Pennsylvania Act 1990-11 — NONCONTROLLED SUBSTANCES REPORTING AND REGISTRATION ACT

Act text

NONCONTROLLED SUBSTANCES REPORTING AND REGISTRATION ACT
                  Act of Feb. 14, 1990, P.L. 62, No. 11               Cl. 35
                                  AN ACT

     Providing for the registration and reporting of certain
        noncontrolled substances; imposing additional powers and
        duties on the Secretary of Health; and fixing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Noncontrolled
     Substances Reporting and Registration Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Substance."  Includes a salt or isomer.
     Section 3.  Chemicals subject to registration.
        (a)  Specific chemicals.--The following substances, salts and
     isomers shall be subject to the provisions of this act:
            (1)  Phenyl-2-propanone.
            (2)  Methylamine.
            (3)  Ethylamine.
            (4)  D-lysergic acid.
            (5)  Ergotamine.
            (6)  Diethyl malonate.
            (7)  Malonic acid.
            (8)  Ethyl malonate.
            (9)  Barbituric acid.
            (10)  Piperidine cyclohexane carbonitrite.
            (11)  N-acetylanthranilic acid.
            (12)  Pyrrolidine.
            (13)  Phenylacetic acid.
            (14)  Anthranilic acid.
            (15)  Morpholine.
            (16)  Ephedrine.
            (17)  Pseudoephedrine.
            (18)  Norpseudoephedrine.
            (19)  Phenylpropanolamine.
            (20)  Propionic anhydride.
            (21)  Isosafrole.
            (22)  Safrole.
            (23)  Piperonal.
            (24)  Thionylchloride.
            (25)  Benzyl cyanide.
            (26)  Ergonovine.
            (27)  N-methylephedrine.
            (28)  N-ethylephedrine.
            (29)  N-methylpseudoephedrine.
            (30)  N-ethylpseudoephedrine.
            (31)  Chloroephedrine.
            (32)  Chloropseudoephedrine.
            (33)  Gamma butyrolactone, including butyrolactone;
        butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro;
        dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-
        butanolide; 1,4-butanolide; 4-butanolide; gamma-
        hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone
        and 4-hydroxybutanoic acid lactone with Chemical Abstract
        Service number 96-48-0.
            (34)  1,4-butanediol, including butanediol; butane-1,4-
        diol; 1,4-butylene glycol; butylene glycol; 1,4-
        dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene
        glycol and tetramethylene-1,4-diol.
        (b)  Additional chemicals.--The Secretary of Health is hereby
     empowered to add to the list of substances enumerated in
     subsection (a) any substance he believes is being used or could
     be used in the illegal manufacture of controlled substances or
     in the illegal sale of controlled substances. Notice of such
     addition shall be sent to every person engaged in the sale or
     distribution of such substances known to the Secretary of
     Health.
        (3 amended Feb. 11, 2000, P.L.7, No.2)
     Section 4.  Registration.
        (a)  General rule.--Any manufacturer, wholesaler, retailer or
     other person who is engaged in the sale, distribution, transfer
     or furnishing of any substance covered by this act shall
     register with the Secretary of Health. He shall maintain
     updated, complete and accurate information with the secretary,
     which shall include the following:
            (1)  The full name of the person or firm, his address
        (other than a post office box number), telephone number and
        all addresses of subsidiary or field offices or locations of
        operations.
            (2)  The full name, address (other than a post office box
        number), telephone number and occupation of all owners of a
        firm covered by this act.
            (3)  The name, address and telephone number of any
        subsidiary and field locations of operations of a firm under
        paragraph (2).
            (4)  Any other information required by the secretary.
        (b)  Exceptions.--The requirements of this section shall not
     apply to:
            (1)  Any pharmacist or other authorized person who sells
        or furnishes a substance, salt or isomer upon the
        prescription of a physician, dentist, podiatrist or
        veterinarian.
            (2)  Any physician, dentist, podiatrist or veterinarian
        who administers or furnishes a substance, salt or isomer to
        his or her patients as part of their regular medical
        treatment.
            (3)  Any manufacturer or wholesaler licensed by the
        Department of Health who sells, transfers or otherwise
        furnishes a substance, salt or isomer to a licensed pharmacy,
        physician, dentist, podiatrist or veterinarian in the usual
        course of business.
            (4)  Any sale, transfer, furnishing or receipt of any
        drug which contains any substance, salt or isomer which is
        lawfully sold, transferred or furnished over the counter
        without a prescription pursuant to the Federal Food, Drug,
        and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or
        regulations adopted thereunder.
     Section 5.  Records.
        (a)  General rule.--Any manufacturer, wholesaler, retailer or
     other person shall, prior to selling, distributing, transferring
     or otherwise furnishing any substance specified in section 3,
     record the following information:
            (1)  The purchaser's motor vehicle operator's license
        which contains a photograph of the purchaser.
            (2)  The residential mailing address of the purchaser,
        other than a post office box number.
            (3)  The motor vehicle license number of any motor
        vehicle owned or operated by the purchaser.
            (4)  A letter of authorization from the business for
        which any substance specified in section 3 is being
        furnished, which includes the business license number and
        address of the business, a full description of how the
        substance is to be used and the signature of the purchaser.
            (5)  The date, time, location, quantity and price of the
        substance.
            (6)  The manner of payment. For purchases made with
        check, money order or bank draft, the name and address of the
        financial institution on the check, money order or draft and
        its number, the name and address of the signer, the date of
        issuance and other identifying data.
        (b)  Exceptions.--The requirements of this section shall not
     apply to:
            (1)  Any pharmacist or other authorized person who sells
        or furnishes a substance upon the prescription of a
        physician, dentist, podiatrist or veterinarian.
            (2)  Any physician, dentist, podiatrist or veterinarian
        who administers or furnishes a substance to his or her
        patients as part of their regular medical treatment.
            (3)  Any manufacturer or wholesaler licensed by the
        Department of Health who sells, transfers or otherwise
        furnishes a substance to a licensed pharmacy, physician,
        dentist, podiatrist or veterinarian in the usual course of
        business.
            (4)  Any sale, transfer, furnishing or receipt of any
        drug which contains any substance which is lawfully sold,
        transferred or furnished over the counter without a
        prescription pursuant to the Federal Food, Drug, and Cosmetic
        Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.) or regulations
        adopted thereunder.
     Section 6.  Records of purchases.
        The manufacturer, wholesaler, retailer or other person shall
     include in the records required by this act the full name,
     address, telephone number and occupation of the person from whom
     the substances were acquired and the person involved in the
     storage and distribution of the substances.
     Section 7.  Reports.
        (a)  Availability.--A person regulated by this act shall make
     available, to any Federal, State or local law enforcement agency
     and personnel, the records required to be kept by him.
        (b)  Transmission of reports.--A person regulated by this act
     shall send, quarter-annually to the Secretary of Health and the
     Office of Attorney General, a complete report containing the
     information required by sections 5 and 6.
        (c)  Use of reports.--A Federal, State or local law
     enforcement agency may not use information obtained pursuant to
     this act for purposes other than the investigation of possible
     criminal conduct.
     Section 8.  Penalty.
        (a)  False information.--A person who provides false
     information under this act to a manufacturer, wholesaler,
     retailer or other person commits a misdemeanor of the first
     degree and shall, upon conviction, be sentenced to pay a fine of
     not less than $1,000 and not more than $25,000 or to
     imprisonment for not more than five years, or both.
        (b)  Other violations.--Except as otherwise provided by law,
     a manufacturer, wholesaler, retailer or other person who
     violates this act commits a misdemeanor of the third degree and
     shall, upon conviction, be sentenced to pay a fine of not less
     than $500 and not more than $5,000 or to imprisonment for not
     more than three years, or both.
        (c)  Wrongful use of reports.--A person who violates section
     7(c) commits a summary offense and shall, upon conviction, be
     sentenced to pay a fine of not less than $300 and not more than
     $1,000 or to imprisonment for not more than 90 days, or both.
        (8 amended Feb. 11, 2000, P.L.7, No.2)
     Section 9.  Effective date.
        This act shall take effect in 90 days.