SENATE BILL REPORT

ESB 5105

BYSenators Warnke, Lee, Smitherman, Garrett, Newhouse, Anderson, Wojahn and Moore

Providing for the licensing of the manufacture and sale of poisons.

Senate Committee on Commerce & Labor

Senate Hearing Date(s):January 14, 1987; January 22, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Anderson, Cantu, Lee, Tanner, Vognild, Williams, Wojahn.

Senate Staff:Bill Lynch (786-7427)

                  April 3, 1987

AS PASSED SENATE, FEBRUARY 2, 1987

BACKGROUND:

The recent deaths in the state from cyanide-laced capsules has raised concern over the ease with which certain poisons may be obtained.  There is no current requirement to maintain records on the sales of such poisons.  Law enforcement officials may find it easier to investigate tampering if records on poison sales were maintained.

SUMMARY:

Any person who sells arsenic, cyanide, strychnine, or any other poison designated by the State Board of Pharmacy as causing violent sickness or death in quantities of sixty grains or less must maintain a poison register.

The seller must record in the poison register: (1) the date and hour of the sale; (2) the name and address of the purchaser; (3) the kind and quantity of poison sold; and (4) the purpose for which the poison is sold.  The purchaser must show the seller identification that contains the purchaser's photo and signature. The purchaser and seller must both sign the poison register entry.

Each poison register must be preserved for at least two years after the last entry and is subject to inspection by law enforcement and health officials.

Any person making a false representation to a seller when purchasing a poison is guilty of a gross misdemeanor.  Any person who fails to maintain the poison register as required is guilty of a misdemeanor.

The State Board of Pharmacy is directed to establish an annual licensing procedure for everyone who manufactures or sells poisons within the state after consulting with the Department of Licensing.  Any person who manufactures or sells poison within the state without a license is guilty of a misdemeanor.

Substances which are regulated under the Pesticide Control Act or the Pesticide Application Act are exempted from the bill.

Fiscal Note:      none requested

Senate Committee - Testified: Don Williams, Board of Pharmacy; Lars Hennum, State Pharmacists Association

HOUSE AMENDMENT:

A technical amendment is added to exclude substances already regulated by the State Board of Pharmacy.