Case summaries for Jan. 22 – 28, 2021
Zip Code Does Not Determine Supplier
For compressed ethanol-gas mixtures in calibrating alcohol testing devices, Department of Health’s regulation identified approved suppliers by location, including zip code. Zip code is not part of the supplier’s identity so, when supplier moves, Department of Health need not amend its regulation. Circuit court erred in excluding evidence from a testing device solely because the supplier listed in the regulation had a zip code differing from the zip code listed for it in the regulation.
Megan Lizabeth Schwandner, Respondent, vs. Director of Revenue, Appellant.
Missouri Court of Appeals, Eastern District – ED108288