499.87 – Returned, damaged, and outdated medical gas.
499.87 Returned, damaged, and outdated medical gas.— (1) A medical gas that has left the control of the wholesale distributor may be returned to the wholesale distributor or manufacturer from which it was acquired, but may not be resold as a medical gas unless it is reprocessed by a manufacturer using proper and adequate controls to ensure […]
499.75 – Penalties.
499.75 Penalties.— (1) Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who knowingly purchases 2.5 gallons, or equivalent by weight, or more […]
499.88 – Due diligence.
499.88 Due diligence.— (1) A wholesale distributor shall obtain, before the initial acquisition of medical gas, the following information from the supplying wholesale distributor or manufacturer: (a) If a manufacturer is distributing to a wholesale distributor, evidence that the manufacturer is registered and the medical gas is listed with the United States Food and Drug Administration; (b) If a […]
499.76 – Injunctive relief.
499.76 Injunctive relief.—In addition to the penalties and other enforcement provisions of this part, in the event any person engaged in any of the activities covered by this part violates any provision of this part, any rule adopted pursuant thereto, or any cease and desist order as provided by this part, the department is authorized to […]
499.77 – Exceptions.
499.77 Exceptions.—Nothing contained in this part shall apply to the regular military and naval forces of the United States, or to the duly organized military forces of any state or territory thereof, provided that they are acting within their respective official capacities and in the performance of their duties. History.—ss. 10, 11, ch. 86-133; s. 4, […]
499.78 – County and municipal ordinances.
499.78 County and municipal ordinances.—Nothing contained in this part shall affect any existing ordinance, rule, or regulation pertaining to ether in any county or municipality in this state, which ordinance, rule, or regulation is more restrictive than the provisions of this part and the rules adopted pursuant thereto; nor shall the provisions of this part limit […]
499.79 – Deposit of fees.
499.79 Deposit of fees.—All fees collected for licenses and permits required by this part shall be deposited in the Professional Regulation Trust Fund, and all moneys collected under this part and deposited in the trust fund shall be used by the department in the administration of this part. The Department of Business and Professional Regulation shall […]
499.81 – Administration and enforcement.
499.81 Administration and enforcement.— (1) This part is cumulative and shall be construed and applied as being in addition to and not in substitution for or limiting any powers, duties, or authority of the department under any other law of this state; except that, with respect to the regulation of medical gas, this part controls over any […]
499.82 – Definitions.
499.82 Definitions.—As used in this part, the term: (1) “Adulterated” means a medical gas that: (a) Consists, in whole or in part, of impurities or deleterious substances exceeding normal specifications; (b) Is produced, prepared, packed, or held under conditions whereby the medical gas may have been contaminated causing it to be rendered injurious to health; or if the methods […]
499.83 – Permits.
499.83 Permits.— (1) A person or entity that intends to distribute medical gas within or into this state, unless exempted under this part, must obtain the applicable permit before operating as: (a) A medical gas wholesale distributor; (b) A medical gas manufacturer; or (c) A medical oxygen retail establishment. (2) The following permits are established: (a) Medical gas wholesale distributor permit.—A medical […]