State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_400

Reports required, exceptions, penalties--person, defined--list ofregulated chemicals--applicability exclusions.

195.400. 1. As used in sections 195.400 to 195.425 the term "person"means any individual, corporation, government or governmental subdivisionor agency, business trust, estate, trust, partnership or association, orany other legal entity.

2. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any of the following substances to anyperson shall submit to the department of health and senior services areport, as prescribed by the department of health and senior services, ofall such transactions:

(1) Anthranilic acid, its esters and its salts;

(2) Benzyl cyanide;

(3) Ergotamine and its salts;

(4) Ergonovine and its salts;

(5) N-Acetylanthranilic acid, its esters and its salts;

(6) Phenylacetic acid, its esters and its salts;

(7) Piperidine and its salts;

(8) 3,4,-Methylenedioxyphenyl-2-propanone;

(9) Acetic anhydride;

(10) Acetone;

(11) Benzyl Chloride;

(12) Ethyl ether;

(13) Hydriodic acid;

(14) Potassium permanganate;

(15) 2-Butanone (or Methyl Ethyl Ketone or MEK);

(16) Toluene;

(17) Ephedrine, its salts, optical isomers, and salts of opticalisomers;

(18) Norpseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(19) Phenylpropanolamine, its salts, optical isomers, and salts ofoptical isomers;

(20) Pseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(21) Methylamine and its salts;

(22) Ethylamine and its salts;

(23) Propionic anhydride;

(24) Isosafrole;

(25) Safrole;

(26) Piperonal;

(27) N-Methylephedrine, its salts, optical isomers and salts ofoptical isomers;

(28) N-Methylpseudoephedrine, its salts, optical isomers and salts ofoptical isomers;

(29) Benzaldehyde;

(30) Nitroethane;

(31) Methyl Isobutyl Ketone (MIBK);

(32) Sulfuric acid;

(33) Iodine;

(34) Red phosphorous;

(35) Gamma butyrolactone;

(36) 1,4 Butanediol.

3. The chemicals listed or to be listed in the schedule in subsection2 of this section are included by whatever official, common, usual,chemical, or trade name designated.

4. The department of health and senior services by rule or regulationmay add substances to or delete substances from subsection 2 of thissection in the manner prescribed pursuant to section 195.017, if suchsubstance is a component of or may be used to produce a controlledsubstance.

5. Any manufacturer, wholesaler, retailer or other person shall,prior to selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section to a person within this state,require such person to give proper identification. For the purposes ofthis section "proper identification" means:

(1) A motor vehicle operator's license or other official state-issuedidentification which includes the residential or mailing address of theperson, other than a post office box number; or

(2) A letter of authorization from the business to which any of thesubstances listed in subsection 2 of this section are being transferred,which shall include the address of the business and business license numberif the business is required to have a license number; and

(3) A full description of how the substance is to be used; and

(4) The signature of the person to whom such substances aretransferred.

The person selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section shall affix his signature, to thedocument which evidences that a sale or transfer has been made, as awitness to the signature and proper identification of the person purchasingsuch substance.

6. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any substance listed in subsection 2 ofthis section to a person shall keep records and inventories of all suchchemicals in conformance with the record-keeping and inventory requirementsof federal law, and in accordance with any additional regulations of thedepartment of health and senior services.

7. The department of health and senior services is authorized toinspect the establishment of a registrant or applicant in accordance withthe provisions of sections 195.005 to 195.425.

8. This section shall not apply to any of the following:

(1) Any pharmacist, pharmacy, or other authorized person who sells orfurnishes a substance listed in subsection 2 of this section upon theprescription or order of a physician, dentist, podiatrist or veterinarian;

(2) Any physician, optometrist, dentist, podiatrist or veterinarianwho administers, dispenses or furnishes a substance listed in subsection 2of this section to his or her patients within the scope of his or herprofessional practice. Such administration or dispensing shall be recordedin the patient record;

(3) Any sale, transfer, furnishing or receipt of any drug whichcontains any substance listed in subsection 2 of this section and which islawfully sold, transferred, or furnished over the counter without aprescription pursuant to the federal Food, Drug and Cosmetic Act orregulations adopted thereunder.

9. (1) Any violation of subsection 5 of this section shall be aclass D felony.

(2) Any person subject to subsection 6 of this section who does notkeep records or inventory as required or who knowingly documents false orfictitious information shall be guilty of a class D felony and subject to afine not exceeding ten thousand dollars.

(3) Any person who is found guilty a second time of not keepingrecords or inventory as required in subsection 6 of this section or whoknowingly documents false or fictitious information shall be guilty of aclass C felony and subject to a fine not exceeding one hundred thousanddollars.

(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471)

State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_400

Reports required, exceptions, penalties--person, defined--list ofregulated chemicals--applicability exclusions.

195.400. 1. As used in sections 195.400 to 195.425 the term "person"means any individual, corporation, government or governmental subdivisionor agency, business trust, estate, trust, partnership or association, orany other legal entity.

2. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any of the following substances to anyperson shall submit to the department of health and senior services areport, as prescribed by the department of health and senior services, ofall such transactions:

(1) Anthranilic acid, its esters and its salts;

(2) Benzyl cyanide;

(3) Ergotamine and its salts;

(4) Ergonovine and its salts;

(5) N-Acetylanthranilic acid, its esters and its salts;

(6) Phenylacetic acid, its esters and its salts;

(7) Piperidine and its salts;

(8) 3,4,-Methylenedioxyphenyl-2-propanone;

(9) Acetic anhydride;

(10) Acetone;

(11) Benzyl Chloride;

(12) Ethyl ether;

(13) Hydriodic acid;

(14) Potassium permanganate;

(15) 2-Butanone (or Methyl Ethyl Ketone or MEK);

(16) Toluene;

(17) Ephedrine, its salts, optical isomers, and salts of opticalisomers;

(18) Norpseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(19) Phenylpropanolamine, its salts, optical isomers, and salts ofoptical isomers;

(20) Pseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(21) Methylamine and its salts;

(22) Ethylamine and its salts;

(23) Propionic anhydride;

(24) Isosafrole;

(25) Safrole;

(26) Piperonal;

(27) N-Methylephedrine, its salts, optical isomers and salts ofoptical isomers;

(28) N-Methylpseudoephedrine, its salts, optical isomers and salts ofoptical isomers;

(29) Benzaldehyde;

(30) Nitroethane;

(31) Methyl Isobutyl Ketone (MIBK);

(32) Sulfuric acid;

(33) Iodine;

(34) Red phosphorous;

(35) Gamma butyrolactone;

(36) 1,4 Butanediol.

3. The chemicals listed or to be listed in the schedule in subsection2 of this section are included by whatever official, common, usual,chemical, or trade name designated.

4. The department of health and senior services by rule or regulationmay add substances to or delete substances from subsection 2 of thissection in the manner prescribed pursuant to section 195.017, if suchsubstance is a component of or may be used to produce a controlledsubstance.

5. Any manufacturer, wholesaler, retailer or other person shall,prior to selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section to a person within this state,require such person to give proper identification. For the purposes ofthis section "proper identification" means:

(1) A motor vehicle operator's license or other official state-issuedidentification which includes the residential or mailing address of theperson, other than a post office box number; or

(2) A letter of authorization from the business to which any of thesubstances listed in subsection 2 of this section are being transferred,which shall include the address of the business and business license numberif the business is required to have a license number; and

(3) A full description of how the substance is to be used; and

(4) The signature of the person to whom such substances aretransferred.

The person selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section shall affix his signature, to thedocument which evidences that a sale or transfer has been made, as awitness to the signature and proper identification of the person purchasingsuch substance.

6. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any substance listed in subsection 2 ofthis section to a person shall keep records and inventories of all suchchemicals in conformance with the record-keeping and inventory requirementsof federal law, and in accordance with any additional regulations of thedepartment of health and senior services.

7. The department of health and senior services is authorized toinspect the establishment of a registrant or applicant in accordance withthe provisions of sections 195.005 to 195.425.

8. This section shall not apply to any of the following:

(1) Any pharmacist, pharmacy, or other authorized person who sells orfurnishes a substance listed in subsection 2 of this section upon theprescription or order of a physician, dentist, podiatrist or veterinarian;

(2) Any physician, optometrist, dentist, podiatrist or veterinarianwho administers, dispenses or furnishes a substance listed in subsection 2of this section to his or her patients within the scope of his or herprofessional practice. Such administration or dispensing shall be recordedin the patient record;

(3) Any sale, transfer, furnishing or receipt of any drug whichcontains any substance listed in subsection 2 of this section and which islawfully sold, transferred, or furnished over the counter without aprescription pursuant to the federal Food, Drug and Cosmetic Act orregulations adopted thereunder.

9. (1) Any violation of subsection 5 of this section shall be aclass D felony.

(2) Any person subject to subsection 6 of this section who does notkeep records or inventory as required or who knowingly documents false orfictitious information shall be guilty of a class D felony and subject to afine not exceeding ten thousand dollars.

(3) Any person who is found guilty a second time of not keepingrecords or inventory as required in subsection 6 of this section or whoknowingly documents false or fictitious information shall be guilty of aclass C felony and subject to a fine not exceeding one hundred thousanddollars.

(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C195 > 195_400

Reports required, exceptions, penalties--person, defined--list ofregulated chemicals--applicability exclusions.

195.400. 1. As used in sections 195.400 to 195.425 the term "person"means any individual, corporation, government or governmental subdivisionor agency, business trust, estate, trust, partnership or association, orany other legal entity.

2. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any of the following substances to anyperson shall submit to the department of health and senior services areport, as prescribed by the department of health and senior services, ofall such transactions:

(1) Anthranilic acid, its esters and its salts;

(2) Benzyl cyanide;

(3) Ergotamine and its salts;

(4) Ergonovine and its salts;

(5) N-Acetylanthranilic acid, its esters and its salts;

(6) Phenylacetic acid, its esters and its salts;

(7) Piperidine and its salts;

(8) 3,4,-Methylenedioxyphenyl-2-propanone;

(9) Acetic anhydride;

(10) Acetone;

(11) Benzyl Chloride;

(12) Ethyl ether;

(13) Hydriodic acid;

(14) Potassium permanganate;

(15) 2-Butanone (or Methyl Ethyl Ketone or MEK);

(16) Toluene;

(17) Ephedrine, its salts, optical isomers, and salts of opticalisomers;

(18) Norpseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(19) Phenylpropanolamine, its salts, optical isomers, and salts ofoptical isomers;

(20) Pseudoephedrine, its salts, optical isomers, and salts ofoptical isomers;

(21) Methylamine and its salts;

(22) Ethylamine and its salts;

(23) Propionic anhydride;

(24) Isosafrole;

(25) Safrole;

(26) Piperonal;

(27) N-Methylephedrine, its salts, optical isomers and salts ofoptical isomers;

(28) N-Methylpseudoephedrine, its salts, optical isomers and salts ofoptical isomers;

(29) Benzaldehyde;

(30) Nitroethane;

(31) Methyl Isobutyl Ketone (MIBK);

(32) Sulfuric acid;

(33) Iodine;

(34) Red phosphorous;

(35) Gamma butyrolactone;

(36) 1,4 Butanediol.

3. The chemicals listed or to be listed in the schedule in subsection2 of this section are included by whatever official, common, usual,chemical, or trade name designated.

4. The department of health and senior services by rule or regulationmay add substances to or delete substances from subsection 2 of thissection in the manner prescribed pursuant to section 195.017, if suchsubstance is a component of or may be used to produce a controlledsubstance.

5. Any manufacturer, wholesaler, retailer or other person shall,prior to selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section to a person within this state,require such person to give proper identification. For the purposes ofthis section "proper identification" means:

(1) A motor vehicle operator's license or other official state-issuedidentification which includes the residential or mailing address of theperson, other than a post office box number; or

(2) A letter of authorization from the business to which any of thesubstances listed in subsection 2 of this section are being transferred,which shall include the address of the business and business license numberif the business is required to have a license number; and

(3) A full description of how the substance is to be used; and

(4) The signature of the person to whom such substances aretransferred.

The person selling, transferring, or otherwise furnishing any substancelisted in subsection 2 of this section shall affix his signature, to thedocument which evidences that a sale or transfer has been made, as awitness to the signature and proper identification of the person purchasingsuch substance.

6. Any manufacturer, wholesaler, retailer, or other person who sells,transfers, or otherwise furnishes any substance listed in subsection 2 ofthis section to a person shall keep records and inventories of all suchchemicals in conformance with the record-keeping and inventory requirementsof federal law, and in accordance with any additional regulations of thedepartment of health and senior services.

7. The department of health and senior services is authorized toinspect the establishment of a registrant or applicant in accordance withthe provisions of sections 195.005 to 195.425.

8. This section shall not apply to any of the following:

(1) Any pharmacist, pharmacy, or other authorized person who sells orfurnishes a substance listed in subsection 2 of this section upon theprescription or order of a physician, dentist, podiatrist or veterinarian;

(2) Any physician, optometrist, dentist, podiatrist or veterinarianwho administers, dispenses or furnishes a substance listed in subsection 2of this section to his or her patients within the scope of his or herprofessional practice. Such administration or dispensing shall be recordedin the patient record;

(3) Any sale, transfer, furnishing or receipt of any drug whichcontains any substance listed in subsection 2 of this section and which islawfully sold, transferred, or furnished over the counter without aprescription pursuant to the federal Food, Drug and Cosmetic Act orregulations adopted thereunder.

9. (1) Any violation of subsection 5 of this section shall be aclass D felony.

(2) Any person subject to subsection 6 of this section who does notkeep records or inventory as required or who knowingly documents false orfictitious information shall be guilty of a class D felony and subject to afine not exceeding ten thousand dollars.

(3) Any person who is found guilty a second time of not keepingrecords or inventory as required in subsection 6 of this section or whoknowingly documents false or fictitious information shall be guilty of aclass C felony and subject to a fine not exceeding one hundred thousanddollars.

(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471)