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Martin O'Malley, Governor
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Ch. 353
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1. THE MANUFACTURER HAS STATED IN WRITING TO
THE RECEIVING AUTHORIZED DISTRIBUTOR OF RECORD THAT THE
MANUFACTURER IS UNABLE TO SUPPLY THE PRESCRIPTION DRUG; AND
2. THE SUPPLYING AUTHORIZED DISTRIBUTOR OF
RECORD STATES IN WRITING THAT THE PRESCRIPTION DRUG BEING SUPPLIED
HAD UNTIL THAT TIME BEEN EXCLUSIVELY IN THE NORMAL DISTRIBUTION
CHANNEL;
(IX) THE DELIVERY OF, OR OFFER TO DELIVER, A
PRESCRIPTION DRUG BY A COMMON CARRIER SOLELY IN THE COMMON
CARRIER'S USUAL COURSE OF BUSINESS OF TRANSPORTING PRESCRIPTION
DRUGS, IF THE COMMON CARRIER DOES NOT STORE, WAREHOUSE, OR TAKE
LEGAL OWNERSHIP OF THE PRESCRIPTION DRUG; OR
(X) THE SALE OR TRANSFER FROM A RETAIL PHARMACY OR
PHARMACY WAREHOUSE OF EXPIRED, DAMAGED, RETURNED, OR RECALLED
PRESCRIPTION DRUGS TO THE ORIGINAL MANUFACTURER OR TO A THIRD
PARTY RETURNS PROCESSOR.
(V) (1) "WHOLESALE DISTRIBUTOR" MEANS A PERSON THAT IS
ENGAGED IN THE WHOLESALE DISTRIBUTION OF PRESCRIPTION DRUGS OR
PRESCRIPTION DEVICES.
(2) "WHOLESALE DISTRIBUTOR" INCLUDES:
(I) A MANUFACTURER;
(II) A REPACKAGER;
(III) AN OWN-LABEL DISTRIBUTOR;
(IV) A PRIVATE-LABEL DISTRIBUTOR;
(V) A JOBBER;
(VI) A BROKER;
(VII) A WAREHOUSE, INCLUDING A MANUFACTURER'S OR
DISTRIBUTOR'S WAREHOUSE;
(VIII) A MANUFACTURER'S EXCLUSIVE DISTRIBUTOR OR AN
AUTHORIZED DISTRIBUTOR OF RECORD;
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- 2249 -
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