Section 25.114. Persons exempt from registration

The following persons are exempt from registration:

(1) An official or agency of the United States Army, Navy, Marine Corps, Air Force, Coast Guard, Veterans Administration or Public Health Service.

(2) An official employe or other civil officer of an agency of the United States or of the Commonwealth or its political subdivisions, otherwise authorized to manufacture, distribute, or retail drugs or devices in the course of his official duties or employment.

(3) Practitioners licensed by law to prescribe, administer or dispense drugs or devices when operating under the authority of the licensure. Registration is required if practitioners engage in the manufacture or distribution of drugs or devices.

(4) An agent or employe of any registered manufacturer, distributor or retailer of drugs or devices when acting in the regular course of his business or employment.

(5) A common or contract carrier or warehouseman, or an employe thereof whose possession of drugs or devices is in the usual course of his business or employment.

(6) An ultimate user who possesses drugs or devices for his own use which have been obtained in good faith from a practitioner licensed to prescribe or dispense.

(7) Exemption from registration requirements does not relieve persons from compliance with other requirements or duties prescribed by law.

(8) For purposes of registration, the term retailer shall not include a person who sells external application drugs or devices as an independent direct seller of the drugs or devices, unless the person’s primary business is the sale of drugs or devices, or the person sells controlled substances, nonproprietary drugs, or devices required to be prescribed by a physician. For purposes of this section, the term independent direct seller means a person engaged in a trade or business who in the course of trade or business sells consumer products to a buyer not for resale—by the buyer or another person—and who does not sell from a permanently located retail business establishment, but who usually sells in the purchaser’s home.

The provisions of this § 25.114 amended April 27, 1984, effective April 28, 1984, 14 Pa.B. 1451. Immediately preceding text appears at serial page (59705).

Notation

Authority

The provisions of this § 25.114 issued under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)); and sections 6 and 35 of the Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § § 780-106 and 780-135).

Cross References

This section cited in 28 Pa. Code § 25.113 (relating to requirements for registration).