As Amended by Senate Committee
         
Session of 1999
         
SENATE BILL No. 350
         
By Committee on Ways and Means
         
3-11
         
10             AN  ACT concerning the sale of medicines and drugs through vending
11             machines; amending K.S.A. 65-650 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 65-650 is hereby amended to read as follows: 65-
15       650. (a) Any person, firm or corporation who shall offer for sale or sell
16       or distribute any prescription medicine, prescription-only drug, drug in-
17       tended for human use by hypodermic injection or poison through or
18       by means of any vending machine or other mechanical device, or who
19       shall use any vending machine in or for the sale or distribution of any
20       prescription medicine, prescription-only drug, drug intended for hu-
21       man use by hypodermic injection or poison, shall be deemed guilty of
22       a class C nonperson misdemeanor and upon conviction shall be fined not
23       less than twenty-five dollars ($25) $25 nor more than five hundred dollars
24       ($500) $500.
25             (b) No nonprescription drugs shall be offered for sale or sold
26       through a vending machine in anything other than the manufacturer's
27       original, tamper evident and expiration-dated packet. No more than 12
28       different nonprescription drugs products shall be offered for sale or
29       sold through any one vending machine. Any vending machine in which
30       nonprescription drugs are offered for sale or sold shall be located in a
31       climate controlled area, and the drugs so that the drugs stored in such
32       vending machine are stored in accordance with drug manufac-
33       turer's requirements. Drugs offered for sale or sold in such vending
34       machine shall not be older than the manufacturer's expiration date. Each
35       vending machine through which nonprescription drugs are offered
36       for sale or sold shall have an obvious and legible statement on the
37       machine that identifies the owner of the medicine, a toll-free tele-
38       phone number at which the consumer may contact the owner of the
39       machine, a statement advising the consumer to check the expiration
40       date of the product before using the product and the telephone num-
41       ber of the state board of pharmacy. As used in this subsection, "non-
42       prescription drug" does not include any prescription medicine, pre-
43       scription-only drug, drug intended for human use by hypodermic

SB 350--Am.

2

  1       injection or poison. A violation of this subsection (b) is a class C non-
  2       person misdemeanor and upon conviction the violator shall be fined not
  3       less than $25 nor more than $500. 
  4       Sec.  2. K.S.A. 65-650 is hereby repealed.
  5        Sec.  3. This act shall take effect and be in force from and after its
  6       publication in the statute book.