Rule 480-7A-.01 - Definitions(1)Board. Board means the Georgia State Board of Pharmacy.(2)Brokerage. Brokerage means any firm or broker who arranges for the buying for resale, selling, transferring, or otherwise arranging to distribute dangerous drugs, controlled substances, or listed chemicals, whether or not such firm physically handles, receives, distributes, or bills for the actual drug product.(3)Broker. Broker means any individual, corporation, corporation division, partnership, association, or other entity which assists in arranging a transaction of a listed chemical by negotiating contracts, serving as an agent or intermediary, or fulfilling a formal obligation to complete a transaction by bringing together a buyer and seller, a buyer and transporter, or a seller and a transporter, or by receiving any form of compensation for so doing.(4)DEA. DEA means the U.S. Department of Justice Drug Enforcement Administration.(5)Designated Representative. Designated Representative means a person designated by a listed chemical wholesale Distributor who will serve as the designated representative of the listed chemical wholesale distributor with the Board and GDNA who is actively involved in and aware of the actual daily operation of the listed chemical wholesale distributor.(6) Distribute or Distribution. Distribute or distribution means to sell, offer to sell, broker, give away, transfer, whether by passage of title, physical movement, or both; deliver or offer to deliver a listed chemical or drug. The term does not mean to administer or dispense.(7)Excessive. Excessive means any sale, distribution, purchase, or transfer of a quantity of any listed chemical by a retail store which the wholesale distributor deems or judges to in excess of routine sales for that particular store.(8)GBI. GBI means the Georgia Bureau of Investigation.(9)GDNA. GDNA means the Georgia Drugs and Narcotics Agency.(10)Listed Chemical. Listed Chemical means any drug or product containing a chemical defined by the Board as a listed chemical in 480-7A-.02 and/or designated as a listed chemical by law.(11)Listed Chemical Wholesale Distributor. Listed Chemical Wholesale Distributor means any firm named under O.C.G.A. 16-13-30.3 (b.1) as a Wholesale Distributor which sells, transfers, purchases for resale, sells for resale, or otherwise furnishes any product containing a drug or listed chemical to a retail outlet.(12)Listed Chemical Wholesale Distributor Permit. Listed Chemical Wholesale Distributor Permit means a permit issued by the Board to a wholesale distributor to distribute listed chemical products to retail outlets.(13)Manufacturer. Manufacturer means any firm which is engaged in the manufacturing, preparing, propagating, processing, repackaging, or labeling of a dangerous drug, controlled substance, or a listed chemical for distribution.(14)Manufacturing Pharmacy. Manufacturing pharmacy means a drug manufacturer who holds a manufacturing pharmacy permit issued by the Board authorizing such firm to manufacture, but not distribute, drugs in this state.(15)Police Chief of a Municipality. Police Chief of a Municipality means the Chief of Police of a municipality located in the State of Georgia, or an officer or person otherwise authorized by the Police Chief to act in his or her behalf in regards to O.C.G.A. 16-13-30.3.(16) Reportable Transaction. Reportable transaction means a report generated regarding a transaction in which a retail store orders and receives what the listed chemical wholesale distributor deems to be an excessive quantity of any listed chemical products.(17)Retail Outlet. Retail Outlet means a grocery store, general merchandising store, drug store, or other entity or person whose activities with listed chemicals is almost exclusively to sales for personal use, directly to walk-in customers, in face to face transactions by direct sales.(18)Sheriff of a County. Sheriff of a County means either the Sheriff of a county located in the State of Georgia, or a deputy or person otherwise authorized by the Sheriff to act on his or her behalf in regards to O.C.G.A. 16-13-30.3.(19)Wholesale Distributor. Wholesale Distributor means: (a) A firm as defined by O.C.G.A. 26-4-5(41) and holding a wholesaler pharmacy permit issued by the Board and licensed under O.C.G.A. 16-13-113, which authorizes a firm to distribute dangerous drugs, controlled substances, and listed chemicals; or(b) A firm as specified by O.C.G.A. 16-13-30.3 which is authorized to distribute certain drugs or listed chemicals as specified by paragraph (b.1) of that statute, and has been issued a chemical wholesale distributor permit by the Board under O.C.G.A. 16-13-30.3.(20)Wholesaler Pharmacy. Wholesaler Pharmacy means a firm holding a permit issued by the Board to distribute drugs at wholesale, not at retail, and which permit authorizes a firm to distribute dangerous drugs, controlled substances, and listed chemicals. A wholesaler pharmacy is not intended to be, nor should it be considered a retail, hospital, clinic or any other type of pharmacy which has separate permits issued by the Board.Ga. Comp. R. & Regs. R. 480-7A-.01
O.C.G.A. Secs. 16-13-30.3, 16-13-30.4, 26-4-5, 26-4-27, 26-4-28, 26-4-113.
Original Rule entitled "Definitions" adopted. F. Aug. 31, 2005; eff. Sept. 20, 2005.