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Session Laws, 1968
Volume 683, Page 964   View pdf image
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964                               LAWS OF MARYLAND                         CH. 519

This subsection shall not apply to officers and employees of this
State, or a political subdivision of this State or of the United States
while acting in the course of their official duties; or to drug manu-
facturers, or their agents or employees authorized to
possess stimu-
lants or depressant drugs under the provisions of this subtitle while
they are actually engaged in investigative activities directed toward
safeguarding said drug manufacturer's trademark.

(f) No person shall make, sell, dispose of, or keep in possession,
control or custody, or conceal any punch, die, plate, stone, or other
thing designed to print, imprint, or reproduce the trademark, trade
name, or other identifying mark, imprint, or device of another or
any likeness of any of the foregoing upon any drug or container
or labeling thereof so as to render such drug a counterfeit drug.

(g) (1) From and after July 1, 1968, every person engaged in
manufacturing, compounding, processing, selling, delivering or
otherwise disposing of any depressant or stimulant drug shall pre-
pare a complete record of all stocks of each drug on hand and keep
such record for a period of three (3) years. If such record has
already been prepared in accordance with Section 511(d) of the
Federal Drug Act, and has been retained and is available to the
Department upon request, no additional record shall be required.
Every person manufacturing, compounding or processing such
drugs shall include in the record prepared the kind and quantity
of each drug manufactured, compounded or processed and the date
of such manufacture, compounding or processing. Every person
selling, delivering, or otherwise disposing of such drugs shall include
in the record prepared, the kind and quantity of each such drug
received, sold, delivered, or otherwise disposed of, the name and
address of the person from whom it was received, and to whom it
was sold, delivered, or otherwise disposed of, along with the dates
of such transactions.

(2)    Persons required to prepare and keep records as provided in
(g) (1) above, shall, upon request, permit officers and/or employees
authorized by the Department to have access to and copy such
records. Officers and/or employees properly authorized by the De-
partment, may enter at reasonable times any factory, warehouse,
establishment or vehicle in which any depressant or stimulant drug
is held, manufactured, compounded, processed, sold, delivered or
otherwise disposed of, to inspect, within reasonable limits in a
reasonable manner, such factory, warehouse, establishment or ve-
hicle, and all pertinent equipment, finished and unfinished material,
containers and labeling therein, including records, files, papers,
processes, controls and facilities, with the right to inventory any
stock of any such drug and obtain samples of any such drug; pro-
vided, however, that the right of inspection shall not apply to finan-
cial data, sales data, (other than shipment data), pricing data, per-
sonnel data or research data.

(3)    The provisions of subsections (g) (1) and (2) shall not
apply to a licensed practitioner as defined in (b) (5) with respect to
depressant or stimulant drugs received, prepared, processed, ad-
ministered or dispensed by him in the course of his professional
practice, unless he regularly engages in dispensing such drugs to
his patients for which they are charged, either separately or to-
gether with charges for other professional services.


 

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Session Laws, 1968
Volume 683, Page 964   View pdf image
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