An Act to amend section 503 (b) of the Federal Food, Drug, and Cosmetic Act
PL 82-215 (H.R.3298), enacted 10/26/1951

648 
PUBLIC LAW 216—OCT. 26, 1951 
[65 STAT. 
1947, (ii) on or after April 6, 1917, and prior to November 11, 
1918, or (iii) on or after June 27, 1950, and prior to such date 
thereafter as shall be determined by the President, and who shall 
have been discharged or released therefrom under conditions other 
"Serviceman." 
than dishonorable. The term 'serviceman' shall mean a pei-son in 
the active military or naval service of the United States who has 
served therein at any time (i) on or after September 16, 1940, 
and prior to July 26,1947, (ii) on or after April 6,1917, and prior 
to November 11,1918, or (iii) on or after June 27,1950, and prior 
to such date thereafter as shall be determined by the President." 
SEC. 2. The Act of October 14,1940, as amended (54 Stat. 1125, as 
amended; 42 U. S. C. 1521), is hereby amended (i) by striking out in 
Stat el!**' ^°^^' ^ paragraph (c) of section 505 and in paragraph (c) of section 602 the 
42U.S. c. §
§
1
5
7
5
, phrase "of World War I I " wherever such phrase occurs; and (ii) by 
^^2U. s. c. § 1
5
8
1
. striking out in paragraph (b) of section 601 the phrase "during World 
War II", and substituting therefor the words "at any time on or after 
September 16,1940, and prior to July 26,1947, or on or after June 27, 
1950, and prior to such date thereafter as shall be determined by the 
President". 
SEC. 3. Public Law 65, Eighty-first Congress (63 Stat. 68), is hereby 
amended by adding, after the phrase "July 26, 1947,", in section 2 
thereof, the phrase "or on or after June 27, 1950, and prior to such 
date thereafter as shall be determined by the President,". 
SEC. 4. The National Housing Act, as amended, is amended by strik-
ing out the phrase "of World War I I " wherever it occurs in paragraph 
^ u^^s^c. § i7i6e (^) of section 213, and by adding the following proviso before the 
(b). ' 
period at the end of said paragraph: ": Provided^ That for purposes 
of this section the word 'veteran' shall mean a person who has served 
in the active military or naval service of the United States at any time 
on or after September 16, 1940, and prior to July 26, 1947, or on or 
after June 27, 1950, and prior to such date thereafter as shall be 
determined by the President". 
Approved October 26, 1951. 
Public Law 215 
CHAPTER 578 
AN ACT 
October 26,1951 
[H. R. 3
2
9
8
] 
To amend sections 303 (c) and 503 (b) of the Federal Food, Drug, and Ck»smetic 
Act, as amended. 
Be it enacted hy the Senate and House of Representatives 
of the 
an^^^cosmetfc^Act' United States of America 
in Congress assembled^ That subsection 
amendments. 
' (b) of scction 503 of the Federal Food, Drug, and Cosmetic Act, 
2
1 U.V c^ § 353. 
as amended, is amended to read as follows: 
peSorof Srtafn 
"(b) (1) A drug intended for use by man w h i c h -
drugs. 
"(A) is a habit-formmg drug to which section 502 (d) applies; 
^^ 
• 
• 
• 
• 
o r 
"(B) because of its toxicity or other potentiality for harmful 
effect, or the method of its use, or the collateral measures neces-
sary to its use, is not safe for use except under the supervision 
of a practitioner licensed by law to administer such drug; or 
2
1 u. s. c. § 365. 
"(C) is limited by an effective application under section 505 to 
use under the professional supervision of a practitioner licensed 
by law to administer such drug, 
65 STAT.] 
PUBLIC LAW 215—OCT. 26, 1961 
649 
shall be dispensed only (i) upon a written prescription of a prac-
titioner licensed by law to administer such drug, or (ii) upon an oral 
prescription of such practitioner which is reduced promptly to writing 
and filed b^ the pharmacist, or (iii) by refilling any such written or 
oral prescription if such refilling is authorized by the prescriber either 
in the original prescription or by oral order which is reduced promptly 
to writing and filed by the pharmacist. 
The act of dispensing a drug 
contrary to the provisions of this paragraph shall be deemed to be an 
act which results in the drug being misbranded while held for sale. 
"(2) Any drug dispensed by filling or refilling a written or oral 
prescription of a practitioner licensed by law to administer such drug 
shall be exempt from the requirements of section 502, except para-
graphs (a), (i) (2) and (3), (k),and (1), and the packaging require-
ments of paragraphs (g) and (h), if the drug bears a label containing 
the name and address of the dispenser, the serial number and date of 
the prescription or of its filling, the name of the prescriber, and, if 
stated in the prescription, the name of the patient, and the directions 
for use and cautionary statements, if any, contained in such prescrip-
tion. 
This exemption shall not apply to any drug dispensed in the 
course of the conduct of a business of dispensing drugs pursuant to 
diagnosis by mail, or to a drug dispensed in violation of paragraph 
(1) of this subsection. 
" (3) The Administrator may by regulation remove drugs subject to 
section 502 (d) and section 505 from the requirements of paragraph 
(1) of this subsection when such requirements are not necessary for 
the protection of the public health. 
"(4) A drug which is subject to paragraph (1) of this subsection 
shall be deemed to be misbranded if at any time prior to dispensing 
its label fails to bear the statement 'Caution: Federal law prohibits 
dispensing without prescription'. A drug to which paragraph (1) of 
this subsection does not apply shall be deemed to be misbranded if 
at any time prior to dispensing its label bears the caution statement 
quoted in the preceding sentence. 
"(5) Nothing in this subsection shall be construed to relieve any 
person from any requirement prescribed by or under authority of 
law with respect to drugs now included or which may hereafter be 
included within the classifications stated in section 3220 of the Internal 
Revenue Code (26 U. S. C. 3220), or to marihuana as defined in section 
3238 (b) of the Internal Revenue Code (26 U. S. C. 3238 (b))." 
SEC. 2. Subsection (c) of section 303 of the Federal Food, Drug, and 
Cosmetic Act, as amended, is amended by striking out the period at 
the end of clause (3) and inserting in lieu thereof a semicolon and the 
folio 
wing: "or (4) for having violated section 301 (b), (c) or (k) by 
failure to comply with section 502 (f) in respect to an article received 
in interstate commerce to which neither section 503 (a) nor section 503 
(b) (1) is applicable, if the delivery or proffered delivery was made 
in good faith and the labeling at the time thereof contained the same 
directions for use and warning statements as were contained in the 
labeling at the time of such receipt of such article." 
SEC. 3. The provisions of this Act shall take effect six months after 
the date of its enactment. 
Approved October 26, 1951. 
Exemption from cer-
tain labeling reqoire-
ments. 
21U.8. C. j362. 
Exemption from 
prescription require-
ments. 
21 U. S. C. }} 352,, 
355. 
Drugs deemed to be 
misbranded. 
Compliance with, 
narcotics or mari-
huana laws. 
53 Stat. 382. 
53 Stat. 387. 
21 U. 8. C. { 333. 
Effective date.