New York Association
of Convenience Stores
130
Washington Avenue, Suite 300, Albany NY 12210
TELEPHONE: (800) 33-NYACS or (518) 432-1400 FAX:
(518) 432-7400
MEMORANDUM IN OPPOSITION
S.4569 by Senator Hannon
AN ACT to amend the public
health law and the general business law,
in relation to requiring the
behind-the-counter sale of products containing
ephedrine, pseudoephedrine,
or phenylopropanolamine
The New York Association of Convenience Stores is a
private, not-for-profit trade association representing the interests of 6,000
neighborhood mini-marts and convenience stores across the state, many of which
carry cold medications containing pseudoephedrine as a convenience to
their customers.
NYACS-member retailers are cognizant of the mounting
concern over the production of "crystal meth" from precursor products
available over-the-counter. As responsible businesspeople, parents and
citizens, they have voluntarily taken steps to limit quantities and keep a
close eye on inventory.
However, on behalf of our customers, we oppose the
drastic step of requiring all products containing ephedrine, pseudoephedrine
and phenylopropanolamine to be stored either behind a counter in an area
accessible only to employees or in a locked container.
First, convenience stores have no longer have unused
space behind the counter since Senator Hannon's law requiring tobacco products
to be displayed only behind the counter took effect in 2002. If sneezy
customers can't see the cold remedy package, they assume the product is not
available in that store.
Second, customers typically like and need to be able
to read the label on the package before the purchase to select the right
medication (liquid, capsules, gel caps) for their symptoms. S.4569 would deny
them that opportunity.
Given the limited volume of pseudophedrine products
sold by convenience stores, the net result of this legislation could well be
that they would simply stop carrying such products, leaving families in
neighborhoods and communities that have no pharmacy with no immediate access to
such medications.
Accordingly, NYACS respectfully opposes passage of
this legislation.
James
S. Calvin
President,
NYACS
May 16, 2005