§ 5-103. Scope of title


Latest version.



  •    (a) Sales of prescription drug. --

       (1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

          (i) made to an authorized provider; or

          (ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:

             1. another manufacturer, wholesale distributor, or pharmacist licensed by the State; or

             2. a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.

       (2) A sale is exempt from this title only if a record of the sale:

          (i) is maintained and available for inspection; and

          (ii) shows the date of sale, the name and address of the purchaser, and the quantity purchased.

    (b) Drug for farm use; certain drugs previously available without prescription. -- This title does not apply to:

       (1) the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;

       (2) the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or

       (3) a drug that on June 1, 1961, could be sold without a prescription.


HISTORY: An. Code 1957, art. 27, § 300(d), (f); 2002, ch. 26, § 2.