Chapter 4729-25 Nitrous Oxide

4729-25-01 Licensure.

Each person located within this state who wishes to purchase and possess nitrous oxide for the purpose of using it as a direct ingredient of food, pursuant to Title 21 CFR 184.1545 , shall obtain a limited category II terminal distributor of dangerous drugs license from the board of pharmacy pursuant to the provisions of sections 4729.54 and 4729.55 of the Revised Code.

R.C. 119.032 review dates: 12/01/2009 and 12/01/2014

Promulgated Under: 119.03

Statutory Authority: 4729.66

Rule Amplifies: 4729.51 , 4729.54 , 4729.55

Prior Effective Dates: 08/16/94(Emer)

4729-25-02 Security, storage, and use.

Food processors and retail sellers of food must purchase, store, and use nitrous oxide in accordance with Chapters 3715. and 4729. of the Revised Code; rules 4729-9-05 , 4729-9-11 , 4729-9-12 , and Chapter 4729-21 of the Administrative Code; and the "Federal Food, Drug and Cosmetic Act".

R.C. 119.032 review dates: 12/01/2009 and 12/01/2014

Promulgated Under: 119.03

Statutory Authority: 4729.66

Rule Amplifies: 4729.51 , 4729.54 , 4729.55

Prior Effective Dates: 08/16/94(Emer)

4729-25-03 Records.

All food processors and retail sellers of nitrous oxide shall maintain records of purchase at wholesale and use in processing food for three years at the licensed location for inspection and copying by board of pharmacy agents.

R.C. 119.032 review dates: 12/01/2009 and 12/01/2014

Promulgated Under: 119.03

Statutory Authority: 4729.66

Rule Amplifies: 4729.51 , 4729.54 , 4729.55

Prior Effective Dates: 08/16/94(Emer)

4729-25-04 Report of theft or loss.

Each food processor and retail seller of food shall, upon discovery of the theft or significant loss of any nitrous oxide, notify the board of pharmacy and local law enforcement authorities pursuant to section 2921.22 of the Revised Code. Thefts of nitrous oxide must be reported whether or not the nitrous oxide is subsequently recovered and/or the responsible parties are identified and action taken against them.

R.C. 119.032 review dates: 12/01/2009 and 12/01/2014

Promulgated Under: 119.03

Statutory Authority: 4729.66

Rule Amplifies: 4729.51 , 4729.54 , 4729.55

Prior Effective Dates: 08/16/94(Emer)