Reprinted

February 3, 2004





SENATE BILL No. 368

_____


DIGEST OF SB 368 (Updated February 2, 2004 4:22 pm - DI 104)



Citations Affected: IC 16-18; IC 16-42.

Synopsis: Prohibition on the sale of ephedra. Prohibits selling, offering to sell, or giving away ephedra in Indiana. Makes the unlawful sale of ephedra a Class A misdemeanor. Makes certain exceptions.

Effective: July 1, 2004.





Alting




    January 12, 2004, read first time and referred to Committee on Health and Provider Services.
    January 22, 2004, reported favorably _ Do Pass.
    February 2, 2004, read second time, amended, ordered engrossed.





Reprinted

February 3, 2004

Second Regular Session 113th General Assembly (2004)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 368



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-116.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 116.5. "Ephedra", for purposes of IC 16-42-25, has the meaning set forth in IC 16-42-25-1.
    SECTION 2. IC 16-42-25 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
     Chapter 25. Drugs: Prohibition of the Sale of Ephedra
    Sec. 1. As used in this chapter, "ephedra" means an herb or herbal product that contains any form of ephedrine or ephedrine alkaloids, including:
        (1) ma huang;
        (2) Chinese ephedra;
        (3) Ephedra sinica;
        (4) ephedra herb powder; and
        (5) epitonin;
or any extract of a substance described in subdivisions (1) through

(5).
    Sec. 2. This chapter does not apply to a drug that contains ephedra and that is:
        (1) prescribed or dispensed by a physician licensed under IC 25-22.5 for a purpose other than weight loss, body building, or athletic performance enhancement; or
        (2) approved by the federal Food and Drug Administration as safe and effective for the drug's intended use.
    Sec. 3. A person may not:
        (1) sell;
        (2) offer to sell; or
        (3) give away;
ephedra to an individual or a retailer in Indiana.
    Sec. 4. A person who knowingly or intentionally:
        (1) sells;
        (2) offers to sell; or
        (3) gives away;
ephedra to an individual or a retailer in Indiana commits the unlawful sale of ephedra, a Class A misdemeanor.