Compilation of Rules and Regulations of the State of Georgia › Department 480 - RULES OF GEORGIA STATE BOARD OF PHARMACY › Chapter 480-7A - LISTED CHEMICAL WHOLESALE DISTRIBUTOR › Rule 480-7A-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
Board.
Board means the Georgia State Board of Pharmacy.
(2)
Brokerage
. Brokerage means
			 any firm or broker who arranges for the buying for resale, selling,
			 transferring, or otherwise arranging to distribute dangerous drugs, controlled
			 substances, or listed chemicals, whether or not such firm physically handles,
			 receives, distributes, or bills for the actual drug product.
(3)
Broker.
Broker means any
			 individual, corporation, corporation division, partnership, association, or
			 other entity which assists in arranging a transaction of a listed chemical by
			 negotiating contracts, serving as an agent or intermediary, or fulfilling a
			 formal obligation to complete a transaction by bringing together a buyer and
			 seller, a buyer and transporter, or a seller and a transporter, or by receiving
			 any form of compensation for so doing.
(4)
DEA.
DEA means the U.S.
			 Department of Justice Drug Enforcement Administration.
(5)
Designated Representative.
Designated Representative means a person designated by a listed chemical
			 wholesale Distributor who will serve as the designated representative of the
			 listed chemical wholesale distributor with the Board and GDNA who is actively
			 involved in and aware of the actual daily operation of the listed chemical
			 wholesale distributor.
(6)
Distribute or Distribution
. Distribute or distribution means to sell,
			 offer to sell, broker, give away, transfer, whether by passage of title,
			 physical movement, or both; deliver or offer to deliver a listed chemical or
			 drug. The term does not mean to administer or dispense.
(7)
Excessive
. Excessive means
			 any sale, distribution, purchase, or transfer of a quantity of any listed
			 chemical by a retail store which the wholesale distributor deems or judges to
			 in excess of routine sales for that particular store.
(8)
GBI.
GBI means the Georgia
			 Bureau of Investigation.
(9)
GDNA.
GDNA means the Georgia Drugs and Narcotics Agency.
(10)
Listed Chemical.
Listed
			 Chemical means any drug or product containing a chemical defined by the Board
			 as a listed chemical in 480-7A-.02 and/or designated as a listed chemical by
			 law.
(11)
Listed Chemical
			 Wholesale Distributor
. Listed Chemical Wholesale Distributor means any
			 firm named under O.C.G.A.
			  16-13-30.3(b.1) as a Wholesale Distributor which sells, transfers, purchases for resale,
			 sells for resale, or otherwise furnishes any product containing a drug or
			 listed chemical to a retail outlet.
(12)
Listed Chemical Wholesale
			 Distributor Permit.
Listed Chemical Wholesale Distributor Permit means a
			 permit issued by the Board to a wholesale distributor to distribute listed
			 chemical products to retail outlets.
(13)
Manufacturer.
Manufacturer
			 means any firm which is engaged in the manufacturing, preparing, propagating,
			 processing, repackaging, or labeling of a dangerous drug, controlled substance,
			 or a listed chemical for distribution.
(14)
Manufacturing Pharmacy.
Manufacturing pharmacy means a drug manufacturer who holds a manufacturing
			 pharmacy permit issued by the Board authorizing such firm to manufacture, but
			 not distribute, drugs in this state.
(15)
Police Chief of a
			 Municipality.
Police Chief of a Municipality means the Chief of Police
			 of a municipality located in the State of Georgia, or an officer or person
			 otherwise authorized by the Police Chief to act in his or her behalf in regards
			 to O.C.G.A.
			  16-13-30.3.
(16)
Reportable Transaction.
Reportable transaction means a report generated regarding a transaction in
			 which a retail store orders and receives what the listed chemical wholesale
			 distributor deems to be an excessive quantity of any listed chemical
			 products.
(17)
Retail
			 Outlet.
Retail Outlet means a grocery store, general merchandising
			 store, drug store, or other entity or person whose activities with listed
			 chemicals is almost exclusively to sales for personal use, directly to walk-in
			 customers, in face to face transactions by direct sales.
(18)
Sheriff of a County
.
			 Sheriff of a County means either the Sheriff of a county located in the State
			 of Georgia, or a deputy or person otherwise authorized by the Sheriff to act on
			 his or her behalf in regards to O.C.G.A.
			  16-13-30.3.
(19)
Wholesale Distributor
.
			 Wholesale Distributor means:
(a) A firm as
			 defined by O.C.G.A.
			  26-4-5(41) 
			 and  holding a wholesaler pharmacy permit issued by the Board and licensed under
			 O.C.G.A.
			  16-13-113, which authorizes a firm to distribute dangerous drugs, controlled substances,
			 and listed chemicals; or
(b) A firm
			 as specified by O.C.G.A.
			  16-13-30.3 which is authorized to distribute certain drugs or listed chemicals as
			 specified by paragraph (b.1) of that statute, and has been issued a chemical
			 wholesale distributor permit by the Board under O.C.G.A.
			  16-13-30.3.