In this subchapter:

1. (1) "Labeler" means a person that:

   1. (A) has a labeler code from the United States Food and Drug Administration under 21 C.F.R. Section 207.33; and
   2. (B) receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale.
2. (2) "Manufacturer" means a manufacturer of prescription drugs as defined by 42 U.S.C. Section 1396r-8(k)(5), including a subsidiary or affiliate of a manufacturer.

3. (3) "Supplemental rebate" means a cash rebate a manufacturer pays to this state:

   1. (A) on the basis of appropriate quarterly health and human services program utilization data relating to the manufacturer's products; and
   2. (B) in accordance with a state supplemental rebate agreement negotiated with the manufacturer and, if necessary, approved by the federal government under 42 U.S.C. Section 1396r-8.
4. (4) "Wholesaler" means a person licensed under Subchapter I, Chapter 431, Health and Safety Code.

Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.