DRUGS AND DEVICES
Article 29. Adulterated Drugs and Devices. – A drug or device shall be deemed to be adulterated:
a) 1) if it contains in whole or in part of any filthy, putrid, or decomposed substance which may affect its safety, efficacy or
good quality; or (2) if it has been manufactured, prepared or held under unsanitary conditions whereby it may have been
contaminated with dirt or filth or whereby it may have been rendered injurious to health; or (3) if its container is composed,
in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it
bears or contains any color other than a permissible one as determined by the Department, taking into consideration
standards of safety, efficacy or good quality.
b) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its
strength differs from, or its safety, efficacy, quality or purity falls below the standards set forth in such compendium, except
that whenever tests or methods of assay as prescribed are, in the judgment of the Department, insufficient for the making
of such determination, the Department shall promulgate regulations prescribing appropriate tests or methods of safety,
efficacy, quality or purity shall be made. No drug defined in an official compendium shall be deemed to be adulterated
under this paragraph because it differs from the standards of strength, safety, efficacy, quality or purity therefor set forth in
such compendium, if its difference in strength, safety, efficacy, quality or purity from such standards is plainly stated in its
label and approved for registration as such.
c) If it is not subject to the provisions of paragraph (b) and its strength differs from, or its efficacy, quality or purity falls
below, that which it purports or is represented to possess.
d) If a drug or device and any substance has been mixed or packed therewith, or any substance has been substituted
wholly or in part thereof, so as to reduce its safety, efficacy, quality, strength or purity.
e) If the methods used in, or the facilities or controls used for its manufacture or holding do not conform to or are not
operated or administered in conformity with current good manufacturing practice to assure that such drug meets the
requirements of this Act as to safety, quality and efficacy, and has the identity and strength, and meets the quality and
purity characteristics which it purports or is represented to possess.
Article 30. Exemption in Case of Drugs and Devices. –
a) The Department is hereby directed to promulgate regulations exempting from any labeling or packaging requirement of
this Act drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled or repacked in
substantial quantities at establishments other than those where originally processes or packed, on conditions that such
drugs and devices are not adulterated or mislabeled under the provisions of this Act upon removal from such processing,
labeling or repacking establishment.
b) 1) Drugs intended for use by man which:
(i) are habit-forming;
(ii) because of their toxicity or other potentiality for harmful effect, or method of their use is not safe for use
except under the supervision of practitioner licensed by law to administer such drug;
(iii) are new drugs whose applications are limited to investigational use; shall be dispensed only (a) upon written
prescription of a practitioner licensed by law to administer such drug, or (b) upon an oral prescription of such
practitioner which is reduced promptly to writing and filed by the pharmacist, or (c) by refilling any such written
or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral
order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to
the provisions of this paragraph shall be deemed to be an act which results in the drug being mislabeled while
held for sale.
2) Any drug dispensed by filling or refilling a written prescription of a practitioner licensed by law to administer such drug
shall be exempt from the requirements of Article 89, except paragraphs (a), (h), (2) and (3), and the packaging
requirements of paragraphs (f) and (g), if the drug bears a label containing the name and address of the dispenser, the
serial number and the date of the prescription or its filling, the name of the prescriber and, if stated in the prescription the
name of the patient and the directions for use and cautionary statements, if any, container in such prescription.
3) The Department may, by regulation, remove drugs subject to Article 89 (d) and Article 31 from the requirements of subarticle
(b) (1) of this Article, when such requirements are not necessary for the protection of the public health.
4) A drug which is subject to sub-article (b) (1) of this Article shall be deemed to be mislabeled if any time prior to
dispensing, its label fails to bear the statement "Caution: Should not be dispensed without prescription." A drug to which
sub-article (b) (1) of this Article does not apply shall de deemed to be mislabeled it at any time prior to dispensing, its label
bears the caution statement quoted in the preceding sentence.