§ 384. Importation of prescription drugs
(a)
Definitions
In this section:
(2)
Pharmacist
The term “pharmacist” means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs.
(4)
Qualifying laboratory
The term “qualifying laboratory” means a laboratory in the United States that has been approved by the Secretary for the purposes of this section.
(b)
Regulations
The Secretary, after consultation with the United States Trade Representative and the Commissioner of Customs, shall promulgate regulations permitting pharmacists and wholesalers to import prescription drugs from Canada into the United States.
(c)
Limitation
The regulations under subsection (b) of this section shall—
(1)
require that safeguards be in place to ensure that each prescription drug imported under the regulations complies with section
355 of this title (including with respect to being safe and effective for the intended use of the prescription drug), with sections
351 and
352 of this title, and with other applicable requirements of this chapter;
(d)
Information and records
(1)
In general
The regulations under subsection (b) of this section shall require an importer of a prescription drug under subsection (b) of this section to submit to the Secretary the following information and documentation:
(H)
The lot or control number assigned to the prescription drug by the manufacturer of the prescription drug.
(J)
(i)
In the case of a prescription drug that is shipped directly from the first foreign recipient of the prescription drug from the manufacturer:
(I)
Documentation demonstrating that the prescription drug was received by the recipient from the manufacturer and subsequently shipped by the first foreign recipient to the importer.
(II)
Documentation of the quantity of each lot of the prescription drug received by the first foreign recipient demonstrating that the quantity being imported into the United States is not more than the quantity that was received by the first foreign recipient.
(ii)
In the case of a prescription drug that is not shipped directly from the first foreign recipient of the prescription drug from the manufacturer, documentation demonstrating that each batch in each shipment offered for importation into the United States was statistically sampled and tested for authenticity and degradation.
(K)
Certification from the importer or manufacturer of the prescription drug that the prescription drug—
(L)
Laboratory records, including complete data derived from all tests necessary to ensure that the prescription drug is in compliance with established specifications and standards.
(e)
Testing
The regulations under subsection (b) of this section shall require—
(1)
that testing described in subparagraphs (J) and (L) of subsection (d)(1) of this section be conducted by the importer or by the manufacturer of the prescription drug at a qualified laboratory;
(f)
Registration of foreign sellers
Any establishment within Canada engaged in the distribution of a prescription drug that is imported or offered for importation into the United States shall register with the Secretary the name and place of business of the establishment and the name of the United States agent for the establishment.
(g)
Suspension of importation
The Secretary shall require that importations of a specific prescription drug or importations by a specific importer under subsection (b) of this section be immediately suspended on discovery of a pattern of importation of that specific prescription drug or by that specific importer of drugs that are counterfeit or in violation of any requirement under this section, until an investigation is completed and the Secretary determines that the public is adequately protected from counterfeit and violative prescription drugs being imported under subsection (b) of this section.
(h)
Approved labeling
The manufacturer of a prescription drug shall provide an importer written authorization for the importer to use, at no cost, the approved labeling for the prescription drug.
(i)
Charitable contributions
Notwithstanding any other provision of this section, section
381
(d)(1) of this title continues to apply to a prescription drug that is donated or otherwise supplied at no charge by the manufacturer of the drug to a charitable or humanitarian organization (including the United Nations and affiliates) or to a government of a foreign country.
(j)
Waiver authority for importation by individuals
(1)
Declarations
Congress declares that in the enforcement against individuals of the prohibition of importation of prescription drugs and devices, the Secretary should—
(2)
Waiver authority
(A)
In general
The Secretary may grant to individuals, by regulation or on a case-by-case basis, a waiver of the prohibition of importation of a prescription drug or device or class of prescription drugs or devices, under such conditions as the Secretary determines to be appropriate.
(B)
Guidance on case-by-case waivers
The Secretary shall publish, and update as necessary, guidance that accurately describes circumstances in which the Secretary will consistently grant waivers on a case-by-case basis under subparagraph (A), so that individuals may know with the greatest practicable degree of certainty whether a particular importation for personal use will be permitted.
(3)
Drugs imported from Canada
In particular, the Secretary shall by regulation grant individuals a waiver to permit individuals to import into the United States a prescription drug that—
(A)
is imported from a licensed pharmacy for personal use by an individual, not for resale, in quantities that do not exceed a 90-day supply;
(E)
is in the form of a final finished dosage that was manufactured in an establishment registered under section
360 of this title; and
(l)
Effectiveness of section
(1)
Commencement of program
This section shall become effective only if the Secretary certifies to the Congress that the implementation of this section will—
(2)
Termination of program
(A)
In general
If, after the date that is 1 year after the effective date of the regulations under subsection (b) of this section and before the date that is 18 months after the effective date, the Secretary submits to Congress a certification that, in the opinion of the Secretary, based on substantial evidence obtained after the effective date, the benefits of implementation of this section do not outweigh any detriment of implementation of this section, this section shall cease to be effective as of the date that is 30 days after the date on which the Secretary submits the certification.
(B)
Procedure
The Secretary shall not submit a certification under subparagraph (A) unless, after a hearing on the record under sections
556 and
557 of title
5, the Secretary—
(i)
(I)
determines that it is more likely than not that implementation of this section would result in an increase in the risk to the public health and safety;
(II)
identifies specifically, in qualitative and quantitative terms, the nature of the increased risk;
(ii)
identifies specifically, in qualitative and quantitative terms, the benefits that would result from implementation of this section (including the benefit of reductions in the cost of covered products to consumers in the United States, allowing consumers to procure needed medication that consumers might not otherwise be able to procure without foregoing other necessities of life); and
(m)
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.