CHAPTER 40 HOUSE BILL No. 2538 An  Act concerning the sale of medicines and drugs through vending machines; amending
K.S.A. 65-650 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-650 is hereby amended to read as follows: 65-
650. (a) Any person, firm or corporation who shall offer for sale or sell
or distribute 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 shall
use 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 injec-
tion or poison, shall be deemed guilty of a class C nonperson misde-
meanor and upon conviction shall be fined not less than twenty-five dol-
lars ($25) $25 nor more than five hundred dollars ($500) $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 manufac-
turer's requirements. Drugs offered for sale or sold in such vending ma-
chine 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 phar-
macy. 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 injec-
tion or poison. A violation of this subsection is a class C nonperson mis-
demeanor and upon conviction the violator shall be fined not less than
$25 nor more than $500.

 Sec.  2. K.S.A. 65-650 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 31, 2000.
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