2005 Senate Bill 189 / Public Act 87

Ban ephedrine “point of purchase” displays

Introduced in the Senate

Feb. 10, 2005

Introduced by Sen. Patricia Birkholz (R-24)

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 Committee on Health Policy

May 10, 2005

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

May 12, 2005

Substitute offered

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

Passed in the Senate 36 to 1 (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.

Received in the House

May 17, 2005

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 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

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

To require more complete surveillance records from the proposed store video surveillance of ephedrine or pseudoephedrine displays.

The amendment passed by voice vote

June 8, 2005

Passed in the House 107 to 2 (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 House Bill 4322.

Received in the Senate

June 9, 2005

June 29, 2005

Passed in the Senate 37 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

July 19, 2005