00                            HOUSE BILL NO. 167                                                                          
01 "An Act relating to the sale of products containing dextromethorphan."                                                  
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 17.30 is amended by adding a new section to article 1 to read:                                     
04            Sec. 17.30.095. Sale of products containing dextromethorphan. (a) A                                        
05       person may not sell a product containing dextromethorphan to another person unless                                
06                 (1)  the person checks a government-issued photo identification and                                     
07       determines the person is 18 years of age or older; or                                                             
08                 (2)  the person is under the age of 18 and                                                              
09                      (A)  supplies proof that the person                                                                
10                           (i)  has had the disabilities of minority removed under                                       
11                 AS 09.55.590;                                                                                           
12                           (ii)  is married; or                                                                          
13                           (iii)  is the parent of a child; or                                                           
14                      (B)  has a prescription for the product issued by a licensed                                       
15            practitioner.                                                                                                

01            (b)  A person who sells products containing dextromethorphan must clearly                                    
02       mark the products as for sale only to persons 18 years of age or older or by                                      
03       prescription or limit the access of the public to the product by its placement behind a                           
04       counter or by similar means.                                                                                      
05            (c)  A seller, retailer, or vendor does not violate this section if the seller,                              
06       retailer, or vendor proves by a preponderance of the evidence that the seller, retailer,                          
07       or vendor                                                                                                         
08                 (1)  exercised the degree of care of a reasonable employer to ensure                                    
09       compliance with (a) - (c) of this section; and                                                                    
10                 (2)  determined that the employees and agents of the seller, retailer, or                               
11       vendor had been notified of the requirements of this section by                                                   
12                      (A)  securing each employee's or agent's written                                                   
13            acknowledgment of notification of those requirements; or                                                     
14                      (B)  making another appropriate determination.                                                     
15            (d)  A person who recklessly sells a product in violation of (a) of this section or                          
16       recklessly fails to mark or restrict access as required by (b) of this section is guilty of a                     
17       class B misdemeanor.