2017 ORS 689.505¹
Labeling requirements
  • rules

(1)(a) Except as specifically provided by law, no person shall 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)(a) No manufacturer or wholesaler subject to ORS 689.305 (Registration of drug outlets) shall 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 which 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 which 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 shall 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 State Board of Pharmacy, an expiration date after which the patient should not use the drug.

(6) If the prescribing practitioner so directs, the prescription label shall not state the name and quantity per unit of the drug.

(7) The State Board of Pharmacy shall determine those drugs which 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) No person shall 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]

Chapter 689

Notes of Decisions

Board of Pharmacy had authority to adopt rule making drug ephedrine available by prescrip­tion only. Northwest Connec­tion v. Board of Pharmacy, 108 Or App 320, 814 P2d 191 (1991)

Atty. Gen. Opinions

Authority of board to require retail price list of prescrip­tion drugs, (1975) Vol 37, p 345; hospital policy requiring pharmacy depart­ment to substitute therapeutically equivalent but not generically identical drugs, (1979) Vol 40, p 145; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 689—Pharmacists; Drug Outlets; Drug Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors689.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 689, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano689.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.