1. 1. As used in sections 195.400 to 195.425 the term "person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

2. 2. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person shall submit to the department of health a report, as prescribed by the department of health, of all such transactions:

   1. (1) Anthranilic acid, its esters and its salts;
   2. (2) Benzyl cyanide;
   3. (3) Ergotamine and its salts;
   4. (4) Ergonovine and its salts;
   5. (5) N-Acetylanthranilic acid, its esters and its salts;
   6. (6) Phenylacetic acid, its esters and its salts;
   7. (7) Piperidine and its salts;
   8. (8) 3,4,-Methylenedioxyphenyl-2-propanone;
   9. (9) Acetic anhydride;
   10. (10) Acetone;
   11. (11) Benzyl Chloride;
   12. (12) Ethyl ether;
   13. (13) Hydriodic acid;
   14. (14) Potassium permanganate;
   15. (15) 2-Butanone (or Methyl Ethyl Ketone or MEK);
   16. (16) Toluene;
   17. (17) Ephedrine, its salts, optical isomers, and salts of optical isomers;
   18. (18) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
   19. (19) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
   20. (20) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
   21. (21) Methylamine and its salts;
   22. (22) Ethylamine and its salts;
   23. (23) Propionic anhydride;
   24. (24) Isosafrole;
   25. (25) Safrole;
   26. (26) Piperonal;
   27. (27) N-Methylephedrine, its salts, optical isomers and salts of optical isomers;
   28. (28) N-Methylpseudoephedrine, its salts, optical isomers and salts of optical isomers;
   29. (29) Benzaldehyde;
   30. (30) Nitroethane;
   31. (31) Methyl Isobutyl Ketone (MIBK);
   32. (32) Sulfuric acid;
   33. (33) Iodine;
   34. (34) Red phosphorous.
3. 3. The chemicals listed or to be listed in the schedule in subsection 2 of this section are included by whatever official, common, usual, chemical, or trade name designated.
4. 4. The department of health by rule or regulation may add substances to or delete substances from subsection 2 of this section in the manner prescribed under section 195.017, if such substance is a component of or may be used to produce a controlled substance.

5. 5. Any manufacturer, wholesaler, retailer or other person shall, prior to selling, transferring, or otherwise furnishing any substance listed in subsection 2 of this section to a person within this state, require such person to give proper identification. For the purposes of this section "proper identification" means:

   1. (1) A motor vehicle operator's license or other official state-issued identification which contains a photograph of the person and includes the residential or mailing address of the person, other than a post office box number;
   2. (2) The motor vehicle license number of any motor vehicle operated by the person;
   3. (3) A letter of authorization from the business to which any of the substances listed in subsection 2 of this section are being transferred, which shall include the address of the business and business license number if the business is required to have a license number;
   4. (4) A full description of how the substance is to be used; and
   5. (5) The signature of the person to whom such substances are transferred. The person selling, transferring, or otherwise furnishing any substance listed in subsection 2 of this section shall affix his signature, to the document which evidences that a sale or transfer has been made, as a witness to the signature and proper identification of the person purchasing such substance.

6. 6. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance listed in subsection 2 of this section to a person shall, not less than twenty-one days prior to the delivery of the substance, submit a report of the transaction as prescribed by the department of health, which shall include the proper identification information. The department of health may allow the submission of such reports on a monthly basis with respect to repeated, regular transactions between a person who furnishes such substances and the person to whom such substances are delivered, if the department determines that either:

   1. (1) A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the person to whom such substance is delivered; or
   2. (2) The person to whom such substance is delivered has established a record of utilization of the substance for lawful purposes.

7. 7. This section shall not apply to any of the following:

   1. (1) Any pharmacist, pharmacy, or other authorized person who sells or furnishes a substance listed in subsection 2 of this section upon the prescription or order of a physician, dentist, podiatrist or veterinarian;
   2. (2) Any physician, optometrist, dentist, podiatrist or veterinarian who administers, dispenses or furnishes a substance listed in subsection 2 of this section to his patients within the scope of his professional practice. Such administration or dispensing shall be recorded in the patient record;
   3. (3) Any sale, transfer, furnishing or receipt of any drug which contains any substance listed in subsection 2 of this section and which is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug and Cosmetic Act or* regulations adopted thereunder.

8. 8.

   1. (1) Any violation of subsection 5 of this section shall be a class D felony.
   2. (2) Any person subject to subsection 6 of this section who does not submit a report as required or who knowingly submits a report with false or fictitious information shall be guilty of a class D felony and subject to a fine not exceeding ten thousand dollars.
   3. (3) Any person who is found guilty a second time of not submitting a report as required in subsection 6 of this section or who knowingly submits such a report with false or fictitious information shall be guilty of a class C felony and subject to a fine not exceeding one hundred thousand dollars.

(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al.)

* Word “of” appears in original rolls.