reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-23 - Authentication of distribution of prescription drug.

24:6B-23 Authentication of distribution of prescription drug.
14. a. (1) A wholesale distributor shall authenticate every distribution of a prescription drug back to the manufacturer if the wholesale distributor has reason to believe that a prescription drug purchased from another wholesale distributor is adulterated, misbranded or counterfeit.
(2) A wholesale distributor who distributed a prescription drug that is the subject of an authentication pursuant to this section shall provide, upon request, information regarding the distribution of the prescription drug, including: date of purchase; sales invoice number; and contact information for the wholesale distributor who sold the prescription drug, including the name, address, telephone number and e-mail address, if available.
(3) If a wholesale distributor is unable to authenticate each transfer, the wholesale distributor shall quarantine the prescription drug and report this to the department within 14 days after completing the attempted authentication.
(4) If the wholesale distributor satisfactorily completes the authentication, the wholesale distributor shall maintain records of the authentication for two years, and produce them to the department and the Department of Law and Public Safety, upon request.
b. (1) A wholesale distributor shall conduct annual random authentications on at least 10% of pedigrees as required by this act.
(2) A wholesale distributor shall conduct annual random authentications on at least 90% of the pedigrees of prescription drugs designated on the specified list of susceptible products for which a pedigree is required.
(3) A wholesale distributor and a manufacturer from whom other wholesale distributors have purchased prescription drugs shall cooperate with random authentications of pedigrees and provide requested information in a timely manner.
L.2005,c.206,s.14.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-24 - Examination of shipping container.

24:6B-24 Examination of shipping container.
15. a. A wholesale distributor shall visually examine each shipping container upon receipt to ensure its identity and to determine if it contains prescription drugs that are adulterated, contraband, counterfeit, suspected of being contraband or counterfeit, or otherwise unfit.
b. Containers found to be unacceptable under subsection a. of this section shall be quarantined from the rest of stock until an examination and determination are made that the contents are not adulterated, contraband, counterfeit, or otherwise unfit.
c. Upon receipt of a shipping container, a wholesale distributor shall review its records for the acquisition of prescription drugs for accuracy and completeness.
d. Each outgoing shipment shall be carefully inspected for identity and to ensure that it has been stored under proper conditions.
e. Disposal and destruction of containers, labels and packing shall be conducted in a manner to ensure that they cannot be used in counterfeiting activities. Appropriate witnessing of the destruction and disposal shall be in accordance with federal and State requirements.
L.2005,c.206,s.15.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-26 - Requirements for wholesale distributor.

24:6B-26 Requirements for wholesale distributor.
17. A wholesale distributor shall exercise due diligence in accordance with the following requirements, unless the commissioner waives any requirement. Prior to the first purchase of prescription drugs for distribution in this State from another wholesale distributor that is not licensed in this State pursuant to this act, the purchasing wholesale distributor shall obtain the following information from the selling wholesale distributor:
a. verification of the wholesale distributor's status as an authorized distributor of record, if applicable, for which purpose inclusion of the wholesale distributor's business name on the manufacturer's list of authorized distributors of record, as required in section 8 of this act, shall be deemed acceptable for verification purposes;
b. a list of the state in which the wholesale distributor is domiciled and the states into which it ships prescription drugs;
c. the wholesale distributor's most recent facility inspection reports;
d. copies of relevant general and product liability insurance coverage;
e. a list of any other names under which the wholesale distributor does business or was formerly known;
f. names of corporate officers and managerial employees;
g. a list of all disciplinary actions by state and federal agencies involving wholesale distribution of drugs for the last four years, if the selling wholesale distributor supplies it upon request by the purchasing wholesale distributor; and
h. a description, including the address, dimensions and other relevant information, of each facility used for prescription drug storage and distribution.
L.2005,c.206,s.17.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-27 - Maintenance of document, record relative to pedigree, certification.

24:6B-27 Maintenance of document, record relative to pedigree, certification.
18. a. A person who receives or passes a pedigree or certification pursuant to this act shall maintain the document or record for three years from receipt or passing of the document or record.
b. A wholesale distributor shall:
(1) establish and maintain records of all transactions regarding the receipt, distribution or other disposition of all prescription drugs, including the dates of receipt and distribution or other disposition of the prescription drugs; and
(2) make its inventories and other records available for inspection and copying by an authorized official of any local, State or federal governmental agency for a period of three years following the creation of those records.
c. A wholesale distributor shall ensure that its records as described in this section:
(1) if kept at the inspection site or immediately retrievable by computer or other electronic means, are readily available for authorized inspection during the retention period; and
(2) if kept at a central location apart from the inspection site and not electronically retrievable, are made available for inspection within two business days of a request by an authorized official of any State or federal governmental agency charged with enforcement of the provisions of this act.
d. A wholesale distributor shall maintain an ongoing list of persons with whom it does business related to prescription drugs.
e. A wholesale distributor shall establish and maintain procedures for reporting counterfeit or suspected counterfeit prescription drugs, or counterfeiting or suspected counterfeiting activities to the department.
f. A wholesale distributor shall maintain a system for mandatory reporting to the department of significant shortages or losses of prescription drugs when diversion of prescription drugs is known or suspected.
L.2005,c.206,s.18.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-28 - Adherence to written policies, procedures by wholesale distributors.

24:6B-28 Adherence to written policies, procedures by wholesale distributors.
19. a. A wholesale distributor shall establish, maintain and adhere to written policies and procedures for the receipt, security, storage, inventory, transport, shipping and distribution of prescription drugs, including policies and procedures for: identifying, recording and reporting losses or thefts; correcting all errors and inaccuracies in inventories; and implementing and maintaining a continuous quality improvement system.
b. Pursuant to subsection a. of this section, a wholesale distributor shall establish procedures:
(1) for handling recalls and withdrawals of prescription drugs;
(2) to prepare for and protect against any crisis that affects the security or operation of any facility;
(3) for segregating, returning and destroying prescription drugs, and providing all necessary documentation;
(4) for disposal and destruction of containers, labels and packaging to ensure that they cannot be used in counterfeiting activities, which procedures shall require retention of all necessary documentation for at least three years, and appropriate witnessing of the destruction of any labels, packaging, immediate containers or containers in accordance with federal and State requirements;
(5) for investigating and reporting significant inventory discrepancies to the department;
(6) for reporting criminal or suspected criminal activities involving the inventory of prescription drugs to the department within five business days of discovery and for reporting suspected criminal activities involving prescription drugs that are also controlled substances to the department; and
(7) for satisfying authentication requirements required by section 14 of this act.
L.2005,c.206,s.19.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-30 - Noncompliance with orders, penalties.

24:6B-30 Noncompliance with orders, penalties.
21. a. Any person who does not comply with an order of the commissioner within the time specified shall be liable to a penalty, to be established by the commissioner as follows: for the first offense, not less than $200 nor more than $5,000; and, for the second and each succeeding offense, not less than $1,000 nor more than $20,000. The penalties shall be enforced by the department as plaintiff in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. Nothing in this act shall be construed to prevent or limit the commissioner, the Division of Consumer Affairs in the Department of Law and Public Safety or any appropriate board under the purview of the Division of Consumer Affairs, or the Attorney General from taking any other action permitted by law against a person who violates the provisions of this act.
L.2005,c.206,s.21.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-31 - Real, personal property, certain, subject to forfeiture.

24:6B-31 Real, personal property, certain, subject to forfeiture.
22. Any real or personal property which was used or intended to be used to commit, facilitate or promote the commission of the crime, or which constitutes, is derived from, or is traceable to the gross proceeds that the defendant obtained directly or indirectly as a result of the crime, shall be subject to forfeiture in accordance with the provisions of N.J.S. 2C:64-1 et seq.
L.2005,c.206,s.22.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-32 - Wholesale Drug Distribution Advisory Council.

24:6B-32 Wholesale Drug Distribution Advisory Council.
23. a. There is created a Wholesale Drug Distribution Advisory Council within the department to advise the department regarding proposed rules on the distribution of prescription drugs and to recommend any practical measures that may improve the integrity of the prescription drug distribution system.
b. The council shall be comprised of eight members as follows:
(1) the commissioner and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or their designees, who shall serve ex officio;
(2) three persons employed by different wholesale distributors licensed in this State, one of whom shall be appointed by the Governor, one by the President of the Senate and one by the Speaker of the General Assembly;
(3) one person employed by a prescription drug manufacturer, appointed by the Governor;
(4) one pharmacist, appointed by the Speaker of the General Assembly; and
(5) one representative of a chain pharmacy distribution center, appointed by the President of the Senate.
c. The public members shall serve for a term of three years; but, of the members first appointed, two shall serve for a term of one year, two for a term of two years, and two for a term of three years. Members are eligible for reappointment upon the expiration of their terms. Vacancies in the membership of the council shall be filled in the same manner provided for the original appointments.
d. The public members shall be appointed, and the council shall organize as soon as practicable following their appointment, but no later than 60 days after the date of enactment of this act. The members shall select a chairperson and vice-chairperson from among the membership of the council. The chairperson shall appoint a secretary, who need not be a member of the council.
e. The members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in performing their duties and within the limits of available funds.
L.2005,c.206,s.23.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6B-33 - Rules, regulations.

24:6B-33 Rules, regulations.
24. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations to ensure the safety and sanitary conduct of pharmaceutical distribution and to carry out the provisions of this act.
L.2005,c.206,s.24.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6D-1 - Definitions

24:6D-1. Definitions
For the purpose of this act:
A. A "trademark" shall be deemed to mean a mark used to indicate the maker, owner or seller of a drug, cosmetic or device and includes, among other things, any name of a person, or corporation, or any letter, word, device, emblem, figure, seal, stamp, diagram, brand, wrapper, ticket, stopper, label or other mark, lawfully adopted by him, and usually affixed to a drug, cosmetic or device to denote that the same was imported, manufactured, produced, sold, compounded, bottled, packed, or otherwise prepared by him.
B. A trademark shall be "affixed" to a drug, cosmetic or device when it is placed in any manner in or upon:
1. the drug, cosmetic or device itself; or,
2. a box, bale, barrel, bottle, case, cask, platter, or other vessel or package, or a cover, wrapper, stopper, brand, label, or other thing in, by or with which the drug, cosmetic or device is packed, enclosed or otherwise prepared for sale or disposition.
C. A "drug" shall be deemed to include (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.
D. "Cosmetic" means (1) articles 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 (2) articles intended for use as a component of any such articles; except that such term shall not include soap.
E. "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals.
F. A "counterfeit trademark" is one which is designed to resemble a genuine trademark so as to be likely to induce the belief that it is genuine, whether by the use of words or letters, similar in appearance or in sound, or by any sign, device or other means whatsoever.
L.1967, c. 311, s. 1, eff. Feb. 27, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6D-2 - Offenses

24:6D-2. Offenses
A person who:
A. Counterfeits a trademark; or,
B. Affixes to any drug, cosmetic or device a counterfeit trademark knowing the same to be counterfeit, or the genuine trademark of another, without the latter's consent; or,
C. Knowingly sells, offers for sale, or possesses a drug, cosmetic or device to which is affixed a counterfeit trademark, or the genuine trademark of another, without the latter's consent; or,
D. Has in his possession or conceals a counterfeit trademark, knowing it to be counterfeit, or a die, punch, plate, brand or other thing for the purpose of counterfeiting a trademark; or, for the purpose of making the genuine trademark of another without the latter's consent; or,
E. Makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, a drug, cosmetic or device with such a trademark or label as to appear to indicate the place of manufacture or production, or persons manufacturing, packing, bottling, boxing or producing the article, but not indicating it truly; or,
F. Knowingly sells, offers or exposes for sale, or delivers any drug, cosmetic or device which is represented in any manner, by word or deed, to be the manufacture, packing, bottling, boxing or product of any person, firm or corporation, other than himself, without the consent of such other person, firm or corporation, unless such drug, cosmetic or device is contained in the original package, box or bottle and under the labels, marks or names placed thereon by the manufacturer or other person who is entitled to use such marks, names, brands or trademarks; or,
G. Shall sell or shall expose for sale any drug, cosmetic or device in bulk, to which no label or trademark shall be attached, and shall by representation, name or mark written or printed thereon, represent that such drug, cosmetic or device is the production or manufacture of a person who is not the manufacturer; or,
H. Shall knowingly sell, offer or expose for sale any drug, cosmetic or device, and shall orally or by representation, name or mark written or printed thereon or attached thereto used in connection therewith, or by advertisement, or otherwise, in any manner, whatsoever make any false representation as to the person by whom such drug, cosmetic or device or the material thereof was made, or was in whole or in part produced, manufactured, finished, processed, treated, marketed, packed, bottled, or boxed or falsely represents that such drug, cosmetic or device or the material or any part thereof has or may properly have any trademark attached to it or used in connection with it, or is or may properly be indicated or identified by any trademark.
Is guilty of a high misdemeanor if the offense is committed with regard to a drug and is guilty of a misdemeanor if the offense is committed with respect to a cosmetic or device.
L.1967, c. 311, s. 2, eff. Feb. 27, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6D-3 - Enforcement

24:6D-3. Enforcement
A. It is hereby made the duty of the State Department of Health, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all county prosecutors, to enforce all provisions of this chapter, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to counterfeiting of trademarks used in connection with drugs, cosmetics or devices.
B. The commissioner and any officer or employee of the department designated by the commissioner to conduct investigations or engage in other enforcement activities relating to the counterfeiting of drugs, cosmetics or devices shall have the power to execute and serve search warrants and shall have the power of arrest in cases of violation of this chapter, and may, in the discharge of their duties, call in the aid of a constable, sheriff, or other peace officer when deemed necessary.
L.1967, c. 311, s. 3, eff. Feb. 27, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-2 - Advertisement of prescription drugs; rules and regulations

24:6E-2. Advertisement of prescription drugs; rules and regulations
In conformance with the Administrative Procedure Act, P.L.1968, c. 410 (C. 52:14B-1 et seq.), the Director of the Division of Consumer Affairs shall promulgate rules and regulations governing the advertising of prescription drugs. Such rules and regulations shall include, but shall not be limited to, the following: (1) provisions governing the content of advertisements, including price quotations in conformance with usual and customary prescription amounts, dosage form, and services offered; (2) provisions prohibiting reference to the quality of a drug or its beneficial use; (3) provisions prohibiting the advertising for sale of a prescription drug at a retail price below the acquisition cost of the drug to the retail seller; (4) provisions governing the mandatory dissemination over the telephone of price information. Such rules and regulations shall be consistent, insofar as practicable, with Federal laws and regulations concerning advertising of prescription drugs, and the director may make any such Federal law or regulation applicable to the advertising of prescription drugs within this State by rule or regulation.
L.1977, c. 240, s. 3, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-3 - Restraint on prescription drug price information to public

24:6E-3. Restraint on prescription drug price information to public
It shall be unlawful for any individual, group or association to restrain, directly or indirectly, the flow of prescription drug price information to the public.
L.1977, c. 240, s. 4, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-7 - Prescriptions; dispensation of lowest cost interchangeable drug product; exceptions; notice of substitution

24:6E-7. Prescriptions; dispensation of lowest cost interchangeable drug product; exceptions; notice of substitution
Every prescription blank shall be imprinted with the words, "substitution permissible" and "do not substitute" and shall contain space for the physician's or other authorized prescriber's initials next to the chosen option. Notwithstanding any other law, unless the physician or other authorized prescriber explicitly states that there shall be no substitution when transmitting an oral prescription or, in the case of a written prescription, indicates that there shall be no substitution by initialing the prescription blank next to "do not substitute," a different brand name or nonbrand name drug product of the same established name shall be dispensed by a pharmacist if such different brand name or nonbrand name drug product shall reflect a lower cost to the consumer and is contained in the latest list of interchangeable drug products published by the council; provided, however, where the prescriber indicates "substitution permissible, and requests the pharmacist to notify him of the substitution," the pharmacist shall transmit notice, either orally or by written notice to be mailed no later than the end of the business day, to the prescriber specifying the drug product actually dispensed and the name of the manufacturer thereof. However, no drug interchange shall be made unless a savings to the consumer results, and the pharmacist passes such savings on to the consumer in full by charging no more than the regular and customary retail price for the drug to be substituted. For prescriptions filled other than by mail, the consumer may, if a substitution is indicated and prior to having his prescription filled, request the pharmacist or his agent to inform him of the price savings that would result from substitution. If the consumer is not satisfied with said price savings he may, upon request, be dispensed the drug product prescribed by the physician. The pharmacist shall make a notation of such request upon the prescription blank.
L.1977, c. 240, s. 8, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-8 - Prescriptions; dispensation of substitute drug for drug not on latest list of interchangeable drug products; reasons; approval of prescriber

24:6E-8. Prescriptions; dispensation of substitute drug for drug not on latest list of interchangeable drug products; reasons; approval of prescriber
Notwithstanding any other law, where a different brand name or nonbrand name drug product of the same established name shall reflect a lower cost to the consumer and no drug product of such established name is included in the latest list of interchangeable drug products published by the council, or where in the professional judgment of the pharmacist there is no valid proof of efficacy for the drug product prescribed, or the pharmacist's patient profile record discloses drug sensitivity, allergies or adverse reactions to the drug product prescribed, or there exists a more appropriate drug product than the drug product prescribed, a different brand name or nonbrand name drug product shall be dispensed by the pharmacist, provided, however, that such action by a pharmacist shall be authorized only if in each case the pharmacist notifies the prescriber of the drug product to be dispensed and the name of the manufacturer thereof, and receives the approval of the prescriber to substitute such drug product for the drug product prescribed. The pharmacist shall be required to indicate on the prescription the date and time of the prescriber's approval and whether the approval was communicated orally or in writing.
L.1977, c. 240, s. 9, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-9 - Dispensation of nonbrand name drug product; label.

24:6E-9 Dispensation of nonbrand name drug product; label.
10. If a nonbrand name drug product is dispensed, the pharmacist shall include on the label of such drug product dispensed pursuant to a prescription, the name of the brand name drug and the name of the generic drug. The information required pursuant to this section shall be in the following form, with the generic name and brand name inserted as appropriate: "-------_Generic for -------".
L.1977, c.240, s.10; amended 2009, c.91, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-10 - Signs, information to be disclosed relative to drugs, biological products to be dispensed.

24:6E-10 Signs, information to be disclosed relative to drugs, biological products to be dispensed.
11. Every pharmacy, drug store, or drug department selling prescription drugs or biological products shall post a sign at the entrance and where prescription drugs or biological products are sold disclosing the fact that upon request, before a prescription drug or biological product is dispensed, a consumer shall be told the price of such drug or biological product, whether such drug or biological product is to be substituted from a list of interchangeable drug or biological products, and of the consumer's right to be informed of the price savings resulting from substitution for such drug or biological product and to be dispensed the drug or biological product as prescribed by the physician, if not satisfied with said price savings. Such sign shall not be less than 12 inches by 12 inches.
L.1977, c.240, s.11; amended 2015, c.130, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-11 - Violations; penalties; collection and enforcement; validity of prescription on unauthorized form

24:6E-11. Violations; penalties; collection and enforcement; validity of prescription on unauthorized form
Any person violating any provision of this act shall be liable to a penalty of not less than $100.00 for the first offense, and not less than $200.00 for each subsequent offense. Such penalty shall be collected and enforced by summary proceedings pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). Process shall issue at the suit of the Board of Pharmacy or the Attorney General, and shall be either in the nature of a summons or warrant. In addition, the Board of Pharmacy may suspend or revoke the certificate of a registered pharmacist for violating any provision of this act. However, failure of the prescriber to utilize the form of prescription designated in section 8 of this act shall not invalidate the prescription as written, if said prescription is otherwise valid.
L.1977, c. 240, s. 12, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-12 - Inapplicability of act to dispensation of drug permits under institutional permits

24:6E-12. Inapplicability of act to dispensation of drug permits under institutional permits
The provisions of sections 5 through 12 shall not be applicable to drug products dispensed under institutional permits when the institution involved has its own drug substitution mechanism.
L.1977, c. 240, s. 13, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6E-13 - Severability

24:6E-13. Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of the act which can be given effect without such invalid provision or application, and to this end the provisions of this act are declared to be severable.
L.1977, c. 240, s. 14, eff. Sept. 29, 1977.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6F-1 - Prescribing, administering or dispensing amygdalin (laetrile); immunity of physician; written informed request; form

24:6F-1. Prescribing, administering or dispensing amygdalin (laetrile); immunity of physician; written informed request; form
No duly licensed physician shall be subject to any penalty or disciplinary action by any State agency or private professional organization solely for prescribing, administering or dispensing amygdalin, also known as laetrile or vitamin B-17, to a patient who has made a written request for such substance on the following form:
WRITTEN INFORMED REQUEST FOR PRESCRIPTION OF AMYGDALIN (LAETRILE) FOR MEDICAL TREATMENT
Patient's name Address Age Sex Name and address of prescribing physician
Malignancy, disease, illness or physical condition diagnosed for medical treatment by amygdalin (laetrile)
My physician has explained to me:
(a) That the manufacture and distribution of amygdalin (laetrile) has been banned by the Federal Food and Drug Administration.
(b) That neither the American Cancer Society, the American Medical Association, nor the Medical Society of New Jersey recommend use of amygdalin (laetrile) in the treatment of any malignancy, disease, illness or physical condition.
(c) That there are alternative recognized treatments for the malignancy, disease, illness or physical condition from which I suffer which he has offered to provide for me including: (Here describe)
That notwithstanding the foregoing, I hereby request prescription and use of amygdalin (laetrile) (a) in the medical treatment of the malignancy, disease, illness or physical condition from which I suffer [ ], or (b) as a dietary supplement [ ]. Check (a) or (b).
Patient or person signing for patient
Attest: Prescribing physician
L.1977, c. 318, s. 1, eff. Jan. 10, 1978.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6F-2 - Pharmacist; dispensing; immunity from penalty or disciplinary action; affixation of label to container

24:6F-2. Pharmacist; dispensing; immunity from penalty or disciplinary action; affixation of label to container
No duly registered pharmacist shall be subject to any penalty or disciplinary action by any State agency or private professional organization for dispensing, upon receipt of a prescription, amygdalin, provided that the pharmacist shall affix to the container containing amygdalin a label which shall contain the following statement: "Amygdalin has not been approved as a treatment or cure of any malignancy, disease, illness or physical condition by the United States Food and Drug Administration."
L.1977, c. 318, s. 2, eff. Jan. 10, 1978.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6F-3 - Health care facility or its employee; restriction of use; prohibition; administration or dispensing on prescription; immunity from disciplinary action or penalty

24:6F-3. Health care facility or its employee; restriction of use; prohibition; administration or dispensing on prescription; immunity from disciplinary action or penalty
No health care facility or employee thereof may restrict or forbid the use of, refuse to administer or dispense, or be subject to any disciplinary action or penalty for administering or dispensing, amygdalin, also known as laetrile or vitamin B-17, when prescribed by a physician. For the purposes of this act, "health care facility" means any such facility as defined in the "Health Care Facilities Planning Act" (C. 26:2H-1 et seq.).
L.1977, c. 318, s. 3, eff. Jan. 10, 1978.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6F-4 - Manufacture, introduction or delivery; immunity from liability for civil or criminal penalty

24:6F-4. Manufacture, introduction or delivery; immunity from liability for civil or criminal penalty
No person shall be held liable for any civil or criminal penalty solely for the manufacture, introduction or delivery or introduction for intrastate commerce in this State, the substance known as amygdalin, also known as laetrile or vitamin B-17; provided that such manufacture, introduction or delivery is conducted pursuant to chapters 6A and 6B of Title 24 of the New Jersey Statutes.
L.1977, c. 318, s.4, eff. Jan. 10, 1978.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6F-5 - Records on use; periodic studies

24:6F-5. Records on use; periodic studies
The State Department of Health shall maintain records concerning the use of the substance amygdalin, also known as laetrile or vitamin B-17, and shall make periodic studies, based on such records, concerning the efficacy of such substance in the treatment of cancer. The Commissioner of Health is hereby authorized to promulgate rules and regulations to implement the provisions of this act, including: regulations to prohibit the use of amygdalin unless such substance is prescribed by a physician on the form set out in this act; and regulations to require copies of all such forms, when completed, to be sent to the Department of Health.
L.1977, c. 318, s. 5, eff. Jan. 10, 1978.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-1 - Control or possession without written permit; prohibition; exceptions

24:6G-1. Control or possession without written permit; prohibition; exceptions
It shall be unlawful for any person or persons, except a duly licensed physician, dentist, veterinarian, nurse, hospital, sanitarium or other medical institution, or a resident physician or intern of a hospital, sanitarium or other medical institution, to have under control or possess nitrous oxide in any form unless the person obtains a written permit issued by the Department of Health; except that no person under 19 years of age shall have under his control or possess nitrous oxide.
L.1982, c. 127, s. 1, eff. Sept. 3, 1982.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-2 - Sale of nitrous oxide for nonmedical use

24:6G-2. Sale of nitrous oxide for nonmedical use
2. When nitrous oxide is sold for nonmedical use, both the seller and buyer shall obtain a written permit issued by the Department of Health; except that if the seller is registered with the Department of Health as a distributor or wholesaler of nitrous oxide or if the nitrous oxide is to be used in food preparation, the seller or buyer does not have to obtain a permit. A permit shall contain the name, address and other location of the person who requests the permit and a registration number assigned by the Department of Health. The buyer shall state the intended use of the nitrous oxide on the permit.
Notwithstanding the provisions of sections 1 and 2 of this act, no person shall sell, distribute or dispense nitrous oxide to any person under 19 years of age.
L.1982,c.127,s.2; amended 1992,c.179.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-3 - Record of sale; duration of retention; contents; inspection

24:6G-3. Record of sale; duration of retention; contents; inspection
Every person who sells or furnishes nitrous oxide shall retain a record of the sale for a period of 2 years. The record of the sales shall contain the name and address of the buyer, number of the buyer's permit, date of sale and amount of nitrous oxide purchased. Records shall be open to inspection by any public officer or employee engaged in the enforcement of this section.
L.1982, c. 127, s. 3, eff. Sept. 3, 1982.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-4 - Permits; purposes authorized

24:6G-4. Permits; purposes authorized
The Commissioner of Health is authorized to issue permits for the acquisition of nitrous oxide for the purposes enumerated in section 1 of this act.
L.1982, c. 127, s. 4, eff. Sept. 3, 1982.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-5 - Administration and enforcement; rules

24:6G-5. Administration and enforcement; rules
The Commissioner of Health shall administer and enforce the provisions of this act and shall issue all rules necessary to effectuate the purposes of this act.
L.1982, c. 127, s. 5, eff. Sept. 3, 1982.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6G-6 - Violations; penalties; recovery and enforcement

24:6G-6. Violations; penalties; recovery and enforcement
The penalties for violating any provisions of this act shall be as provided in chapter 17 of Title 24 of the Revised Statutes. Such penalties shall be recovered and enforced in the same manner and in accordance with the procedure detailed in chapter 17 of Title 24 of the Revised Statutes. In addition, any person violating the provisions of this act may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months.
L.1982, c. 127, s. 6, eff. Sept. 3, 1982.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6H-1 - Distribution of ephedrine alkaloids to minor, disorderly person; exceptions.

24:6H-1 Distribution of ephedrine alkaloids to minor, disorderly person; exceptions.
1. A person who knowingly sells, transfers or otherwise furnishes a product containing ephedrine alkaloids to a minor who is under 18 years of age is a disorderly person, unless:
a. the person is a health care professional licensed pursuant to Title 45 of the Revised Statutes who has obtained consent, as required by law, to the treatment of the minor to whom the product is furnished or the parent or guardian of the minor; or
b. the product is a drug as defined in R.S.24:1-1.
L.2003,c.57,s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6H-2 - Label required on ephedrine alkaloid products.

24:6H-2 Label required on ephedrine alkaloid products.
2. A product that contains ephedrine alkaloids that is not a drug as defined in R.S.24:1-1, shall not be sold or offered for sale in this State after the effective date of this act unless its label indicates that the sale of the product to minors under 18 years of age is prohibited by State law, in accordance with regulations adopted by the Commissioner of Health.
L.2003, c.57, s.2; amended 2012, c.17, s.88.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6H-3 - Rules, regulations.

24:6H-3 Rules, regulations.
3. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to carry out the purposes of this act.
L.2003, c.57, s.3; amended 2012, c.17, s.89.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6I-2 - Findings, declarations relative to the medical use of cannabis.

24:6I-2 Findings, declarations relative to the medical use of cannabis.
2. The Legislature finds and declares that:
a. Modern medical research has discovered a beneficial use for cannabis in treating or alleviating the pain or other symptoms associated with certain medical conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999.
b. According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, 99 out of every 100 cannabis arrests in the country are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use cannabis.
c. Although federal law currently prohibits the use of cannabis, the laws of Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, West Virginia, and the District of Columbia permit the use of cannabis for medical purposes, and in Arizona doctors are permitted to prescribe cannabis. New Jersey joins this effort for the health and welfare of its citizens.
d. States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law; therefore, compliance with this act does not put the State of New Jersey in violation of federal law.
e. Compassion dictates that a distinction be made between medical and non-medical uses of cannabis. Hence, the purpose of this act is to protect from arrest, prosecution, property forfeiture, and criminal and other penalties, those patients who use cannabis to alleviate suffering from qualifying medical conditions, as well as their health care practitioners, designated caregivers, institutional caregivers, and those who are authorized to produce cannabis for medical purposes.
L.2009, c.307, amended 2019, c.153, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6I-5.1 - Authorization process for dispensation.

24:6I-5.1 Authorization process for dispensation.
5. a. A health care practitioner shall not be required to be listed publicly in any medical cannabis practitioner registry as a condition of authorizing patients for the medical use of cannabis.
b. No authorization for the medical use of cannabis may be issued by a health care practitioner to the practitioner's own self or to a member of the practitioner's immediate family.
c. The commission shall establish a process to allow medical cannabis to be dispensed to a patient who has been authorized for the medical use of cannabis and who has initiated the process of registering with the commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), but whose registration has not been completed or subject to other final action by the commission. A patient may be dispensed medical cannabis in quantities of up to a two-week supply during the pendency of the patient's registration, after which time the patient may be dispensed medical cannabis in an amount consistent with the requirements of section 10 of P.L.2009, c.307 (C.24:6I-10). The commission shall impose such restrictions on access to medical cannabis pursuant to this subsection as shall be necessary to protect against fraud, abuse, and diversion.
d. A health care practitioner may initially authorize any qualifying patient for the medical use of cannabis using telemedicine or telehealth, provided that the use of telemedicine or telehealth, rather than an in-person visit, is consistent with the standard of care required for assessment and treatment of the patient's condition. Following the initial authorization, the practitioner may provide continued authorization for the use of medical cannabis via telemedicine or telehealth if the practitioner determines that an in-person visit is not required, consistent with the standard of care. The practitioner may require in-office consultations if additional consultations are necessary to continue to authorize the patient's use of medical cannabis.
As used in this subsection, "telehealth" and "telemedicine" shall have the same meaning as is provided in section 1 of P.L.2017, c.117 (C.45:1-61).
L.2019, c.153, s.5; amended 2021, c.118, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6I-5.2 - Health care practitioner, regulations affecting.

24:6I-5.2 Health care practitioner, regulations affecting.
6. a. Except as provided in subsection b. of this section, no health care practitioner who has authorized a patient for the medical use of cannabis pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) within the past 90 days, and no member of such health care practitioner's immediate family, shall be an interest holder in, or receive any form of direct or indirect compensation from, any medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant.
b. Nothing in subsection a. of this section shall be construed to prevent a health care practitioner from serving on the governing board of a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, or on the medical advisory board of a medical cannabis cultivator, medical cannabis manufacturer,medical cannabis dispensary, or clinical registrant established pursuant to section 15 of P.L.2019, c.153 (C.24:6I-7.5), or from receiving a reasonable stipend for such service, provided that:
(1) the stipend does not exceed the stipend paid to any other member of the governing board or medical advisory board for serving on the board; and
(2) the amount of the stipend is not based on patient volumes at any medical cannabis dispensary or clinical registrant or on the number of authorizations for the medical use of cannabis issued by the health care practitioner pursuant to P.L.2009, c.307 (C.24:6I-1 et al.).
c. A health care practitioner, or an immediate family member of a health care practitioner, who applies to be an owner, director, officer, or employee of a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, or who otherwise seeks to be an interest holder in, or receive any form of direct or indirect compensation from, a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, shall certify that the health care practitioner has not authorized a patient for the medical use of cannabis pursuant to P.L.2009, c.307 (C.24:6I-1 et al.) within the 90 days immediately preceding the date of the application.
d. A person who violates subsection a. of this section shall be guilty of a crime of the fourth degree.
L.2019, c.153, s.6.