Report Title:

Pseudoephedrine; Retail Sales; Reporting

 

Description:

Limits the dispensing, sale, or distribution of pseudoephedrine products without a prescription to no more than three packages per transaction, except for products in liquid, liquid capsule, and gel capsule form.  Requires wholesalers to report all sales of pseudoephedrine products made to any retailer.  (SB1100 HD1)

 


THE SENATE

S.B. NO.

1100

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

H.D. 1

 

A BILL FOR AN ACT

 

 

relating to pseudoephedrine.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 329, Hawaii Revised Statutes, is amended by adding one new section to be appropriately designated and to read as follows:

     "§329-    Sales of products, mixtures, or preparations containing pseudoephedrine; reporting requirement for wholesalers.  (a)  Notwithstanding any other law to the contrary, a pharmacy or retailer may dispense, sell, or distribute without a prescription not more than three packages, per transaction, of any product, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient or in combination with other active ingredients.

     (b)  The sales restriction established in subsection (a), as it applies to products, mixtures, or preparations containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, shall not apply to any products, mixtures, or preparations that are in liquid, liquid capsule, or gel capsule form if pseudoephedrine is not the only active ingredient.

     (c)  The department, by rule, may exempt other products from this section if the administrator finds that the products are not used in the illegal manufacture of methamphetamine or other controlled substances.  A manufacturer of a drug product may apply for removal of the product from this section if the product is determined by the administrator to have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine.

     (d)  Notwithstanding any other provision of this chapter to the contrary, every wholesaler shall report to the administrator all sales made to any retailer, of any product, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts, optical isomers, or salts of optical isomers, as the only active ingredient or in combination with other active ingredients.  The department shall provide a common reporting form that contains at least the following information about the product, mixture, or preparation:

     (1)  Generic or other name;

     (2)  Quantity sold;

     (3)  Date of sale;

     (4)  Name and address of the wholesaler; and

     (5)  Name and address of the retailer."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2015.