Public Act 093-1008
 
SB2244 Enrolled LRB093 15862 RCE 41479 b

    AN ACT concerning the retail sale of methamphetamine
manufacturing chemicals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Methamphetamine Manufacturing Chemical Retail Sale Control
Act.
 
    Section 5. Purpose. The purpose of this Act is to reduce
the harm that methamphetamine is inflicting on individuals,
families, communities, the economy, and the environment in
Illinois by making it more difficult for persons engaged in the
unlawful manufacture of methamphetamine to obtain
methamphetamine manufacturing chemicals.
 
    Section 10. Definitions. In this Act:
    "Methamphetamine manufacturing chemical" has the meaning
ascribed to it in subsection (z-1) of Section 102 of the
Illinois Controlled Substances Act.
    "Targeted methamphetamine manufacturing chemical" and
"targeted medications" mean a subset of "methamphetamine
manufacturing chemicals". "Targeted methamphetamine
manufacturing chemical" means any medication in the form of a
tablet, capsule, caplet, or similar product that is sold over
the counter, without a prescription, and that contains either
(A) more than 15 milligrams of ephedrine or its salts, optical
isomers, or salts of optical isomers or (B) more than 15
milligrams of pseudoephedrine or its salts, optical isomers, or
salts of optical isomers. "Targeted methamphetamine
manufacturing chemical" does not include any medication in the
form of a liquid, liquid cap, gel cap, or other similar
substance, or any medication dispensed by a licensed pharmacist
pursuant to a valid prescription.
    "Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
    "Targeted package" means a package containing any amount of
a targeted methamphetamine manufacturing chemical.
    "Single active ingredient targeted methamphetamine
manufacturing chemical" means a targeted methamphetamine
manufacturing chemical whose sole active ingredient is
ephedrine or its salts, optical isomers, or salts of optical
isomers; or pseudoephedrine or its salts, optical isomers, or
salts of optical isomers.
    "Single active ingredient targeted package" means a
package containing any amount of single active ingredient
targeted methamphetamine manufacturing chemical.
    "Multiple active ingredient targeted methamphetamine
manufacturing chemical" means a targeted methamphetamine
manufacturing chemical that contains at least one active
ingredient other than ephedrine or its salts, optical isomers,
or salts of optical isomers; or pseudoephedrine or its salts,
optical isomers, or salts of optical isomers.
    "Multiple active ingredient targeted package" means a
package containing any amount of multiple active ingredient
targeted methamphetamine manufacturing chemical.
    "Stock keeping unit" or "SKU" means the primary or basic
unit of measure assigned to an item sold by a retail
distributor and the smallest unit of an item that may be
dispensed from a retail distributor's inventory.
    "Targeted stock keeping unit" means a stock keeping unit
assigned to a targeted package.
    "Blister pack" means a unit dose package commonly
constructed from a formed cavity containing one or more
individual doses.
    "Capsule" means a solid dosage form in which a medicinal
substance is enclosed and consisting of either a hard or soft
soluble outer shell.
    "Customer" means a person who buys goods from a retail
distributor.
    "Distribute" means to sell, give, provide or otherwise
transfer.
    "Dosage unit" means an exact amount of a drug's treatment
pre-packaged by the manufacturer or pharmacist in standardized
amounts.
    "Sales employee" means any employee who at any time (a)
operates a cash register at which targeted packages may be
sold, (b) works at or behind a pharmacy counter, (c) stocks
shelves containing targeted packages, or (d) trains or
supervises other employees who engage in any of the preceding
activities.
    "Tablet" means a solid dosage form of varying weight, size,
and shape that may be molded or compressed and that contains a
medicinal substance in pure or diluted form.
    "Single retail transaction" means a sale by a retail
distributor to a specific customer at a specific time.
    "Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor
relating to drug products containing targeted methamphetamine
manufacturing chemicals are limited exclusively or almost
exclusively to sales for personal use, both in number of sales
and volume of sales, either directly to walk-in customers or in
face-to-face transactions by direct sales.
 
    Section 15. Package sale restrictions.
    (a) Any targeted methamphetamine manufacturing chemical
displayed or distributed by any retail distributor in Illinois
shall be packaged in blister packs, with each blister
containing not more than 2 dosage units, or when the use of
blister packs is technically infeasible, in unit dose packets
or pouches.
    (b) Any targeted package displayed or distributed by any
retail distributor in Illinois shall contain no more than 3
grams of ephedrine or its salts, optical isomers, or salts of
optical isomers; or pseudoephedrine or its salts, optical
isomers, or salts of optical isomers.
    (c) A retail distributor may not distribute more than 2
targeted packages in a single retail transaction.
    (d) A retail distributor may not permit the purchase of any
targeted package by means of a self-service checkout station,
unless the self-service checkout station is programmed in a
manner that satisfies all of the following conditions for each
retail transaction:
        (1) When a particular customer seeks to purchase a
    single targeted package, the self-service checkout station
    may allow him or her to do so without any special prompts
    or actions.
        (2) If the customer seeks to purchase a second targeted
    package, the self-service checkout station shall not allow
    him or her to purchase the second targeted package without
    the assistance of a sales employee. If the customer then
    seeks the assistance of a sales employee, the sales
    employee may instruct the self-service checkout station to
    allow the sale of the second targeted package.
        (3) If the customer seeks to purchase a third targeted
    package, neither the self-service checkout station nor the
    store employee shall allow him or her to do so.
    (e) A retail distributor, its employees, or its agents may
not distribute any targeted package or packages with knowledge
that they will be used to manufacture methamphetamine or with
reckless disregard of the likely use of such package or
packages to manufacture methamphetamine.
 
    Section 20. Display and sale of single active ingredient
targeted packages. All single active ingredient targeted
packages must be displayed behind a store counter, in an area
not accessible to customers, or in a locked case so that a
customer wanting access to the packages must ask a store
employee for assistance.
 
    Section 25. Display and sale of multiple active ingredient
targeted packages.
    (a) Except as provided in subsection (b), every retail
distributor must treat multiple active ingredient targeted
packages in at least one of the following 4 ways:
        (1) The retail distributor may display the multiple
    active ingredient targeted packages behind a store
    counter, in an area not accessible to customers;
        (2) The retail distributor may display the multiple
    active ingredient targeted packages in a locked case so
    that a customer wanting access to the packages must ask a
    store employee for assistance;
        (3) The retail distributor may (i) require that any
    customer purchasing a targeted package produce a
    state-issued photo identification featuring a photograph
    that reasonably resembles the customer making the
    purchase, and (ii) record the name, issuing state, and
    official identification number of the customer into a log
    specially designed and designated for this purpose; or
        (4) The retail distributor may comply with this Section
    by adopting at least 2 of the following options:
            (A) The retail distributor may keep multiple
        active ingredient targeted packages within 30 feet and
        the direct line of sight of a cash register or store
        counter staffed by one or more store employees.
            (B) The retail distributor may employ a reliable
        anti-theft device that uses special package tags and
        detection alarms designed to prevent the theft of
        multiple active ingredient targeted packages from the
        retail distributor's place of business.
            (C) The retail distributor may utilize restricted
        access shelving so that (i) only one multiple active
        ingredient targeted package can be removed from the
        shelf at a time, and (ii) there is a delay of 15
        seconds or more between the time one such package is
        removed and the time the next such package can be
        removed from the shelf.
            (D) The retail distributor may keep multiple
        active ingredient targeted packages under constant
        video surveillance in a manner that satisfies the
        following conditions:
                (i) A video camera must be positioned so that
            persons examining or removing the packages are
            visible;
                (ii) The video camera must, at a minimum,
            record a one-second image every 10 seconds;
                (iii) These images must be preserved for a
            minimum of 72 hours;
                (iv) These images must be available to law
            enforcement authorities immediately upon request;
            and
                (v) The retail distributor must post a sign in
            a prominent manner stating that the area is under
            constant video surveillance.
    (b) A retail distributor that complies with this Section by
adopting 2 of the options listed in paragraph (4) of subsection
(a) of this Section must implement the first of the 2 chosen
options by the effective date of this Act and the second of the
2 chosen options within 180 days of the effective date of this
Act.
    If the retail distributor's first chosen option is to
employ anti-theft devices as described in clause (a)(4)(B) of
this Section, the retailer shall ensure that special package
tags are affixed to at least 50 percent of the targeted
packages for each targeted stock keeping unit (SKU) by the
effective date of the Act, and that special package tags are
affixed to all targeted packages within 180 days of the
effective date of this Act. If the retail distributor's second
chosen option is to employ anti-theft devices as described in
clause (a)(4)(B) of this Section, the retail distributor shall
ensure that special package tags are affixed to all targeted
packages within 180 days of the effective date of this Act.
 
    Section 30. Training and certification.
    (a) Every retail distributor of any targeted
methamphetamine manufacturing chemical shall train each sales
employee on the topics listed on the certification form
described in subsection (b) of this Section. This training may
be conducted by a live trainer or by means of a computer-based
training program. This training shall be completed by the
effective date of this Act or within 30 days of the date that
each sales employee begins working for the retail distributor,
whichever of these 2 dates comes later.
    (b) Immediately after training each sales employee as
required in subsection (a) of this Section, every retail
distributor of any targeted methamphetamine manufacturing
chemical shall have each sales employee read, sign, and date a
certification form containing the following language:
        (1) My name is (insert name of employee) and I am an
    employee of (insert name of business) at (insert street
    address).
        (2) I understand that in Illinois there are laws
    governing the sale of certain over-the-counter medications
    that contain a chemical called ephedrine or a second
    chemical called pseudoephedrine. Medications that are
    subject to these laws are called "targeted medications" and
    they are sold in "targeted packages".
        (3) I understand that "targeted medications" can be
    used to manufacture the illegal and dangerous drug
    methamphetamine and that methamphetamine is causing great
    harm to individuals, families, communities, the economy,
    and the environment throughout Illinois.
        (4) I understand that under Illinois law, the store
    where I work is not allowed to sell more than 2 "targeted
    packages" in a single retail transaction. That means the
    store cannot sell more than 2 "targeted packages" to a
    single customer at one time.
        (5) I understand that under Illinois law, the store
    where I work cannot allow customers to buy "targeted
    packages" at self-service check-out lanes, except under
    certain conditions which have been described to me.
        (6) I understand that under Illinois law, I cannot sell
    "targeted medications" to a person if I know that the
    person is going to use them to make methamphetamine.
        (7) I understand that there are a number of ingredients
    that are used to make the illegal drug methamphetamine,
    including "targeted medications" sold in "targeted
    packages". My employer has shown me a list of these various
    ingredients, and I have reviewed the list.
        (8) I understand that there are certain procedures that
    I should follow if I suspect that a store customer is
    purchasing "targeted medications" or other products for
    the purpose of manufacturing methamphetamine. These
    procedures have been described to me, and I understand
    them.
    (c) A certification form of the type described in
subsection (b) of this Section may be signed with a handwritten
signature or a reliable electronic signature that includes, a
unique identifier for each employee. The certification shall be
retained by the retail distributor for each sales employee for
the duration of his or her employment and for at least 30 days
following the end of his or her employment. Any such form shall
be made available for inspection and copying by any law
enforcement officer upon request.
    (d) The office of the Illinois Attorney General shall make
available to retail distributors the list of methamphetamine
ingredients referred to in subsection (b) of this Section.
 
    Section 35. Violations.
    (a) An individual who violates any provision of this Act is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a second or subsequent offense.
    (b) Except as provided in subsections (c) and (d) of this
Section, the owner and the operator of a retail distributor
that violates any provision of this Act are guilty of a
business offense and subject to a fine of:
        (1) $500 for a first offense;
        (2) $1,000 for a second offense occurring at the same
    retail location as and within 3 years of the prior offense;
    and
        (3) $5,000 for a third or subsequent offense occurring
    at the same retail location as and within 3 years of the
    prior offenses.
    (c) Any retail distributor that seeks to comply with
subsection (c) of Section 15 of this Act by installing
automated cash register prompts informing sales employees when
the two-package limit described in subsection (c) of Section 15
of this Act has been exceeded shall be subject to all of the
penalties described in subsection (b) of this Section except as
follows: The owner and the operator of a retail distributor
that violates subsection (b) or subsection (c) of Section 30 of
this Act are guilty of a business offense and subject to a fine
of:
        (1) $100 for a first offense;
        (2) $200 for a second offense occurring at the same
    retail location as and within 3 years of the prior offense;
        (3) $500 for a third or subsequent offense occurring at
    the same retail location as and within 3 years of the prior
    offenses;
        (4) $1,000 for a fourth offense occurring at the same
    retail location as and within 3 years of the prior
    offenses; and
        (5) $5,000 for a fifth offense occurring at the same
    retail location as and within 3 years of the prior
    offenses.
    (d) The owner and the operator of a retail distributor are
not liable for any violation of subsection (c) or subsection
(e) of Section 15 of this Act if and only if the owner and the
operator:
        (1) strictly complied with subsections (a), (b), and
    (d) of Section 15 of this Act, Sections 20 and 25 of this
    Act, and subsection (a) of Section 30 of this Act;
        (2) made a good-faith effort to ensure compliance with
    subsections (c) and (e) of Section 15 of this Act;
        (3) made a good-faith effort to comply with subsection
    (b) and subsection (c) of Section 30 of this Act; and
        (4) had no advance knowledge of the violation or
    violations in question and did not act in reckless
    disregard of the likelihood of such violation or
    violations.
 
    Section 40. Defense of Necessity. Conduct which would
otherwise be an offense under this Act is justifiable by reason
of necessity if the accused was without blame in occasioning or
developing the situation and reasonably believed such conduct
was necessary to avoid a public or private injury greater than
the injury which might reasonably result from his or her own
conduct.
 
    Section 45. Immunity from civil liability. In the event
that any agent or employee of a retail distributor reports to
any law-enforcement agency any suspicious activity concerning
a targeted methamphetamine manufacturing chemical or other
methamphetamine ingredient or ingredients, the agent or
employee and the retail distributor itself are immune from
civil liability based on allegations of defamation, libel,
slander, false arrest, or malicious prosecution, or similar
allegations, except in cases of willful or wanton misconduct.
 
    Section 50. Special exclusion. If the United States Drug
Enforcement Administration has formally certified that a
targeted methamphetamine manufacturing chemical has been
produced in a manner that prevents its use for the manufacture
of methamphetamine, this Act does not apply to the sale of the
targeted methamphetamine manufacturing chemical produced in
that manner.
 
    Section 55. Relationship to other laws and rules. Nothing
in this Act shall be construed to conflict with, contradict,
restrict, or in any way limit the enforcement of any federal or
State law or rule, including but not limited to Section 216 of
the Illinois Controlled Substances Act.
 
    Section 60. Preemption and home rule powers.
    (a) Except as provided in subsection (b) of this Section, a
county or municipality, including a home rule unit, may
regulate the sale of targeted methamphetamine manufacturing
chemicals and targeted packages in a manner that is not more or
less restrictive than the regulation by the State under this
Act. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
    (b) Any regulation of the sale of targeted methamphetamine
manufacturing chemicals and targeted packages by a home rule
unit that took effect on or before May 1, 2004, is exempt from
the provisions of subsection (a) of this Section.