(a) Each drug retailer shall prominently post a list of the prices of the one hundred prescription drug products that had the highest volume of retail sales by such drug retailer during the previous year. The posting for each such drug shall list the drug product under its established name (if any) and its proprietary name (if any) and shall contain the lowest price at which such drug product is offered for sale by such retailer for a quantity which is a quantity in which the drug product is most commonly dispensed.
(b)
(1) No drug retailer may sell any prescription drug product, the price of which he has posted in accordance with subsection (a) of this section:
(A) In the case of a sale of the drug product in a quantity which is equal to or greater than the quantity which is posted, at a unit price that is greater than the unit price of the drug sold in the quantity which is posted; or
(B) In the case of a sale of the drug product in a quantity which is less than that which is posted, at a unit price that is more than one hundred and ten per centum of the unit price of the drug sold in the quantity posted.
(2) Any person may commence a civil action to obtain a temporary or permanent injunction restraining any drug retailer from violating paragraph (1) of this subsection.
(c) For the purposes of this section:
(1)
(A) The term “prescription drug product” means a prescription drug sold in a particular dosage form.
(B) In the case of a prescription drug product which has an established name, if a drug retailer sells such drug product under one or more proprietary names, then such drug product, as sold under each such proprietary name, shall be considered to be a separate drug product for the purposes of posting under subsection (a).
For the purposes of this section, the term “established name” has the same meaning as that established under 21 U.S.C.A., section 352(e)(2) and the term “proprietary name” shall be defined under regulations of the Director.(C) In the case of a prescription drug product which does not have an established name, which is not sold under a proprietary name, or which has a combination of ingredients some or all of which have separate established names, the Director shall prescribe regulations which shall specify the extent to which such drug shall be considered a separate drug product, for the purpose of the posting under subsection (a) hereof. Nothing in this subparagraph shall be construed as to delay the requirement that the price of drugs not covered by this subsection be posted.
(2) The term “prescription drug” means a drug for which a prescription is required under local or federal law, or under regulations established by the Federal Food and Drug Administration.
(3) The term “drug retailer” means a person who is engaged, in whole or in part, in the business of selling prescription drugs at retail.