ORS 689.505
Labeling requirements

  • rules

(1)

Intentionally left blank —Ed.

(a)

Except as specifically provided by law and in compliance with ORS 689.564 (Language requirements for prescription drug labels), a person may not distribute or dispense any drug without affixing to the authorized container a clear and legible label, either printed or written, bearing the name of the drug and the name and place of business of the person distributing or dispensing the drug, and any other information required by state law or rules or federal law or regulations under whose supervision the drug is delivered or dispensed.

(b)

Labeling requirements regarding any drug may be changed or exemption therefrom granted by the State Board of Pharmacy in the form of a special permit if the board determines that a change or exemption is in the best interest of public health and safety.

(2)

Intentionally left blank —Ed.

(a)

A manufacturer or wholesaler subject to ORS 689.305 (Registration of drug outlets) may not sell or otherwise distribute, or offer to sell or otherwise distribute, any drug for use in a:

(A)

Parcel, package or container not bearing a label specifying the name, active ingredients or contents, quality and quantity of the drug.

(B)

Misbranded parcel, package or container.

(b)

A parcel, package or container is misbranded:

(A)

If its labeling is false or misleading in any particular.

(B)

Unless it bears a label containing the name and business address of the manufacturer, packer, distributor or wholesaler, and an accurate statement of the quantity of the drug in terms of weight, measure or numerical count, exclusive of wrappers, cartons, containers or other materials packed with such drug.

(C)

In case it contains controlled substances that the board finds and by rule designates after reasonable notice and opportunity for hearing to be habit forming, unless it bears the statement “Warning--May Be Habit Forming.”

(D)

Unless it bears a label with adequate directions for the safe use of the drug for specified conditions, and adequate warning against use in those pathological conditions or by children where such use may be dangerous to the health or welfare of a user.

(E)

Unless it bears a label with true representations of the intended uses of the drug and no false claims or representations are made of the drug in accompanying literature or advertising.

(3)

This section does not apply to parcels, packages or containers containing:

(a)

Drugs prepared and packaged solely for use by a pharmacist in compounding prescriptions or for dispensing in dosage unit form upon a prescription, except that such parcels, packages or containers must bear the name and business address of the manufacturer and, if different, the name and business address of the distributor of the drug, and the legend “Caution: Federal Law Prohibits Dispensing Without Prescription” or an equivalent legend.

(b)

Drugs intended solely for use in the professional diagnosis of disease, except that such parcels, packages or containers shall bear the statement “Diagnostic Reagent--For Professional Use Only.”

(c)

Coloring agents, emulsifiers, excipients, flavorings, lubricants, preservatives and other like inactive ingredients used in the manufacture of drugs.

(4)

The board shall by rule exempt from any labeling or packaging requirement of this section drugs that are, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed. However, such drugs must not be adulterated or misbranded upon removal from such processing, labeling or repacking establishment.

(5)

A pharmacist or pharmacy intern may not dispense, on the prescription of a practitioner, any drug without affixing to the container thereof a clear and legible label. The label may be printed or written. Except as provided in subsection (6) of this section, the pharmacist or pharmacy intern shall state or cause to be stated on the label the following:

(a)

The name of the drug. If the dispensed drug does not have a brand name, the prescription label shall indicate the generic name of the drug dispensed along with the name of the drug distributor or manufacturer, its quantity per unit and the directions for its use stated in the prescription. However, if the drug is a compound, the quantity per unit need not be stated.

(b)

The name of the practitioner prescribing the drug.

(c)

The name and place of business of the pharmacist or the name and place of business of the pharmacy for which the pharmacist or pharmacy intern is acting.

(d)

The name of the patient, unless the drug is prescribed to a partner of a patient as defined in ORS 676.350 (Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy) in accordance with rules adopted under ORS 676.350 (Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy) authorizing the practice of expedited partner therapy.

(e)

When applicable and as determined by the board, an expiration date after which the patient should not use the drug.

(6)

If the prescribing practitioner so directs, the prescription label may not state the name and quantity per unit of the drug.

(7)

The board shall determine those drugs that must bear an expiration date under subsection (5)(e) of this section.

(8)

As used in this section, “compound” means a drug containing two or more medically active ingredients.

(9)

A person may not deliver or dispense any drug for use by the ultimate consumer without labeling the drug container as required in this section.

(10)

In addition to the labeling requirements imposed by subsections (1) to (9) of this section, the board may impose by rule requirements for drug code imprints on solid dose legend drugs. [1979 c.777 §34a; 1993 c.571 §13; 2009 c.522 §2; 2019 c.465 §3]

Source: Section 689.505 — Labeling requirements; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors689.­html.

689.005
Definitions
689.025
Policy
689.035
Short title
689.045
Severability
689.115
Membership
689.135
General powers of board
689.139
State Board of Pharmacy Account
689.145
Enforcement powers of board
689.151
Board control over licensing, standards and discipline
689.153
Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate
689.155
Authority of board over medications, drugs, devices and other materials
689.165
Officers
689.175
Compensation of board members and executive director
689.185
Meetings
689.195
Employees
689.205
Rules
689.207
Authority of board to require fingerprints
689.225
License requirement
689.255
Qualifications for licensure by examination
689.265
Qualifications for licensure by reciprocity
689.275
Renewal of licenses
689.285
Continuing education
689.295
Practice of clinical pharmacy
689.305
Registration of drug outlets
689.315
Application
689.325
Required reports
689.335
Certificate required
689.405
Grounds for discipline
689.445
Penalties and reinstatement
689.455
Duty to report suspected violations and prohibited conduct
689.486
When license required
689.490
Board to establish licensing system
689.495
Provision of licensing information
689.497
Report required upon termination of pharmacy technician
689.499
Pharmacy technician specialized education program
689.503
Licensing of pharmaceutical representatives
689.505
Labeling requirements
689.508
Prescription records
689.515
Regulation of generic drugs
689.522
Substitution of biological products for prescribed biological products
689.524
Approval of coverage for biological product
689.525
Out-of-state prescriptions
689.527
Prohibited practices
689.532
Complimentary samples
689.555
Agricultural drugs and certain other substances
689.557
Disposal of marijuana item left at retail drug outlet
689.561
Prescription readers
689.564
Language requirements for prescription drug labels
689.605
Power to dispense drugs from hospital pharmacies, drug rooms and penal institutions
689.615
Display of certificate or license
689.635
Dispensing according to naturopathic formulary
689.645
Vaccines, patient care services, drugs and devices
689.649
Public Health and Pharmacy Formulary Advisory Committee
689.655
Power to administer drugs and devices
689.661
Power to perform tests and examinations related to federally cleared analytes
689.681
Opiate overdose
689.682
Prescription of naloxone
689.684
Administration of naloxone by certain persons
689.686
Notice of availability of naloxone
689.689
Prescription and administration or dispensation of certain contraceptives
689.692
Dispensation of prescription drug containing cannabinoids
689.696
Prescription and dispensation of emergency refills of insulin
689.700
Telepharmacy
689.704
Preexposure and post-exposure antiretroviral therapies
689.770
Definitions for ORS 689.770 to 689.780
689.772
Establishment of program
689.774
Rules
689.776
Inspection
689.778
Eligibility
689.780
Immunity
689.832
Civil penalties
689.854
Civil penalty for violation of ORS 689.515
689.995
Criminal penalties
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