CHAPTER 205 SALE AND DISTRIBUTION OF POISONS
205.1 SALE OF ABORTIFACIENTS.
205.2 EXCEPTION.
205.3 PRESCRIPTIONS.
205.4 WOOD OR DENATURED ALCOHOL.
205.5 REGULATIONS AS TO SALES OF CERTAIN POISONS.
205.6 POISON REGISTER.
205.7 LABELING POISONS.
205.8 CERTAIN SALES EXCEPTED.
205.9 PROHIBITED SALES.
205.10 FALSE REPRESENTATIONS.
205.11 ENFORCEMENT.
205.12 CHEMICAL ANALYSIS OF DRUGS.
205.13 APPLICABILITY OF OTHER STATUTES.



        

205.1 SALE OF ABORTIFACIENTS. No person shall sell, offer or expose for sale, deliver, give away, or have in the person's possession with intent to sell, except upon the original written prescription of a licensed physician, dentist, or veterinarian, any cotton root, ergot, oil of tansy, oil of savin, or derivatives of any of said drugs.

         Section History: Early Form

         [C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2593; S13, § 2593,
      2596-a; C24, 27, 31, 35, 39, § 3170; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, 79, 81, § 205.1]
         Referred to in § 205.2
        

205.2 EXCEPTION. The requirements of section 205.1 that certain drugs shall be furnished only upon written prescription, shall not apply to the sale of such drugs to persons who wholesale or retail the same, nor to any licensed physician, dentist, or veterinarian for use in the practice of that person's profession.

         Section History: Early Form

         [S13, § 2596-a; C24, 27, 31, 35, 39, § 3171; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 205.2]
        

205.3 PRESCRIPTIONS. A person shall not fill a prescription for a drug required by chapter 124 or this chapter to be furnished only upon written prescription unless the prescription is ordered for a medical, dental, or veterinary purpose only.

         Section History: Early Form

         [S13, § 2596-a; C24, 27, 31, 35, 39, § 3172; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 205.3] 

         Section History: Recent Form

         85 Acts, ch 73, §1
        

205.4 WOOD OR DENATURED ALCOHOL. No person shall have in the person's possession or dispose of in any manner any article intended for use of humans or domestic animals, for internal or external use, for cosmetic purposes, for inhalation, or for perfumes, which contains methyl (wood) alcohol, crude or refined, or completely denatured alcohol. Nothing in this section shall be construed to apply to specially denatured alcohols the formula of which has been approved and the manufacture and use regulated by the federal government.

         Section History: Early Form

         [S13, § 4999-a36; C24, 27, 31, 35, 39, § 3173; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 205.4]
        

205.5 REGULATIONS AS TO SALES OF CERTAIN POISONS. It shall be unlawful for any person except a licensed pharmacist to sell at retail any of the poisons enumerated in this section: Ammoniated mercury, mercury bichloride, red mercuric iodide, and other poisonous salts and compounds of mercury; salts and compounds of arsenic; salts of antimony; salts of barium except the sulphate; salts of thallium; hydrocyanic acid and its salts; chromic, glacial acetic, and picric acids; chloral hydrate, croton oil, creosol, chloroform, dinitrophenol, ether, oil of bitter almonds, phenol, phosphorus and sodium fluoride; aconitine, arecoline, atropine, brucine, homatropine, hyoscyamine, nicotine, strychnine, and the salts of these alkaloids; aconite, belladonna, cantharides, digitalis, nux vomica, veratrum, and the preparations of these poisonous drugs.

         Section History: Early Form

         [C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2593; S13, § 2593;
      C24, 27, 31, 35, 39, § 3174; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 205.5] 

         Section History: Recent Form

         2001 Acts, ch 24, §37
         Referred to in § 205.6, 205.7, 205.8, 205.9, 205.10
        

205.6 POISON REGISTER. It shall be unlawful for any pharmacist to sell at retail any of the poisons enumerated in section 205.5 unless the pharmacist ascertains that the purchaser is aware of the character of the drug and the purchaser represents that it is to be used for a proper purpose and every sale of any poison enumerated in section 205.5 shall be entered in a book kept for that purpose, to be known as a "Poison Register" and the same shall show the date of the sale, the name and address of the purchaser, the name of the poison, the purpose for which it was represented to be purchased, and the name of the natural person making the sale, which book or books shall be open for inspection by the board of pharmacy, or any magistrate or peace officer of this state, and preserved for at least five years after the date of the last sale therein recorded.

         Section History: Early Form

         [C97, § 2593; S13, § 2593; C24, 27, 31, 35, 39, § 3175; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 205.6] 

         Section History: Recent Form

         2007 Acts, ch 10, §160
         Referred to in § 205.8, 205.9
        

205.7 LABELING POISONS. Except as otherwise provided, it shall be unlawful to vend, sell, dispense, or give away any poison enumerated in section 205.5, or sodium chlorate or crude carbolic acid, or any other potent poisons, without affixing to the bottle, box, vessel, or package containing the same, a label containing the name of the poison either printed or plainly written, and the word "Poison" printed in red ink, and the name and place of business of the distributor, manufacturer, wholesaler or dealer; and every package or container which contains ammonia water, concentrated lye, denatured alcohol, formaldehyde, benzol, carbon tetrachloride, commercial hydrochloric, nitric, sulphuric or oxalic acids, shall be labeled with the name of the poison, which label shall bear the name and place of business of the distributor, manufacturer, wholesaler, or dealer, the most available antidote and the word "Poison" printed in red ink in a conspicuous place thereon.

         Section History: Early Form

         [C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2588, 2593, 4976;
      S13, § 2593; SS15, § 2588; C24, 27, 31, 35, 39, § 3176; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 205.7]
         Referred to in § 205.8
        

205.8 CERTAIN SALES EXCEPTED. Nothing in sections 205.5 to 205.7 shall apply: 1. To proprietary medicines, provided they are not in themselves poisonous and are sold in original unbroken packages. 2. To the filling of prescriptions from or the sale to licensed physicians, dentists, or veterinarians or sales to another pharmacist or to hospitals; or to drugs dispensed by licensed physicians, dentists, or veterinarians, as an incident to the practice of their professions. 3. To insecticides and fungicides as defined in chapter 206 and commercial feeds as defined in section 198.3, provided same be labeled in accordance with said section and sold in original unbroken packages, provided, however, that stock dips and fly sprays may be sold in bulk or otherwise and the vessel or container need not have printed on the label the most available antidote. 4. To any proprietary preparation intended for use in destroying mice, rats, gophers or other lower animals, provided same is sold in original unbroken packages and bears the word "Poison", the most available antidote, and the name of the manufacturer.

         Section History: Early Form

         [C97, § 2593; S13, § 2593; C24, 27, 31, 35, 39, § 3177; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 205.8]
        

205.9 PROHIBITED SALES. It shall be unlawful for any person in this state to sell or deliver any poison to any person known to be of unsound mind or under the influence of intoxicants, and it shall likewise be unlawful for any person in this state to sell or deliver any poison enumerated in section 205.5 to any minor under sixteen years of age except upon a written order signed by some responsible person known to the person selling or delivering the same, which said written order shall contain all of the information required to be entered in the poison register under the provisions of section 205.6.

         Section History: Early Form

         [C27, 31, 35, § 3177-b1; C39, § 3177.1; C46, 50, 54, 58, 62,
      66, 71, 73, 75, 77, 79, 81, § 205.9]
        

205.10 FALSE REPRESENTATIONS. Any person who obtains any poison enumerated in section 205.5 under a false name or statement shall be guilty of a fraudulent practice.

         Section History: Early Form

         [C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2593; S13, § 2593;
      C24, 27, 31, 35, 39, § 3178; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 205.10]
        

205.11 ENFORCEMENT. The provisions of this chapter and chapters 124 and 126 shall be administered and enforced by the board of pharmacy. In discharging any duty or exercising any power under those chapters, the board of pharmacy shall be governed by all the provisions of chapter 189, which govern the department of agriculture and land stewardship when discharging a similar duty or exercising a similar power with reference to any of the articles dealt with in this subtitle, to the extent that chapter 189 is not inconsistent with this chapter and chapters 124 and 126.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3179; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 205.11] 

         Section History: Recent Form

         89 Acts, ch 197, § 27; 2007 Acts, ch 10, §161
        

205.12 CHEMICAL ANALYSIS OF DRUGS. Any chemical analysis deemed necessary by the board of pharmacy in the enforcement of this chapter and chapters 124 and 126 shall be made by the department of agriculture and land stewardship when requested by the board of pharmacy.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3180; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 205.12] 

         Section History: Recent Form

         89 Acts, ch 197, § 28; 2007 Acts, ch 10, §162
        

205.13 APPLICABILITY OF OTHER STATUTES. Insofar as applicable, the provisions of chapter 189 shall apply to the articles dealt with in this chapter and chapters 124 and 126. The powers vested in the department of agriculture and land stewardship by chapter 189 shall be deemed for the purpose of this chapter and chapters 124 and 126 to be vested in the board of pharmacy.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3181; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, 79, 81, § 205.13] 

         Section History: Recent Form

         89 Acts, ch 197, § 29; 2007 Acts, ch 10, §163

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