Ohio Administrative Code|Rule 4729:5-17-03 | Nitrous Oxide - General Provisions.

                                                

(A) Each person located within this state
who seeks to purchase and possess nitrous oxide for the purpose of using it as
a direct ingredient in food pursuant to Title 21 CFR 184.1545 (04/1/2018) shall
obtain a limited category II terminal distributor of dangerous drugs
license.

(B) All areas where nitrous oxide is
stored shall be maintained in a clean and orderly condition. Storage areas
shall be maintained at temperatures and conditions which will ensure the
integrity of the nitrous oxide prior to use as stipulated by the
manufacturer's or distributor's labeling.

(C) Nitrous oxide shall be secured in a
tamper-evident manner to deter and detect unauthorized access.

(D) All food processors and retail
sellers of food licensed in accordance with this rule shall maintain records of
purchase at wholesale and use in the processing food for three years at the
licensed location. All records shall be readily retrievable.

(1) A terminal
distributor intending to maintain records at a location other than the location
licensed by the state board of pharmacy must notify the board in a manner
determined by the board.

(2) Any such alternate
location shall be secured and accessible only to authorized representatives or
contractors of the terminal distributor of dangerous drugs.

(E) A terminal distributor of dangerous
drugs shall report the theft or significant loss of nitrous oxide pursuant to
rule 4729:5-3-02 of the Administrative Code.

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