(A) For purposes of this section, "sample" means a unit of a drug which is not intended by the manufacturer to be sold and which is intended to promote the sale of the drug.
(B) The department may not require the labeling of a prescription or nonprescription drug sample for which a physician does not require a federal or state controlled substance license to dispense, when the physician dispenses it to a patient for no charge. If the sample is not in the manufacturer's original package, the physician shall label it meeting all requirements of nonsample prescription medication. If adequate directions for usage are not provided on the manufacturer's package, the physician shall give adequate written directions.
(C) The labeling exemption established in this section does not apply when more than one hundred twenty dosage units or a thirty-day supply of a drug in solid form or eight ounces of a drug in liquid form is dispensed.
HISTORY: 1990 Act No. 398, Section 1, eff April 3, 1990.
Structure South Carolina Code of Laws
Chapter 23 - Adulterated, Misbranded Or New Drugs And Devices
Section 39-23-10. Short title.
Section 39-23-20. Definitions.
Section 39-23-30. Drug or device deemed adulterated.
Section 39-23-40. Drug or device deemed misbranded.
Section 39-23-55. Labeling of prescription or nonprescription drug samples.
Section 39-23-60. Coal-tar colors, regulations.
Section 39-23-70. Intrastate commerce, introduction of new drugs.
Section 39-23-80. Prohibited acts, penalties.
Section 39-23-100. Procedure for condemnation of adulterated or misbranded drug or device.
Section 39-23-110. Notice of criminal proceedings.
Section 39-23-120. Minor violations of chapter.
Section 39-23-130. Embargo of adulterated or misbranded drug or device.