"Non-prescription drugs" (aka OTC or Non-Rx) are completely compounded packaged drugs, and non-bulk 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 of every non-prescription drug outlet or place in which or from which drugs are sold, stocked, exposed, or offered for sale. Any person desiring to operate, maintain, open or established a non-prescription drug outlet or place in which or from which drugs are 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, 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:
Non-prescription drug permit, which shall be issued to those persons applying for a permit to sell, retail, stock, expose or offer for sale, at retail, non-prescription drugs in the original package. Persons applying for a permit or persons holding a permit(s) are limited to stocking, exposing, selling or offering for sale non-prescription drugs in the original package, but such permittees are not limited to or required to conduct their business in any fixed place.
For new permits the fee shall be prorated for the remaining full calendar months of the respective group to which the permit is assigned.
Applications for nonprescription drug permits shall be accompanied by the following fees: Please call office for current fee; all fees are prorated.
Category I - Category II:
Stocking thirty different non-prescription drug products or less shall be classified as category I
Stocking more than thirty different nonprescription drug products shall be classified as category II
- Advil Cold and Flu Gel Caps in a 12 pack, 24 pack and 36 pack = 1 item
- Advil Cold and Flu Liquid in 8oz, 12oz and 16oz = 1 item
- Advil Cold and Flu Tablets in a 12 pack, 24 pack and 36 pack = 1 item
- Total items: 3
- The "products" are based on the name & type & strength & dose.
Permits issued under this section are not transferable.
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.
Failure to renew and pay all required fees on or before November 1 of the year in which the renewal is due closes the permit. A closed permit shall be reopened when the permittee pays the renewal fee and penalties . Penalty fee is ½ the renewal total (not to exceed $350.00 in penalties).
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.