SECOND REGULAR SESSION

HOUSE BILL NO. 1605

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES WILLIAMS (121), SALLEE (Co-sponsors), EVANS,

RIBACK WILSON (25), ROBIRDS AND MURPHY.

Read 1st time January 19, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

3690L.01I


AN ACT

To amend chapter 196, RSMo, relating to food, drug and tobacco by adding thereto five new sections relating to distribution of over-the-counter weight loss pills to minors, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 196, RSMo, is amended by adding thereto five new sections, to be known as sections 196.1100, 196.1102, 196.1104, 196.1106 and 196.1108, to read as follows:

196.1100. As used in sections 196.1100 to 196.1108, the following terms mean:

(1) "Distribute", a conveyance to the public by sale, barter, gift or sample;

(2) "Person", an individual, partnership, copartnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, department or bureau of the state or federal government, or any other legal entity which is recognized by law as the subject of rights and duties;

(3) "Proof of age", a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;

(4) "Sample", a weight loss product in pill, tablet or capsule form distributed to members of the general public at no cost or at nominal cost for product promotional purposes;

(5) "Sampling", the distribution to members of the general public of samples of weight loss products in pill, tablet or capsule form;

(6) "Weight loss product in pill, tablet or capsule form", any pill, tablet or capsule which is marketed and purchased over-the-counter for the purpose of weight loss. The term "weight loss product in pill, tablet or capsule form" includes, but is not limited to, any pill which contains at least one of the following ingredients:

(a) Phenylpropanolamine;

(b) Phentermine;

(c) Phendimetrazine;

(d) Dextroamphetamine;

(e) Benzphetamine;

(f) Diethylpropion;

(g) Ephedra;

(h) Mahuang;

(i) Ephedrine; or

(j) Any other similar ingredient.

196.1102. The owner of an establishment at which weight loss products in pill, tablet or capsule form are sold at retail shall prominently display in a conspicuous place at every display from which weight loss products in pill, tablet or capsule form are sold a sign that shall contain in red lettering at least one-half inch high on a white background the following: "It is a violation of state law for any nonprescription weight loss products in pill, tablet or capsule form to be sold to any person less than eighteen years of age."

196.1104. 1. A person selling weight loss products in pill, tablet or capsule form or distributing samples of weight loss products in pill, tablet or capsule form shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be less than eighteen years of age.

2. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for a violation of subsections 2 and 3 of section 196.1106. No person shall be liable for more than one violation of subsections 2 and 3 of section 196.1106 on any single day.

196.1106. 1. It shall be unlawful for any person to engage in distribution of weight loss products in pill, tablet or capsule form to persons less than eighteen years of age.

2. No person shall sell any weight loss products in pill, tablet or capsule form or distribute any weight loss products in pill, tablet or capsule form to any person less than eighteen years of age.

3. Any person who violates subsection 1 or 2 of this section or section 196.1102 shall be fined:

(1) For the first offense, twenty-five dollars;

(2) For the second offense, one hundred dollars;

(3) For a third and subsequent offense, two hundred fifty dollars.

4. If a sale is made by an employee of the owner of an establishment in violation of sections 196.1100 to 196.1108, the employee shall be guilty of an offense established in subsections 2 and 3 of this section. If a sample is distributed by an employee of a company conducting the sampling, such employee shall be guilty of an offense established in subsections 2 and 3 of this section.

196.1108. Nothing in sections 196.1100 to 196.1106 shall prohibit any person less than eighteen years of age from purchasing any over-the-counter products marketed for any reason other than weight loss, including but not limited to medications for the relief of allergies, colds or coughs, even if such products contain one or more of the ingredients listed in subdivision (6) of section 196.1100.



Missouri House of Representatives