Public Act 87 of 2005

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• Introduced by Sen. Patricia Birkholz (R) on February 10, 2005, 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, and merchants would be required to see a buyer’s photo identification before selling these products, and require buyers to sign a log indicating how much was purchased.
  • Referred to the Senate Health Policy Committee on February 10, 2005.
    • Reported in the Senate on May 10, 2005, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
  • Substitute offered in the Senate on May 12, 2005, to replace the previous version of the bill with one that gives retailers three options. First, they could keep the products behind a counter or in a locked case, in which case the sales log would not be required. Second, they could keep the products where the store attendant could monitor them, in which case they would have to attach anti-theft device to the products. Third, they could keep them in another part of the store, with the antitheft device and with constant video surveillance. The amended substitute would prohibit using the names on the proposed sales log for marketing purposes, and bans the sale of ephedrine or pseudoephedrine products to a person under 18 years old. The substitute passed by voice vote in the Senate on May 12, 2005.
• Passed 36 to 1 in the Senate on May 12, 2005, 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.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on May 17, 2005.
  • Referred to the House Judiciary Committee on May 17, 2005.
    • Reported in the House on June 1, 2005, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
  • Substitute offered in the House on June 7, 2005, to replace the previous version of the bill with one that splits its provisions with House Bill 4322, clarifies the three ways retailers can maintain ephedrine and pseudoephedrine products, and does not invalidate current local ordinances related to this issue, but prohibits new ones. The substitute passed by voice vote in the House on June 7, 2005.
  • Amendment offered by Rep. Rick Jones (R) on June 7, 2005, to require more complete surveillance records from the proposed store video surveillance of ephedrine or pseudoephedrine displays. The amendment passed by voice vote in the House on June 7, 2005.
• Passed 107 to 2 in the House on June 8, 2005, 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 House Bill 4322.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on June 9, 2005.
• Passed 37 to 0 in the Senate on June 29, 2005, to concur with the House-passed version of the bill.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on July 19, 2005.