Rule 480-16-.04 - Damaged Pharmaceuticals and Other Items(1) Any drugs, poisons, narcotics, family remedies, grocers' drugs, flavoring extracts, essences, toilet articles, stock powders, veterinary supplies, proprietary preparations and any and all other and similar items intended for internal or external use of humans or animals which have been subjected to heat and/or water resulting from fire and/or water damage to a building or storage area in which said items were stored or retained is prohibited from being introduced into the stream of retail commerce without first causing an inspection of said items to determine their suitability for use as intended. (a) Certain of the above classes of items when subjected to heat and/or water as a result of fire and/or water damage to a building or storage area in which said items are stored or retained are chemically altered or otherwise contaminated and therefore rendered unsafe and unfit for use of man or animal as intended.(b) If certain of the above classes of items or units thereof are entered into the stream of retail commerce and sold for the internal or external use of humans or animals following their having been subjected to heat and/or water as a result of fire and/or water damage as aforesaid without first being inspected to determine their suitability for use as intended, they shall be considered adulterated or misbranded and will be subject to confiscation. Those persons placing them into the stream of retail commerce shall be subject to penalties and/or reprimands by the Board.(2) Within three (3) days following any damage by fire and/or water to a building or storage area in which any of the above said items are stored or retained, written notice shall be forwarded to the Director of the Georgia Drugs and Narcotics Agency (GDNA) at his office, by the person or his agent with custody or control of the said items informing the Director of the GDNA of the circumstances and requesting an immediate inspection of said items.(3) Within three (3) days from his receipt of such written notice the Director of the GDNA shall cause an inspection to be made of said items for the purpose of determining their suitability for use as intended and within a reasonable time after the completion of said inspection, the Director of the GDNA shall forward to the person from whom he received such notice a report of the result of said inspection and an authorization to release said items for retail sale if the facts so indicate.(4) The office of the Director of the GDNA is charged with the enforcement of the provisions of this regulation.Ga. Comp. R. & Regs. R. 480-16-.04
O.G.C.A. Secs. 26-3-3, 26-3-16, 26-4-27, 26-4-28.
Original Rule entitled "Damaged Pharmaceuticals and Other Items" adopted. F. Feb. 20, 2002; eff. Mar. 12, 2002.