39-801 REGISTRATION REQUIRED TO SELL AND DISTRIBUTE PROPHYLACTICS AND CONTRACEPTIVES -- FEES.
HEALTH AND SAFETY
CHAPTER 8
CONTRACEPTIVES AND PROPHYLACTICS
39-801. Registration required to sell and distribute prophylactics and contraceptives -- Fees. (1) Every wholesaler or manufacturer of prophylactics or contraceptives who distributes in the state shall annually submit an application for registration to the board of pharmacy:
(a) The application shall be made in writing on a form prepared by the board and be accompanied by an appropriate fee set by the board.
(b) Registrations shall be in effect for one (1) year from January 1 of each year. Registrations are not transferable. All fees collected by the state board of pharmacy shall be remitted to the state treasurer and placed to the credit of the pharmacy fund.
(c) Registrations shall be conspicuously displayed and the wholesaler or manufacturer to whom they are issued shall be open to inspection by the board or other authorized persons designated by the board.
(d) Each application for registration shall include a list of all products or brands of prophylactics and contraceptives the applicant wishes to have approved for sale in the state.
(2) At the time of making application for registration (and at any time a new product is to be distributed in this state) every manufacturer or wholesaler (who distributes products of a different brand than those authorized for sale under a manufacturer’s registration) which intends to distribute contraceptive and prophylactic products, shall furnish to the board the names of such products and in addition:
(a) The board may require proof to be furnished by the manufacturer or wholesaler that these products have received approval in accordance with the Federal Food, Drug and Cosmetic Act and regulations thereunder (title 21 USC & CFR).
(b) The requirements under the Federal Food, Drug and Cosmetic Act and regulations thereunder (title 21 USC & CFR) relating to the products mentioned in subsection (2) of this section are adopted by reference and made a part hereof.