Nonprescription Drug Retailer Permit Application & Info
Nonprescription Drugs:
Non-Prescription Retailer Permit Application
"Nonprescription drugs" are completely compounded packaged drugs, and nonbulk chemicals, not requiring a prescription order, which are sold, offered, promoted, and advertised by the manufacturer or primarily distributor to the general public, the labeling and quality of which conform to the requirements of this chapter or the federal act.
This definition does not include:
- Drugs which are primarily advertised and promoted professionally to medical practitioners and pharmacists by manufacturers or primarily distributors.
- A controlled substance.
- A drug the label of which is required to bear substantially any of the following statements, "Rx ONLY", "Caution: federal laws prohibits dispensing without prescription" or "Warning: may be habit-forming".
- A drug intended for human use by hypodermic injection.
Registration Requirements:
Biennial registration of every nonprescription drug outlet or wholesaling firm and any other place in which or from which drugs are sold, compounded, stocked, exposed, manufactured or offered for sale. Any person desiring to operate, maintain, open or established a nonprescription drug outlet or wholesaling firm, or any other place in which or from which drugs are manufactured, compounded, stocked, exposed, sold, or offered for sale, shall apply to the board for a permit before engaging in any such activity. If it is desired to operate, maintain, open or established more than one place of business in which or from which nonprescription drug items are sold, manufactured, compounded, dispensed, stocked, exposed or offered for sale, a separate application shall be made and a separate permit shall be issued for each place, business, or outlet.
Types of Permits; Restrictions on Permits:
Nonprescription drug permit, which shall be issued to those persons applying for a permit to sell, retail, stock, expose or offer for sale, at retail, nonprescription drugs in the original package. Persons applying for a permit or persons holding a permits are limited to stocking, exposing, selling or offering for sale nonprescription drugs in the original package, but such permittees are not limited to or required to conduct their business in any fixed place.
Permit fees; Issuance; Expiration; Renewals:
The permit of all persons or firms issued as provided in this chapter shall be assigned by the board to one of the two permit renewal groups. A holder of a permit ending in an even number shall renew it biennially on or before November 1 of the even numbered year, two years from the last renewal date. Failure to renew and pay all required fees on or before November 1 of the year in which the renewal is due suspends the permit. A suspension shall be vacated when the permittee pays penalties of not to exceed three hundred fifty dollars and all past due fees. The board may waive collection under conditions established by a majority of the board. For new permits the fee shall be prorated for the remaining full calendar months of the respective group to which the permit is assigned.
Non Prescription Retailer Permit Application
Applications for nonprescription drug permits shall be accompanied by the following biennial fees:
Please call office for current fee; all fees are prorated
- Permittees stocking thirty different nonprescription drug products or less shall be classified as category I dealers - $120 every 2 years.
- Permittees stocking more than thirty different nonprescription drug products shall be classified as category II dealers - $200 every 2 years.
Permits issued under this section are not transferable:
Upon failure of a permittee to apply for renewal, the permit shall expire as provided in subsection A of this section. A permit so expired may be activated and renewal by filing the required application and fee. Renewal thirty days after the expiration date of a permit may be made only on payment of the required fee, all back fees and a penalty of twenty dollars.
Display of License or Permit:
The holder of a permit granted under the provisions of this chapter shall conspicuously display it in the place to which it applies.
Returning Nonprescription Drug Items:
After it has been taken from the premises where sold or distributed, no nonprescription drug item shall be accepted for return or exchange for resale unless the following conditions have been met:
- It is in the original, unopened container; and
- The container has not been subjected to contamination or deterioration.
Vitamins and Other Substances:
Any vitamin product which is marketed only for the purpose of supplementing the diet is a non-drug product if the following requirements are met:
- The label supplies adequate information as to the normal intake of each vitamin contained in the product;
- The label supplies adequate information as to the amount of each vitamin contained in the product;
- The product is not held out for the treatment or prevention of any disease but merely as a food supplement.
Any vitamin preparation which is held out to be a treatment for any deficiency, disease, or for the correction of any symptom of disease, or for the prevention, mitigation or cure of disease, either by direct statement or by inference, is a drug. |
