California Business and Professions Code

§ 4380

BPC § 4380 Effective Jan 1, 1997Div. 2 · Ch. 9 · Art. 22

Statute text

(a)The resale, by any person, of drugs acquired at preferentially low prices permitted under federal law only because of the Nonprofit Institutions Act (15 U.S.C. Sec. 13c) is prohibited except in any of the following instances:

(1)When for the person’s own use, as defined by the federal courts in Abbott Labs. v. Portland Retail Druggists (425 U.S. 1, 47 L. Ed. 2d 537) and DeModena v. Kaiser Foundation Health Plan, Inc. (743 F. 2d 1388).

(2)When sold to a purchaser also eligible for those prices under the Nonprofit Institutions Act, that controls, is controlled by, or is under common control with, the seller, and that purchases the products for its own use, as defined in paragraph (1).

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Legislative history

Repealed and added by Stats. 1996, Ch. 890, Sec. 3. Effective January 1, 1997.