The Florida Senate

499.007  Misbranded drug or device.--A drug or device is misbranded:

(1)  If its labeling is in any way false or misleading.

(2)  Unless, if in package form, it bears a label containing:

(a)  The name and place of business of the manufacturer or distributor; in addition, for a medicinal drug, as defined in s. 499.003, the label must contain the name and place of business of the manufacturer of the finished dosage form of the drug. For the purpose of this paragraph, the finished dosage form of a medicinal drug is that form of the drug which is, or is intended to be, dispensed or administered to the patient and requires no further manufacturing or processing other than packaging, reconstitution, and labeling; and

(b)  An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; however, under this section, reasonable variations are permitted, and the department shall establish by rule exemptions for small packages.

(3)  If any word, statement, or other information required by or under ss. 499.001-499.081 to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in such terms, as to render the word, statement, or other information likely to be read and understood under customary conditions of purchase and use.

(4)  If it is a drug and is not designated solely by a name recognized in an official compendium, unless its label bears:

(a)  The common or usual name of the drug, if any; and

(b)  In case it is fabricated from two or more ingredients, the common or usual name and quantity of each active ingredient.

(5)  Unless its labeling bears:

(a)  Adequate directions for use; and

(b)  Adequate warnings against use in those pathological conditions in which its use may be dangerous to health or against use by children if its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users.

(6)  If it purports to be a drug the name of which is recognized in the official compendium, unless it is packaged and labeled as prescribed therein; however, the method of packaging may be modified with the consent of the department.

(7)  If it has been found by the department to be a drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the department by rule requires as necessary to protect the public health. Such rule may not be established for any drug recognized in an official compendium until the department has informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and that body has failed within a reasonable time to prescribe such requirements.

(8)  If it is:

(a)  A drug and its container or finished dosage form is so made, formed, or filled as to be misleading;

(b)  An imitation of another drug; or

(c)  Offered for sale under the name of another drug.

(9)  If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling of the drug.

(10)  If it is, purports to be, or is represented as a drug composed wholly or partly of insulin, unless:

(a)  It is from a batch with respect to which a certificate has been issued pursuant to s. 506 of the federal act; and

(b)  The certificate is in effect with respect to the drug.

(11)  If it is, purports to be, or is represented as a drug composed wholly or partly of any kind of antibiotic requiring certification under the federal act unless:

(a)  It is from a batch with respect to which a certificate has been issued pursuant to s. 507 of the federal act; and

(b)  The certificate is in effect with respect to the drug;

however, this subsection does not apply to any drug or class of drugs exempted by regulations adopted under s. 507(c) or (d) of the federal act.

(12)  If it is a drug intended for use by humans which is a habit-forming drug or which, because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drugs; or which is limited by an effective application under s. 505 of the federal act to use under the professional supervision of a practitioner licensed by law to prescribe such drug, unless it is dispensed only:

(a)  Upon the written prescription of a practitioner licensed by law to prescribe such drug;

(b)  Upon an oral prescription of such practitioner, which is reduced promptly to writing and filled by the pharmacist; or

(c)  By refilling any such written or oral prescription, if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filled by the pharmacist.

This subsection does not relieve any person from any requirement prescribed by law with respect to controlled substances as defined in the applicable federal and state laws.

(13)  If it is a drug that is subject to paragraph (12)(a), and if, at any time before it is dispensed, its label fails to bear the statement:

(a)  "Caution: Federal Law Prohibits Dispensing Without Prescription"; or

(b)  "Caution: State Law Prohibits Dispensing Without Prescription."

(14)  If it is a drug that is not subject to paragraph (12)(a), if at any time before it is dispensed its label bears the statement of caution required in subsection (13).

(15)  If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with the packaging and labeling requirements that apply to such color additive and are prescribed under the federal act.

A drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to prescribe such drug is exempt from the requirements of this section, except subsections (1), (8), (10), and (11) and the packaging requirements of subsections (6) and (7), if the drug bears a label that contains the name and address of the dispenser or seller, the prescription number and the date the prescription was written or filled, the name of the prescriber and the name of the patient, and the directions for use and cautionary statements. This exemption does not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail or to any drug dispensed in violation of subsection (12). The department may, by rule, exempt drugs subject to ss. 499.062-499.064 from subsection (12) if compliance with that subsection is not necessary to protect the public health, safety, and welfare.

History.--s. 34, ch. 82-225; s. 107, ch. 83-218; s. 1, ch. 83-265; s. 2, ch. 84-115; ss. 11, 52, ch. 92-69; s. 586, ch. 97-103.