California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 9 — PharmacyArticle 11 — Wholesalers, Third-Party Logistics Providers, and ManufacturersSection 4169
(a) A person or entity shall not do any of the following:
(1) Purchase, trade, sell, warehouse, distribute, or transfer dangerous drugs or dangerous devices at wholesale with a person or entity that is not licensed with the board as a wholesaler, third-party logistics provider, or pharmacy.
(2) Purchase, trade, sell, or transfer dangerous drugs that the person knew or reasonably should have known were adulterated, as set forth in Article 2 (commencing with Section 111250) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code.
(3) Purchase, trade, sell, or transfer dangerous drugs that the person knew or reasonably should have known were misbranded, as defined in Section 111335 of the Health and Safety Code.
(4) Purchase, trade, sell, or transfer dangerous drugs or dangerous devices after the beyond use date on the label.
(5) Fail to maintain records of the acquisition or disposition of dangerous drugs or dangerous devices for at least three years.
(b) Notwithstanding any other law, a violation of this section may subject the person or entity that has committed the violation to a fine not to exceed the amount specified in Section 125.9 for each occurrence, pursuant to a citation issued by the board.
(c) Amounts due from any person under this section shall be offset as provided under Section 12419.5 of the Government Code. Amounts received by the board under this section shall be deposited into the Pharmacy Board Contingent Fund.
(d) This section shall not apply to a pharmaceutical manufacturer licensed by the Food and Drug Administration or by the State Department of Public Health.
Notes
Prohibits wholesale dangerous-drug or device transactions with unlicensed entities, transactions involving drugs known or reasonably known to be adulterated or misbranded, transfers after the labeled beyond-use date, and failure to keep acquisition or disposition records for at least three years. Violations may be cited and fined per occurrence, but FDA- or state-public-health-licensed pharmaceutical manufacturers are exempt.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 4169 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-9/article-11/section-4169