FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PARKER, RUPP, SMITH (14), DEMPSEY, SUTHERLAND,
GREEN, SCHNEIDER, DAVIS (19), BROWN AND THRELKELD (Co-sponsors) .
Read 1st time February 5, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 195, RSMo, by adding thereto one new section relating to ephedrine, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 195, RSMo, is amended by adding thereto one new section, to be known as section 195.249, to read as follows:
195.249. 1. As used in this section the following terms shall mean:
(1) "Counter", any obstructive, physical barrier that separates ephedrine products from access by a customer or the general public, and which makes such products available to a customer or the general public only through or by the act of the seller or an employee of the seller;
(2) "Ephedrine", all forms of ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine, and all combinations of these chemicals;
(3) "Ephedrine product", any product that contains ephedrine, its salts, isomers, or salts of isomers, as its sole active ingredient or in combination with less than therapeutically significant quantities of other active ingredients;
(4) "Package", any number of pills, tablets, capsules, or individual units of a substance held within a container intended for sale;
(5) "Person", any individual, corporation, partnership, trust, limited liability company, firm, association, or other entity selling an ephedrine product to customers;
(6) "Sell", to knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.
2. It shall be unlawful for any person to display or offer to sell any ephedrine product unless the ephedrine product is placed behind a counter.
3. The provisions of subsection 2 of this section shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal Ephedra or extract of Ephedra.
4. Any person who violates the provisions of subsection 2 of this section is guilty of a class A misdemeanor.
5. Any person who is considered the general owner or operator of the outlet where ephedrine is available for sale who violates subsection 2 of this section shall not be penalized pursuant to this section if such person documents that an employee training program was in place to provide employees with information on the provisions of this section.