WeVote
Log In

Bill

Bill

HD 2975

An Act specifying an electronic system to ensure that sales of certain products containing pseudoephedrine (PSE) do not exceed limits established under federal law

194th Legislature (2025-2026) Introduced by Shirley Arriaga

Establishes a real-time stop-sale system to enforce federal limits on sales of pseudoephedrine/ephedrine, with ID checks, logging, and electronic reporting starting 2026.

0
WeVote Research Nonpartisan
Bill Summary · HD 2975

Comprehensive Summary: Bill HD 2975 (An Act specifying an electronic system to ensure that sales of certain products containing pseudoephedrine (PSE) do not exceed limits established under federal law)

Overview

  • Purpose: Establish a real-time, electronic stop-sale system to ensure sales of nonprescription products containing ephedrine or pseudoephedrine do not exceed federal limits. The bill also sets purchase limits, enhances purchaser verification, and centralizes reporting to a state agency.
  • Scope: Applies to nonprescription products containing pseudoephedrine or ephedrine (base form and isomers); preserves prescription exemptions.
  • Status: Not provided in the summary data. The bill appears in the 2025-2026 General Court documents, with an introduction in early 2025, and proposes statewide implementation starting in 2026.

Key Provisions

Real-Time Stop Sale System

  • Definition: A system used by law enforcement, pharmacies, and other retailers that operates in real time, communicates across states, and adheres to FBI CJIS security policies and National Information Exchange Model standards.
  • Functionality: Prevents completion of a sale that would violate state or federal limits and allows an override by a qualified employee (with the action logged).
  • Accessibility and Cost: Must be installed and maintained free of charge to retailers and the state.

Purchase Limits

  • Limits: Consumers may not purchase more than 3.6 grams per day or 9 grams per 30 days of ephedrine or pseudoephedrine base (or their isomers), calculated by base substance content, not product weight.
  • Application: Applies to retail sales of products containing those substances.

Sale, Handling, and Identification Requirements

  • Behind-the-counter: Nonprescription products containing ephedrine/pseudoephedrine must be kept behind a counter or in a locked case.
  • Identification and Logs: Retailers must require government-issued photo ID, collect purchaser name and address, product details, date/time, ID type/number, and purchaser signature in a logbook.

Electronic Reporting and Oversight

  • Start Date: Beginning January 1, 2026, retailers must electronically submit required information to the real-time stop-sale system (via the state agency, e.g., Department of Public Health) at no cost to retailers.
  • Data Access: State agency and law enforcement have real-time access to system information; vendors must forward state transaction records weekly.
  • Continuity of Records: If a retailer experiences system failure, they must maintain a written or alternative electronic log until compliance resumes.

System Features and Protections

  • Stop-Sale Alerts: The system generates alerts preventing sales that would violate quantity limits.
  • Overrides: An override mechanism exists to prevent harm in emergencies; such overrides must be logged.
  • Immunities: Retailers using the electronic tracking system are generally immune from civil liability for acts performed in compliance, absent negligence or misconduct.

Penalties and Preemption

  • Violations: Misdemeanor with fines up to $1,000 for a first violation and up to $5,000 for subsequent violations.
  • Preemption: The act supersedes local laws or ordinances regulating PSE/ephedrine sales.

Who Is Affected

  • Retailers and wholesalers selling nonprescription products containing pseudoephedrine or ephedrine.
  • Law enforcement and state health/public safety agencies.
  • Consumers purchasing these products.

Timeline and Implementation

  • Electronic reporting requirement begins January 1, 2026, contingent on system availability and no charge to retailers.
  • Ongoing data sharing and real-time access for authorities via the registered system.
  • System design includes cross-state communication and standardized information exchange.

Potential Impacts and Considerations

  • Improves tracking and control of regulated substances at the point of sale.
  • Increases retailer responsibilities (ID verification, log-keeping, electronic submission).
  • Could impose initial compliance burdens on retailers and vendors, with cost-free access mandated by the bill.
  • Promotes consistency with federal limits and federal/state information-sharing standards.

Notes: This summary reflects the bill text provided and focuses on substantive content, impact, and procedural aspects. Status updates or amendments, if any, are not included here.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.