Scope of title

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    (a)    (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)    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.


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