BILL REQ. #: H-4140.2
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/11/14.
AN ACT Relating to dextromethorphan; adding a new chapter to Title 69 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Common carrier" means any person who holds himself or herself
out to the general public as a provider for hire of the transportation
by water, land, or air of merchandise, whether or not the person
actually operates the vessel, vehicle, or aircraft by which the
transportation is provided, between a port or place and a port or place
in the United States.
(2) "Finished drug product" means a drug legally marketed under the
federal food, drug, and cosmetic act, 21 U.S.C. 321 et seq., that is in
finished dosage form.
(3) "Proof of age" means any document issued by a governmental
agency that contains a description or photograph of the person and
gives the person's date of birth, including a passport, military
identification card, or driver's license.
(4) "Unfinished dextromethorphan" means dextromethorphan in any
form, compound, mixture, or preparation that is not a drug in finished
dosage form.
NEW SECTION. Sec. 2 (1) A person making a retail sale of a
finished drug product containing any quantity of dextromethorphan must
require and obtain proof of age from the purchaser before completing
the sale, unless from the purchaser's outward appearance the person
making the sale would reasonably presume the purchaser to be twenty-five years of age or older.
(2) It is unlawful for any:
(a) Commercial entity to knowingly or willfully sell or trade a
finished drug product containing any quantity of dextromethorphan to a
person less than eighteen years of age; or
(b) Person who is less than eighteen years of age to purchase a
finished drug product containing any quantity of dextromethorphan;
(3)(a) Any manufacturer, distributor, or retailer whose employee or
representative, during the course of the employee's or representative's
employment or association with that manufacturer, distributor, or
retailer sells or trades dextromethorphan in violation of subsection
(2)(a) of this section must be given a written warning by a law
enforcement agency for the first offense. For any subsequent offense,
the manufacturer, distributor, or retailer is guilty of a class 1 civil
infraction as provided in RCW 7.80.120, except for any manufacturer,
distributor, or retailer who demonstrates a good faith effort to comply
with the requirements of this chapter.
(b) Any employee or representative of a manufacturer, distributor,
or retailer who, during the course of the employee's or
representative's employment or association with that manufacturer,
distributor, or retailer sells or trades dextromethorphan in violation
of subsection (2)(a) of this section must be given a written warning by
a law enforcement agency for the first offense. For any subsequent
offense, the employee or representative is guilty of a class 1 civil
infraction as provided in RCW 7.80.120.
(c) Any person who purchases dextromethorphan in violation of
subsection (2)(b) of this section must be given a written warning by a
law enforcement agency for the first offense. For any subsequent
offense, the person is guilty of a class 1 civil infraction as provided
in RCW 7.80.120.
NEW SECTION. Sec. 3 The trade association representing
manufacturers of dextromethorphan shall supply to the requesting
licensed retailers an initial list of products containing
dextromethorphan that its members market. This list shall be updated
on an annual basis. The trade association representing manufacturers
of dextromethorphan shall make other reasonable efforts to communicate
the requirements of this act.
NEW SECTION. Sec. 4 (1) Nothing in this chapter is construed to
impose any compliance requirement on a retail entity other than
manually obtaining and verifying proof of age as a condition of sale,
including placement of products in a specific place within a store,
other restrictions on consumers' direct access to finished drug
products, or the maintenance of transaction records.
(2) The provisions of this chapter do not apply to medication
containing dextromethorphan that is sold pursuant to a valid
prescription.
NEW SECTION. Sec. 5 This chapter preempts any ordinance
regulating the sale, distribution, receipt, or possession of
dextromethorphan enacted by a county, city, town, or other political
subdivision of this state, and dextromethorphan is not subject to
further regulation by such subdivisions.
NEW SECTION. Sec. 6 Sections 1 through 5 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 7 This act takes effect July 1, 2015.