65-650. Medicines, drugs and poisons sold through vending machines, requirements; penalties for violations. (a) Any person, firm or corporation who offers for sale, sells or distributes any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison through or by means of any vending machine or other mechanical device, or who uses any vending machine in or for the sale or distribution of any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison, shall be guilty of a class C nonperson misdemeanor and upon conviction shall be fined not less than $25 nor more than $500.
(b) No nonprescription drugs shall be offered for sale or sold through a vending machine in anything other than the manufacturer's original tamper-evident and expiration-dated packet. No more than 12 different nonprescription drugs products shall be offered for sale or sold through any one vending machine. Any vending machine in which nonprescription drugs are offered for sale or sold shall be located so that the drugs stored in such vending machine are stored in accordance with drug manufacturer's requirements. Drugs offered for sale or sold in such vending machine shall not be older than the manufacturer's expiration date. Each vending machine through which nonprescription drugs are offered for sale or sold shall have an obvious and legible statement on the machine that identifies the owner of the machine, a toll-free telephone number at which the consumer may contact the owner of the machine, a statement advising the consumer to check the expiration date of the product before using the product and the telephone number of the state board of pharmacy. As used in this subsection, "nonprescription drug" does not include any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison. A violation of this subsection is a class C nonperson misdemeanor and upon conviction the violator shall be fined not less than $25 nor more than $500.
History: L. 1933, ch. 177, § 1; L. 2000, ch. 40, § 1; July 1.
Structure Kansas Statutes
Article 6 - Food, Drugs And Cosmetics
65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
65-643 Caustic or corrosive substances; definition of terms.
65-645 Same; condemnation and disposition.
65-646 Same; enforcement of act.
65-649 Same; sale of household products.
65-655 Food, drug and cosmetic act; title.
65-658 Same; injunction to restrain violation of 65-657.
65-662 Same; minor violations; notice or warning.
65-663 Same; regulations prescribing definitions and standards of identity for food.
65-664 Same; food deemed adulterated, when.
65-665 Same; food deemed misbranded, when.
65-668 Same; drugs or devices deemed adulterated, when.
65-669 Same; drugs or devices deemed misbranded, when.
65-669a New drugs; selling, offering or giving away, restrictions; investigational uses.
65-670 Same; cosmetic deemed adulterated, when.
65-671 Same; cosmetic deemed misbranded, when.
65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
65-674 Same; free access to establishments and vehicles for inspections and samples.
65-675 Same; reports and dissemination of information.
65-678 Same; cooperation with federal food and drug administration.
65-679 Same; act not to limit authority established under certain other acts.
65-680 Same; invalidity of part.
65-685 Same; enforcement of criminal provisions.
65-687 Limitation on liability of donor for donated food.
65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
65-690 Same; temporary suspension of license.
65-691 Food establishments and food processing plants; licensure.