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ENGROSSED
HOUSE BILL 1415
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/27/93. Referred to Committee on Health Care.
Modifying the imprinting law for over-the-counter medications in solid
dosage form.
AN ACT Relating to over-the-counter medication;
amending RCW 69.60.030, 69.60.070, and 69.60.090; and declaring an emergency.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 69.60.030 and 1989 c 247 s 2 are each amended to read as follows:
(1) No over-the-counter medication in solid
dosage form may be manufactured or commercially distributed within this state
unless it has clearly marked or imprinted on it an individual symbol, number,
company name, words, letters, marking, or national drug code number identifying
the medication and the manufacturer or distributor of the medication:
PROVIDED, HOWEVER, That an over-the-counter medication which has clearly marked
or imprinted on it a distinctive logo, symbol, product name, letters, or other
identifying mark, or which by its color, shape, or size together with a
distinctive logo, symbol, product name, letters, or other mark is identifiable,
shall be deemed in compliance with the provisions of this chapter.
(2) No manufacturer may sell any
over-the-counter medication in solid dosage form contained within a
bottle, vial, carton, or other container, or in any way affixed or appended to
or enclosed within a package of any kind designed or intended for delivery in
such container or package to an ultimate consumer within this state unless such
container or package has clearly and permanently marked or imprinted on it an
individual symbol, number, company name, words, letters, marking, or national
drug code number identifying the medication and the manufacturer, packer, or
distributor of the medication.
Sec. 2.
RCW 69.60.070 and 1989 c 247 s 7 are each amended to read as follows:
All over-the-counter medications manufactured
in, received by, distributed to, or shipped to any retailer or wholesaler in
this state after January 1, ((1993)) 1994, shall meet the
requirements of this chapter. No over-the-counter medication may be sold to a
consumer in this state after January 1, ((1994)) 1995, unless
such over-the-counter medication complies with the imprinting requirements of
this chapter.
Sec. 3.
RCW 69.60.090 and 1989 c 247 s 9 are each amended to read as follows:
Before January 1, ((1993)) 1994,
the board of pharmacy will consult with the state toxicologist to determine
whether the federal government has established a legally enforceable system
that is substantially equivalent to the requirements of this chapter((,
which)) that govern((s)) the imprinting of solid dosage form
over-the-counter medication. To be substantially equivalent, the effective
dates for implementation of the federal system for imprinting solid dosage
form over-the-counter medication must be the same or earlier than the dates
of implementation set out in the state system for imprinting solid dosage
form over-the-counter medication. If the board determines that the federal
system for imprinting solid dosage form over-the-counter medication is
substantially equivalent to the state system for imprinting solid dosage
form over-the-counter medication, this chapter will cease to exist on
January 1, ((1993)) 1994. If the board determines that the
federal system is substantially equivalent, except that the federal dates for
implementation are later than the Washington state dates, this chapter will
cease to exist when the federal system is implemented.
NEW SECTION. Sec. 4. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 5.
This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
