,,ii #aacth ,,congress #ast ,session ,s4 #fdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ba1 #bjac ,mr4 ,casey 7for himself and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to prevent the abuse of dextromethorphan1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,abuse of ,cough ,treatments ,act of #bjac or the ,,pact ,act4 #b4 ,sales of over-the-counter drugs containing dextromethorphan 7a7 ,prohibited act ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended by adding at the end the following3 7ccc7 7#a7 7,a7 ,except as provided in subparagraph 7#b71 the sale or offering for sale of a drug containing dextromethorphan to an individual under #ah years of age1 including any such sale using the ,internet1 provided the drug is not subject to section #ejc7;b77#a74 7,b7 ,if a person fails to request identification from an individual under #ah years of age and sells a product containing dextromethorphan to that individual1 that person shall be deemed to have known that the individual was under #ah years of age1 unless from the individual's outward appearance the person making the sale would reasonably presume the individual to be #be years of age or older4 7,c7 ,it shall be an affirmative defense to an alleged violation of clause 7,a7 that the person selling a product containing dextromethorphan examined the purchaser's identification card and1 based on that examination1 that person reasonably concluded that the identification was valid and indicated that the purchaser was not less than #ah years of age4 7#b7 7,a7 ,this paragraph shall not apply to any sale made pursuant to a validly issued prescription4 7,b7 ,this paragraph shall not apply to the sale or offering for sale of a drug containing dextromethorphan to an individual under #ah years of age if such individual supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card4 7#c7 ,in this paragraph1 the term identification card mean an identification card that-- 7,a7 includes a photograph and the date of birth of the individual2 and 7,b7 is issued by a ,state or the ,federal ,government or is considered acceptable for purposes of sections #bgd;a4#b7;b77#a77v77,a7 and #bgd;a4#b7;b77#a77v77,b77#a7 of title #h1 ,code of ,federal ,regulations 7as in effect on or after the date of the enactment of the ,preventing ,abuse of ,cough ,treatments ,act of #bjac74 4 7b7 ,civil penalties ,section #cjc of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7 is amended by adding at the end the following3 7h7 ,notwithstanding subsection 7a71 the following provisions shall apply to violations of section #cja7;ccc73 7#a7 ,a person who violates section #cja7;ccc7 shall-- 7,a7 receive a warning letter from the ,secretary for the first such violation2 and 7,b7 be subject to a civil penalty in an amount-- 7i7 not more than #a1jjj for the second such violation by a person2 7ii7 not more than #b1jjj for the third such violation by a person2 and 7iii7 not more than #e1jjj for the fourth such violation1 or a subsequent such violation1 by a person4 7#b7 ,in determining the amount of a civil penalty under this subsection for a person who is a retailer1 the ,secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations1 such as the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of section #cja7;ccc71 where such program includes-- 7,a7 educating employees regarding products containing dextromethorphan2 7,b7 instruction on the correct method of checking a purchaser's identification card2 and 7,c7 notifying employees of the civil penalties under this subsection4 7#c7 ,if a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location1 for purposes of determining the number of violations by that person under this subsection1 each individual physical location operated by that retailer shall be considered a separate person4 7#d7 ,the ,secretary shall notify persons found to have violated section #cja7;ccc7 as soon as practicable after the ,secretary discovers such violation4 ,such notification shall include details of the violation1 such as-- 7,a7 the date and time of the sale2 7,b7 a sales receipt or credit card receipt documenting the sale2 and 7,c7 the name or description of the employee involved in the sale4 7#e7 ,notwithstanding any other provision of this subsection or section #cja7;ccc71 an employee shall not be subject to penalties under this subsection unless such employee knowingly and willfully participates in a conspiracy to violate section #cja7;ccc74 ,for purposes of this paragraph1 a conspiracy shall consist of an agreement between two or more persons with the intent to violate section #cja7;ccc7 and the commission of at least one overt act in furtherance of the agreement4 7#f7 ,in this subsection-- 7,a7 the term employee means an individual who is employed by a retailer in a clerical or other non-managerial position2 and 7,b7 the term retailer means a grocery store1 general merchandise store1 drug store1 pharmacy1 convenience store1 or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use1 both in number of sales and volume of sales1 either directly to walk-in customers or in face-to-face transactions by direct sales4 4 #c4 ,restrictions on distribution of bulk dextromethorphan ,the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba et seq47 is amended-- 7#a7 in section #eja1 by inserting at the end the following3 7k7 ,if it is unfinished dextromethorphan and is possessed1 received1 or distributed in violation of section #ejf;,g4 2 7#b7 by inserting after section #ejf;,f the following3 #ejf;,g4 ,restrictions on the distribution of bulk dextromethorphan 7a7 ,in general ,no person shall-- 7#a7 possess or receive unfinished dextromethorphan1 unless the person is registered under section #eaj or otherwise registered1 licensed1 or approved pursuant to ,federal or ,state law to engage in the practice of pharmacy1 pharmaceutical production1 or manufacture or distribution of drug ingredients2 or 7#b7 distribute unfinished dextromethorphan to any person other than a person registered under section #eaj or otherwise registered1 licensed1 or approved pursuant to ,federal or ,state law to engage in the practice of pharmacy1 pharmaceutical production1 or manufacture or distribution of drug ingredients4 7b7 ,exception for common carriers ,this section does not apply to a common carrier that possesses1 receives1 or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection 7a7 as registered1 licensed1 or approved4 7c7 ,definitions ,in this section3 7#a7 ,the term common carrier means any person that holds itself out to the general public as a provider for hire of the transportation by water1 land1 or air of merchandise1 whether or not the person actually operates the vessel1 vehicle1 or aircraft by which the transportation is provided1 between a port or place and a port or place in the ,united ,states4 7#b7 ,the term unfinished dextromethorphan means dextromethorphan that is not contained in a drug that is in finished dosage form4 2 and 7#c7 by amending section #cjc1 as amended by section #b7;b71 by adding at the end the following3 7i7 ,notwithstanding subsection 7a71 a person who violates section #ejf;,g shall be subject to a civil penalty of not more than #ajj1jjj4 4