Section 36-11A-26 - Wholesale distribution defined. - South Dakota Statutes

36-11A-26. Wholesale distribution defined. For the purposes of §§ 36-11A-20 to 36-11A-46, inclusive, wholesale distribution is distribution of prescription drugs to persons other than a consumer or patient, but does not include:
(1) Intracompany sales of prescription drugs, meaning any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership and control of a corporate entity, or any transaction or transfer between co-licensees of a co-licensed product;
(2) The sale, purchase, distribution, trade, or transfer of a prescription drug or offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons;
(3) The distribution of prescription drug samples by manufacturers' representatives;
(4) Drug returns, when conducted by a hospital, health care entity, or charitable institution in accordance with 21 C.F.R. § 203.23;
(5) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use;
(6) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription;
(7) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets;
(8) The sale, purchase, distribution, trade, or transfer of a prescription drug from one authorized distributor of record to one additional authorized distributor of record when the manufacturer has stated in writing to the receiving authorized distributor of record that the manufacturer is unable to supply such prescription drug and the supplying authorized distributor of record states in writing that the prescription drug being supplied had until that time been exclusively in the normal distribution channel;
(9) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs, and such common carrier does not store, warehouse, or take legal ownership of the prescription drug;
(10) The sale or transfer from a retail pharmacy or chain pharmacy warehouse of expired, damaged, returned, or recalled prescription drugs to the original manufacturer or to a third party returns processor.

Source: SL 2007, ch 215, § 8.