1. (a)

   1. (1) Subject to paragraph (2) of this subsection, this title does not apply to the sale of a prescription drug:

      1. (i) made to an authorized provider; or

      2. (ii) made by a manufacturer, wholesale distributor, or pharmacist licensed by the State to:

         1. 1. another manufacturer, wholesale distributor, or pharmacist licensed by the State; or
         2. 2. a hospital or institution that operates a dispensary in which an authorized provider licensed to administer prescription drugs is in charge.

   2. (2) A sale is exempt from this title only if a record of the sale:

      1. (i) is maintained and available for inspection; and
      2. (ii) shows the date of sale, the name and address of the purchaser, and the quantity purchased.

2. (b) This title does not apply to:

   1. (1) the distribution of a prescription drug, device, or supply for the treatment, care, or cure of farm animals, poultry, fowl, or other animals used in furtherance of farming activities;
   2. (2) the sale or offering for sale, or the distribution of seeds, feed for livestock and poultry, fertilizers, lime, land plaster, fungicides, and insecticides; or
   3. (3) a drug that on June 1, 1961, could be sold without a prescription.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.