CHAPTER 198

An Act to amend and reenact § 54-899, us amended, of the Code of Vir-
ginia, relating to definitions as applied to pharmacy and drugs.

[S 266]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 54-399, as amended, of the Code of Virginia be amended and
reenacted as follows: .

§ 54-399. (a) Finding.—The practice of pharmacy in the State of
Virginia is declared a professional practice affecting the public health,
is hae welfare and is subject to regulation and control in the public
in

(b) Definitions —As used in this chapter, unless the context other-
wise indicates : .

(1) “Pharmacy”? shall mean every place or establishment, except
as hereinafter provided, in which prescriptions, drugs, medicines and
poisons are prepared, compounded, dispensed or sold at retail and which
is duly registered by the State Board of Pharmacy.

(2) “Pharmacist” means a person to whom the Board has issued a
certificate of registration to practice pharmacy under the laws of this
State and which certificate of registration, has not expired or has not
been revoked or suspended. ;

(3) “Prescription” shall mean and include an order for drugs or
medical supplies, written or signed or transmitted by word of mouth,
telephone, telegraph or other means of communication by a duly licensed
physician, dentist, veterinarian or other practitioner, licensed by law to
prescribe and administer such drugs and medical supplies intended to be
filled, compounded or dispensed by a pharmacist.

(4) “Drugs” includes (a) all substances and preparations recognized
in the official United States Pharmacopoeia, official Homeopathic Pharm-
acopoeia of the United States, or official National Formulary, or any
official supplement to any of them; (b) all substances and preparations
intended for use in the diagnosis, cure, mitigation, treatment or prevention
of disease in man or other animals; and (c) all substances and preparations,
other than food and cosmetics, intended to affect the structure or any
function of the body. .

(5) “ Device” means instruments, apparatus, and contrivances, in-
cluding their component parts, and accessories, intended (1) for use in
the diagnosis, cure, mitigation, treatment, or prevention of disease in
man of other animals; or (2) to affect the structure or any function
of the body of man or other animals. oe

(6) “Medicine” is defined as a drug or combination of drugs, or any
substance or combination of substances, used in treating disease in man
or other animals, .

(7) “Cosmetic” includes all substances and preparations, except
soap, intended for cleaning or altering the appearance of, or promoting
the attractiveness of, the body, or any part thereof, of man or other

8.
(8) “Dispense” includes sell, distribute, leave with, give away, dis-
pose of, deliver or supply. ;

_ (9) “Person” shall be construed to import both the plural and
singular, as the case demands, and shall include individuals, partnerships,
corporations, companies, societies and associations.

_ (10) A “wholesaler” or “distributor” shall be every person, engaged
in the business of distributing drugs or medicines * to any person who is
not the ultimate user or consumer of such drugs or medicines; such person
shall not be subject to any State or local tax as a wholesale merchant by
fees of this definition but they shall be subject to the definition contained
in .

(11) “Original package’ shall be construed to mean the original car-
ton, case, can, box, bottle, vial or other receptacle, put up by or for the
manufacturer or wholesaler or distributor, with label attached, making one
complete package of the drug article.

(12) “Label” means the principal display or displays of written,
printed or graphic matter (a) upon any drug or cosmetic, or the immediate
container thereof, and (b) upon the outside container or wrapper, if any
there be, of the retail package of any drug or cosmetic.

(13) “Labeling” includes all labels and other written, printed and
graphic matter, in any form whatsoever, accompanying any drug or
cosmetic.

(14) “Advertisement” includes all representations of fact or opinion
disseminated to the public in any manner or by any means other than by

abeling.

(15) “Official compendium” means the United States Pharmacopoeia,
Homeopathic Pharmacopoeia of the United States, National Formulary,
or any supplement to any of them, official at the time any drug to which
the provisions thereof relate is introduced into commerce.

(16) “Board” means the State Board of Pharmacy.

(17) The term “proprietary medicine” means completely com-
pounded, originally packaged drugs or medicines which do not contain any
dangerous drugs as defined in this chapter and are not dangerous to health
when used according to the recommendations on the label, and the label or
labeling of which conforms to the requirements of the Virginia Dangerous
Drug Law and all applicable provisions regarding dosage and does not
contain the statement: “Caution: Federal Law Prohibits Dispensing With-
out Prescription.”

(18) “Antmal” means any animate being, which is not human, en-
dowed with the power of voluntary action.

CHAPTER 198

An Act to amend and reenact § 9-6.7 of the Code of Virginia, relating
to the filing of copies of rules and the printing and distribution
thereof by certain State agencies. S 331

[ ]

Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

a That § 9-6.7 of the Code of Virginia be amended and reenacted as
ollows:

§ 9-6.7. (a) Each agency upon its adoption of any rule shall file
forthwith in the office of the Division of Statutory Research and Drafting
two certified copies thereof. Within thirty days from June 28, 1952,
each agency shall file in said office two certified copies of all rules thereto-
fore lawfully adopted by it and in force.

_(b) Each agency shall publish all its rules in a printed pamphlet
(with not more than one supplement), and shall forward a copy thereof
to the clerk of each court of record of this State and to the Law Library
of the School of Law of the University of Virginia and to the Marshall-
Wythe Law School of the College of William and Mary. A copy thereof
shall also be delivered to any person who requests it.

’ (c) Except as provided in § 9-6.5, no rule shall become effective
until it has been so filed and printed. N o rule shall be enforced. or en-
forceable while copies of the pamphlet containing it are not available
for distribution to the public at the office of the agency for more than
sixty consecutive days.

(d) The pamphlets and supplements thereto referred to in para-
graph (b) of this section shall be approximately six inches wide by nine
inches long, and the pages thereof shall be triple-punched four and one-
quarter inches-center to center. Where provisions of statute law are in-
serted with rules in a pamphlet, such provisions must be set forth
separately.

If an agency or any division thereof makes rules relating to more
than one subject, it may print its rules relating to separate subjects in
separate pamphlets, provided all its rules relating to each subject or
group of subjects are printed in one pamphlet with not more than one
supplement to that pamphlet.