58-37-7 - Labeling and packaging controlled substance.
58-37-7. Labeling and packaging controlled substance.
(1) A person licensed pursuant to this act may not distribute a controlled substanceunless it is packaged and labeled in compliance with the requirements of Section 305 of theFederal Comprehensive Drug Abuse Prevention and Control Act of 1970.
(2) No person except a pharmacist for the purpose of filling a prescription shall alter,deface, or remove any label affixed by the manufacturer.
(3) Whenever a pharmacist sells or dispenses any controlled substance on a prescriptionissued by a practitioner, he shall affix to the container in which the substance is sold ordispensed:
(a) a label showing the:
(i) pharmacy name and address;
(ii) serial number; and
(iii) date of initial filling;
(b) the prescription number, the name of the patient, or if the patient is an animal, thename of the owner of the animal and the species of the animal;
(c) the name of the practitioner by whom the prescription was written;
(d) any directions stated on the prescription; and
(e) any directions required by rules and regulations promulgated by the department.
(4) A person may not alter the face or remove any label so long as any of the originalcontents remain.
(5) (a) An individual to whom or for whose use any controlled substance has beenprescribed, sold, or dispensed by a practitioner and the owner of any animal for which anycontrolled substance has been prescribed, sold, or dispensed by a veterinarian may lawfullypossess it only in the container in which it was delivered to him by the person selling ordispensing it.
(b) It is a defense to a prosecution under this subsection that the person being prosecutedproduces in court a valid prescription for the controlled substance or the original container withthe label attached.
Amended by Chapter 241, 2004 General Session