CHAPTER 7 - FOOD AND DRUGS
ARTICLE 1 - IN GENERAL
35-7-101.� Repealed by Laws 1987, ch. 173, � 4.
35-7-102.� Repealed by Laws 1987, ch. 173, � 4.
35-7-103.� Repealed by Laws 1987, ch. 173, � 4.
35-7-104.� Repealed by Laws 1987, ch. 173, � 4.
35-7-105.� Repealed by Laws 1987, ch. 173, � 4.
35-7-106.� Repealed by Laws 1987, ch. 173, � 4.
35-7-107.� Repealed by Laws 1987, ch. 173, � 4.
35-7-108.� Repealed by Laws 1987, ch. 173, � 4.
35-7-109.� Short title.
This act may be cited as the "Wyoming Food, Drug and Cosmetic Safety Act".
35-7-110.� Definitions.
(a)� As used in this act:
(i)� "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing the purchase of food, drugs, devices or cosmetics;
(ii)� "Color" includes black, white and intermediate grays;
(iii)� "Color additive" means a material, other than a material exempt under the federal act, which:
(A)� Is a dye, pigment or other substance from a vegetable, animal, mineral or other source; or
(B)� When added or applied to a food, drug or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto.
(iv)� "Consumer commodity" means any food, drug, device or cosmetic as those terms are defined by this act or by the federal act;
(v)� "Cosmetic" means articles other than soap which are:
(A)� Intended to be rubbed, poured, sprinkled or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; and
(B)� Intended for use as a component of any articles under subparagraph (A) of this paragraph.
(vi)� "Counterfeit drug" means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint or device, or any likeness therefor, of a drug manufacturer, processor, packer or distributor other than the person who in fact manufactured, processed, packed or distributed the drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, the other drug manufacturer, processor, packer or distributor;
(vii)� "Department" means the department of agriculture;
(viii)� "Device" means instruments, apparatus and contrivances, including their components, parts and accessories, intended:
(A)� For use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or
(B)� To affect the structure or any function of the body of man or other animals.
(ix)� "Director" means the director of the Wyoming department of agriculture or his duly authorized representative;
(x)� "Drug" means:
(A)� Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary or any supplement to any of them; and
(B)� Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and
(C)� Articles (other than food) intended to affect the structure or any function of the body of man or other animals; and
(D)� Articles intended for use as a component of any article specified in subparagraph (A), (B) or (C) of this paragraph but does not include devices or their components, parts or accessories.
(xi)� "Establishment" means and includes any place or any area of any establishment in which foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Establishment" does not include a home kitchen where food is prepared and stored for family consumption, or any other place equipped for the preparation, consumption and storage of food on the premise by employees or nonpaying guests;
(xii)� "Federal act" means the Federal Food, Drug, and Cosmetic Act, as amended, (Title 21 U.S.C. � 301 et seq.) and regulations promulgated under the act;
(xiii)� "Food" means:
(A)� Articles used for food or drink for humans including meat and ice intended for human consumption;
(B)� Chewing gum;
(C)� Beverages subject to the Federal Alcohol Administration Act, as amended, (Title 27 U.S.C. � 201 et seq.);
(D)� Articles used for components of any article under subparagraphs (A), (B) and (C) of this paragraph.
(xiv)� "Food additive" means any substance the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food within the meaning of the federal act;
(xv)� An "imitation food" is any food which is in physical characteristics such as taste, flavor, color, texture or appearance which resembles or purports to be or is represented as a food for which a definition and standard of identity has been prescribed and does not conform to such standard;
(xvi)� "Immediate container" does not include package liners;
(xvii)� "Label" means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made by or under this act that any word, statement or other information appear on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container or wrapper, if there is any, of the retail package of the article, or is easily legible through the outside container or wrapper;
(xviii)� "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying the article;
(xix)� "Local board of health" means a county or city board of health established pursuant to W.S. 35-1-301 et seq.;
(xx)� "Local health department" means a health department established by a county, municipality or district pursuant to W.S. 35-1-301 et seq.;
(xxi)� "New drug" means any drug considered to be a new drug under the federal act;
(xxii)� "Official compendium" means the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary or any supplement to any of them;
(xxiii)� "Package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers as interpreted by the federal act;
(xxiv)� "Pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one (1) or more other substances is an "economic poison" within the meaning of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. �� 136 through 136y) which is used in the production, storage or transportation of raw agricultural commodities;
(xxv)� "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale;
(xxvi)� "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing;
(xxvii)� "Regulatory authority" means the authority which issued the license or promulgated the rule or regulation being enforced including the department of agriculture or local health department;
(xxviii)� "Farmers market" means a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products and other items directly to consumers;
(xxix)� "Function" means any official ceremony or organized social occasion;
(xxx)� "Not potentially hazardous food" means any food which does not require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.� The natural pH or the final pH of acidified food must be 4.6 or less;
(xxxi)� "This act" means W.S. 35-7-109 through 35-7-127.
35-7-111.� Prohibited acts.
(a)� No person shall:
(i)� Violate this act or any rules promulgated under it;
(ii)� Introduce or deliver for introduction into commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
(iii)� Adulterate or misbrand any food, drug, device or cosmetic in commerce;
(iv)� Knowingly receive in commerce of any food, drug, device or cosmetic that is adulterated or misbranded;
(v)� Refuse to permit entry, inspection or access to records as authorized by this act;
(vi)� Manufacture any food, drug, device or cosmetic that is adulterated or misbranded;
(vii)� Give a false guaranty or undertaking under this act except by a person who relied upon a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the food, drug, device or cosmetic;
(viii)� Forge, counterfeit or without proper authority use any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under this act;
(ix)� Make, sell or possess any punch, die, plate, stone, or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drugs a counterfeit drug;
(x)� Alter, mutilate, destroy, obliterate or remove any part of the labeling of, or the doing of any other act with respect to a food, drug, device or cosmetic, if done while the article is held for sale (whether or not the first sale) after shipment in commerce and which results in the article being adulterated or misbranded;
(xi)� Repealed By Laws 2000, Ch. 37, � 4.
(xii)� Use in labeling, advertising or other sales promotion of any reference to any report or analysis furnished by the director in compliance with this act.
(b)� No person shall remove or dispose of a detained or embargoed article in violation of W.S. 35-7-114.
(c)� In determining whether labeling or an advertisement is misleading under this act, the following shall be considered:
(i)� Representations made or suggested by statement, word, design, device, sound or in any combination thereof;
(ii)� The extent to which the labeling or advertisement fails to reveal facts material in the light of the representations or facts� material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement or under conditions of use as are customary or usual.
35-7-112.� Cease operations order; injunction proceedings.
(a)� If the director or the director of the department of health pursuant to W.S. 35-7-123(b)(vi) has probable cause to believe that an imminent hazard to the public health exists from� a violation of this act, he may order any person to immediately cease the practice believed to be a violation and shall provide the person an opportunity for a hearing pursuant to the Wyoming Administrative Procedure Act within ten (10) days after issuing the order.
(b)� In addition to any other remedies, the director may apply to the district court for injunctive relief from any person who violates W.S. 35-7-111.
35-7-113.� Penalties and guaranty.
(a)� Any person who knowingly and intentionally violates W.S. 35-7-111 is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Upon a subsequent conviction under W.S. 35-7-111, the person may be punished by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both.
(b)� No person may be convicted under W.S. 35-7-111 if he established a guaranty or undertaking signed by, and containing the name and address of, the person from whom he received the article in good faith, to the effect that the article is not adulterated or misbranded within the meaning of this act and if he furnishes on request of the director the name and address of the person from whom he purchased or received the article in good faith and copies of all documents pertaining to the delivery of the article to him.
(c)� No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, may be punished under W.S. 35-7-111 for the dissemination of the false advertisement.
35-7-114.� Embargo.
(a)� If the director has probable cause to believe that any food, drug, device, cosmetic or consumer commodity is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix a tag or other appropriate marking to the article giving notice that the article is or is suspected of being adulterated or misbranded and has been embargoed.� The director shall release all other articles.
(b)� If the director finds an article embargoed under subsection (a) of this section to be adulterated or misbranded, the director� may immediately petition the district court for the county in which the article is embargoed to condemn the article, otherwise the tag or other marking shall be removed by the director or his agent.
(c)� If the court finds that an embargoed article is adulterated or misbranded, the article, after entry of the decree, shall be destroyed at the owner's expense, under the supervision of the director or his agent. All court costs and fees, transportation costs, and storage and other proper expenses, shall be taxed against the owner of the article or his agent unless the adulteration or misbranding can be corrected by proper labeling or processing of the article.� If so, the court, after entry of the decree and after costs, fees and expenses have been paid and a good and sufficient bond, conditioned that the article shall be correctly labeled or processed, has been executed, may by order direct delivery of the article to the owner for labeling or processing under the supervision of the director.� The expense of supervision shall be paid by the owner.� The article shall be returned to the owner and the bond shall be discharged on the representation to the court by the director that the article is no longer in violation of this act and that the expenses of supervision have been paid.� Nothing in this section prevents the director from authorizing the owner of an adulterated or misbranded article from destroying it as the director prescribes.
35-7-115.� Food; definitions and standards.
(a)� Definitions and standards of identity, quality and fill of container under the federal act or its regulations are the definitions and standards of identity, quality and fill of container in this state. However, when the action will promote honesty and fair dealing in the interest of consumers, the director may promulgate regulations establishing definitions and standards of identity, quality and fill of container for foods where no federal regulations exist. In addition, in conjunction with W.S. 35-7-127, the director may promulgate amendments to any federal or state regulations which set definitions and standards of identity, and may promulgate amendments to any federal or state regulations which set standards of quality and fill of container for foods.
(b)� Temporary permits now or hereafter granted for interstate shipment of experimental packs of food under the federal act are automatically effective in this state.
35-7-116.� Food, drugs and cosmetics; adulteration and misbranding.
A food, cosmetic or a drug or device is adulterated if it is adulterated under the federal act.� A food, cosmetic or a drug or device is misbranded if it is misbranded under the federal act.
35-7-117.� Food; tolerances for added poisonous ingredients.
Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, is unsafe with respect to any particular use or intended use if it is deemed unsafe under section 406 of the federal act.
35-7-118.� New drugs.
No person shall sell, offer for sale, hold for sale or give away any new drug unless an application with respect thereto has been approved and the approval has not been withdrawn under section 505 of the federal act.
35-7-119.� Fair packaging and labeling provisions.
(a)� All labels of consumer commodities, as defined by this act, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. � 1451, et seq.) and the regulations promulgated pursuant thereto as of the effective date of this act.� Consumer commodities exempted from the requirements of section 4 of the Fair Packaging and Labeling Act are also exempt from this subsection.
(b)� The label of any package of a consumer commodity which bears a representation as to the number of servings of the commodity contained in the package shall bear a statement of the net quantity (in terms of weight, measure or numerical count) of each serving.
(c)� No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a) of this section, but nothing in this section prohibits supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents.� Supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure or count that tends to exaggerate the amount of the commodity contained in the package.
(d)� If the director determines that regulations containing prohibitions or requirements other than those prescribed by subsection (a) of this section are necessary to prevent the deception of consumer or to facilitate value comparisons as to any consumer commodity, the director shall promulgate rules and regulations with respect to that commodity in conjunction with W.S. 35-7-127.
(e)� Every retailer and every wholesaler who sells or offers for sale in this state through an establishment or otherwise any meat, which is the product of any country foreign to the United States, shall clearly label the meat as "imported," naming the country of its origin. The department shall promulgate rules and regulations with respect to labeling. As used in this subsection:
(i)� "Meat" means the edible part of the muscle of animals, which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing, but shall not include the muscle found in the lips, snout or ears, nor any edible part of the muscle which has been manufactured, cured, smoked, cooked or processed;
(ii)� "Retailer" means a person regularly engaged in the business of selling meat at retail to the public, and selling only to the user or consumer and not for resale;
(iii)� "Wholesaler" means a person regularly engaged in the business of selling meat at wholesale to retailers for subsequent sale at retail to the public.
(f)� Subsections (a) and (c) of this section shall not apply to the preparation, service, use, consumption or storage of foods at a traditional event or activity pursuant to W.S. 35-7-1703.� The definitions in W.S. 35-7-1702 shall apply to this subsection.
35-7-120.� Regulations.
(a)� The director may promulgate regulations necessary for the efficient enforcement of this act.
(b)� The director may promulgate regulations necessary to ensure that appropriate sanitary conditions and water quality standards are met by any person engaged in the distribution of bulk quantities of water for sale for human consumption.
35-7-121.� Inspections; examinations.
(a)� For purposes of enforcement of this act, the director or a local health department official may, upon presenting appropriate credentials to the owner, operator or agent in charge:
(i)� Enter at reasonable time any factory, warehouse or establishment in which food, drugs, devices or cosmetics are manufactured, processed or packed or held for introduction into commerce or after introduction or to enter any vehicle being used to transport or hold the food, drugs, devices or cosmetics in commerce; and
(ii)� Inspect at any reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers and labeling therein, and to obtain samples necessary to the enforcement of this act, except that paragraph (i) of this subsection and this paragraph do not permit the director to inspect any establishment solely because it holds prepackaged food, drugs or cosmetics for retail sale by that establishment. The frequency of inspections shall be based on the relative food safety risk that the factory, warehouse, establishment or vehicle presents to the public, with no such facility receiving less than one (1) inspection per year;
(iii)� Have access to and to copy all records of carriers in commerce showing the movement in commerce of any food, drugs, devices or cosmetics, or holding thereof during or after movement, and the quantity, shipper and consignee thereof.
(b)� Upon completion of any inspection under this section but before leaving the premises, the director shall give to the owner, operator or agent in charge a report in writing setting forth any conditions or practices observed by him which in his judgment indicate that any food, drug, device or cosmetic in the establishment:
(i)� Consists in whole or in part of any filthy, putrid or decomposed substance; or
(ii)� Have been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.� A copy of the report shall be sent promptly to the director.
(c)� If the director obtains any sample during an inspection under this section, he shall give to the owner, operator or agent in charge a receipt describing the samples obtained before leaving the premises.
(d)� If the director obtains a sample of any food during an inspection under this section and an analysis is made of the sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator or agent in charge.
(e)� Repealed By Laws 2000, Ch. 37, � 4.
(f)� Any person conducting an inspection of an establishment for the department or any local health department shall demonstrate their qualifications by being a Wyoming or nationally registered environmental health specialist or sanitarian, a registered food safety specialist or hold an in-training status and be working toward registration, be standardized by the federal food and drug administration or meet qualifications set forth by the director in conjunction with the food safety council. Only a registered environmental health specialist or a registered food safety specialist shall be authorized to recommend the summary suspension of an establishment license by a regulatory authority pursuant to W.S. 35-7-125.
(g)� Any inspector hired by a regulatory authority prior to July 1, 2000, shall have two (2) years from July 1, 2000 to meet the qualifications set forth in subsection (f) of this section. Any inspector hired by a regulatory authority after July 1, 2000, shall have one (1) year to meet the qualifications set forth in subsection (f) of this section.
(h)� Subsection (a) of this section shall not apply to food prepared for, served, consumed, stored or sold at a traditional event or activity pursuant to W.S. 35-7-1703.� The definitions in W.S. 35-7-1702 shall apply to this subsection.
35-7-122.� Publicity.
(a)� The director may cause to be published from time to time reports summarizing all judgments, decrees and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof.
(b)� The director may also cause to be disseminated any information regarding food, drugs, devices and cosmetics as the director deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section prohibits the director from collecting, reporting and illustrating the results of his investigations, except that the director shall not disclose any information acquired under this act such as customer lists, manufacturing volumes and information concerning any method or process which as a trade secret is entitled to protection.
35-7-123.� Establishment of food safety system.
(a)� The director of the department of agriculture shall establish and maintain a food safety program located within the department. The director shall carry out the provisions of the food safety program and shall be assisted by the director of the department of health. A local department of health, if established according to law, may establish and maintain its own local food safety program so long as the program meets the requirements of this act. The director of the department of agriculture or his designee shall:
(i)� Gather food safety information and disseminate the information to the public, food industry and to local departments of health with a food safety program;
(ii)� On a voluntary basis, provide food safety training for the food industry in this state, work with other state, local and federal agencies to coordinate food safety educational efforts;
(iii)� Regulate the safety of foods and work together with the department of health and the governor's food safety council established pursuant to W.S. 35-7-127 to promulgate rules and regulations necessary to carry out the provisions of this act. In any area which does not have a local food safety program established pursuant to law, the department shall issue licenses, conduct inspections, hold hearings to enforce any legal provision or rule promulgated under this act;
(iv)� Maintain a statewide database of food licenses and inspection results;
(v)� Work with federal, state and local agencies to coordinate food safety efforts and activities, and coordinate with all other agencies to maintain consistency in inspection and enforcement activities;
(vi)� Establish food safety priorities for this state based on risk and information provided by the department of health;
(vii)� Provide laboratory support for the analysis of routine food and water samples used to support inspection activities and to monitor safety;
(viii)� Report each year to the department of health on how the food safety activities have addressed the epidemiological data provided by the department of health;
(ix)� Assist the department of health, or any local jurisdiction, when requested to investigate possible food borne and water related illness;
(x)� Establish and maintain a meat inspection program for this state. However, nothing in this act shall be construed to grant authority in the director of the department of agriculture or his designee for the inspection or regulation of live animal production or the processing and storage of meat by a producer of live animals for nonprofit consumption.
(b)� The director of the department of health or his designee shall:
(i)� Carry out the surveillance of food borne illness with assistance from the department of agriculture and report each year to the department of agriculture and local jurisdictions on the leading causes of food borne illness;
(ii)� Participate with the department of agriculture and the governor's food safety council established pursuant to W.S. 35-7-127 in a joint food safety rulemaking process;
(iii)� Ensure the department of health is the lead agency for the investigation of possible food borne illness and outbreaks and to request assistance from the department of agriculture and local jurisdictions as determined to be necessary by the department of health;
(iv)� Provide laboratory support for and conduct analysis of samples connected with disease outbreak investigations;
(v)� Provide support for local food safety programs as authorized by the legislature;
(vi)� Take appropriate action against any person holding a food license for the purpose of protecting the public health and preventing the transmission of infectious disease;
(vii)� Provide consultation and advice on food borne illness to local jurisdictions and to the department of agriculture as requested.
(c)� Duties of a local board of health shall include:
(i)� Issuing licenses, conducting inspections, holding hearings and taking enforcement actions as necessary to carry out the provisions of the food safety program;
(ii)� Promulgating rules containing provisions for inspections which may differ from state food safety regulations promulgated under this act so long as direct food safety and disease transmission requirements including cooking temperatures, hot and cold holding temperatures, reheating times and temperatures, cooling times and temperatures, and such other requirements as determined by the department of agriculture, do not differ;
(iii)� Coordinating activities with the department of agriculture in order to provide for statewide consistency;
(iv)� Providing the department of agriculture with a quarterly report providing information on any food licenses issued and the results of any food inspections;
(v)� Reporting to the department of health any food borne outbreak of illness and assist the department of health in any outbreak investigations, if requested.
(d)� A local jurisdiction may provide laboratory support for food safety and drinking water inspection and accompanying monitoring activities.
35-7-124.� License required; exemptions; electronic transmittals.
(a)� Any person processing, distributing, storing or preparing any food for sale shall obtain a license from the department of agriculture or a local health department. The license is not transferable, shall be renewed on an annual basis and shall be prominently displayed in the establishment. No food establishment shall serve, hold for sale or sell food to the public without a valid license. An agricultural producer shall be exempt from the licensure requirement in this section for processing, distributing, storing or sale of any raw agricultural commodity he produces.
(b)� Written application for a new license shall be made on a form approved by the department of agriculture and provided by the department of agriculture or the local health department and shall be signed by the applicant.� License requirements and fees for temporary food events operated by nonprofit organizations shall be waived. Licenses shall expire one (1) year after the date of issuance unless suspended or revoked. Licenses may be renewed each year upon application to the department or local health department. The director shall establish license categories and fees by rule and no fee shall exceed one hundred dollars ($100.00).
(c)� Fees collected under this section shall be distributed as follows:
(i)� In any county, city or district without a local health department established pursuant to W.S. 35-1-301 et seq., the department of agriculture shall receive ninety percent (90%) of the amount of the fee collected and the department of health shall receive ten percent (10%). The revenues shall be deposited into a special account and shall be used to defer the cost associated with the food safety program;
(ii)� In any county, city or district with a local health department established pursuant to W.S. 35-1-301 et seq., the local health department shall receive eighty-five percent (85%) of the amount of the fee collected, the department of agriculture shall receive ten percent (10%) and the department of health shall receive five percent (5%). The revenues shall be deposited into a special account and shall be used to defer the cost associated with the food safety program.
(d)� Before approving an application, the department of agriculture or the local health department shall determine that the establishment is in compliance with this act and any regulations promulgated hereunder.
(e)� The provisions of subsection (a) of this section shall not apply to food operators or kitchens in private homes that prepare food that is not potentially hazardous and prepared for sale or use at farmers' markets, roadside stands, private homes and at functions including, but not limited to those operated by not for profit charitable or religious organizations.
(f)� The director may allow the permitting, registration, licensing, testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
(g)� Subsection (a) of this section shall not apply to food prepared for, served, consumed, stored or sold at a traditional event or activity pursuant to W.S. 35-7-1703.� The definitions in W.S. 35-7-1702 shall apply to this subsection.
35-7-125.� Summary suspension of a license.
(a)� A regulatory authority may summarily suspend a license to operate a food establishment if it determines through consultation with a health officer, inspection, examination of food, employees, records or other authorized means that an imminent health hazard exists including, but not limited to, fire, flood, extended interruption of electrical or water service, or sewage backup.
(b)� The regulatory authority may summarily suspend a person's license by providing written notice of the summary suspension to the license holder or person in charge, without prior warning, notice of a hearing or a hearing.
(c)� The regulatory authority shall conduct an inspection of the establishment or food processing plant for which the license was summarily suspended within forty-eight (48) hours after receiving notice from the license holder stating that the conditions cited in the summary suspension order no longer exist.
(d)� A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the elimination of the conditions has been confirmed by the regulatory authority through inspection or other means as appropriate. A suspended license shall be reinstated immediately if the regulatory authority determines that the imminent health hazard no longer exists. A notice of reinstatement shall be provided to the license holder or person in charge of the establishment.
(e)� Temporary food events where no admission fee is charged and where no fee is charged for food shall not be subject to the license suspension provisions of this section.
35-7-126.� License revocation.
(a)� The regulatory authority may initiate revocation proceedings for an establishment license:
(i)� Repealed By Laws 2003, Ch. 38, � 2.
(ii)� Repealed By Laws 2003, Ch. 38, � 2.
(iii)� Repealed By Laws 2003, Ch. 38, � 2.
(iv)� For failure to correct conditions for which a summary suspension was issued;
(v)� For failure to correct critical violations from routine inspections;
(vi)� For multiple critical violations on multiple occasions;
(vii)� For a refusal to grant access pursuant to W.S. 35-7-121.
(b)� The regulatory authority shall issue notice of a hearing to the license holder.� The notice and the hearing shall be governed by the provisions of the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
(c)� Upon completion of the hearing and consideration of the record, the regulatory authority shall issue an order� which shall include findings of fact and conclusions of law.
(d)� The decision of the regulatory authority may be appealed to the district court pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 et seq.
35-7-127.� Governor's food safety council.
(a)� There is created the governor's food safety council. The governor shall appoint eleven (11) members of the council as follows:
(i)� One (1) member who is an employee of the department of agriculture;
(ii)� One (1) member who is an employee of the department of health;
(iii)� One (1) member who is an employee of the laboratory of the department of agriculture or the department of health;
(iv)� One (1) member from a local health department;
(v)� One (1) ex officio nonvoting member who is an employee of the University of Wyoming cooperative extension service;
(vi)� Four (4) members representing the food industry, at least one (1) member representing restaurants and one (1) member representing retail food stores; and
(vii)� Two (2) members with no connections to the food industry representing the general public as consumer representatives.
(b)� Members of the council shall hold office for staggered terms of three (3) years. For the initial council, three (3) members shall be appointed for a term of three (3) years, three (3) members shall be appointed for a term of two (2) years and five (5) members shall be appointed for a term of one (1) year. Each member shall hold office until his successor is appointed. The governor may remove any member pursuant to W.S. 9-1-202.
(c)� No rule shall be promulgated by the department of agriculture or a local health department under this act until the department has consulted with the governor's food safety council and received comment from the council.
(d)� The members of the council shall not receive compensation for their service, but shall receive reimbursement for traveling expenses as provided by W.S. 9-3-102 for state employees from the department of agriculture.
(e)� The council shall meet not less than once each year.
ARTICLE 2 - STATE CHEMIST
35-7-201.� Under direction of department of agriculture; appointment; duties generally; salary and expenses; fee for analysis.
(a)� The office of state chemist heretofore created by the legislature is hereby transferred with all present and existing appropriations and all property under its control to the state department of agriculture of Wyoming, and shall hereafter be under the direction and supervision of said department. The state chemist shall be appointed by the state board of agriculture with the approval of the Wyoming personnel division and his salary shall be determined and fixed by the Wyoming personnel division to be paid by the state of Wyoming out of any money not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of other accounts against the state, and he shall receive no other salary.
(b)� It shall be the duty of the state chemist to make or cause to be made, analysis of such foods, drugs, drinks, gasoline, illuminating oils or other materials relative to the enforcement of this article, as shall be submitted to him or shall be deemed advisable for such analysis, and make a full and complete written report of the same, and when so requested, it shall be his duty to testify in court. He shall receive his necessary traveling expenses as paid to other state employees as allowed by law, to be paid by the state of Wyoming when employed in performing the duties of his office.
(c)� Any person, firm, corporation or association, with the exception of cities, counties and state regulatory agencies, who shall submit any article or commodity for analysis or examination shall remit such fee as may be established for the purpose of making this service available to the general public at a reasonable cost, but which fee shall be comparable to that charged for the same service by commercial laboratories operating within the state. Accounting shall be made of all fees so received by the state chemist and shall be paid into the general fund.
(d)� The state chemist may allow the testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
35-7-202.� Employment of assistant and second assistant chemists; salaries; location of office; duties generally.
The state chemist by and with the approval of the state board of agriculture is hereby authorized to employ an assistant to the state chemist and a second assistant to the state chemist who shall receive salaries to be determined and fixed by the Wyoming personnel division; the salaries to be paid by the state of Wyoming out of any moneys not otherwise appropriated, the same to be paid by the state auditor in the manner provided for the payment of such accounts against the state. The assistant chemists shall keep their offices at the University of Wyoming and the board of trustees of said university shall furnish the necessary room for the carrying out of the provisions of this article.� The assistant chemists shall perform such duties as they may be required to perform by the state chemist.
35-7-203.� Expenses.
The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the legislature as a contingent fund for the state chemist; provided, that the expense shall be limited to the appropriation made.
35-7-204.� Seal; report.
The state chemist shall keep a seal with which to attest official acts and documents. He shall, as required by W.S. 9-2-1014, report to the governor, on or before the first day of October of each year, including itemized statements of all persons employed by him together with such statistics and other matter as he may regard of value to the administration or public at large.
ARTICLE 3 - ADULTERATING OR MISBRANDING
35-7-301.� Repealed by Laws 1987, ch. 173, � 4.
35-7-302.� Repealed by Laws 1987, ch. 173, � 4.
35-7-303.� Repealed by Laws 1987, ch. 173, � 4.
35-7-304.� Repealed by Laws 1987, ch. 173, � 4.
35-7-305.� Repealed by Laws 1987, ch. 173, � 4.
35-7-306.� Repealed by Laws 1987, ch. 173, � 4.
35-7-307.� Repealed by Laws 1987, ch. 173, � 4.
35-7-308.� Repealed by Laws 1987, ch. 173, � 4.
35-7-309.� Repealed by Laws 1987, ch. 173, � 4.
35-7-310.� Repealed by Laws 1987, ch. 173, � 4.
35-7-311.� Repealed by Laws 1987, ch. 173, � 4.
35-7-312.� Repealed by Laws 1987, ch. 173, � 4.
35-7-330.� Repealed by Laws 1987, ch. 173, � 4.
35-7-331.� Repealed by Laws 1987, ch. 173, � 4.
35-7-332.� Repealed by Laws 1987, ch. 173, � 4.
35-7-333.� Repealed by Laws 1987, ch. 173, � 4.
35-7-334.� Repealed by Laws 1987, ch. 173, � 4.
35-7-335.� Repealed by Laws 1987, ch. 173, � 4.
35-7-336.� Repealed by Laws 1987, ch. 173, � 4.
35-7-350.� Short title.
This act shall be known and may be cited as the "Wyoming Environmental Pesticide Control Act of 1973".
35-7-351.� Enforcing agency.
This act shall be administered by the department of agriculture of the state of Wyoming, hereinafter referred to as the "department".
35-7-352.� Declaration of purpose.
The legislature hereby finds that pesticides and devices are valuable to our state's agricultural production and to the protection of man and the environment from insects, rodents, weeds, and other forms of life which may be pests, and it is essential to the public health and welfare that they be regulated closely to prevent adverse effects on human life and the environment. The purpose of this act is to regulate, in the public interest, the labeling, distribution, storage, transportation, disposal, use and application of pesticides to control pests. New pesticides are continually being discovered or synthesized which are valuable for the control of pests, and for use as defoliants, desiccants, plant regulators, and related purposes. The dissemination of accurate scientific information as to the proper use or nonuse, of any pesticide, is vital to the public health and welfare and the environment both immediate and future. Therefore, it is deemed necessary to provide for registration of pesticides and devices.
35-7-353.� Board of certification.
A board of certification is established consisting of the director of the department of agriculture, and a member of the Wyoming weed and pest council and a University of Wyoming weed or pest specialist to be appointed by the governor. The governor may remove any member he appoints as provided in W.S. 9-1-202.
35-7-354.� Definitions.
(a)� "Applicator" or "operator" means:
(i)� "Certified applicator" means any individual who is certified by the director as being competent with respect to the use and handling of pesticides, or of the use and handling of the pesticide or class of pesticides covered by the individual's certification;
(ii)� "Commercial applicator" means a certified applicator (whether or not he is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (a)(iii) of this subsection;
(iii)� "Private applicator" means any certified applicator who uses or supervises the use of any restricted use pesticide which is restricted to use by certified applicators and only for purposes of producing any agricultural commodity on property owned by him or his employer or under his control or (is applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person.
(b)� "Board of agriculture" means that body established by law under W.S. 11-2-102.
(c)� "Device" means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man, or bacteria, virus, or other microorganism on or in living man or other living animals) but does not include equipment used for the application of pesticides when sold separately therefrom.
(d)� "Pesticide" means:
(i)� Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests;
(ii)� Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and
(iii)� Any substance or mixture of substances intended to be used as a spray adjuvant.
(e)� "Restricted use pesticide" means any pesticide product, the label of which states "restricted use" as required for registration by the environmental protection agency under the federal Insecticide, Fungicide and Rodenticide Act of 1972, as amended.
35-7-355.� Director to administer and enforce provisions; board of certification to adopt regulations.
The director of the department of agriculture shall administer and enforce the provisions of this act and regulations issued thereunder. The board of certification may issue regulations after a public hearing following due notice to all interested persons in conformance with the provisions of the Wyoming Administrative Procedure Act to carry out the provisions of this act. Regulations may prescribe methods to be used in the application of pesticides, may prescribe standards for the classification and certification of applicators of pesticides, and may require certification, licensing, payment of reasonable fees for licensing or certification, submission of information, and passing of examinations by applicators of pesticides. Where the board of certification finds that regulations are necessary to carry out the purpose and intent of this act, the regulations may relate to the time, place, manner, methods, materials, and amounts and concentrations, in connection with the application of the pesticide, and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the board deems necessary. The department may issue licenses.� Notwithstanding the provisions of W.S. 35-7-354(e), the board of agriculture, by regulation, following a hearing and pursuant to the Wyoming Administrative Procedure Act, may declare a specific pesticide or pesticide use a "restricted use pesticide", but only following a recommendation of the board of certification, and a finding of fact, in a public hearing conducted by the board of certification, that unreasonable adverse effects on the environment, including man, pollinating insects, animals, crops, wildlife and lands, other than pests, may reasonably occur.� The director of the department of agriculture may allow the registration, licensing, testing, inspection and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirements.
35-7-356.� Registration.
(a)� Every pesticide or device which is distributed within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the department of agriculture by its manufacturer or formulator subject to the provisions of this act. The registration shall be renewed annually prior to December 31 of each year but not if a pesticide or device is shipped from one plant or warehouse to another plant or warehouse as a constituent part to make a pesticide or device which is registered under the provisions of this act, if the pesticide or device is not sold and if the container thereof is plainly and conspicuously marked "For Experimental Use Only", together with the manufacturer's name and address, or if a written permit has been obtained from the department to sell the specific pesticide or device for experimental purposes subject to restrictions and conditions set forth in the permit.
(b)� The applicant for registration shall file a statement with the department which shall include:
(i)� The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;
(ii)� The name of the pesticide or device;
(iii)� Other necessary information required for completion of the department's application for registration form;
(iv)� The use classification as provided in the Federal Insecticide, Fungicide, and Rodenticide Act when required by regulations under this act.
(c)� The director may require a full description of the tests made and the results thereof upon which the claims are based on any pesticide or device on which restrictions are being considered. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide or device was registered or last registered. The director may prescribe other necessary information by regulation.
(d)� Every registrant of pesticides or device shall pay an annual registration fee of seventy-five dollars ($75.00) each for every product registered. All registrations shall expire on December 31 of each year, following the date of the registration, and may thereupon be renewed for successive periods of twelve (12) months upon payment of the proper fee.� Funds collected pursuant to this section shall be deposited in the special natural resource account in the department of agriculture which is hereby created for programs authorized by W.S. 11-5-113 and 11-5-303.
(e)� Any registration approved by the director and in effect on December 31 for which a renewal application has been made and the proper fee paid, shall continue in full force and effect until such time as the director notifies the applicant that the registration has been renewed, or otherwise denied in accord with the provisions of W.S. 35-7-358. Forms for registration shall be mailed to registrants at least thirty (30) days prior to the due date.
(f)� If it appears to the director that the composition of the pesticide or device is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of this act he shall register the pesticide.
35-7-357. �Experimental use permits.
(a)� Any person may apply to the director of the department of agriculture for an experimental use permit for a pesticide. The director may issue an experimental use permit if he determines that the applicant needs the permit in order to accumulate information necessary to register a pesticide under this act. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
(b)� Use of a pesticide under an experimental use permit shall be under the supervision of the director, and shall be subject to such terms and conditions and be for such period of time as the director may prescribe in the permit.
(c)� The director may revoke any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
35-7-358.� Refusal to register; cancellation; suspension; legal recourse.
(a)� If it does not appear to the director of the department of agriculture that the pesticide or device is such as to warrant the proposed claims for it or if the pesticide or device and its labeling and other material required to be submitted do not comply with the provisions of this act or regulations adopted thereunder, he shall notify the applicant of the manner in which the pesticide or device, labeling, or other material required to be submitted fails to comply with the provisions of this act so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of notice, the applicant does not make the required changes the director may refuse to register the pesticide or device. The applicant may request a hearing as provided for in the Wyoming Administrative Procedure Act.
(b)� The director, when he determines that the pesticide or device or labeling does not comply with the provisions of the act or the regulations adopted thereunder, may cancel the registration of a pesticide or device after a hearing in accordance with the provisions of the Wyoming Administrative Procedure Act.
(c)� The director, when he determines that there is an imminent hazard, may suspend on his own motion, the registration of a pesticide in conformance with the provisions of the Wyoming Administrative Procedure Act.
(d)� Any person who will be adversely affected by an order under this section may obtain judicial review in accord with the Wyoming Administrative Procedure Act.
35-7-359.� Classification of licenses.
(a)� Licenses shall include but are not limited to:
(i)� Commercial applicator license;
(ii)� Private applicator license.
35-7-360.� Liability for damage; service of process.
(a)� Repealed by Laws 1979, ch. 91, � 3.
(b)� Repealed by Laws 1979, ch. 91, � 3.
(c)� Nothing in this act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of this act.
(d)� Before the director shall issue a pesticide applicator's license to a nonresident to apply pesticides in this state, each nonresident pesticide applicator shall appoint the director as his attorney to receive services of legal process issued against the pesticide applicator in this state. The appointment, effect of appointment, and procedures for service of process shall be as provided by W.S. 26-3-121 and 26-3-122.
35-7-361.� Inspection of equipment.
The director may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.
35-7-362.� Reciprocal agreement.
The director may issue a license or certification on a reciprocal basis with other states without examination to a nonresident who is licensed, or certified, in another state substantially in accordance with the provisions of this act but financial security as provided for in W.S. 35-7-360 shall be submitted by nonresident commercial applicators.
35-7-363.� Exemptions.
(a)� The provision of W.S. 35-7-355 relating to licenses and requirements for their issuance shall not apply to any private applicator applying pesticides for himself or with ground equipment or manually for his neighbors, except as to specific regulations as to the use of restricted pesticides and certification qualifications for private applicators, if:
(i)� He operates farm property or operates and maintains pesticide application equipment primarily for his own use;
(ii)� He is not engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and he does not publicly hold himself out as a pesticide applicator.
(b)� The word "device" shall not be construed to mean fly swatter, butterfly net, or any mechanical contrivance used to trap or kill insects or rodents.
35-7-364.� Discarding and storing of pesticides and pesticide containers.
No person shall discard, transport, or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any waterway in a way harmful to any wildlife therein. The board of certification may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers.
35-7-365.� Subpoenas.
The director may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records in the state in any hearing affecting the authority or privilege granted by a license, registration, or permit issued under the provisions of this act.
35-7-366.� Penalties.
(a)� Any person violating any provision of W.S. 35-7-350 through 35-7-375 or regulation thereunder is guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail for not more than one (1) year, or both, for the first offense, and upon conviction for a subsequent offense shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both. Any offense committed more than three (3) years after a previous conviction shall be considered a first offense.
(b)� The director may bring an action to enjoin the violation or threatened violation of any provision or any regulation made pursuant to W.S. 35-7-350 through 35-7-375 in a court of competent jurisdiction of the county in which the violation occurs or is about to occur. The action may be initiated by the attorney general or the district attorney for the county in which the violation has or is about to occur.
(c)� No state court shall allow the recovery of damages from administrative action taken if the court finds that there was probable cause for such action.
35-7-367.� Enforcement.
(a)� The sampling and examination of pesticides or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this act. The director is authorized, upon presentation of proper identification, to enter any distributor's premises, including any vehicle of transport, at all reasonable times in order to have access to pesticides or devices. If it appears from such examination that a pesticide or device fails to comply with the provisions of this act or regulations adopted thereunder, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity within a reasonable time to present his views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director, it appears that the provisions of the act or regulations adopted thereunder have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such pesticide or device to the district attorney for the county in which the violation occurred.
(b)� Nothing in this act shall be construed as requiring the director to report minor violations of this act for prosecution or for the institution of condemnation proceedings when he believes that the public interest will be served best by a suitable notice of warning in writing.
(c)� For the purpose of carrying out the provisions of this act the director may enter upon any public or private premises at reasonable times, in order:
(i)� To have access for the purpose of inspecting any equipment subject to this act and such premises on which the equipment is kept or stored;
(ii)� To inspect lands actually or reported to be exposed to pesticides;
(iii)� To inspect storage or disposal areas;
(iv)� To inspect or investigate complaints of injury to humans or land;
(v)� To sample pesticides being applied or to be applied.
(d)� If the director is denied access to any land where access was sought for the purposes set forth in this act, he may apply to any court of competent jurisdiction for a search warrant authorizing access to such lands for the stated purposes. The court shall with probable cause upon such application issue the search warrant for the purposes requested.
(e)� The director may bring an action to enjoin the violation or threatened violation of any provision of this act or any rule made pursuant to this act in the district court of the county in which such violation occurs or is about to occur.
35-7-368.� Cooperation.
The director is authorized to cooperate with and enter into agreements with any other agency of this state, the United States, and any other state or agency thereof for the purpose of carrying out the provisions of this act and securing uniformity of regulation.
35-7-369.� Disposition of funds.
All moneys received by the department under the provisions of this act shall be deposited into the treasury of the state to the credit of the general fund, excluding those funds collected pursuant to W.S. 35-7-356(d).
35-7-370.� Severability.
If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this act and applicability thereof to other persons and circumstances shall not be affected thereby.
35-7-371.� Prior liability.
The enactment of this act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this act becomes effective.
35-7-372.� Jurisdiction; repeals.
Jurisdiction in all matters pertaining to the registration, distribution, transportation and disposal of pesticides and devices is by this act vested exclusively in the director and board of certification and all acts and parts of acts inconsistent with this act are hereby expressly repealed.
35-7-373.� Registration of aircraft.
(a)� Any person engaged in the activity or business of applying pesticides utilizing any type of aircraft shall register each aircraft annually with the Wyoming department of agriculture, on a printed form provided by the department. The registration shall include the following:
(i)� Manufacturer, model and type of aircraft;
(ii)� Identification number assigned to the aircraft;
(iii)� Owner of the aircraft; and
(iv)� User of the aircraft if different from the owner.
(b) �The fee authorized by W.S. 11-1-104 shall be charged to each person registering aircraft. Aircraft shall be registered on or before April 1 of each year.
35-7-374.� Prohibited acts.
(a)� It is unlawful for any person to:
(i)� Detach, alter, deface or destroy, in whole or in part, any labeling prior to proper disposal of the pesticide containers;
(ii)� Refuse to keep any records as required by the director by regulation or to refuse to allow the inspection of such records by the director during normal working hours;
(iii)� Make available for use, or to use, any restricted pesticide classified for restricted use for some or all purposes, except by or under the direct supervision of a certified applicator;
(iv)� Use any registered pesticide in a manner inconsistent with its labeling which means to use any registered pesticide in a manner not permitted by the labeling, or not authorized by the director under a special local need registration, an experimental use permit or an emergency exemption, provided that this paragraph does not include:
(A)� Applying a pesticide at any dosage, concentration or frequency less than that specified on the labeling;
(B)� Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal or site specified on the labeling;
(C)� Employing any method of application not prohibited by the labeling; or
(D)� Mixing a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the labeling.
(v)� To falsify any records required by the director by regulation;
(vi)� To falsify any application, examination or affidavit for certification or license;
(vii)� Other than certified applicators or persons working under their direct supervision to use restricted use pesticides;
(viii)� To use restricted use pesticides inconsistent with the applicator category of certification.
(b)� If the director finds that the violation occurred despite the exercise of due care or did not cause significant harm to another person, to health or to the environment, he shall issue a warning in lieu of prosecution.
35-7-375.� Required notification of pesticide application on or within school buildings.
(a)� Any commercial applicator licensed under W.S. 35-7-359 or any other person shall provide notification required by this section of the application of any pesticide as defined under W.S. 35-7-354(d) which is applied on or within any building or other real property used by a school district primarily for the education of students, including any property used by the district for student activities or playgrounds. Notice under this subsection shall be provided to the district not less than seventy-two (72) hours prior to application and the district shall further notify students, teachers and staff. All notices distributed under this subsection shall be marked with a distribution date and include information indicating date of application, location of application or treatment area, pest to be controlled, name and type of pesticide to be applied and a contact for additional information. All notices distributed under this subsection shall be retained by the school or school district for two (2) years.
(b)� In addition to notice required under subsection (a) of this section, the licensed commercial applicator or other school employee applying pesticides shall post signs on the school building or property stating the date of application, the location of the application or treatment area, the name and type of the pesticide to be applied and a contact for additional information. Upon request, the licensed commercial applicator or other school employee shall provide information on how to obtain additional information on the pesticide. Not less than twelve (12) hours before application of pesticides within school buildings, signs shall be posted at main entrances to school buildings and at the entrances to the specific application area within buildings. If pesticide application is made outdoors to any area adjacent to a school building or on property used by the district for student activities or playgrounds, signs shall be posted immediately adjacent to the treated area and at the entrance to the district property. The signs shall remain posted for seventy-two (72) hours.
(c)� Anti-microbial pesticides defined under W.S. 35-7-354(d), such as disinfectants and sanitizers used by school employees for cleaning purposes and insect or rodent bait stations of the type available for home use are exempted from the notification and posting requirements specified in subsections (a) and (b) of this section.
ARTICLE 4 - SANITARY REGULATIONS GENERALLY
35-7-401.� Repealed by Laws 1987, ch. 173, � 4.
35-7-402.� Repealed by Laws 1987, ch. 173, � 4.
35-7-403.� Repealed by Laws 1987, ch. 173, � 4.
35-7-404.� Repealed by Laws 1987, ch. 173, � 4.
35-7-405.� Repealed by Laws 1987, ch. 173, � 4.
35-7-406.� Repealed by Laws 1987, ch. 173, � 4.
35-7-407.� Repealed by Laws 1987, ch. 173, � 4.
35-7-408.� Repealed by Laws 1987, ch. 173, � 4.
35-7-409.� Repealed by Laws 1987, ch. 173, � 4.
35-7-410.� Repealed by Laws 1987, ch. 173, � 4.
35-7-411.� Repealed by Laws 1987, ch. 173, � 4.
35-7-412.� Repealed by Laws 1987, ch. 173, � 4.
35-7-413.� Repealed by Laws 1987, ch. 173, � 4.
35-7-414.� Repealed by Laws 1987, ch. 173, � 4.
35-7-415.� Repealed by Laws 1987, ch. 173, � 4.
ARTICLE 5 - MILK AND MILK PRODUCTS
35-7-501.� Repealed by Laws 1991, ch. 173, � 2.
35-7-502.� Repealed by Laws 1991, ch. 173, � 2.
35-7-503.� Repealed by Laws 1991, ch. 173, � 2.
35-7-504.� Repealed by Laws 1991, ch. 173, � 2.
35-7-505.� Repealed by Laws 1991, ch. 173, � 2.
35-7-506.� Repealed by Laws 1991, ch. 173, � 2.
35-7-507.� Repealed by Laws 1991, ch. 173, � 2.
35-7-508.� Repealed by Laws 1991, ch. 173, � 2.
35-7-509.� Repealed by Laws 1991, ch. 173, � 2.
35-7-510.� Repealed by Laws 1982, ch. 11, � 2.
35-7-511.� Repealed by Laws 1991, ch. 173, � 2.
35-7-512.� Repealed by Laws 1982, ch. 11, � 2.
35-7-513.� Repealed by Laws 1991, ch. 173, � 2.
35-7-514.� Repealed by Laws 1991, ch. 173, � 2.
35-7-515.� Repealed by Laws 1991, ch. 173, � 2.
35-7-516.� Repealed by Laws 1991, ch. 173, � 2.
35-7-517.� Repealed by Laws 1991, ch. 173, � 2.
35-7-518.� Repealed by Laws 1991, ch. 173, � 2.
35-7-519.� Repealed by Laws 1991, ch. 173, � 2.
35-7-520.� Repealed by Laws 1991, ch. 173, � 2.
35-7-521.� Repealed by Laws 1991, ch. 173, � 2.
35-7-522.� Repealed by Laws 1991, ch. 173, � 2.
35-7-523.� Repealed by Laws 1991, ch. 173, � 2.
35-7-524.� Repealed by Laws 1991, ch. 173, � 2.
35-7-525.� Repealed by Laws 1991, ch. 173, � 2.
35-7-526.� Repealed by Laws 1991, ch. 173, � 2.
35-7-527.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-528.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-529.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-530.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-531.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-532.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-533.� Repealed By Laws 2000, Ch. 37, � 4.
ARTICLE 6 - IMITATION BUTTER AND CHEESE; OLEOMARGARINE
35-7-601.� Repealed by Laws 1987, ch. 173, � 4.
35-7-602.� Repealed by Laws 1987, ch. 173, � 4.
35-7-603.� Repealed by Laws 1987, ch. 173, � 4.
35-7-604.� Repealed by Laws 1987, ch. 173, � 4.
35-7-605.� Repealed by Laws 1987, ch. 173, � 4.
35-7-606.� Repealed by Laws 1987, ch. 173, � 4.
35-7-607.� Repealed by Laws 1987, ch. 173, � 4.
35-7-608.� Repealed by Laws 1987, ch. 173, � 4.
35-7-609.� Repealed by Laws 1987, ch. 173, � 4.
35-7-620.� Repealed by Laws 1987, ch. 173, � 4.
35-7-621.� Repealed by Laws 1987, ch. 173, � 4.
35-7-622.� Repealed by Laws 1987, ch. 173, � 4.
35-7-623.� Repealed by Laws 1987, ch. 173, � 4.
ARTICLE 7 - WHOLESOME MEAT
35-7-701.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-702.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-703.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-704.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-705.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-706.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-707.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-708.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-709.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-710.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-711.� Repealed By Laws 2000, Ch. 37, � 4.
ARTICLE 8 - SALE AND LABELING OF EGGS
35-7-801.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-802.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-803.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-804.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-805.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-806.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-807.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-808.� Repealed By Laws 2000, Ch. 37, � 4.
ARTICLE 9 - ENRICHMENT OF FLOUR AND BREAD
35-7-901.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-902.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-903.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-904.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-905.� Repealed By Laws 2000, Ch. 37, � 4.
35-7-906.� Repealed By Laws 2000, Ch. 37, � 4.
ARTICLE 10 - CONTROLLED SUBSTANCES
35-7-1001.� Short title.
This act shall be known and may be cited as the "Wyoming Controlled Substances Act of 1971".
35-7-1002.� Definitions.
(a)� As used in this act:
(i)� "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(A)� A practitioner (or by his authorized agent); or
(B)� The patient or research subject at the direction of the practitioner.
(ii)� "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman;
(iii)� Repealed By Laws 2011, Ch. 45, � 2.
(iv)� "Controlled substance" means a drug, substance, or immediate precursor in schedules I through V of article III;
(v)� "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance;
(vi)� "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship;
(vii)� "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery;
(viii)� "Dispenser" means a practitioner who dispenses, or his authorized agent;
(ix)� "Distribute" means to deliver other than by administering or dispensing a controlled substance;
(x)� "Distributor" means a person who distributes;
(xi)� "Drug" means:
(A)� Substances recognized as drugs in official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(B)� Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(C)� Substances (other than food) intended to affect the structure or any function of the body of man or animals; and
(D)� Substances intended for use as a component of any article specified in subparagraph (A), (B), or (C) of this paragraph. It does not include devices or their components, parts or accessories.
(xii)� "Immediate precursor" means a substance which the commissioner has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;
(xiii)� "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extractions and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. The term does not include the preparation, compounding, packaging or labeling of a controlled substance:
(A)� By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or
(B)� By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale.
(xiv)� "Marihuana" means all parts of the plant of the genus Cannabis, whether growing or not; the seed thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;
(xv)� "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(A)� Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(B)� Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;
(C)� Opium poppy and poppy straw;
(D)� Coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(xvi)� "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under W.S. 35-7-1011, the dextrorotatory isomer of 3-methoxy-n-methylmorphinian and its salts (dextro-methorphan). It does include its racemic and levorotatory forms;
(xvii)� "Opium poppy" means the plant of the species Papaver somniferum L., except its seeds;
(xviii)� "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;
(xix)� "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;
(xx)� "Practitioner" means:
(A)� A physician, dentist, veterinarian, podiatrist, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state;
(B)� A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state.
(xxi)� "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance;
(xxii)� "State" means the state of Wyoming;
(xxiii)� "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an animal owned by him or by a member of his household;
(xxiv)� "Law enforcement officer" means any sheriff, undersheriff or sheriff's deputy of any county of this state, any duly authorized municipal policeman of any city or town of this state, any member of the Wyoming highway patrol, any police officer of the University of Wyoming or any Wyoming community college who is a peace officer, any superintendent, assistant superintendent or full-time park ranger of a state park, state recreation area, state archeological site or state historic site who has qualified pursuant to W.S. 9-1-701 through 9-1-707, when acting within the boundaries of the state park, state recreation area, state archeological site or state historic site or when responding to a request to assist other law enforcement officers acting within the scope of their official duties in their own jurisdiction, or any special agent employed by the commissioner under this act;
(xxv)� "Board" means the Wyoming state board of pharmacy;
(xxvi)� "Commissioner" means the commissioner of drugs and substances control;
(xxvii)� "Drug paraphernalia" means all equipment, products and materials of any kind when used, advertised for use, intended for use or designed for use for manufacturing, converting, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act and includes:
(A)� Isomerization devices when used, advertised for use, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(B)� Quinine hydrochloride, mannitol and mannite when used, advertised for use, intended for use or designed for use in diluting controlled substances;
(C)� Separation gins and sifters when used or advertised for use in removing twigs and seeds from or in otherwise cleaning or refining marihuana;
(D)� Objects when used, advertised for use, intended for use or designed for use in injecting controlled substances into the human body;
(E)� The following objects when used, advertised for use, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil or any other controlled substance into the human body:
(I)� Metal, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(II)� Carburetion tubes;
(III)� Carburetion masks;
(IV)� Chamber pipes;
(V)� Carburetor pipes;
(VI)� Electric pipes;
(VII)� Air-driven pipes;
(VIII)� Chillums;
(IX)� Bongs;
(X)� Ice pipes or chillers.
(xxviii)� "This act" means W.S. 35-7-1001 through 35-7-1060.
35-7-1003.� Attorney general designated commissioner of drugs and substances control.
The attorney general of the state of Wyoming is hereby designated commissioner of drugs and substances control.
35-7-1004.� Personnel to administer provisions.
The attorney general by and with the consent of the governor may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.
35-7-1005.� Advisory board on drugs and substances control.
There is hereby established an advisory board on drugs and substances control for the purpose of assisting and advising the commissioner of drugs and substances control in carrying out the functions of his office. The members of the advisory board shall receive no compensation for their services except travel expenses and per diem in the same manner and amount as employees of the state of Wyoming. The advisory board consists of the director of the department of health or his designee, and the executive director and senior inspector of the Wyoming state board of pharmacy. In addition to any other duties imposed upon the advisory board by this or any other act, it is the duty of the board to advise the commissioner of drugs and substances control as to which substances shall be declared controlled drugs and substances subjected to the controls provided by law.
35-7-1006.� Cooperation by state departments, officers, agencies and employees.
It shall be the duty of all departments, officers, agencies, and employees of the state of Wyoming to cooperate with the commissioner of drugs and substances control in carrying out his functions under this or any other act.
35-7-1007.� Cooperative arrangements; plant eradication programs; research.
(a)� The commissioner of drugs and substances control may, in addition to other powers and duties vested in him by this or any other act:
(i)� Cooperate with federal and other state agencies in discharging his responsibilities concerning traffic in drugs and substances;
(ii)� Arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances;
(iii)� Coordinate and cooperate in training programs on drugs and substances law-enforcement at the local and state level;
(iv)� Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled drugs and substances may be extracted;
(v)� Coordinate and regulate educational programs designed to prevent and deter misuse and abuse of controlled drugs and substances;
(vi)� Encourage research into the misuse and abuse of controlled drugs and substances; in connection therewith and in furtherance of his other duties he is authorized to:
(A)� Establish methods to assess accurately the effects of controlled drugs and substances and to identify and characterize controlled drugs and substances with potential for abuse;
(B)� Make studies and undertake programs of research to:
(I)� Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this act;
(II)� Determine patterns of misuse and abuse of controlled drugs and substances and the social effects thereof; and
(III)� Improve methods of preventing, predicting, understanding, and dealing with the misuse and abuse of controlled drugs and substances.
(C)� Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse of controlled drugs and substances.
(vii)� Enter into contracts for educational and research activities without performance bonds;
(viii)� Authorize persons engaged in research on the use and effects of drugs and substances to withhold names and other identifying characteristics of persons who are the subjects of such research, such persons who obtain this authorization may not be compelled in any state, civil, criminal, administrative, legislative or other proceeding to identify the subjects of research for which such authorization was obtained;
(ix)� Authorize the possession and distribution of controlled drugs and substances by persons engaged in research, persons who obtain such authorization shall be exempt from state prosecution for possession and distribution of drugs and substances to the extent authorized by the commissioner.
35-7-1008.� Federal funds and grants; authority of commissioner of drugs and substances control.
(a)� Except as otherwise provided by law, the commissioner of drugs and substances control is hereby designated as the agency of the state of Wyoming to accept the provisions of and funds and grants made by or under any act of the congress of the United States providing funds for programs relating to drugs and dangerous substances, and as the agency to administer or supervise the administration of any state plan established or funds received by the state by virtue of any federal statute relating to aid to the states for the purpose of drugs and dangerous substances control; provided, that each acceptance of such federal funds shall be restricted in its effect to the specific situation involved under such acceptance.
(b)� The commissioner of drugs and substances control may:
(i)� Enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statutes;
(ii)� Establish a state plan, if required by the federal statute, to qualify the state for the benefits of the federal statute;
(iii)� Provide for reports to be made to the federal agency as may be required;
(iv)� Provide for reports to be made to the commissioner of drugs and substances control from local agencies receiving federal funds;
(v)� Make surveys and studies in cooperation with other agencies to determine the needs of the state with respect to the application of federal funds;
(vi)� Establish standards to which agencies must conform in receiving federal funds;
(vii)� Take such other action as may be necessary to secure the benefits of the federal statutes to the state of Wyoming.
35-7-1009.� Federal funds and grants; authority of state treasurer.
Whenever the state of Wyoming shall be entitled to receive any moneys or funds from the United States of America, or from any other source or authority, to be expended for the purposes of this act, the state treasurer is hereby authorized to receive and receipt for such moneys or funds, and to make such application and use of the same as may be required by law.
35-7-1010.� Board of pharmacy designated agency to administer registration.
The Wyoming state board of pharmacy in addition to any other duties imposed upon it by law is hereby designated as the agency to administer the registration of the manufacture, distribution and dispensing of controlled substances as hereinafter provided in this act.� The board shall register certified animal euthanasia technicians as provided by W.S. 33-30-219, for the limited purposes of purchasing, possessing and administering euthanizing drugs as defined by W.S. 33-30-216(a)(v), and performing the duties and powers of a certified animal euthanasia technician.
35-7-1011.� Control of substances.
(a)� The commissioner shall administer this act and with the advice of the advisory board established in W.S. 35-7-1005 may add substances to or delete or reschedule all substances enumerated in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 pursuant to the procedures of the Wyoming Administrative Procedure Act. In making a determination regarding a substance, the commissioner shall consider the following:
(i)� The actual or relative potential for abuse;
(ii)� The scientific evidence of its pharmacological effect, if known;
(iii)� The state of current scientific knowledge regarding the substance;
(iv)� The history and current pattern of abuse;
(v)� The scope, duration, and significance of abuse;
(vi)� The risk to the public health;
(vii)� The potential of the substance to produce psychic or physiological dependence liability;
(viii)� Whether the substance is an immediate precursor of a substance already controlled under this article; and
(ix)� Its other uses, both medical and commercial.
(b)� After considering factors enumerated in subsection (a) of this section, the commissioner shall make findings with respect thereto and issue a rule controlling the substance if he finds the substance has a potential for abuse.
(c)� If the commissioner designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d)� If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner, the commissioner shall similarly control the substance under this act after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance, or rescheduling, or deleting a substance unless within that thirty (30) day period, the commissioner objects to inclusion, rescheduling or deletion. In that case the commissioner shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner shall publish his decision which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion under this act by the commissioner, control under this act is stayed until the commissioner publishes his final decision.
(e)� Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco.
(f)� The commissioner shall exclude any nonnarcotic substance from a schedule if such substance may under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. � 301 et seq., and W.S. 33-24-131 of the Wyoming Pharmacy Act, be lawfully sold over the counter without a prescription.
35-7-1012.� Name by which controlled substance listed in schedule.
The controlled substances listed or to be listed in the schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 are included by whatever official, common, usual, chemical, or trade name designated.
35-7-1013.� Findings requiring inclusion of substance in Schedule I.
(a)� The commissioner shall place a substance in Schedule I if he finds that the substance:
(i)� Has high potential for abuse; and
(ii)� Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
35-7-1014.� Substances included in Schedule I.
(a)� The controlled substances listed in this section are included in Schedule I. Schedule I shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
(b)� Opiates. - Unless specifically excepted or unless listed in another schedule, any of the following opiates, including the isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(i)� Acetylmethadol;
(ii)� Repealed By Laws 1997, ch. 151, � 2.
(iii)� Allylprodine;
(iv)� Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(v)� Alphameprodine;
(vi)� Alphamethadol;
(vii)� Alpha-methylfentanyl (N-[1-(alpha-methylbeta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)- 4-(N-propanilido) piperidine);
(viii)� Benzethidine;
(ix)� Betacetylmethadol;
(x)� Betameprodine;
(xi)� Betamethadol;
(xii)� Betaprodine;
(xiii)� Clonitazene;
(xiv)� Dextromoramide;
(xv)� Diampromide;
(xvi)� Diethylthiambutene;
(xvii)� Difenoxin;
(xviii)� Dimenoxadol;
(xix)� Dimepheptanol;
(xx)� Dimethylthiambutene;
(xxi)� Dioxaphetyl butyrate;
(xxii)� Dipipanone;
(xxiii)� Ethylmethylthiambutene;
(xxiv)� Etonitazene;
(xxv)� Etoxeridine;
(xxvi)� Furethidine;
(xxvii)� Hydroxypethidine;
(xxviii)� Ketobemidone;
(xxix)� Levomoramide;
(xxx)� Levophenacylmorphan;
(xxxi)� Morpheridine;
(xxxii)� Noracymethadol;
(xxxiii)� Norlevorphanol;
(xxxiv)� Normethadone;
(xxxv)� Norpipanone;
(xxxvi)� Phenadoxone;
(xxxvii)� Phenampromide;
(xxxviii)� Phenomorphan;
(xxxix)� Phenoperidine;
(xl)� Piritramide;
(xli)� Proheptazine;
(xlii)� Properidine;
(xliii)� Propiram;
(xliv)� Racemoramide;
(xlv)� Tilidine;
(xlvi)� Trimeperidine;
(xlvii)� Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(xlviii)� Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(xlix)� Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(l)� Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(li)� 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(lii)� 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(liii)� MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(liv)� Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(lv)� PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(lvi)� Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide).
(c)� Opium derivatives. - Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(i)� Acetorphine;
(ii)� Acetyldihydrocodeine;
(iii)� Benzylmorphine;
(iv)� Codeine methylbromide;
(v)� Codeine-N-Oxide;
(vi)� Cyprenorphine;
(vii)� Desomorphine;
(viii)� Dihydromorphine;
(ix)� Drotebanol;
(x)� Etorphine (except hydrochloride salt);
(xi)� Heroin;
(xii)� Hydromorphinol;
(xiii)� Methyldesorphine;
(xiv)� Methyldihydromorphine;
(xv)� Morphine methylbromide;
(xvi)� Morphine methylsulfonate;
(xvii)� Morphine-N-Oxide;
(xviii)� Myrophine;
(xix)� Nicocodeine;
(xx)� Nicomorphine;
(xxi)� Normorphine;
(xxii)� Pholcodine;
(xxiii)� Thebacon.
(d)� Hallucinogenic substances. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term "isomer" includes the optical, position and geometric isomers):
(i)� 4-bromo-2, 5-dimethoxyamphetamine; some trade or other names:� �4-bromo-2, 5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA;
(ii)� 2, 5-dimethoxyamphetamine; some trade or other names:� �2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA;
(iii)� 4-methoxyamphetamine; some trade or other names:� �4-methoxy-alpha-methylphenethylamine; paramethoxy-amphetamine; PMA;
(iv)� 5-methoxy-3,4-methylenedioxy amphetamine;
(v)� 4-methyl-2, 5-dimethoxyamphetamine; some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP";
(vi)� 3,4-methylenedioxy amphetamine;
(vii)� 3,4,5-trimethoxy amphetamine;
(viii)� Bufotenine; some trade and other names: 3-(beta-dimethy- laminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N, N-dimethyltryptamine; mappine;
(ix)� Diethyltryptamine; some trade and other names: N,N-diethyltryptamine; DET;
(x)� Dimethyltryptamine; some trade or other names: DMT;
(xi)� Ibogaine; some trade and other names: 7-ethyl-6,6 beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b] indole; tabernanthe iboga;
(xii)� Lysergic acid diethylamide;
(xiii) �Marihuana;
(xiv)� Mescaline;
(xv)� Parahexyl; some� trade or other names; 3-hexyl-1-hydroxy 7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b,d] pyran; synhexyl;
(xvi)� Peyote; meaning all parts of the plant presently classified botanically as Lophophora Williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant, its seeds or extracts;
(xvii)� N-ethyl-3-piperidyl benzilate;
(xviii)� N-methyl-3-piperidyl benzilate;
(xix)� Psilocybin;
(xx)� Psilocyn;
(xxi)� Tetrahydrocannabinols; synthetic equivalents of the substances contained in the plant or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives and their isomers with similar chemical structure and pharmacological activity such as the following: delta� 1 cis or trans tetrahydrocannabinol and their optical isomers; delta 6 cis or trans tetrahydrocannabinol and their optical isomers; delta to the 3, 4 cis or trans tetrahydrocannabinol and its optical isomers. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered;
(xxii)� Ethylamine analog of phencyclidine; some trade or other names:� �N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1 phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(xxiii)� Pyrrolidine analog of phencyclidine; some trade or other names: 1-(1-phenylcyclohexyl) -pyrrolidine, PCPy, PHP;
(xxiv)� Thiophene analog of phencyclidine; some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP;
(xxv)� Alpha-ethyltryptamine; some trade or other names: etryptamine; Monase; a-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; a-ET; and AET;
(xxvi)� 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, nexus;
(xxvii)� 2,5-Dimethoxy-4-ethylamphetamine; some trade or other names: DOET;
(xxviii)� 3,4-Methylenedioxymethamphetamine (MDMA);
(xxix)� 3,4-Methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
(xxx)� N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);
(xxxi)� 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; some other names: TCPy;
(xxxii)� 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:� 2C-T-7), its optical isomers, salts and salts of isomers;
(xxxiii)� Alpha-methyltryptamine; (other name: AMT);
(xxxiv)� 5-methoxy-N,N-diisopropyltryptamine; (other name: 5-MeO-DIPT), its isomers, salts and salts of isomers;
(xxxv)� Salvinorum A;
(xxxvi)� 3,4-Methylenedioxymethcathinone (other names: Methylone);
(xxxvii)� 3,4�Methylenedioxypyrovalerone (MDPV);
(xxxviii)� 4�Methylmethcathinone (other names Mephedrone);
(xxxix)� 3�Methoxymethcathinone;
(xl)� 3�Fluoromethcathinone;
(xli)� 4�Fluoromethcathinone;
(xlii)� Synthetic cannabinoids as follows:
(A)� (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-210;
(B)� Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-211;
(C)� Any compound structurally derived from 3-(1-napthoyl)indole, 1H-indol-3-yl-(1-naphthyl)methane, 3-(1-napthoyl)pyrrole or 3-(phenylacetyl)indole by substitution at the nitrogen atom of the indole or pyrrole ring by alkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, or 2-(4-morpholinyl)ethyl, whether or not further substituted in the indole ring to any extent, and whether or not substituted in the naphthyl or phenyl ring to any extent; some trade or other names: JWH class compounds;
(D)� 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol); some trade or other names: CP 47,497.
(e)� Depressants. - Unless specifically excepted or unless listed in another schedule, any material compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i)� Mecloqualone;
(ii)� Methaqualone;
(iii)� Gamma-hydroxybutyric (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate).
(f)� Stimulants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
(i)� Fenethylline;
(ii)� N-ethylamphetamine;
(iii)� Aminorex; some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
(iv)� Cathinone; some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(v)� Methcathinone; some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432), its salts, optical isomers and salts of optical isomers;
(vi)� (�)Cis-4-methylaminorex ((�)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(vii)� N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine);
(viii)� N-Benzylpiperazine; (some other names: BZP, 1-benzylpiperazine), its optical isomers, salts and salts of isomers.
(g)� Temporary listing of substances subject to emergency scheduling.� Any material, compound, mixture or preparation which contains any quantity of the following substances:
(i)� N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;
(ii)� N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers.
35-7-1015.� Findings requiring inclusion of substance in Schedule II.
(a)� The commissioner shall place a substance in Schedule II if he finds that:
(i)� The substance has high potential for abuse;
(ii)� The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(iii)� Abuse of the substance may lead to severe psychic or physical dependence.
35-7-1016.� Substances included in Schedule II.
(a)� The controlled substances listed in this section are included in Schedule II. Schedule II shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
(b)� Substances, vegetable origin or chemical synthesis. - Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis or by combination of extraction and chemical synthesis:
(i)� Opium and opiate and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone and their respective salts, but including the following:
(A)� Raw opium;
(B)� Opium extracts;
(C)� Opium fluid;
(D)� Powdered opium;
(E)� Granulated opium;
(F)� Tincture of opium;
(G)� Codeine;
(H)� Ethylmorphine;
(J)� Etorphine hydrochloride;
(K)� Hydrocodone;
(M)� Hydromorphone;
(N)� Metopon;
(O)� Morphine;
(P)� Oxycodone;
(Q)� Oxymorphone;
(R)� Thebaine;
(S)� Dihydroetorphine;
(T)� Oripavine.
(ii)� Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(i) of this section, but not including the isoquinoline alkaloids of opium;
(iii)� Opium poppy and poppy straw;
(iv)� Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;
(v)� Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrine alkaloids of the opium poppy).
(c)� Opiates. - Unless specifically excepted or unless in another schedule, any of the following opiates including their isomers, esters, ethers, salts and salts of isomers, esters and ethers whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(i)� Alphaprodine;
(ii)� Anileridine;
(iii)� Benzitramide;
(iv)� Bulk dextropropoxyphene (nondosage forms);
(v)� Dihydrocodeine;
(vi)� Diphenoxylate;
(vii)� Fentanyl;
(viii)� Isomethadone;
(ix)� Levomethorphan;
(x)� Levorphanol;
(xi)� Metazocine;
(xii)� Methadone;
(xiii)� Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(xiv)� Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl- propane carboxylic acid;
(xv)� Pethidine (meperidine);
(xvi)� Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(xvii)� Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(xviii)� Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(xix)� Phenazocine;
(xx)� Piminodine;
(xxi)� Racemethorphan;
(xxii)� Racemorphan;
(xxiii)� Sufentanil;
(xxiv)� Alfentanil;
(xxv)� Repealed By Laws 2011, Ch. 45, � 2.
(xxvi)� Carfentanil;
(xxvii)� Levo-alphacetylmethadol; some other names: levo-alpha-acetylmethadol, levomethadyl acetate, LAAM;
(xxviii)� Remifentanil;
(xxix)� Tapentadol.
(d)� Stimulants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(i)� Amphetamine, its salts, optical isomers and salts of its optical isomers;
(ii)� Methamphetamine, its salts, isomers and salts of its isomers;
(iii)� Phenmetrazine and its salts;
(iv)� Methylphenidate;
(v)� Lisdexamfetamine, its salts, isomers and salts of isomers.
(e)� Depressants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(i)� Amobarbital;
(ii)� Pentobarbital;
(iii)� Phencyclidine;
(iv)� Secobarbital;
(v)� Glutethimide.
(f)� Immediate precursors. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances:
(i)� Immediate precursor to amphetamine and methamphetamine:
(A)� Phenylacetone; some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
(ii)� Immediate precursors to phencyclidine (PCP):
(A)� 1-phenylcyclohexylamine;
(B)� 1-piperidinocyclohexanecarbonitrile (PCC).
(g)� Hallucinogenic substances:
(i)� Repealed By Laws 2001, Ch. 88, � 2.
(ii)� Nabilone; another name for nabilone: (�)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
35-7-1017.� Findings requiring inclusion of substance in Schedule III.
(a)� The commissioner shall place a substance in Schedule III if he finds that:
(i)� The substance has a potential for abuse less than the substances listed in Schedules I and II;
(ii)� The substance has currently accepted medical use in treatment in the United States; and
(iii)� Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(b)� The commissioner shall place a substance in Schedule III if he finds that the substance is an anabolic steroid used for the purpose of increasing weight, muscle mass, or improving performance in any form of exercise, sport or game, exclusive of veterinary pharmaceuticals.
35-7-1018.� Substances included in Schedule III.
(a)� The controlled substances listed in this section are included in Schedule III. Schedule III shall consist of the drugs and other substances by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
(b)� Stimulants. �- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i)� Those compounds, mixtures or preparations in dosage unit form containing any stimulant substances listed in Schedule II which compounds, mixtures or preparations were listed on August 25, 1971, as excepted in the Federal Register as excepted compounds under section 21 C.F.R. part 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or which is the same except that it contains a lesser quantity of controlled substances;
(ii)� Benzphetamine;
(iii)� Chlorphentermine;
(iv)� Clortermine;
(v)� Phendimetrazine.
(c)� Depressants. �- Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
(i)� Any compound, mixture or preparation containing any of the following or any salt thereof, and one (1) or more other active medicinal ingredient not listed in any schedule:
(A)� Amobarbital;
(B)� Secobarbital;
(C)� Pentobarbital.
(ii)� Any suppository dosage form containing any of the following or any salt thereof, and approved by the food and drug administration for marketing only as a suppository:
(A)� Amobarbital;
(B)� Secobarbital;
(C)� Pentobarbital.
(iii)� Any substance which contains any quantity of a derivative of barbituric acid or any salt thereof;
(iv)� Chorhexadol;
(v)� Repealed By Laws 1997, ch. 151, � 2.
(vi)� Lysergic acid;
(vii)� Lysergic acid amide;
(viii)� Methyprylon;
(ix)� Sulfondiethylmethane;
(x)� Sulfonethylmethane;
(xi)� Sulfonmethane;
(xii)� Tiletamine and zolazepam or any salt thereof; some trade or other names for a tiletamine-zolazepam combination product: telazol; some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon;
(xiii)� Ketamine, its salts, isomers and salts of isomers (some other names for ketamine include (�)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(xiv)� Any drug product containing gamma hydoxybutyric acid, its salts, isomers and salts of isomers, for which an application is approved under section 505 of the federal Food, Drug and Cosmetic Act.
(d)� Nalorphine.
(e)� Narcotic drugs. �- Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) through (viii) of this subsection:
(i)� Not more than one and eight-tenths (1.8) grams of codeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(ii)� Not more than one and eight-tenths (1.8) grams of codeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(iii)� Not more than three hundred (300) milligrams of dihydrocodeinone (hydrocodone) per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(iv)� Not more than three hundred (300) milligrams of dihydrocodeinone (hydrocodone) per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(v)� Not more than one and eight-tenths (1.8) grams of dihydrocodeine per one hundred (100) milliliters or not more than ninety (90) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(vi)� Not more than three hundred (300) milligrams of ethylmorphine, per one hundred (100) milliliters or not more than fifteen (15) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(vii)� Not more than five hundred (500) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams, or not more than twenty-five (25) milligrams per dosage unit, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(viii)� Not more than fifty (50) milligrams of morphine per one hundred (100) milliliters or per one hundred (100) grams, with one (1) or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f)� The commissioner may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) of this section from the application of all or any part of this act if the compound, mixture, or preparation contains one (1) or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
(g)� Anabolic steroids. � For purposes of this subsection, "anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids and dehydroepiandrosterone) and unless specifically excepted or unless listed in another schedule, includes any of the following or any ether, ester, salt or derivative of the following that acts in the same manner on the human body:
(i)� 3[beta],17-dihydro-5a-androstane;
(ii)� 3[alpha],17[beta]-dihydroxy-5a-androstane;
(iii)� 5[alpha]-androstan-3,17-dione;
(iv)� 1-androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(v)� 1-androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(vi)� 4-androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
(vii)� 5-androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
(viii)� 1-androstenedione ([5[alpha]]-androst-1-en-3,17-dione);
(ix)� 4-androstenedione (androst-4-en-3,17-dione);
(x)� 5-androstenedione (androst-5-en-3,17-dione);
(xi)� Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(xii)� Boldenone (17[beta]-hydroxyandrost-1,4,-diene-3-one);
(xiii)� Calusterone (7[beta],17[alpha]-dimethyl-17[beta],hydroxyandrost-4-en-3-one);
(xiv)� Clostebol (4chloro-17[beta]-hydroxyandrost-4-en-3-one);
(xv)� Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methyl-androst-1,4dien-3-one);
(xvi)� [Delta]1-dihydrotestosterone (also known as "1-testosterone") (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xvii)� 4-dihydrotestosterone (17[beta]-hydroxy-androstan-3-one);
(xviii)� Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
(xix)� Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
(xx)� Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
(xxi)� Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
(xxii)� Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
(xxiii)� 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one);
(xxiv)� 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one);
(xxv)� 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one);
(xxvi)� Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5-androstan-3-one);
(xxvii)� Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
(xxviii)� Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-dien-3-one);
(xxix)� Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
(xxx)� Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xxxi)� 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane);
(xxxii)� 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane);
(xxxiii)� 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene);
(xxxiv)� 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(xxxv)� Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
(xxxvi)� Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9-11-trien-3-one);
(xxxvii)� Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
(xxxviii)� Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
(xxxix)� 17[alpha]-methyl-[Delta]1-dihydrotestosterone (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one) (also known as "17-[alpha]-methyl-1-tesosterone");
(xl)� Nandrolone (17[beta]-hydroxyestr-4-en-3-one);
(xli)� 19-nor-4-androstenediol (3[beta], 17[beta]-dihydroxyestr-4-ene);
(xlii)� 19-nor-4-androstenediol (3[alpha], 17[beta]-dihydroxyestr-4-ene);
(xliii)� 19-nor-5-androstenediol (3[beta], 17[beta]-dihydroxyestr-5-ene);
(xliv)� 19-nor-5-androstenediol (3[alpha], 17[beta]-dihydroxyestr-5-ene);
(xlv)� 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(xlvi)� 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(xlvii)� Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
(xlviii)� Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
(xlix)� Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
(l)� Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
(li)� Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one);
(lii)� Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
(liii)� Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
(liv)� Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
(lv)� Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
(lvi)� Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(lvii)� Testosterone (17[beta]-hydroxyandrost-4-en-3-one);
(lviii)� Tetrahydrogestrinone (13[beta], 17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
(lix)� Trenbolone (17[beta]-hydroestr-4,9,11-trien-3-one);
(lx)� Boldione (androsta-1,4-diene-3,17-dione);
(lxi)� Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst- 2-en-17[beta]-ol)(also known as madol);
(lxii)� 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene- 3,17-dione);
(lxiii)� Any salt, ester or ether of a drug or substance described or listed in this subsection, except the term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the United States secretary of health and humans services for such administration. If any person prescribes, dispenses or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this subsection.
(h)� Hallucinogenic substances:
(i)� Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product; some other names for dronobinol include (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.
(j)� Narcotic drugs.� Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs and their salts, as set forth below:
(i)� Buprenorphine.
35-7-1019.� Findings requiring inclusion of substance in Schedule IV.
(a)� The commissioner shall place a substance in Schedule IV if he finds that:
(i)� The substance has a low potential for abuse relative to substances in Schedule III;
(ii)� The substance has currently accepted medical use in treatment in the United States; and
(iii)� Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
35-7-1020.� Substances included in Schedule IV.
(a)� The controlled substances listed in this section are included in Schedule IV. Schedule IV shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section.
(b)� Narcotic drugs. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) and (ii) of this subsection:
(i)� Not more than one (1) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
(ii)� Dextropropoxyphene (alpha -(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2- propionoxy-butane).
(c)� Depressants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i)� Alprazolam;
(ii)� Barbital;
(iii)� Bromazepam;
(iv)� Camazepam;
(v)� Chloral betaine;
(vi)� Chloral hydrate;
(vii)� Chlordiazepoxide;
(viii)� Clobazam;
(ix)� Clonazepam;
(x)� Clorazepate;
(xi)� Clotiazepam;
(xii)� Cloxazolam;
(xiii)� Delorazepam;
(xiv)� Diazepam;
(xv)� Estazolam;
(xvi)� Ethchlorvynol;
(xvii)� Ethinamate;
(xviii)� Ethyl Loflazepate;
(xix)� Fludiazepam;
(xx)� Flunitrazepam;
(xxi)� Flurazepam;
(xxii)� Halazepam;
(xxiii)� Haloxazolam;
(xxiv)� Ketazolam;
(xxv)� Loprazolam;
(xxvi)� Lorazepam;
(xxvii)� Lormetazepam;
(xxviii)� Mebutamate;
(xxix)� Medazepam;
(xxx)� Meprobamate;
(xxxi)� Methohexital;
(xxxii)� Methylphenobarbital (mephobarbital);
(xxxiii)� Nimetazepam;
(xxxiv)� Nitrazepam;
(xxxv)� Nordiazepam;
(xxxvi)� Oxazepam;
(xxxvii)� Oxazolam;
(xxxviii)� Paraldehyde;
(xxxix)� Petrichloral;
(xl)� Phenobarbital;
(xli)� Pinazepam;
(xlii)� Prazepam;
(xliii)� Temazepam;
(xliv)� Tetrazepam;
(xlv)� Triazolam;
(xlvi)� Midazolam;
(xlvii)� Quazepam;
(xlviii)� Zolpidem;
(xlix)� Zaleplon;
(l)� Dichloralphenazone;
(li)� Zopiclone;
(lii)� Fospropofol.
(d)� Fenfluramine. - Any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts, isomers whether optical, position or geometric, and salts of isomers when the existence of these salts, isomers and salts of isomers is possible:
(i)� Fenfluramine.
(e)� Stimulants. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
(i)� Diethylpropion;
(ii)� Mazindol;
(iii)� Pemoline (including organometallic complexes and chelates thereof);
(iv)� Phentermine;
(v)� Pipradrol;
(vi)� SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
(vii)� Cathine ((+)-norpseudoephedrine);
(viii)� Fencamfamin;
(ix)� Fenproporex;
(x)� Mefenorex;
(xi)� Sibutramine;
(xii)� Modafinil.
(f)� Other substances. - Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances, including its salts:
(i)� Pentazocine;
(ii)� Butorphanol (including its optical isomers);
(iii)� Carisoprodol;
(iv)� Tramadol.
(g)� The commissioner may except by rule any compound, mixture or preparation containing any depressant substance listed in subsection (c) of this section from the application of all or any part of this act if the compound, mixture or preparation contains one (1) or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substance which have a depressant effect on the central nervous system.
35-7-1021.� Findings requiring inclusion of substance in Schedule V.
(a)� The commissioner shall place a substance in Schedule V if he finds that:
(i)� The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(ii)� The substance has currently accepted medical use in treatment in the United States; and
(iii)� The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
35-7-1022.� Substances included in Schedule V.
(a)� The controlled substances listed in this section are included in Schedule V. Schedule V shall consist of the drugs and other substances, by whatever official name, common or usual name, chemical name or brand name designated in this section.
(b)� Narcotic drugs containing nonnarcotic active medicinal ingredients. - Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth in paragraphs (i) through (vi) of this subsection which also contains one (1) or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:
(i)� Not more than two hundred (200) milligrams of codeine per one hundred (100) milliliters or per one hundred (100) grams;
(ii)� Not more than one hundred (100) milligrams of dihydrocodeine per one hundred (100) milliliters or per one hundred (100) grams;
(iii)� Not more than one hundred (100) milligrams of ethylmorphine per one hundred (100) milliliters or per one hundred (100) grams;
(iv)� Not more than two and five-tenths (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
(v)� Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams;
(vi)� Not more than five-tenths (0.5) milligram of difenoxin and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit.
(c)� Narcotic drugs.� Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
(i)� Repealed by Laws 2007, Ch. 40, � 2.
(d)� Stimulants.� Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
(i)� Pyrovalerone.
(e)� Repealed By Laws 2011, Ch. 45, � 2.
(f)� Depressants. - Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(i)� Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide];
(ii)� Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
35-7-1023.� Board of pharmacy to administer registration requirements; rules; fees.
The Wyoming state board of pharmacy shall have the responsibility for administering the registration requirements of this article, and may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
35-7-1024.� Registration requirements.
(a)� Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state, must obtain every two (2) years, on or before July 1, a registration issued by the board in accordance with its rules. Any registrant who fails to renew his registration by July 1 of each renewal year shall be charged a late fee. If the failure to renew continues past September 30 of the renewal year, the registration shall be cancelled and the United States drug enforcement administration notified for cancellation of the registrant's federal registration.
(b)� Persons registered by the board under this act to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
(c)� The following persons need not register and may lawfully possess controlled substances under this act:
(i)� An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his legitimate business or employment;
(ii)� A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(iii)� An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d)� The board may waive by rule the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.
(e)� A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.
(f)� The board may inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by the board.
35-7-1025.� Registration of manufacturers and distributors.
(a)� The board shall register an applicant to manufacture or distribute controlled substances included in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(i)� Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(ii)� Compliance with applicable state and local law;
(iii)� Any convictions of the applicant under any federal and state laws relating to any controlled substance;
(iv)� Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
(v)� Furnishing by the applicant of false or fraudulent material in any application filed under this act;
(vi)� Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(vii)� Any other factors relevant to and consistent with the public health and safety.
(b)� Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
(c)� Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this article for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this article in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the board evidence of that federal registration.
(d)� Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.
35-7-1026. �Suspension or revocation of registration.
(a)� A registration under W.S. 35-7-1025 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant:
(i)� Has furnished false or fraudulent material information in any application filed under this act;
(ii)� Has been convicted of a felony or misdemeanor involving moral turpitude under any state or federal law relating to any controlled substance;
(iii)� Has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances;
(iv)� Has willfully violated any of the provisions of this act, or any rules and regulations relating to controlled substances;
(v)� Has failed to provide adequate security for the storage of controlled substances to the extent that repeated diversions have occurred; or
(vi)� Has voluntarily surrendered his license to practice, or has had his license revoked or suspended, or the renewal thereof has been denied or lapsed for cause by his professional licensing board.
(b)� The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c)� If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(d)� The board shall promptly notify the bureau of all orders suspending or revoking registration and all forfeitures of controlled substances.
(e)� In the case of a revocation or suspension sought by the board's staff under paragraph (a)(ii), (iii) or (vi) of this section, a copy of an order or other appropriate documents from a court or administrative agency, certified by the clerk, judge, secretary or executive director thereof, evidencing a revocation, suspension, voluntary suspension or conviction of a felony, shall be conclusive evidence of the conviction, revocation or suspension of the federal registration, or the loss of the license to practice.
(f)� The board, by regulation, may adopt procedures under which the denial, suspension, revocation or denial of renewal of a registration may be resolved by mutual agreement between the registrant or applicant and the board's staff, subject to prior approval by the board.
35-7-1027.� Order to show cause before denial, suspension, revocation or refusal to renew registration; emergency suspension.
(a)� Before denying, suspending, or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than thirty (30) days after the date of service of the order, but in the case of a denial or renewal of registration the show cause order shall be served not later than thirty (30) days before the expiration of the registration. These proceedings shall be conducted in accordance with the Wyoming Administrative Procedure Act without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
(b)� The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under W.S. 35-7-1026, or where renewal of registration is refused, if it finds there is imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
35-7-1028.� Records and inventories required of registrants.
Persons registered to manufacture, distribute, or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules the board issues.
35-7-1029.� Order forms required for distribution of substances in Schedules I and II.
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
35-7-1030.� Prescriptions required in certain instances.
(a)� Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written or electronic prescription of a practitioner.
(b)� In emergency situations, as defined by rule of the board, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of W.S. 35-7-1028. No prescription for a Schedule II substance may be refilled.
(c)� Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV, which is a prescription drug as determined under state or federal statute, shall not be dispensed without a written, oral or electronic prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.
(d)� No controlled substances included in any schedule may be distributed or dispensed for other than an acceptable medical indication.
35-7-1031.� Unlawful manufacture or delivery; counterfeit substance; unlawful possession.
(a)� Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. Any person who violates this subsection with respect to:
(i)� Methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, or fined not more than twenty-five thousand dollars ($25,000.00), or both;
(ii)� Any other controlled substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;
(iii)� A substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than two (2) years, fined not more than two thousand five hundred dollars ($2,500.00), or both;
(iv)� A substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000.00), or both.
(b)� Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance. Any person who violates this subsection with respect to:
(i)� A counterfeit substance classified in Schedule I or II which is a narcotic drug, is guilty of a crime and upon conviction may be imprisoned for not more than twenty (20) years, fined not more than twenty-five thousand dollars ($25,000.00), or both;
(ii)� Any other counterfeit substance classified in Schedule I, II or III, is guilty of a crime and upon conviction may be imprisoned for not more than ten (10) years, fined not more than ten thousand dollars ($10,000.00), or both;
(iii)� A counterfeit substance classified in Schedule IV, is guilty of a crime and upon conviction may be imprisoned for not more than two (2) years, fined not more than two thousand five hundred dollars ($2,500.00), or both;
(iv)� A counterfeit substance classified in Schedule V, is guilty of a crime and upon conviction may be imprisoned for not more than one (1) year, fined not more than one thousand dollars ($1,000.00), or both.
(c)� It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this act. With the exception of dronabinol as listed in W.S. 35-7-1018(h), and notwithstanding any other provision of this act, no practitioner shall dispense or prescribe marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol and no prescription or practitioner's order for marihuana, tetrahydrocannabinol, or synthetic equivalents of marihuana or tetrahydrocannabinol shall be valid. Any person who violates this subsection:
(i)� And has in his possession a controlled substance in the amount set forth in this paragraph is guilty of a misdemeanor punishable by imprisonment for not more than twelve (12) months, a fine of not more than one thousand dollars ($1,000.00), or both.� Any person convicted for a third or subsequent offense under this paragraph, including convictions for violations of similar laws in other jurisdictions, shall be imprisoned for a term not more than five (5) years, fined not more than five thousand dollars ($5,000.00), or both.� For purposes of this paragraph, the amounts of a controlled substance are as follows:
(A)� For a controlled substance in plant form, no more than three (3) ounces;
(B)� For a controlled substance in liquid form, no more than three-tenths (3/10) of a gram;
(C)� For a controlled substance in powder or crystalline form, no more than three (3) grams;
(D)� For a controlled substance in pill or capsule form, no more than three (3) grams;
(E)� For a controlled substance in the form of cocaine-based "crack" cocaine, no more than five-tenths (5/10) of a gram;
(F)� For a controlled substance known as LSD (Lysergic acid diethylamide), no more than three-tenths (3/10) of a gram.
(ii)� And has in his possession methamphetamine or a controlled substance classified in Schedule I or II which is a narcotic drug in an amount greater than those set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than seven (7) years, a fine of not more than fifteen thousand dollars ($15,000.00), or both;
(iii)� And has in his possession any other controlled substance classified in Schedule I, II or III in an amount greater than set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both;
(iv)� And has in his possession a controlled substance classified in Schedule IV in an amount greater than set forth in paragraph (c)(i) of this section, is guilty of a felony punishable by imprisonment for not more than two (2) years, a fine of not more than two thousand five hundred dollars ($2,500.00), or both;
(v)� And has in his possession a controlled substance classified in Schedule V, is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
(d)� For purposes of determining the weights to be given the controlled substances under this section, the weights designated in this section shall include the weight of the controlled substance and the weight of any carrier element, cutting agent, diluting agent or any other substance excluding packaging material.
35-7-1032.� Certain unlawful acts particularly applicable to registrants.
(a)� It is unlawful for any person:
(i)� Who is subject to Article IV to distribute or dispense a controlled substance in violation of W.S. 35-7-1030;
(ii)� Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;
(iii)� To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act;
(iv)� To refuse an entry into any premises for any inspection authorized by this act; or
(v)� Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of this act.
(b)� Any person who violates this section is punishable by a civil fine of not more than ten thousand dollars ($10,000.00); provided, that if the violation is prosecuted by a complaint, information or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally such person is punishable by imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000.00), or both such fine and imprisonment.
35-7-1033.� Unlawful acts; distribution; registration; possession; records; counterfeiting; punishment.
(a)� It is unlawful for any person knowingly or intentionally:
(i)� To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by W.S. 35-7-1029;
(ii)� To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(iii)� To acquire or obtain possession of, to procure or attempt to procure the administration of, or to obtain a prescription for, any controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.� The conduct prohibited by this paragraph includes but is not limited to:
(A)� Failing to disclose to a practitioner that the person has received the same or similar controlled substance or prescription for a controlled substance from another source within the prior thirty (30) days;
(B)� Alteration or forgery of a prescription or written order for a controlled substance; and
(C)� The use of a false name or address.
(iv)� To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or
(v)� To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b)� Except for a violation of subparagraph (a)(iii)(B) of this section and except as otherwise provided:
(i)� A person who is convicted upon a plea of guilty or no contest or found guilty of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, and the person may be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;
(ii)� A person convicted upon a plea of guilty or no contest or found guilty of a second offense of violating paragraph (a)(iii) of this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, and the person shall be ordered to receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) before sentencing;
(iii)� A person convicted upon a plea of guilty or no contest or found guilty of a third or subsequent offense of violating paragraph (a)(iii) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both;
(iv)� In the event a substance abuse assessment ordered pursuant to this section is provided by an entity with whom the department of health contracts for treatment services, the costs of the assessment shall be paid by the offender subject to the sliding fee scale adopted pursuant to W.S. 35-1-620 and 35-1-624; provided however, if the assessment is ordered as a result of a felony conviction under this section, the assessment shall be conducted and costs assessed pursuant to W.S. 7-13-1301, et seq.;
(v)� Notwithstanding any other provision of law, the term of probation imposed by a court for a violation of paragraph (a)(iii) of this section for a first or second conviction may exceed the maximum term of imprisonment established for the applicable offense under paragraph (i) or (ii) of this subsection provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years.
(c)� Except as otherwise provided, any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than five (5) years, or fined not more than ten thousand dollars ($10,000.00), or both.
(d)� A person convicted upon a plea of guilty or no contest or found guilty of violating subparagraph (a)(iii)(B) of this section is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
35-7-1034.� Penalties are additional.
Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil administrative penalty or sanction otherwise authorized by law.
35-7-1035.� Conviction or acquittal under federal law or law of another state.
If a violation of this act is a violation of a federal law or a law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
35-7-1036.� Distribution to person under 18; drug free school zones.
(a)� Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing methamphetamine or a controlled substance listed in Schedules I or II which is a narcotic drug to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(i), by a term of imprisonment of up to twice that authorized by W.S. 35-7-1031(a)(i), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any other controlled substance listed in Schedules I, II, III, to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(ii), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(ii), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any controlled substance listed in Schedule IV to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(iii), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(iii), or both. Any person eighteen (18) years of age or over who violates W.S. 35-7-1031(a) by distributing any controlled substance listed in Schedule V to a person under eighteen (18) years of age who is at least three (3) years his junior is punishable by the fine authorized by W.S. 35-7-1031(a)(iv), by a term of imprisonment up to twice that authorized by W.S. 35-7-1031(a)(iv), or both.
(b)� Any person who is convicted of any of the following listed offenses with regard to a controlled substance listed in Schedules I through IV shall have the penalties specified in this subsection imposed as part of the sentence and in addition to any other penalties authorized by law, if that offense was committed within any school bus as defined in W.S. 31-7-102(a)(xix) or within the boundaries of or within five hundred (500) feet of the boundaries of real property used by a school district primarily for the education of any student in any grade from kindergarten through twelfth grade:
(i)� If an adult:
(A)� For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 35-7-1031(a) or subsection (a) of this section:
(I)� Imprisonment for a minimum of two (2) years; and
(II)� An additional fine of one thousand dollars ($1,000.00).
(B)� For possession in violation of W.S. 35-7-1031(c) an additional fine of five hundred dollars ($500.00).
(ii)� If a minor and if not sentenced to a term of imprisonment which is unsuspended:
(A)� For manufacture, delivery or possession with intent to manufacture or deliver in violation of W.S. 35-7-1031(a):
(I)� Successful completion of a drug education or rehabilitation program specified by the court;
(II)� Not less than twenty-five (25) nor more than two hundred (200) hours of community service specified by the court; and
(III)� Submission to monthly drug testing for one (1) year.
(B)� For possession in violation of W.S. 35-7-1031(c):
(I)� Successful completion of a drug education or rehabilitation program specified by the court;
(II)� Not less than twenty-five (25) nor more than one hundred (100) hours of community service specified by the court; and
(III)� Submission to monthly drug testing for six (6) months.
35-7-1037.� Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any offense under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under W.S. 35-7-1031(c) or 35-7-1033(a)(iii)(B), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under W.S. 35-7-1038. There may be only one (1) discharge and dismissal under this section with respect to any person. This section shall not be construed to provide an exclusive procedure. Any other procedure provided by law relating to suspension of trial or probation, may be followed, in the discretion of the trial court.
35-7-1038.� Second or subsequent offenses; mandatory minimum penalty for certain subsequent offenses.
(a)� Unless otherwise provided under W.S. 35-7-1031(c), any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. The judge may suspend part or all of the discretionary portion of an imprisonment sentence or fine under this subsection and place the defendant on probation pending successful completion, at the defendant's own expense, of a chemical addiction evaluation or treatment program prescribed by the judge.
(b)� For purposes of subsection (a) of this section, an offense is a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.
(c)� This section shall not apply to offenses under W.S. 35-7-1031(c).
35-7-1039.� Person using or under influence of controlled substance.
Any person who knowingly or intentionally uses or is under the influence of a controlled substance listed in Schedules I, II or III except when administered or prescribed by or under the direction of a licensed practitioner, shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail not to exceed six (6) months or a fine not to exceed seven hundred fifty dollars ($750.00), or by both.
35-7-1040.� Planting, cultivating or processing marihuana, peyote or opium poppy.
Any person who knowingly or intentionally plants, cultivates, harvests, dries, or processes any marihuana, peyote, or opium poppy except as otherwise provided by law shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed six (6) months in the county jail or by a fine not to exceed one thousand dollars ($1,000.00), or both.
35-7-1041.� Distribution of liquid, substance or material in lieu of controlled substance.
Any person who in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance to any person, or offers, arranges, or negotiates to have any controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, arranges, or negotiates to have sold, delivered, transported, furnished, administered or given to any person any other liquid, substance, or material in lieu of any controlled substance shall be punished by imprisonment for not more than (1) year, or fined not more than one thousand dollars ($1,000.00) or by both such fine and imprisonment.
35-7-1042.� Attempts and conspiracies.
Any person who attempts or conspires to commit any offense under this article within the state of Wyoming or who conspires to commit an act beyond the state of Wyoming which if done in this state would be an offense punishable under this article, shall be punished by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy.
35-7-1043.� Immunity from prosecution.
All duly authorized peace officers including any special agents or other personnel appointed by the commissioner, and probation and parole agents as defined in W.S. 7-13-401, while investigating violations of this act in performance of their official duties, shall be immune from prosecution under this act. Any person working under the immediate direction, supervision or instruction of a duly authorized peace officer, special agent or other person appointed by the commissioner, may be granted immunity from prosecution under this act by the commissioner. In addition to the foregoing persons, such immunity may also be granted to any person whose testimony is necessary to secure a conviction under this act with the consent of district judge in the district wherein prosecution is to take place. Any person granted immunity under this section shall not be excused from testifying or producing evidence on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to penalty or forfeiture. Any person who except for the provisions of this act, would have been privileged to withhold the testimony given or the evidence produced by him shall not be prosecuted, subjected to any penalty, forfeiture, for or on account of any transaction, matter or thing concerning which, by reason of said immunity, he gave testimony and produced evidence; and no such testimony given or evidence produced shall be received against him in any criminal proceeding. Provided, no person given immunity under this section shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.
35-7-1044.� Peyote delivered, possessed or used for religious sacramental purposes.
Nothing in this act shall be construed to prohibit the delivery, possession or use of peyote in natural form, when delivered, possessed or used for bona fide religious sacramental purposes by members of the Native American Church of Wyoming.
35-7-1045.� Duties and powers of law enforcement officers; search warrants.
(a)� Notwithstanding the powers conferred upon the attorney general by this act all law enforcement officers within this state shall have the responsibility for the enforcement of this act.
(b)� Any special agent designated by the attorney general and any law enforcement officer engaged in the enforcement of this act may:
(i)� Carry firearms in the performance of his official duties;
(ii)� Serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;
(iii)� Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed, or is committing a violation of this act;
(iv)� Make seizures of property pursuant to this act; and
(v)� Perform such other law enforcement duties as the commissioner may designate.
(c)� All prosecutions originating under this act shall be the duty and obligation of the district attorney for the county in which the offense occurred.
(d)� A search warrant relating to offenses involving controlled substances may be served at any time of the day or night if the judge or district court commissioner issuing the warrant is satisfied that there is probable cause to believe that grounds exist for the warrant and for its service at such time.
(e)� Any officer authorized to execute a search warrant relating to offenses involving controlled substances the penalty for which is imprisonment for more than one (1) year may, without notice of his authority and purpose, break open an outer or inner door or window of a building, or any part of the building, or anything therein, only if a district judge or district court commissioner issuing the warrant: (i) is satisfied that there is probable cause to believe that (A) the property sought may and, if such notice is given, will be easily and quickly destroyed or disposed of, or (B) the giving of such notice will immediately endanger the life or safety of the executing officer or another person; and (ii) has included in the warrant a direction that the officer executing it shall not be required to give such notice. Any officer acting under such warrant, shall, as soon as practicable after entering the premises, identify himself and give the reason and authority for his entrance upon the premises.
35-7-1046.� Administrative inspection warrants.
(a)� Issuance and execution of administrative inspection warrants for controlled premises as defined in this section shall be as follows:
(i)� Any district court judge or district court commissioner upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this act or rules hereunder, and seizures of property appropriate to such inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this act, as it relates to the regulation of the legitimate traffic in controlled substances, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant;
(ii)� A warrant shall issue only upon an affidavit of a designated officer or employee of the board or of the commissioner having knowledge of the facts alleged, sworn to before the district judge or district court commissioner establishing the grounds for issuing the warrant. If the district judge or district court commissioner is satisfied that grounds for the application exist or that there is probable cause to believe they exist, he shall issue a warrant identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
(A)� State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
(B)� Be directed to a person authorized by W.S. 35-7-1045 to execute it;
(C)� Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
(D)� Identify the item or types of property to be seized, if any;
(E)� Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
(iii)� A warrant issued pursuant to this section must be executed and returned within ten (10) days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present or in the presence of at least one (1) credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant;
(iv)� The judge or district court commissioner who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court for the judicial district in which the inspection was made.
(b)� The board may make administrative inspections of controlled premises in accordance with the following provisions:
(i)� For purposes of this section only, "controlled premises" means:
(A)� Places where persons registered or exempted from registration requirements under this act are required to keep records; and
(B)� Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this act other than an ultimate user are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
(ii)� When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section an officer or employee designated by the board or commissioner, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection;
(iii)� When authorized by an administrative inspection warrant, an officer or employee designated by the board or commissioner may:
(A)� Inspect and copy records required by this act to be kept;
(B)� Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers, and labeling found therein, and except as provided in paragraph (b)(v) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this act; and
(C)� Inventory any stock of any controlled substance therein and obtain samples thereof.
(iv)� This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with the Wyoming Administrative Procedure Act and the rules promulgated thereunder, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(A)� If the owner, operator, or agent in charge of the controlled premises consents;
(B)� In situations presenting imminent danger to health or safety where a warrant is not constitutionally required;
(C)� In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(D)� In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking and a warrant is not constitutionally required; or
(E)� In all other situations in which a warrant is not constitutionally required.
(v)� An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data, unless the owner, operator, or agent in charge of the controlled premises consents in writing.
35-7-1047.� Injunctions against violations.
(a)� The district courts of this state have jurisdiction to restrain or enjoin violations of this act.
(b)� The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
35-7-1048.� Cooperation with federal and other state agencies.
(a)� The state board of pharmacy and the commissioner shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:
(i)� Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;
(ii)� Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;
(iii)� Cooperate with the bureau by establishing a centralized unit to accept, catalog, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes. Unless otherwise provided by law, they shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under privileged communication acts; and
(iv)� Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
(b)� Results, information, and evidence received from the bureau relating to the regulatory functions of this act, including results of inspections conducted by it may be relied and acted upon by the board or commissioner in the exercise of the regulatory functions under this act.
35-7-1049.� Forfeitures and seizures generally; property subject to forfeiture.
(a)� The following are subject to forfeiture:
(i)� All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this act;
(ii)� All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substances in violation of this act;
(iii)� All property which is used as a container for property described in paragraph (i) or (ii) of this subsection;
(iv)� All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of this act;
(v)� All conveyances including aircraft, vehicles or vessels, knowingly used or intended for use to transport or in any manner to knowingly facilitate the transportation for the sale or receipt of property described in paragraph (a)(i) or (ii) of this section may be seized by the commissioner and forfeited to the state pursuant to subsection (e) of this section:
(A)� No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or corporate officer is a consenting party or privy to a violation of this act;
(B)� No conveyance is subject to forfeiture under this section by reason of any act committed without the knowledge or consent of the owner;
(C)� A conveyance is not subject to forfeiture for a violation of W.S. 35-7-1031(c);
(D)� A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act.
(vi)� All "drug paraphernalia" as defined by W.S. 35-7-1002(a)(xxvii);
(vii)� All buildings knowingly used or intended for use to store, manufacture or distribute property described under paragraphs (a)(i) or (ii) of this section if the owner has knowledge of or gives consent to the act of violation. A forfeiture of property encumbered by a bona fide security interest is subject to the interest of the secured party if he did not have knowledge of or give consent to the act;
(viii)� Any property or other thing of pecuniary value furnished in exchange for a controlled substance in violation of this act including any proceeds, assets or other property of any kind traceable to the exchange and any money, securities or other negotiable instruments used to facilitate a violation of this act. Property used or furnished without the consent or knowledge of the owner is not forfeitable under this section to the extent of his interest.
(b)� Property subject to forfeiture under this act may be seized by any law enforcement officer of the state upon process issued by any district court or district court commissioner having jurisdiction over the property. Seizure without process may be made if:
(i)� The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(ii)� The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal, injunction or forfeiture proceeding based upon this act;
(iii)� The board or commissioner has probable cause to believe that the property was used or is intended to be used in violation of this act.
(c)� Prompt institution of proceedings. - In the event of seizure pursuant to subsection (b) of this section, proceedings under subsection (d) of this section shall be instituted promptly.
(d)� Seized property not repleviable; sealing or removal of seized property. - Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the commissioner subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this act, the commissioner may:
(i)� Place the property under seal;
(ii)� Remove the property to a place designated by him; or
(iii)� Require the board to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(e)� When property is forfeited under this act, the commissioner may:
(i)� Retain it for official use; in which case it shall become the property of the state of Wyoming;
(ii)� Sell any such property which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;
(iii)� Require the board to take custody of the property and remove it for disposition in accordance with law;
(iv)� Repealed by Laws 1983, ch. 160, � 2.
(v)� Transfer ownership and control of the property to any municipality or political subdivision of the state for its official use; or
(vi)� Authorize any law enforcement officer to apply to the district court with jurisdiction for an order providing for destruction of the contraband controlled substances or paraphernalia if no longer necessary for evidentiary purposes, provided, however, that a district court order shall not be necessary for the division of criminal investigation to destroy quantities of contraband controlled substances after the division has tested random samples.� The division of criminal investigation shall adopt rules necessary to operate a program to destroy bulk quantities of contraband controlled substances, which shall include:
(A)� The photographing and videotaping of the entire bulk amount of seized contraband controlled substances to maintain its evidentiary value and to create exhibits for use in legal proceedings;
(B)� The extraction of ten (10) random samples from the entire bulk amount of seized contraband controlled substances for laboratory analysis;
(C)� A weighing on properly calibrated scales of both the bulk amount of seized contraband controlled substances and the representative samples;
(D)� The additional retention of:
(I)� Five (5) ounces of organic material if the controlled substance is marihuana or a substance of similar organic composition;
(II)� Five (5) grams of a controlled substance in powdered or crystalline form;
(III)� Five-tenths (0.5) of a gram of a controlled substance in liquid form;
(IV)� An amount sufficient for testing by experts shall be made available from the additionally retained sample for the purpose of defending criminal charges arising from the possession, use or sale of the controlled substance.
(E)� After the testing and retention of samples specified in this paragraph, the commissioner or his designee may order the destruction of the bulk amount of the seized contraband controlled substance in excess of the representative sample and the additional retained samples of the seized contraband controlled substance;
(F)� Once the representative samples and the additional retained samples of the contraband controlled substance are no longer necessary for evidentiary purposes, any law enforcement officer, upon authorization from the commissioner, may apply to the district court with jurisdiction for an order providing for the destruction of the remaining contraband controlled substance.
(f)� Any controlled substance listed in Schedules I through V that is possessed, transferred, sold or offered for sale in violation of this act is contraband and shall be seized and summarily forfeited to the state. Any controlled substance listed in Schedules I through V which is seized or comes into possession of the state and the owner is unknown, is contraband and shall be summarily forfeited to the state.
(g)� Seizures and summary forfeiture of certain plants generally. - Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this act, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state.
(h)� Authority for seizure and forfeiture of plants. - The failure, upon demand by the commissioner, or his authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(j)� Any law enforcement agency of this state may accept, receive, dispose of and expend the property or proceeds from any property forfeited to the federal government or any state and allocated to the agency by the United States attorney general pursuant to 21 U.S.C. 881(e) or any law of another state. The property or proceeds shall be in addition to funds appropriated to the law enforcement agency by the state legislature or any unit of local government.� The property or proceeds may be credited to any lawfully created fund or account designated to receive proceeds of forfeitures. For the period beginning July 1, 1996, and ending June 30, 1998, the division shall provide to the joint appropriations interim committee of the legislature a quarterly audit of the assets forfeiture account detailing the collection and distribution of all seized assets.
(k)� Any law enforcement agency of this state which receives property or proceeds pursuant to subsection (j) of this section shall report to the attorney general on forms to be prescribed by the attorney general:
(i)� The receipt of property or proceeds within thirty (30) days from the receipt; and
(ii)� The disposition or expenditure of any property or proceeds within ninety (90) days from the disposition or expenditure.
(m)� The attorney general shall submit a biennial report to the joint appropriations interim committee concerning recipients and the amount of property and proceeds received, disposed of or expended under subsection (j) of this section.
(n)� No law enforcement agency of this state shall accept property or proceeds pursuant to subsection (j) of this section if the tender of the property or proceeds is conditioned upon the state law enforcement agency's adoption of federal law enforcement practices and procedure.
35-7-1050.� Burden of proof; liability of officers.
(a)� It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this act. The burden of proof of any exemption or exception is upon the person claiming it.
(b)� In the absence of proof that a person is the authorized holder of an appropriate registration or order form issued under this act, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
(c)� No liability is imposed by this act upon any authorized state, county, or municipal officer engaged in the lawful performance of his duties.
35-7-1051.� Review of decisions of board or commissioner.
All final administrative determinations, findings and conclusions of the board or commissioner under this act are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of such decision in accordance with the Administrative Procedure Act. Findings of fact by the board or commissioner, if supported by substantial evidence, are conclusive.
35-7-1052.� Educational programs; research.
(a)� The commissioner may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs he may:
(i)� Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
(ii)� Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(iii)� Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(iv)� Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
(v)� Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and,
(vi)� Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
(b)� The commissioner may encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of this act, he may:
(i)� Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;
(ii)� Make studies and undertake programs of research to:
(A)� Develop new or improved approaches, techniques, systems, equipment, and devices to strengthen the enforcement of this act;
(B)� Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and,
(C)� Improve methods for preventing, predicting, understanding, and dealing with the misuse and abuse of controlled substances.
(iii)� Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse of controlled substances.
(c)� The commissioner may enter into contracts for educational and research activities without performance bonds.
(d)� The commissioner shall authorize persons engaged in research on the use and effects of controlled substances to