AB681: Bill Text

LRB-4618/1

KP:ahe

2017 - 2018 LEGISLATURE

2017 Assembly BILL 681

November 29, 2017 - Introduced by Representatives Kremer, Nygren, Skowronski, Berceau, Subeck, Kuglitsch, Genrich, Spiros, Kolste, Mursau, Fields, Tusler, Ballweg, Novak, Bernier, Ripp and Crowley, cosponsored by Senators Stroebel, Cowles, Olsen, Johnson, Bewley and Petrowski. Referred to Committee on Health.

AB681,1,3 An Act to create 100.70 of the statutes; relating to: prohibiting the sale of dextromethorphan without a prescription to persons under 18 and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides that a drug containing dextromethorphan, which is a common ingredient in over-the-counter cough medicine, may not be sold at retail to a person who is under the age of 18 if that person does not have a prescription order for the drug. The bill also requires a seller to check a form of identification that establishes the age of a person purchasing a drug containing dextromethorphan, unless the seller reasonably believes that the purchaser is at least 25 years old based on the purchaser's outward appearance. A seller who violates these prohibitions is subject to a civil forfeiture of up to $250 for each violation, and a person under the age of 18 who purchases a drug containing dextromethorphan without a prescription order is subject to a civil forfeiture of $50 for each violation.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB681,1 Section 1. 100.70 of the statutes is created to read:

AB681,2,2 100.70 Sale of dextromethorphan to a minor without prescription prohibited. (1) Definitions. In this section:

AB681,2,3 (a) “Drug” has the meaning given in s. 450.01 (10).

AB681,2,4 (b) “Prescription order” has the meaning given in s. 450.01 (21).

AB681,2,7 (2) Prohibitions. (a) No person may sell at retail a drug containing dextromethorphan to a person who is under 18 years of age, unless the sale is pursuant to a prescription order.

AB681,2,12 (b) No person may sell at retail a drug containing dextromethorphan unless the person making the sale receives from the purchaser, at the time of purchase, a form of identification from which the age of the purchaser can be determined, or unless based upon the outward appearance of the purchaser, the person making the sale reasonably presumes that the purchaser is 25 years of age or older.

AB681,2,14 (c) A person who is under 18 years of age may not purchase a drug containing dextromethorphan unless pursuant to a prescription order.

AB681,2,16 (3) Penalties. (a) A person who violates sub. (2) (a) or (b) is subject to a civil forfeiture of not more than $250 for each violation.

AB681,2,18 (b) A person who violates sub. (2) (c) is subject to a civil forfeiture of $50 for each violation.

AB681,2 Section 2. Effective date.

AB681,2,21 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB681,2,22 (End)