(1) VERIFICATION SYSTEM.—Section 301 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331) is amended by adding at the end the following: 
‘‘(eee) The failure of a retailer (as defined in section 
506H) that offers for sale in interstate commerce covered 
drugs (as defined in section 506H) to have a verification 
system as required by section 506H (relating to sales of 
over-the-counter drugs containing dextromethorphan).’’. 
(2) IDENTIFIER
FOR
ELECTRONIC
POINT
OF 
SALE SYSTEM; ACTIVE INGREDIENTS.—Section 301 
of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 331), as amended by paragraph (1), is fur-
ther amended by adding at the end the following: 
‘‘(fff) The introduction or delivery for introduction 
into interstate commerce of any covered drug (as defined 
in section 506H) whose labeling does not include— 
‘‘(1) a universal product code, universal product 
number, bar code, or similar identifier to allow an 
electronic point of sale system to recognize that the 
sale of the covered drug is prohibited to those under 
the age of 18; and 
‘‘(2) the established name of each active ingre-
dient of the covered drug within the first panel of 
the drug facts labeling required by section 201.66(c) 
of title 21, Code of Federal Regulations (or any suc-
VerDate Sep 11 2014 
21:58 Mar 06, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1271.IH
H1271
srobinson on DSK5SPTVN1PROD with BILLS
cessor regulations), in no smaller than 6-point 
type.’’. 
(b) VERIFICATION SYSTEM.—The Federal Food, 
Drug, and Cosmetic Act is amended by inserting after sec-
tion 506G of such Act (21 U.S.C. 356g) the following: 
‘‘SEC. 506H. SALES OF OVER-THE-COUNTER DRUGS CON-
TAINING DEXTROMETHORPHAN. 
‘‘(a) VERIFICATION SYSTEM.—Any retailer selling or 
offering for sale in interstate commerce a covered drug 
shall have a verification system in accordance with this 
section that is intended to ensure that no individual who 
purchases a covered drug from the retailer is under 18 
years of age. Such a system shall be set up to prompt 
a retailer to examine a purchaser’s identification card. 
‘‘(b) MEANS USED TO ENSURE COMPLIANCE.—A 
verification system under subsection (a) may ensure com-
pliance with this section by any of, or any combination 
of, the following means: 
‘‘(1) An electronic point-of-sale system that is 
coded— 
‘‘(A) to prompt for verification of the age 
of purchasers of covered drugs; and 
‘‘(B) to deny sales of covered drugs to 
those under the age of 18. 
VerDate Sep 11 2014 
21:58 Mar 06, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1271.IH
H1271
srobinson on DSK5SPTVN1PROD with BILLS
‘‘(2) Training manuals, materials, or programs 
that instruct employees— 
‘‘(A) to verify the age of purchasers of cov-
ered drugs; and 
‘‘(B) to deny sales of covered drugs to 
those under the age of 18. 
‘‘(3) Signage in and around the sales counter 
outlining the age restriction on sales of covered 
drugs. 
‘‘(4) Designating one on-duty employee to ap-
prove sales of covered drugs. 
‘‘(5) Any other verification measure adopted by 
a retailer that is designed to ensure that a purchaser 
of a covered drug is not under 18 years of age if, 
based on an examination of the purchaser’s identi-
fication card, the retailer reasonably concludes the 
identification card is valid and indicates the pur-
chaser is not under 18 years of age. 
‘‘(c) EXCEPTIONS.— 
‘‘(1) INDIVIDUALS OVER 26.—A verification sys-
tem 
under 
subsection 
(a) 
need 
not 
require 
verification of the age of any individual over the age 
of 26. 
‘‘(2) VALID PRESCRIPTION.—A verification sys-
tem under subsection (a) need not apply to any sale 
VerDate Sep 11 2014 
22:36 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1271.IH
H1271
srobinson on DSK5SPTVN1PROD with BILLS
made by a retailer that is a pharmacy pursuant to 
a validly issued prescription. 
‘‘(3) VALID MILITARY IDENTIFICATION CARD.— 
A verification system under subsection (a) need not 
apply to any sale to an individual who supplies proof 
at the time of such sale that such individual is ac-
tively enrolled in the military and presents a valid 
military identification card. 
‘‘(d) ENFORCEMENT.—In carrying out this section, 
the Secretary shall coordinate with State entities that reg-
ulate retailers, as designated by the State, to perform ac-
tivities to ensure compliance with this section, including 
providing for appropriate investigation of complaints re-
lated to violations of this section. 
‘‘(e) COMPLIANCE WITH STATE SYSTEM.—If a State 
has a law under which a retailer in the State is required 
to have a system that ensures that no individual who pur-
chases a covered drug from the retailer is under 18 years 
of age, the Secretary shall treat any such retailer in the 
State that is in compliance with such law as having a 
verification system as required by this section, including 
for purposes of sections 301(eee) and 303(h). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered drug’— 
‘‘(A) means a drug that— 
VerDate Sep 11 2014 
22:36 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1271.IH
H1271
srobinson on DSK5SPTVN1PROD with BILLS
‘‘(i) contains dextromethorphan; and 
‘‘(ii) 
is 
not 
subject 
to 
section 
503(b)(1); and 
‘‘(B) excludes any drug that is packaged in 
packets or pouches and contains 2 or fewer 
maximum adult doses of dextromethorphan as 
allowable under section 341.74 of title 21, Code 
of Federal Regulations (or any successor regu-
lations). 
‘‘(2) The term ‘identification card’ means an 
identification card that— 
‘‘(A) includes a photograph and the date of 
birth of the individual; and 
‘‘(B) is issued by a State or the Federal 
Government or is considered acceptable for pur-
poses 
of 
sections 
274a.2(b)(1)(v)(A) 
and 
274a.2(b)(1)(v)(B)(1) of title 8, Code of Fed-
eral Regulations (including any successor regu-
lations). 
‘‘(3) The term ‘retailer’ means— 
‘‘(A) a grocery store, general merchandise 
store, drug store, pharmacy, convenience store, 
or other entity whose activities as a seller of 
covered drugs containing dextromethorphan are 
limited almost exclusively to sales for personal 
VerDate Sep 11 2014 
22:36 Mar 03, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1271.IH
H1271
srobinson on DSK5SPTVN1PROD with BILLS