California Code of Regulations › Title 3 - Food and Agriculture › Division 5 - Livestock Drugs › Chapter 2 - Sales of California Prescription Drugs › Article 4 - Violations and Penalties › Section 5014 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is unlawful for any restricted livestock drug licensee to sell any drug that is
				  required by federal law to be sold on prescription only unless the licensee
				  also holds a valid license under Article 7 or Article 15 of Chapter 9 of
				  Division 2 of the Business and Professions Code allowing them to do
				  so.
(b) It is unlawful for any
				  restricted livestock drug licensee to sell any California prescription drug to
				  another business for resale unless the licensee also holds a valid license
				  under Article 11 of Chapter 9 of Division 2 of the Business and Professions
				  Code allowing them to do so.
(c) It
				  is unlawful for any employee of a restricted livestock drug licensee to sell a
				  California prescription drug unless they are a qualified individual that meets
				  the requirements of Section
				  5009 of this chapter that has been
				  identified to the Department at the time of licensure, renewal, or upon
				  appointment.
(d) It is unlawful for
				  any qualified individual to sell any California prescription drug at retail
				  unless the purchaser provides a valid prescription issued by a
				  veterinarian.
(e) It is unlawful
				  for any qualified individual to alter or amend any prescription.
(f) It is unlawful for any qualified
				  individual who is not a licensed pharmacist to sell any California prescription
				  drug on the basis of an oral order.
(g) It is unlawful for any qualified
				  individual who is not a licensed pharmacist to sell any California prescription
				  drug for a purpose that is not in accordance with its manufacturer or
				  distributor's label.
(h) It is
				  unlawful for any qualified individual to sell any California prescription drug
				  at retail beyond the expiration date listed on the prescription or if the date
				  of issuance of the prescription is more than six months prior to the date of
				  purchase.
(i) It is unlawful for
				  any restricted livestock drug licensee to fail to keep sales records of
				  California prescription drugs or to fail to make the required records available
				  to the Department upon request as required by Section
				  5010 of this chapter.
(j) It is unlawful for any restricted
				  livestock drug licensee to fail to comply with the minimum standards for
				  receipt, storage, inventory, sale, and disposition of California prescription
				  drugs as required by Section
				  5011 of this chapter.
(k) It is unlawful for any qualified
				  individual to sell any California prescription drug except in the container in
				  which it is packaged by the manufacturer or distributor.
(l) It is unlawful for any qualified
				  individual to sell any California prescription drug that is outdated, damaged,
				  misbranded or adulterated.
(m) It
				  is unlawful for any restricted livestock drug licensee to fail to comply with
				  the minimum standards for written operating procedures for sales of California
				  prescription drugs as required by Section
				  5012 of this chapter.
(n) It is unlawful for any restricted
				  livestock drug licensee to sell California prescription drugs without either
				  retaining a consulting pharmacist or employing a pharmacist on staff as
				  required by Section
				  5013 of this chapter.
(o) It is unlawful for any business to
				  prevent the entry into and inspection of any premises where California
				  prescription drugs are stored or sold.
1. New
					 article 4 (sections
					 5014-5015) and section filed
					 8-16-2018; operative 8-16-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 33).
Note: Authority cited: Sections
						407,
						14231,
						14403
						and
						14405,
						Food and Agricultural Code. Reference: Sections
						14203,
						14262,
						14281,
						14295,
						14321,
						14327,
						14328,
						14329,
						14330,
						14358,
						14403
						and
						14405,
						Food and Agricultural Code.