Subdivision 1. Definition. Distressed drugs shall mean drugs or medicines which have been subjected to accident, fire, flood, adverse temperatures, or other physical influences which could affect the potency, quality, purity, or efficacy of such drug or medicine could otherwise cause the drug or medicine to be adulterated or misbranded within the meaning of the provisions of this chapter.
Subd. 2. Prohibition. No person shall sell, barter, vend, give away, or exchange distressed drugs until the board has determined that such drugs are not adulterated or misbranded within the meaning of this chapter.
Subd. 3. Notification. Every person who owns or controls distressed drugs shall immediately notify the board of the existence of such drugs and the location thereof and the board shall promptly cause an inspection and examination to be made of such drugs.
Subd. 3a. Importation. No person may import distressed drugs into this state without notification to the board of the source, destination, kind and quantity of such drugs. Such drugs may not be sold or offered for sale without written approval of the board. The board shall grant such approval when the applicant has clearly demonstrated that such distressed drugs were inspected on the site within a reasonable period after the occurrence set forth in subdivision 1 by an agency of the foreign state satisfactory to the board and the furnishing of a written certification by such agency in such form as is satisfactory to the board indicating that there is no reasonable cause to believe the drugs are not adulterated or misbranded. Nothing herein shall be construed to prevent the board from exerting its authority and rights set forth in section 151.38 after such drugs have entered this state.
Subd. 4. Board certification. The board shall, within 30 days of such notification, indicate whether or not it has probable cause to believe that such drugs are adulterated or misbranded within the meaning of this chapter. If the board determines that no such probable cause exists, it shall furnish the owner or person having control of such drugs a written certificate to that effect. If the board has probable cause to believe that the drugs are adulterated or misbranded, it shall follow the procedure set forth in section 151.38.
1969 c 933 s 20; 1971 c 24 s 14; 1973 c 639 s 10; 1986 c 444
Structure Minnesota Statutes
Chapter 151 — Pharmacy Practice And Wholesale Distribution Act
Section 151.02 — State Board Of Pharmacy.
Section 151.04 — Recommended Names.
Section 151.05 — Election Of Officers.
Section 151.06 — Powers And Duties.
Section 151.061 — Unfair Price Discrimination.
Section 151.065 — Fee Amounts.
Section 151.066 — Opiate Product Registration Fee.
Section 151.07 — Meetings; Examination Fee.
Section 151.071 — Disciplinary Action.
Section 151.072 — Reporting Obligations.
Section 151.074 — Licensee Or Registrant Cooperation.
Section 151.075 — Disciplinary Record On Judicial Review.
Section 151.095 — Inactive Status License.
Section 151.10 — Qualifications Of Applicants.
Section 151.102 — Pharmacy Technician.
Section 151.12 — Reciprocity; Licensure.
Section 151.13 — Renewal Fee; Continuing Education.
Section 151.14 — Reinstatements.
Section 151.15 — Compounding Drugs Unlawful Under Certain Conditions.
Section 151.16 — Violation A Gross Misdemeanor.
Section 151.17 — Unlawful Use Of "pharmacist."
Section 151.18 — Unlawful To Use Misleading Name.
Section 151.19 — Registration; Fees.
Section 151.191 — Licensing Medical Gas Facilities; Fees; Prohibitions.
Section 151.21 — Substitution.
Section 151.211 — Records Of Prescriptions.
Section 151.212 — Label Of Prescription Drug Containers.
Section 151.213 — Copies Of Prescriptions.
Section 151.214 — Payment Disclosure.
Section 151.215 — Certification.
Section 151.22 — Liability For Quality Of Drugs.
Section 151.23 — Poisons Must Be Labeled.
Section 151.24 — Sale Of Poisons Must Be Recorded.
Section 151.252 — Licensing Of Drug Manufacturers; Fees; Prohibitions.
Section 151.253 — Compounding.
Section 151.29 — Violation A Misdemeanor.
Section 151.30 — County Attorney To Prosecute.
Section 151.301 — Reports To Commissioner Of Health.
Section 151.33 — Careless Distribution Of Drugs.
Section 151.335 — Delivery Through Common Carrier; Compliance With Temperature Requirements.
Section 151.34 — Prohibited Acts.
Section 151.35 — Drugs, Adulteration.
Section 151.36 — Drugs, Misbranding.
Section 151.361 — Manufacturer Disclosure.
Section 151.37 — Legend Drugs; Who May Prescribe, Possess.
Section 151.375 — Investigational Drug Use.
Section 151.39 — Distressed Drugs.
Section 151.40 — Possession And Sale Of Hypodermic Syringes And Needles.
Section 151.415 — Long-term Care Resident Access To Pharmaceuticals Act.
Section 151.441 — Definitions.
Section 151.46 — Prohibited Drug Purchases Or Receipt.
Section 151.461 — Gifts To Practitioners Prohibited.
Section 151.47 — Wholesale Drug Distributor Licensing Requirements.
Section 151.471 — Third-party Logistics Provider Requirements.
Section 151.555 — Prescription Drug Repository Program.
Section 151.56 — County Return Of Unused Drugs Or Medical Devices.
Section 151.58 — Automated Drug Distribution Systems.