Brief⁽¹⁾

S.B. 350 amends a statute that now makes it a crime to sell any medicine, drug, or poison through a vending machine or other mechanical device or to use any vending machine in or for the sale or distribution of any medicine, drug, or poison. As amended, the statute would make it a class C unspecified misdemeanor to sell any prescription drug, drug intended for human use by hypodermic injection, or poison through a vending machine or other mechanical device. The amendments would authorize the sale of nonprescription (over-the-counter) drugs through a vending machine if (1) no more than 12 different drug products are offered for sale through any one machine, (2) drugs sold through a vending machine are in the manufacturer's original, tamper evident, and expiration-dated package, (3) the machine is located so drugs stored in the machine are stored in accordance with the drug manufacturer's requirements, (4) the drugs offered for sale are not older than the manufacturer's expiration date, and (5) each vending machine has an obvious and legible statement on the machine identifying the owner, a toll-free telephone number at which the consumer may contact the owner, a statement advising the consumer to check the expiration date of the product prior to its use, and the telephone number of the State Board of Pharmacy.

Background

The current Kansas statute amended by S.B. 350 was enacted in 1933 and is a part of the statutes found in Article 6 of Chapter 65 that are generally referenced as the Food, Drug and Cosmetic statutes. The statute has not been amended since its enactment, making Kansas one of a few states that still prohibit the sale of medications through vending machines. The bill was supported during Committee hearings by representatives of Cessna Aircraft Company and, in written testimony, by Ratheon Aircraft and Learjet, Inc. The Kansas Pharmacists Association did not oppose the bill as it had similar legislation in the past, noting several of the Association concerns were addressed in the bill. A representative of the State Board of Pharmacy raised concerns and suggested changes. The Senate Committee amendments address some of the concerns expressed by the representative of the Board.

The fiscal note on S.B. 350 indicates passage of the bill would have no effect on state operations.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html