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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| manufacturing chemicals". "Targeted methamphetamine |
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| manufacturing chemical" means any medication in the form of a |
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| tablet, capsule, caplet, or similar product that is sold over |
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| the counter, without a prescription, and that contains either |
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| (A) more than 15 milligrams of ephedrine or its salts, optical |
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| isomers, or salts of optical isomers or
(B) more than 15 |
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| milligrams of pseudoephedrine or its salts, optical isomers, or |
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| salts of optical isomers.
"Targeted methamphetamine |
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| manufacturing chemical" does not include any medication in the |
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| form of a liquid, liquid cap, gel cap, or other similar |
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| substance, or any medication dispensed by a licensed pharmacist |
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| pursuant to a valid prescription. |
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| "Package" means an item packaged and marked for retail sale |
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| that is not designed to be further broken down or subdivided |
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| for the purpose of retail sale.
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| "Targeted package" means a package containing any amount of |
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| a targeted methamphetamine manufacturing chemical. |
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| "Single active ingredient targeted methamphetamine |
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| manufacturing chemical" means a targeted methamphetamine |
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| manufacturing chemical whose sole active ingredient is |
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| ephedrine or its salts, optical isomers, or salts of optical |
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| isomers; or pseudoephedrine or its salts, optical isomers, or |
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| salts of optical isomers.
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| "Single active ingredient targeted package" means a |
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| package containing any amount of single active ingredient |
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| targeted methamphetamine manufacturing chemical.
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| "Multiple active ingredient targeted methamphetamine |
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| manufacturing chemical" means a targeted methamphetamine |
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| manufacturing chemical that contains at least one active |
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| ingredient other than ephedrine or its salts, optical isomers, |
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| or salts of optical isomers; or pseudoephedrine or its salts, |
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| optical isomers, or salts of optical isomers. |
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| "Multiple active ingredient targeted package" means a |
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| package containing any amount of multiple active ingredient |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| targeted methamphetamine manufacturing chemical. |
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| "Stock keeping unit" or "SKU" means the primary or basic |
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| unit of measure assigned to an item sold by a retail |
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| distributor and the smallest unit of an item that may be |
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| dispensed from a retail distributor's inventory. |
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| "Targeted stock keeping unit" means a stock keeping unit |
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| assigned to a targeted package.
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| "Blister pack" means a unit dose package commonly |
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| constructed from a formed cavity containing one or more |
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| individual doses.
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| "Capsule" means a solid dosage form in which a medicinal |
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| substance is enclosed and consisting of either a hard or soft |
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| soluble outer shell.
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| "Customer" means a person who buys goods from a retail |
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| distributor.
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| "Distribute" means to sell, give, provide or otherwise |
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| transfer.
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| "Dosage unit" means an exact amount of a drug's treatment |
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| pre-packaged by the manufacturer or pharmacist in standardized |
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| amounts.
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| "Sales employee" means any employee who at any time (a) |
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| operates a cash register at which targeted packages may be |
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| sold, (b) works at or behind a pharmacy counter, (c) stocks |
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| shelves containing targeted packages, or (d) trains or |
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| supervises other employees who engage in any of the preceding |
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| activities. |
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| "Tablet" means a solid dosage form of varying weight, size, |
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| and shape that may be molded or compressed and that contains a |
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| medicinal substance in pure or diluted form. |
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| "Single retail transaction" means a sale by a retail |
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| distributor to a specific customer at a specific time.
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| "Retail distributor" means a grocery store, general |
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| merchandise store, drug store, other merchandise store, or |
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| other entity or person whose activities as a distributor |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| relating to drug products containing targeted methamphetamine |
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| manufacturing chemicals are limited exclusively or almost |
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| exclusively to sales for personal use, both in number of sales |
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| and volume of sales, either directly to walk-in customers or in |
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| face-to-face transactions by direct sales.
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| Section 15. Package sale restrictions. |
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| (a) Any targeted methamphetamine manufacturing chemical |
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| displayed or distributed by any retail distributor in Illinois |
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| shall be packaged in blister packs, with each blister |
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| containing not more than 2 dosage units, or when the use of |
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| blister packs is technically infeasible, in unit dose packets |
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| or pouches.
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| (b) Any targeted package displayed or distributed by any |
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| retail distributor in Illinois shall contain no more than 3 |
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| grams of ephedrine or its salts, optical isomers, or salts of |
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| optical isomers; or pseudoephedrine or its salts, optical |
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| isomers, or salts of optical isomers.
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| (c) A retail distributor may not distribute more than 2 |
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| targeted packages in a single retail transaction.
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| (d) A retail distributor may not permit the purchase of any |
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| targeted package by means of a self-service checkout station,
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| unless the self-service checkout station is programmed in a |
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| manner that satisfies all of the following conditions for each |
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| retail transaction:
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| (1) When a particular customer seeks to purchase a |
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| single targeted package, the self-service checkout station |
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| may allow him or her to do so without any special prompts |
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| or actions.
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| (2) If the customer seeks to purchase a second targeted |
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| package, the self-service checkout station shall not allow |
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| him or her to purchase the second targeted package without |
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| the assistance of a sales employee. If the customer then |
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| seeks the assistance of a sales employee, the sales |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| employee may instruct the self-service checkout station to |
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| allow the sale of the second targeted package.
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| (3) If the customer seeks to purchase a third targeted |
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| package, neither the self-service checkout station nor the |
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| store employee shall allow him or her to do so.
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| (e) A retail distributor, its employees, or its agents may |
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| not distribute any targeted package or packages with knowledge |
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| that they will be used to manufacture methamphetamine or with |
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| reckless disregard of the likely use of such package or |
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| packages to manufacture methamphetamine.
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| Section 20. Display and sale of single active ingredient |
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| targeted packages.
All single active ingredient targeted |
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| packages must be displayed behind a store counter, in an area |
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| not accessible to customers, or in a locked case so that a |
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| customer wanting access to the packages must ask a store |
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| employee for assistance. |
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| Section 25. Display and sale of multiple active ingredient |
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| targeted packages.
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| (a) Except as provided in subsection (b), every retail |
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| distributor must treat multiple active ingredient targeted |
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| packages in at least one of the following 4 ways:
|
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| (1) The retail distributor may display the multiple |
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| active ingredient targeted packages behind a store |
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| counter, in an area not accessible to customers;
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| (2) The retail distributor may display the multiple |
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| active ingredient targeted packages in a locked case so |
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| that a customer wanting access to the packages must ask a |
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| store employee for assistance; |
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| (3) The retail distributor may (i) require that any |
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| customer purchasing a targeted package produce a |
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| state-issued photo identification featuring a photograph |
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| that reasonably resembles the customer making the |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| purchase, and (ii) record the name, issuing state, and |
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| official identification number of the customer into a log |
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| specially designed and designated for this purpose; or |
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| (4) The retail distributor may comply with this Section |
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| by adopting at least 2 of the following options: |
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| (A) The retail distributor may keep multiple |
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| active ingredient targeted packages within 30 feet and |
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| the direct line of sight of a cash register or store |
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| counter staffed by one or more store employees. |
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| (B) The retail distributor may employ a reliable |
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| anti-theft device that uses special package tags and |
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| detection alarms designed to prevent the theft of |
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| multiple active ingredient targeted packages from the |
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| retail distributor's place of business. |
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| (C) The retail distributor may utilize restricted |
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| access shelving so that (i) only one multiple active |
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| ingredient targeted package can be removed from the |
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| shelf at a time, and (ii) there is a delay of 15 |
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| seconds or more between the time one such package is |
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| removed and the time the next such package can be |
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| removed from the shelf. |
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| (D) The retail distributor may keep multiple |
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| active ingredient targeted packages under constant |
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| video surveillance in a manner that satisfies the |
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| following conditions: |
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| (i) A video camera must be positioned so that |
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| persons examining or removing the packages are |
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| visible; |
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| (ii) The video camera must, at a minimum, |
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| record a one-second image every 10 seconds; |
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| (iii) These images must be preserved for a |
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| minimum of 72 hours;
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| (iv) These images must be available to law |
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| enforcement authorities immediately upon request; |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| and
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| (v) The retail distributor must post a sign in |
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| a prominent manner stating that the area is under |
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| constant video surveillance. |
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| (b) A retail distributor that complies with this Section by |
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| adopting 2 of the options listed in
paragraph (4) of subsection |
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| (a) of this Section must implement the first of the 2 chosen |
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| options by the effective date of this Act and the second of the |
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| 2 chosen options within 180 days of the
effective date of this |
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| Act. |
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| If the retail distributor's first chosen option is to |
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| employ anti-theft devices as described in clause (a)(4)(B) of |
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| this Section, the retailer shall ensure that special package |
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| tags are affixed to at least 50 percent of the targeted |
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| packages for each targeted stock keeping unit (SKU) by the |
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| effective date of the Act, and that special package tags are |
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| affixed to all targeted packages within 180 days of the |
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| effective date of this Act. If the retail distributor's second |
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| chosen option is to employ anti-theft devices as described in |
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| clause (a)(4)(b) of this Section, the retail distributor shall |
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| ensure that special package tags are affixed to all targeted |
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| packages within 180 days of the effective date of this Act. |
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| Section 30. Training and certification. |
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| (a) Every retail distributor of any targeted |
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| methamphetamine manufacturing chemical shall train each sales |
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| employee on the topics listed on the certification form |
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| described in subsection (b) of this Section. This training may |
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| be conducted by a live trainer or by means of a computer-based |
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| training program. This training shall be completed by the |
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| effective date of this Act or within 30 days of the date that |
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| each sales employee begins working for the retail distributor, |
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| whichever of these 2 dates comes later. |
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| (b) Immediately after training each sales employee as |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| required in subsection (a) of this Section, every retail |
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| distributor of any targeted methamphetamine manufacturing |
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| chemical shall have each sales employee read, sign, and date a |
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| certification form containing the following language:
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| (1)
My name is (insert name of employee) and I am an |
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| employee of (insert name of business) at (insert street |
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| address).
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| (2) I understand that in Illinois there are laws |
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| governing the sale of certain over-the-counter medications |
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| that contain a chemical called ephedrine or a second |
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| chemical called pseudoephedrine. Medications that are |
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| subject to these laws are called "targeted medications" and |
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| they are sold in "targeted packages". |
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| (3) I understand that "targeted medications" can be |
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| used to manufacture the illegal and dangerous drug |
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| methamphetamine and that methamphetamine is causing great |
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| harm to individuals, families, communities, the economy, |
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| and the environment throughout Illinois. |
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| (4) I understand that under Illinois law, the store |
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| where I work is not allowed to sell more than 2 "targeted |
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| packages" in a single retail transaction. That means the |
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| store cannot sell more than 2 "targeted packages" to a |
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| single customer at one time.
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| (5) I understand that under Illinois law, the store |
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| where I work cannot allow customers to buy "targeted |
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| packages" at self-service check-out lanes, except under |
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| certain conditions which have been described to me. |
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| (6) I understand that under Illinois law, I cannot sell |
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| "targeted medications" to a person if I know that the |
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| person is going to use them to make methamphetamine. |
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| (7) I understand that there are a number of ingredients |
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| that are used to make the illegal drug methamphetamine, |
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| including "targeted medications" sold in "targeted |
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| packages." My employer has shown me a list of these various |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| ingredients, and I have reviewed the list.
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| (8) I understand that there are certain procedures that |
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| I should follow if I suspect that a store customer is |
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| purchasing "targeted medications" or other products for |
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| the purpose of manufacturing methamphetamine. These |
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| procedures have been described to me, and I understand |
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| them.
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| (c) A certification form of the type described in |
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| subsection (b) of this Section may be signed with a handwritten |
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| signature or a reliable electronic signature that includes, a |
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| unique identifier for each employee. The certification shall be |
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| retained by the retail distributor for each sales employee for |
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| the duration of his or her employment and for at least 30 days |
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| following the end of his or her employment. Any such form shall |
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| be made available for inspection and copying by any law |
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| enforcement officer upon request. |
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| (d) The office of the Illinois Attorney General shall make |
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| available to retail distributors the list of methamphetamine |
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| ingredients referred to in subsection (b) of this Section. |
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| Section 35. Violations. |
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| (a) An individual who violates any provision of this Act is |
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| guilty of a Class A misdemeanor for a first offense and a Class |
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| 4 felony for a second or subsequent offense. |
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| (b) Except as provided in subsections (c) and (d) of this |
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| Section, the owner and the operator of a retail distributor |
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| that violates any provision of this Act are guilty of a |
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| business offense and subject to a fine of: |
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| (1) $500 for a first offense; |
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| (2) $1,000 for a second offense occurring at the same |
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| retail location as and within 3 years of the prior offense; |
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| and |
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| (3) $5,000 for a third or subsequent offense occurring |
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| at the same retail location as and within 3 years of the |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| prior offenses.
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| (c) Any retail distributor that seeks to comply with |
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| subsection (c) of Section 15 of this Act by installing |
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| automated cash register prompts informing sales employees when |
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| the two-package limit described in subsection (c) of Section 15 |
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| of this Act has been exceeded shall be subject to all of the |
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| penalties described in subsection (b) of this Section except as |
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| follows: The owner and the operator of a retail distributor |
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| that violates subsection (b) or subsection (c) of Section 30 of |
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| this Act are guilty of a business offense and subject to a fine |
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| of: |
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| (1) $100 for a first offense; |
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| (2) $200 for a second offense occurring at the same |
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| retail location as and within 3 years of the prior offense; |
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| (3) $500 for a third or subsequent offense occurring at |
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| the same retail location as and within 3 years of the prior |
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| offenses; |
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| (4) $1,000 for a fourth offense occurring at the same |
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| retail location as and within 3 years of the prior |
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| offenses; and |
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| (5) $5,000 for a fifth offense occurring at the same |
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| retail location as and within 3 years of the prior |
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| offenses. |
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| (d) The owner and the operator of a retail distributor are |
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| not liable for any violation of subsection (c) or subsection |
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| (e) of Section 15 of this Act if and only if the owner and the |
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| operator: |
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| (1) strictly complied with subsections (a), (b), and |
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| (d) of Section 15 of this Act, Sections 20 and 25 of this |
30 |
| Act, and subsection (a) of Section 30 of this Act; |
31 |
| (2) made a good-faith effort to ensure compliance with |
32 |
| subsections (c) and (e) of Section 15 of this Act; |
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| (3) made a good-faith effort to comply with subsection |
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| (b) and subsection (c) of Section 30 of this Act; and |
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09300SB2244ham001 |
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LRB093 15862 RLC 51097 a |
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| (4) had no advance knowledge of the violation or |
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| violations in question and did not act in reckless |
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| disregard of the likelihood of such violation or |
4 |
| violations. |
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| Section 40. Defense of Necessity. Conduct which would |
6 |
| otherwise be an offense under this Act is justifiable by reason |
7 |
| of necessity if the accused was without blame in occasioning or |
8 |
| developing the situation and reasonably believed such conduct |
9 |
| was necessary to avoid a public or private injury greater than |
10 |
| the injury which might reasonably result from his or her own |
11 |
| conduct. |
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| Section 45. Immunity from civil liability. In the event |
13 |
| that any agent or employee of a retail distributor reports to |
14 |
| any law-enforcement agency any suspicious activity concerning |
15 |
| a targeted methamphetamine manufacturing chemical or other |
16 |
| methamphetamine ingredient or ingredients, the agent or |
17 |
| employee and the retail distributor itself are immune from |
18 |
| civil liability based on allegations of defamation, libel, |
19 |
| slander, false arrest, or malicious prosecution, or similar |
20 |
| allegations, except in cases of willful or wanton misconduct. |
21 |
| Section 50. Special exclusion. If the United States Drug |
22 |
| Enforcement Administration has formally certified that a |
23 |
| targeted methamphetamine manufacturing chemical has been |
24 |
| produced in a manner that prevents its use for the manufacture |
25 |
| of methamphetamine, this Act does not apply to the sale of the |
26 |
| targeted methamphetamine manufacturing chemical produced in |
27 |
| that manner.
|
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| Section 55. Relationship to other laws and rules. Nothing |
29 |
| in this Act shall be construed to conflict with, contradict, |
30 |
| restrict, or in any way limit the enforcement of any federal or |
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09300SB2244ham001 |
- 12 - |
LRB093 15862 RLC 51097 a |
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| State law or rule, including but not limited to Section 216 of |
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| the Illinois Controlled Substances Act.
|
3 |
| Section 60. Preemption and home rule powers. |
4 |
| (a) Except as provided in subsection (b) of this Section, a |
5 |
| county or municipality, including a home rule unit, may |
6 |
| regulate the sale of targeted methamphetamine manufacturing |
7 |
| chemicals and targeted packages in a manner that is not more or |
8 |
| less restrictive than the regulation by the State under this |
9 |
| Act. This Section is a limitation under subsection (i) of |
10 |
| Section 6 of Article VII of the Illinois Constitution on the |
11 |
| concurrent exercise by home rule units of the powers and |
12 |
| functions exercised by the State. |
13 |
| (b) Any regulation of the sale of targeted methamphetamine |
14 |
| manufacturing chemicals and targeted packages by a home rule |
15 |
| unit that took effect on or before May 1, 2004, is exempt from |
16 |
| the provisions of subsection (a) of this Section.".
|