RE: S. 1276, THE “METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2008” MEMORANDUM
TO: NDAA BOARD OF DIRECTORS/NAPC PROSECUTOR COORDINATORS
FROM: RHEA ARLEDGE
DATE: SEPTEMBER 30, 2008
RE: S. 1276, THE “METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2008”
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Yesterday the “Methamphetamine Production Prevention Act of 2008” was passed by the House of Representatives by unanimous consent and has been forwarded to the President for his signature. The bill, S. 1276, was passed by the Senate by unanimous consent on September 25th.
On July 30th President Joe Cassilly sent a letter to Senator Durbin (D-IL) in support of the legislation, the goal of which is to create widespread electronic logbook systems for the purchase of ephedrine and pseudoephedrine-containing products. The goal is to connect purchasers, retailers and law enforcement to facilitate the compilation of information and hasten the determination as to the legitimacy of a purchase of ephedrine and pseudoephedrine-containing products.
When the “Combat Methamphetamine Epidemic Act of 2005” was enacted into law as part of the “US PATRIOT Improvement and Reauthorization Act of 2005” restrictions on the sale and purchase of precursor chemicals used in the manufacture of methamphetamine were outlined however the law did not really address the maintenance of electronic logbooks.
The enactment of S. 1276 will require that a purchaser buying a regulated product from a retailer using an electronic logbook will provide a signature in one of three ways:
Signing a device used by the seller that captures signatures in an electronic format. The device must also preserve the signature in a manner that links that particular name to the details of the purchase captured electronically.
Signing a bound paper book which shall include for each purchaser a printed sticker affixed to the paper book at the time of sale and which shows the name of each product sold, the quantity sold, name and address of purchaser, and date and time of purchase or a unique identifier which links the purchase to the signature in the bound paper book or a unique identifier which links the purchase to the information written in the logbook at the time of the sale.
Sign a printed document prepared by the retailer containing the name of each product sold, the quantity sold, name and address of purchaser, and date and time of purchase. The printed document will be preserved in a binder or other secure location.
The seller will be required to enter the information regarding the name of the product and the quantity sold. The information may be captured through electronic means.
Either the purchaser or the seller may enter the name and address of the purchaser, and the date and time of purchase. The seller may use written means or electronic capture to record the data. If the seller enters the information the purchaser must verify that the information is correct and if the purchaser enters the information then the seller must determine that the name entered matches the information on the identification provided and that the date and time are correct.
Logbooks, both electronic and paper, must be maintained for a least 2 years from the date of entry. In addition, both types of logbooks must provide notice to purchasers that providing false information may subject the purchaser to criminal penalties.
The bill, as engrossed by the Senate, is accessible at http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110xYkfrN.
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