HOUSE BILL REPORT

ESB 5105

As Amended by the House

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

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

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (13)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Hargrove, Heavey, Locke, Moyer, Niemi, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE APRIL 1, 1987

BACKGROUND:

There have been several recent deaths in the state from cyanide-laced capsules which have raised concerns regarding the ease with which certain poisons may be obtained.  There is no current requirement to maintain records on the sales of such poisons.

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 photograph 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 other specified statutes are exempted, including those regulated by the Pesticide Control Act, the Pesticide Application Act, the Food, Drug and Cosmetic Act.  Prescription drugs and controlled substances are also exempted.  Drug samples will be excluded with the passage of Engrossed Substitute House Bill 931.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Lars Hennum, Pharmacists of Washington; Don Williams, State Board of Pharmacy.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It will be more difficult for persons with ulterior motives to acquire poisons.  Law enforcement officials should find it easier to investigate tampering if records or poison sales are maintained.

House Committee - Testimony Against:      None Presented.