Section 5014 - Violations(a) It is unlawful for any restricted livestock drug licensee to sell any drug that is required by federal law to be sold on prescription only unless the licensee also holds a valid license under Article 7 or Article 15 of Chapter 9 of Division 2 of the Business and Professions Code allowing them to do so.(b) It is unlawful for any restricted livestock drug licensee to sell any California prescription drug to another business for resale unless the licensee also holds a valid license under Article 11 of Chapter 9 of Division 2 of the Business and Professions Code allowing them to do so.(c) It is unlawful for any employee of a restricted livestock drug licensee to sell a California prescription drug unless they are a qualified individual that meets the requirements of Section 5009 of this chapter that has been identified to the Department at the time of licensure, renewal, or upon appointment.(d) It is unlawful for any qualified individual to sell any California prescription drug at retail unless the purchaser provides a valid prescription issued by a veterinarian.(e) It is unlawful for any qualified individual to alter or amend any prescription.(f) It is unlawful for any qualified individual who is not a licensed pharmacist to sell any California prescription drug on the basis of an oral order.(g) It is unlawful for any qualified individual who is not a licensed pharmacist to sell any California prescription drug for a purpose that is not in accordance with its manufacturer or distributor's label.(h) It is unlawful for any qualified individual to sell any California prescription drug at retail beyond the expiration date listed on the prescription or if the date of issuance of the prescription is more than six months prior to the date of purchase.(i) It is unlawful for any restricted livestock drug licensee to fail to keep sales records of California prescription drugs or to fail to make the required records available to the Department upon request as required by Section 5010 of this chapter.(j) It is unlawful for any restricted livestock drug licensee to fail to comply with the minimum standards for receipt, storage, inventory, sale, and disposition of California prescription drugs as required by Section 5011 of this chapter.(k) It is unlawful for any qualified individual to sell any California prescription drug except in the container in which it is packaged by the manufacturer or distributor.(l) It is unlawful for any qualified individual to sell any California prescription drug that is outdated, damaged, misbranded or adulterated.(m) It is unlawful for any restricted livestock drug licensee to fail to comply with the minimum standards for written operating procedures for sales of California prescription drugs as required by Section 5012 of this chapter.(n) It is unlawful for any restricted livestock drug licensee to sell California prescription drugs without either retaining a consulting pharmacist or employing a pharmacist on staff as required by Section 5013 of this chapter.(o) It is unlawful for any business to prevent the entry into and inspection of any premises where California prescription drugs are stored or sold.Cal. Code Regs. Tit. 3, § 5014
1. New article 4 (sections 5014-5015) and section filed 8-16-2018; operative 8-16-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 33). Note: Authority cited: Sections 407, 14231, 14403 and 14405, Food and Agricultural Code. Reference: Sections 14203, 14262, 14281, 14295, 14321, 14327, 14328, 14329, 14330, 14358, 14403 and 14405, Food and Agricultural Code.
1. New article 4 (sections 5014-5015) and section filed 8-16-2018; operative 8/16/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 33).