Arizona code 13-3403.02

http://www.azleg.state.az.us/ars/13/03403%2D02.htm

13-3403.02. Selling or giving nitrous oxide to underage person; illegally obtaining nitrous oxide containers by underage person; classification; definition

A. An operator or employee of a commercial establishment who questions or has reason to question whether or not a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of a nitrous oxide container is under eighteen years of age shall require the person to exhibit a written instrument of identification and may require the person to sign the person's name, the date, and the number of the identification on a card to be retained by the operator, or may require the person to sign the person's name and the date on a photocopy of the instrument of identification to be retained by the operator. The following written instruments are the only acceptable types of identification:

1. An unexpired driver license issued by any state or by canada, provided the license includes a picture of the licensee.

2. A nonoperating identification license issued pursuant to section 28-3165.

3. An armed forces identification card.

4. A valid passport or border crossing identification card that is issued by a government.

5. A voter card issued by the government of mexico and that contains a photograph and the date of birth of the person.

B. An operator or employee of a commercial establishment who sells, gives, serves or furnishes a nitrous oxide container to a person who is under eighteen years of age without having recorded and retained a record of the person's age or a dated and signed photocopy of the instrument of identification exhibited as prescribed by subsection a of this section is deemed to have constructive knowledge of the person's age.

C. A person who is under eighteen years of age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish a nitrous oxide container contrary to section 13-3403.01 is guilty of a class 1 misdemeanor.

D. A person who is under eighteen years of age and who solicits another person to purchase, sell, give, serve or furnish a nitrous oxide container contrary to law is guilty of a class 3 misdemeanor.

E. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection c of this section shall have that person's right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309, subsection b. A person who uses a driver or nonoperating identification license in violation of subsection c of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309, subsection c.

F. A person who knowingly influences the selling, giving or serving of a nitrous oxide container to a person under eighteen years of age by misrepresenting the age of the person or who orders, requests, receives or procures a nitrous oxide container from an operator or employee of a commercial establishment with the intent of selling, giving or serving it to a person under eighteen years of age is guilty of a class 1 misdemeanor.

G. For purposes of this section, "nitrous oxide container" means any container or canister exclusively containing nitrous oxide.

Arizona code 13-3403.01

http://www.azleg.state.az.us/ars/13/03403%2D01.htm

13-3403.01. Nitrous oxide containers; sale to minors; classification

A. A person shall not knowingly sell, give or deliver to a person under eighteen years of age any container exclusively containing nitrous oxide, unless the person under eighteen years of age is delivering or accepting delivery in the person's capacity as an employee.

B. A person who violates this section is guilty of a class 5 felony unless the court does either of the following:

1. Enters a judgment of conviction for a class 1 misdemeanor and makes disposition accordingly.

2. Places the person on probation in accordance with chapter 9 of this title and refrains from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense as a misdemeanor.

California penal code 381b

http://caselaw.lp.findlaw.com/cacodes/pen/369a%2D402c.html

381b.  Any person who possesses nitrous oxide or any substance

containing nitrous oxide, with the intent to breathe, inhale, or

ingest for the purpose of causing a condition of intoxication,

elation, euphoria, dizziness, stupefaction, or dulling of the senses

or for the purpose of, in any manner, changing, distorting, or

disturbing the audio, visual, or mental processes, or who knowingly

and with the intent to do so is under the influence of nitrous oxide

or any material containing nitrous oxide is guilty of a misdemeanor.

This section shall not apply to any person who is under the

influence of nitrous oxide or any material containing nitrous oxide

pursuant to an administration for the purpose of medical, surgical,

or dental care by a person duly licensed to administer such an agent.

Connecticut  53-345a

http://www.cga.state.ct.us/2001/pub/Chap946.htm#sec53-345a.htm

Sec. 53-345a. Nitrous oxide containers; sale to or purchase by minors prohibited. Proof of age. (a) Any person who sells, gives or delivers to any minor under eighteen years of age any container exclusively containing nitrous oxide, unless the minor is delivering or accepting delivery in his capacity as an employee, shall be fined not more than two hundred dollars for the first offense, not more than three hundred fifty dollars for a second offense within an eighteen-month period and not more than five hundred dollars for each subsequent offense within an eighteen-month period.
(b) Any person under eighteen years of age who purchases or misrepresents his age to purchase any container exclusively containing nitrous oxide shall be fined not more than fifty dollars for the first offense and not less than fifty dollars nor more than one hundred dollars for each subsequent offense.
(c) Each retailer of containers exclusively containing nitrous oxide or employee of such retailer shall require a person who is purchasing or attempting to purchase a container exclusively containing nitrous oxide, whose age is in question, to exhibit proper proof of age. If a person fails to provide such proof of age, such retailer or employee shall not sell any container exclusively containing nitrous oxide to the person. As used in this section, "proper proof" means a motor vehicle operator's license, a valid passport or an identity card issued in accordance with the provisions of section 1-1h.
(P.A. 98-17.)

Florida 877.11

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0877/SEC111.HTM&Title=->2001->Ch0877->Section%20111

877.111  Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties.--

(1)  It is unlawful for any person to inhale or ingest, or to possess with intent to breathe, inhale, or drink, any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar substance for the purpose of inducing a condition of intoxication or which distorts or disturbs the auditory, visual, or mental processes. This section does not apply to the possession and use of these substances as part of the care or treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, part I of chapter 464, or chapter 466 or to beverages controlled by the provisions of chapter 561, chapter 562, chapter 563, chapter 564, or chapter 565.

(2)  It is unlawful for any person to possess, buy, sell, or otherwise transfer any chemical substance specified in subsection (1) for the purpose of inducing or aiding any other person to violate the provisions of subsection (1).

(3)  Except as provided in subsection (4) with respect to nitrous oxide, any person who violates subsection (1) or subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  Any person who knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide commits a felony of the third degree which shall be known as unlawful distribution of nitrous oxide, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, in addition to proving by any other means that nitrous oxide was knowingly possessed, distributed, sold, purchased, or transferred, proof that any person discharged, or aided another in discharging, nitrous oxide to inflate a balloon or any other object suitable for subsequent inhalation creates an inference of the person's knowledge that the nitrous oxide's use was for an unlawful purpose. This subsection does not apply to the possession and use of nitrous oxide as part of the care and treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, chapter 464, chapter 466, or chapter 474; as a food-processing propellant; as a semiconductor oxidizer; as an analytical chemistry oxidizer in atomic absorption spectrometry; in the production of chemicals used to inflate airbags; as an oxidizer for chemical production, combustion, or jet propulsion; or as a motor vehicle induction additive when mixed with sulphur dioxide.

(5)  Any person who violates any of the provisions of this section may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Family Services pursuant to the provisions of chapter 397, provided the director of the program approves the placement of the defendant in the program. Such required participation may be imposed in addition to, or in lieu of, any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense.

Georgia 16-13-79

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/13/79&highlight=nitrous

16-13-79 G

*** CODE SECTION ***  12/03/01

  16-13-79.

  (a) Except as provided in subsections (b), (c), and (d) of this Code

  section, any person who violates this article shall be guilty of a

  misdemeanor.

  (b) Any person who distributes or possesses with the intent to

  distribute nitrous oxide for any use other than for a medical

  treatment prescribed by the order of a licensed medical

  practitioner, except as provided for by paragraph (16) of subsection

  (c) of Code Section 16-13-71, shall be guilty of a felony and upon

  conviction thereof shall be punished by imprisonment for not less

  than one year nor more than three years or by a fine not to exceed

  $5,000.00 or both.

  (c) Any person who distributes or possesses with the intent to

  distribute to any person under 18 years of age nitrous oxide for any

  use other than for a medical treatment prescribed by the order of a

  licensed medical practitioner, except as provided for by paragraph

  (16) of subsection (c) of Code Section 16-13-71, shall be guilty of

  a felony and upon conviction thereof shall be punished for not less

  than two years nor more than six years or by a fine not to exceed

  $10,000.00 or both.

Georgia

http://www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/13/71&highlight=nitrous

  (a) A "dangerous drug" means any drug other than a drug contained in

  any schedule of Article 2 of this chapter, which, under the Federal

  Food, Drug, and Cosmetic Act (52 Stat. 1040 (1938)), 21 U.S.C.

  Section 301, et seq., as amended, may be dispensed only upon

  prescription.  In any civil or criminal action or other proceedings,

  a certification from the Food and Drug Administration of the United

  States Department of Health and Human Services attesting to the fact

  that a drug other than a drug contained in any schedule of Article 2

  of this chapter involved in the action or proceeding is a dangerous

  drug that federal law prohibits dispensing of without a prescription

  pursuant to the Federal Food, Drug, and Cosmetic Act shall be

  admissible as prima-facie proof that such drug is a "dangerous

  drug."

  (b) In addition to subsection (a) of this Code section, a "dangerous

  drug" means any other drug or substance declared by the General

  Assembly to be a dangerous drug; to include any of the following

  drugs, chemicals, or substances; salts, isomers, esters, ethers, or

  derivatives of such drugs, chemicals, or substances which have

  essentially the same pharmacological action; all other salts,

  isomers, esters, ethers, and compounds of such drugs, chemicals, or

  substances unless specifically exempted and the following devices,

  identified as "dangerous drugs":  (lists a TON of stuff……..)

648.3) Nitrous oxide -- See exceptions;

16) Nitrous oxide -- air products suppliers shall not sell

    medical grade nitrous oxide to other than licensed practitioners

    or medical suppliers; industrial grade nitrous oxide shall only be

    sold when mixed with not less than 100 parts per million of sulfur

    dioxide and used as a fuel additive for combustion

(e) The State Board of Pharmacy may delete drugs from the dangerous

  drug list set forth in this Code section.  In making such deletions

  the board shall consider, with respect to each drug, the following

  factors:

    (1) The actual or relative potential for abuse;

    (2) The scientific evidence of its pharmacological effect, if

    known;

    (3) The state of current scientific knowledge regarding the drug;

    (4) The history and current pattern of abuse, if any;

    (5) The scope, duration, and significance of abuse;

    (6) Reserved;

    (7) The potential of the drug to produce psychic or physiological

    dependence liability; and

    (8) Whether such drug is included under the Federal Food, Drug,

    and Cosmetic Act, 52 Stat. 1040 (1938), 21 U.S.C. Section 301, et

    seq., as amended.

Hawaii 330-8

http://www.capitol.hawaii.gov/hrscurrent/vol06_ch321-344/hrs330/hrs_330-8.htm

§330-8 Use of certain chemical substances as inhalants unlawful. It shall be unlawful for any person to use as an inhalant any substance, not a "food" as defined in section 328-1, which substance includes in its composition volatile organic solvents including amylacetate, trichloroethylene, and acetone or any other chemical substance, capable of producing upon inhalation any degree of intoxication; provided that this section shall not apply to any person using as an inhalant any such chemical substance pursuant to the direction of a physician. [L 1963, c 115, pt of §2; Supp, §53-5.5; HRS §330-8; am L 1998, c 11, §18]

Idaho title 18-1502b

http://www3.state.id.us/cgi-bin/newidst?sctid=180150002B.K

18-1502B.  POSSESSION OF INHALANTS BY MINORS. Whenever a person under the

age of eighteen (18) years is in possession and uses an aerosol spray

product or other inhalant, that is not used pursuant to the instructions or

prescription of a licensed health care provider or that is not used

pursuant to the manufacturer's label instructions, for the purpose of

becoming under the influence of such substance; such person shall be guilty

of a misdemeanor, and upon conviction, may be punished by a fine not in

excess of three hundred dollars ($300), or by thirty (30) days in a

juvenile detention facility or by both or may be subject to the provisions

of chapter 18, title 16, Idaho Code.

 For the purposes of this section, the term "inhalant" means any glue,

cement or other substance containing one (1) or more of the following

chemical compounds:  acetone and acetate, amyl nitrite or amyl nitrate or

their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or

their isomers, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene

dichloride, isobutyl alcohol, methyl alcohol, methyl ethyl ketone, n-propyl

alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl

nitrate or their isomers, toluene or xylene or other chemical substance

capable of causing a condition of intoxication, inebriation, excitement,

stupefaction or the dulling of the brain or nervous system as a result of

the inhalation of the fumes or vapors of such chemical substance.

Illinois 720 ILCS 690

http://www.legis.state.il.us/ilcs/ch720/ch720act690.htm

Sec. 0.01.  Short title.  This Act  may  be  cited  as  the  Use  of

Intoxicating Compounds Act.

(Source: P.A. 86-1324.)

    (720 ILCS 690/1)

    Sec. 1.  Use prohibited.  No person shall ingest, breathe, inhale or

drink any compound,  liquid,  or  chemical  containing  toluol,  hexane,

trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone,

trichloroethane,  isopropanol, methyl isobutyl ketone, methyl cellosolve

acetate,  cyclohexanone,  the  alkaloids   atropine,   hyoscyamine,   or

scopolamine,  or  any  other  substance  for  the  purpose of inducing a

condition  of   intoxication,   stupefaction,   depression,   giddiness,

paralysis  or irrational behavior, or in any manner changing, distorting

or disturbing the auditory, visual or mental processes. For the purposes

of this Act, any such condition so induced shall  be  deemed  to  be  an

intoxicated condition.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

    (720 ILCS 690/2)

    Sec. 2.  Sale or delivery prohibited.

    (a)  No person shall knowingly sell or offer for  sale,  deliver  or

give  to  any person under 17 years of age, unless upon written order of

such person's parent or guardian,  any  compound,  liquid,  or  chemical

containing  toluol,  hexane,  trichloroethylene, acetone, toluene, ethyl

acetate,  methyl  ethyl  ketone,  trichloroethane,  isopropanol,  methyl

isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any  other

substance which will induce an intoxicated condition, as defined herein,

when  the seller, offeror, or deliverer knows or has reason to know that

the compound is intended for use to induce such condition.

    (b)  No person shall knowingly sell or offer for sale,  deliver,  or

give  to  any  person  any  compound,  liquid,  or  chemical  containing

alkaloids   atropine,  hyoscyamine,  or  scopolamine  when  the  seller,

offeror, or deliverer knows or has reason to  know  that  the  compound,

liquid,  or  chemical  is  intended  for  use  to  induce an intoxicated

condition.

(Source: P.A. 89-235, eff. 8-4-95; 89-640, eff. 1-1-97.)

    (720 ILCS 690/3)

    Sec. 3.  This Act shall not apply to any person who commits any  act

described  herein  pursuant  to  the  direction  or  prescription  of  a

practitioner authorized to so direct or prescribe.  For purposes of this

Section,  practitioner  shall  mean  any  person  authorized  by  law to

practice medicine in  all  its  branches  in  this  State,  to  practice

dentistry  in this State, to practice veterinary medicine in this State,

or to practice chiropody in this State.

(Source: P.A. 83-333.)

    (720 ILCS 690/4)

    Sec. 4. Sentence.

    (a)  Except as otherwise provided in subsection  (b),  violation  of

this Act is a Class C misdemeanor.

    (b) (1)  The  knowing ingestion of any compound, liquid, or chemical

containing the alkaloids atropine,  hyoscyamine,  or  scopolamine  is  a

Class A misdemeanor.

    (2)  The  sale, offer for sale, delivery, or giving to any person of

a compound, liquid,  or  chemical  containing  the  alkaloids  atropine,

hyoscyamine, or scopolamine is a Class 4 felony.

    (3)  This subsection (b) does not prohibit the sale, offer for sale,

delivery,  giving,  or  ingestion  of  a  compound,  liquid, or chemical

containing the alkaloids atropine, hyoscyamine, or scopolamine under the

direction or prescription of a practitioner authorized to so  direct  or

prescribe as provided in Section 3.

(Source: P.A. 89-640, eff. 1-1-97.)

    (720 ILCS 690/4.5)

    Sec. 4.5.  Exemption.  This Act does not apply to  the  sale,  offer

for  sale,  delivery,  or  giving  of  any  compound, liquid or chemical

containing the alkaloids atropine,  hyoscyamine,  or  scopolamine  by  a

retail merchant.

(Source: P.A. 89-640, eff. 1-1-97.)

Louisiana RS 14:93.1

http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=14&section=93.1

§93.1. Model glue; use of; abuse of toxic vapors; unlawful sales to minors; penalties

A. Definitions:

(1) The term "model glue" shall mean any glue or cement of the type commonly used in the building of model airplanes, boats and automobiles and which contains one or more of the following volatile solvents: (a) toluol, (b) hexane, (c) trichlorethylene, (d) acetone, (e) toluene, (f) ethyl acetate, (g) methyl ethyl ketone, (h) trichlorochthane, (i) isopropanol, (j) methyl isobutyl ketone, (k) methyl cellosolve acetate, (l) cyclohexanone, or (m) any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors.

(2) "Abuse of toxic vapors" shall mean to smell or inhale the fumes of any solvent, material, substance, chemical or combinations thereof having the property of releasing toxic vapors for the purpose of causing a condition of or inducing a symptom included in Subsection B of this Section.

B. It shall be unlawful for any person to intentionally smell or inhale the fumes of any type of model glue or toxic vapors for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system; or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes. This Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

C. It shall be unlawful for any person to sell any type of model glue to a minor for any reason whatsoever.

D. It shall be unlawful for any person to sell or otherwise transfer possession of any type of model glue to any minor for any purpose whatsoever, unless the minor receiving possession of the model glue is the child or ward of and under the lawful custody of the vendor, donor or transferor of the glue.

E. Any person violating any provisions of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than ninety days for each such offense or both.

Added by Acts 1966, No. 110,§ 1. Amended by Acts 1975, No. 215,§ 1; Acts 1997, No. 659,§ 1

Louisiana RS 40:989

http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=RS&title=40&section=989

§989. Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties

A.(1) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.

(2) It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains nitrous oxide, commonly known as "laughing gas" and any amyl nitrite, commonly known as "poppers" or "snappers".

(3) The provisions hereof do not apply to the possession and use of these substances prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner or to the use as part of a manufacturing process or industrial operation.

(4) The provisions of this Section do not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or houseware products.

B. It shall be unlawful for any person to possess, buy, sell, or otherwise transfer any substance specified in Subsection A of this Section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of Subsection A.

C. Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

D. Any person who violates any of the provisions of this Section may, in the discretion of the trial judge, be required to participate in an approved drug rehabilitation program, as a condition of probation.

Acts 1988, No. 777,§ 1, eff. July 18, 1988; Acts 1992, No. 933,§ 1, eff. July 9, 1992; Acts 1993, No. 500,§ 1.

Kentucky

http://www.lrc.state.ky.us/KRS/search.idq

217.900 Volatile substance defined -- Inhalation unlawful.

(1) As used in this section, "volatile substance" means any glue, cement, or paint or

other substance containing a solvent or chemical having the property of releasing

toxic vapors or fumes which when inhaled may cause a condition of intoxication,

inebriation, stupefaction, dulling of the brain or nervous system, or distortion or

disturbance of the auditory, visual, or mental processes.

(2) It shall be unlawful for any person to intentionally smell or inhale the fumes of any

volatile substance, or to induce any other person to do so for the purpose of

inducing a condition described in subsection (1) of this section.

(3) No person shall intentionally sell or offer for sale, deliver or give any volatile

substance to any person for purposes of inhalation in violation of subsection (2) of

this section.

Effective: July 15, 1980

History: Created 1980 Ky. Acts ch. 138, sec. 1, effective July 15, 1980.

Maine

http://janus.state.me.us/legis/statutes/22/title22sec2383-C.html

Title 22: HEALTH AND WELFARE
  Subtitle 2: HEALTH
    Part 5: FOODS AND DRUGS
      Chapter 558: MARIJUANA, SCHEDULED DRUGS, IMITATION SCHEDULED DRUGS AND HYPODERMIC APPARATUSES (HEADING: PL 1989, c. 384, @7 (rpr); PL 1997, c. 340, @4 (rpr))
        
§2383-C. Unlawful use or possession of inhalants

     1. Prohibited acts. A person may not intentionally or knowingly:

A. Inhale, ingest, apply or smell the gases, vapors or fumes of any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors or fumes for the purpose of causing intoxication, euphoria, inebriation, excitement, stupefaction or the dulling of that person's brain or nervous system; or  [1997, c. 325, §1 (new).]

B. Possess any gas, hazardous inhalant, substance containing a volatile chemical or substance containing a chemical material capable of releasing toxic vapors with the intent to violate paragraph A.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

     2. Exclusions. Nothing in this section applies to the inhalation of anesthesia for medical or dental purposes or the inhalation of the vapors or fumes of an alcoholic beverage, the sale and consumption of which is authorized by law. [1997, c. 325, §1 (new).]

     3. Presumption regarding violations. Proof that a person intentionally or knowingly inhaled, ingested, applied or used a substance in a manner contrary to the directions for use, cautions or warnings on a label of a container of the substance gives rise to a presumption that the person violated subsection 1. [1997, c. 325, §1 (new).]

     4. Presumption regarding ingredients. For the purposes of this section, it is presumed that the ingredients in a container are, in fact, the ingredients listed on a label of the container or the ingredients listed for that substance in databases maintained or relied upon by a poison control center certified by a national association of poison control centers. [1997, c. 325, §1 (new).]

     5. Penalties. A person who violates this section commits a civil violation for which a forfeiture, which may not be suspended except as provided in subsection 6, must be adjudged as follows:

A. Not less than $100 or more than $300 for the first offense;  [1997, c. 325, §1 (new).]

B. Not less than $200 or more than $500 for the 2nd offense; and  [1997, c. 325, §1 (new).]

C. Five hundred dollars for the 3rd and each subsequent offense.  [1997, c. 325, §1 (new).]

[1997, c. 325, §1 (new).]

     6. Additional orders. In addition to the civil forfeitures required by subsection 5, the judge may order the person to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution or to undergo evaluation, education or treatment with a licensed social worker or a licensed substance abuse counselor. If the judge orders the person to perform specified work or to undergo evaluation, education or treatment, the judge may suspend a forfeiture imposed pursuant to subsection 5. [1997, c. 325, §1 (new).]