Michigan Laws 28.128 – Reliance on and use of information by retailer; immunity from civil liability; disclosure of information; violation as misdemeanor; penalty
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 28.128
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of state police. See Michigan Laws 28.122
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Methamphetamine-related offense: means 1 or more of the following offenses under Michigan law:
(i) A violation or attempted violation of article 7 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 28.122NADDI: means the national association of drug diversion investigators. See Michigan Laws 28.122 NPLEx: means the national precursor log exchange. See Michigan Laws 28.122 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
(1) A person who sells ephedrine or pseudoephedrine at retail may rely on information provided by the department to NADDI under this act for enforcing a stop-sale alert based upon a report of a conviction for a methamphetamine-related offense and, except as provided in subsection (2), is immune from civil liability for the reliance upon and use of that information under this act.
(2) A person shall not intentionally disclose to any person any information that he or she knows was provided under this act, except as authorized under this act. Information provided under this act and information entered in NPLEx under this act is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) A person who discloses information in violation of subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.