_______________________________________________

                                          ENGROSSED SENATE BILL NO. 5105

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                                            C 034 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Warnke, Lee, Smitherman, Garrett, Newhouse, Anderson, Wojahn and Moore

Read first time 1/15/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to poisons; amending RCW 16.52.193; adding a new chapter to Title 69 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     As used in this chapter "poison" means:

          (1) Arsenic and its preparations;

          (2) Cyanide and its preparations, including hydrocyanic acid;

          (3) Strychnine; and

          (4) Any other substance designated by the state board of pharmacy which, when introduced into the human body in quantities of sixty grains or less, causes violent sickness or death.

NEW SECTION. Sec. 2.     All substances regulated under chapters 15.58, 17.21, 69.04, 69.41, and 69.50 RCW, and chapter _____ (Engrossed Substitute House Bill No. 931), Laws of 1987 are exempt from the provisions of this chapter.

NEW SECTION. Sec. 3.     It is unlawful for any person, either on the person's own behalf or while an employee of another, to sell any poison without first recording in ink in a "poison register" kept solely for this purpose the following information:

          (1) The date and hour of the sale;

          (2) The full name and home address of the purchaser;

          (3) The kind and quantity of poison sold; and

          (4) The purpose for which the poison is being purchased.

          The purchaser shall present to the seller identification which contains the purchaser's photograph and signature.  No sale may be made unless the seller is satisfied that the purchaser's representations are true and that the poison will be used for a lawful purpose.  Both the purchaser and the seller shall sign the poison register entry.

NEW SECTION. Sec. 4.     Every poison register shall be open for inspection by law enforcement and health officials at all times and shall be preserved for at least two years after the date of the last entry.  Any person failing to maintain the poison register as required in this chapter is guilty of a misdemeanor.

NEW SECTION. Sec. 5.     Any person making any false representation to a seller when purchasing a poison is guilty of a gross misdemeanor.

NEW SECTION. Sec. 6.     The state board of pharmacy, after consulting with the department of licensing, shall require and provide for the annual licensure of every person now or hereafter engaged in manufacturing or selling poisons within this state.  Upon a payment of a fee as set by the board, the board shall issue a license in such form as it may prescribe to such manufacturer or seller.  Such license shall be displayed in a conspicuous place in such manufacturer's or seller's place of business for which it is issued.

          Any person manufacturing or selling poison within this state without a license is guilty of a misdemeanor.

        Sec. 7.  Section 2, chapter 105, Laws of 1941 and RCW 16.52.193 are each amended to read as follows:

          It shall be unlawful for any person other than a registered pharmacist to sell at retail or furnish to any person any strychnine:  PROVIDED, That nothing herein shall prohibit county, state or federal agents, in the course of their duties, from furnishing strychnine to any person.  Every such registered pharmacist selling or furnishing such strychnine shall, before delivering the same, ((make or cause to be made an entry in a book kept for that purpose, stating the name and address of the purchaser, the quantity of strychnine purchased, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry)) record the transaction as provided in section 3 of this 1987 act.  If any such registered pharmacist shall suspect that any person desiring to purchase strychnine intends to use the same for the purpose of poisoning unlawfully any domestic animal or domestic bird, he may refuse to sell to such person, but whether or not he makes such sale, he shall if he so suspects an intention to use the strychnine unlawfully, immediately notify the nearest peace officer, giving such officer a complete description of the person purchasing, or attempting to purchase, such strychnine.

NEW SECTION. Sec. 8.     Sections 1 through 6 of this act shall constitute a new chapter in Title 69 RCW.

                                                                                                                             Passed the Senate April 7, 1987.

                                                                                                                                       President of the Senate.

                                                                                                                             Passed the House April 1, 1987.

                                                                                                                                         Speaker of the House.