2005 House Bill 4322 / Public Act 86

Ban ephedrine “point of purchase” displays

Introduced in the House

Feb. 16, 2005

Introduced by Rep. Rick Jones (R-71)

To prohibit retail “point of purchase” displays for over-the-counter medicines containing just pseudoephedrine or ephedrine. These products could only be kept behind the counter. Merchants would be required to see a buyer’s photo identification before selling them, and require buyers to sign a log indicating how much was purchased.

Referred to the Committee on Health Policy

March 22, 2005

Reported without amendment

With the recommendation that the bill be referred to the Committee on Judiciary.

Referred to the Committee on Judiciary

June 1, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 7, 2005

Substitute offered

To replace the previous version of the bill with one adopts the provisions contained in the Senate-passed version of Senate Bill 189 and splits them between the two bills, clarifies the three ways retailers can maintain ephedrine and pseudoephedrine products, requires stores to display point of purchase warning signs, and does not invalidate current local ordinances related to this issue, but prohibits new ones.

The substitute passed by voice vote

Amendment offered by Rep. Rick Jones (R-71)

To require the proposed point of purchase warning signs to be available on the Department of Community Health's web site.

The amendment passed by voice vote

Amendment offered by Rep. Paul Condino (D-35)

To change the age below which a person would be prohibited from purchasing ephedrine or pseudoephedrine from 18 to 17.

The amendment passed 50 to 56 (details)

June 8, 2005

Passed in the House 104 to 5 (details)

To restrict retail “point of purchase” displays for over-the-counter medicines containing just pseudoephedrine or ephedrine, and ban their sale to a person under 18 years old. Merchants would be required to see a buyer’s photo identification before selling these products. Unless the products were kept behind the counter or in a locked case, merchants would be required to maintain video surveillance and/or attach antitheft devices to each package, and to maintain a log detailing the quantity and purchaser for each sale. These provisions are divided between this and Senate Bill 189.

Received in the Senate

June 9, 2005

Referred to the Committee on Health Policy

June 23, 2005

Reported without amendment

With the recommendation that the bill pass.

June 29, 2005

Passed in the Senate 35 to 0 (details)

To restrict retail “point of purchase” displays for over-the-counter medicines containing just pseudoephedrine or ephedrine, and ban their sale to a person under 18 years old. Merchants would be required to see a buyer’s photo identification before selling these products. Unless the products were kept behind the counter or in a locked case, merchants would be required to maintain video surveillance and/or attach antitheft devices to each package, and to maintain a log detailing the quantity and purchaser for each sale. These provisions are divided between this and Senate Bill 189.

Signed by Gov. Jennifer Granholm

July 19, 2005