrine, or phenylpropanolamine.  The list is to include the identification of the product by name, the quantity sold, the name and address of each purchaser, and the date and time of the sale.  The regulated seller or mobile retail vendor is to maintain each entry in the logbook for not fewer than two years after the date on which the entry is made.

     The information contained in the logbook is to be considered confidential and is to be disclosed only to federal, State, or local law enforcement authorities for the purpose of carrying out their duties pursuant to State or federal law.  A regulated seller or mobile retail vendor who in good faith discloses information from the logbook to a federal, State, or local law enforcement authority is immune from civil liability for that action unless the disclosure constitutes gross negligence or intentional, wanton, or willful misconduct.

      The bill prohibits a regulated seller or mobile retail vendor from:  (1) selling a product unless the prospective purchaser presents a photographic identification card issued by a state government or the federal government, or a document considered acceptable for the purposes of 8 CFR s.274a.2(b)(1)(v)(A) or (B); and (2) selling more than 7.5 grams of a product to the same customer during a 30-day period.

     The bill also requires a regulated seller or mobile retail vendor to display products in an area that is under the control of the regulated seller or mobile retail vendor, such that:  (1)  a regulated seller is to place the product so that customers do not have direct access to it before the sale is made or in a locked cabinet that is located in an area of the facility to which customers do have direct access; and (2) a mobile retail vendor is to place the product in a locked cabinet.  A regulated seller or mobile retail vendor must deliver the product directly into the custody of the purchaser.

     The bill further provides that a person who enters a false statement or misrepresentation in the electronic logbook required pursuant to the bill when purchasing a product is guilty of a crime of the third degree (punishable by imprisonment for a term of three to five years or a fine of up to $15,000, or both).

     The bill takes effect on the first day of the seventh month following enactment, but authorizes the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to take prior administrative action as necessary for its implementation.