Section 338.3127. Exclusions for nonnarcotic substances which are not scheduled.

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(1) A nonnarcotic substance which, under the federal food, drug, and cosmetic act of 1938, 21 U.S.C. §301 et seq., may be lawfully dispensed without a prescription is excluded from all schedules pursuant to the provisions of section 7208(2) of the act. A substance which contains 1 or more controlled substances in such a proportion or concentration to vitiate the potential for abuse is an excluded substance.

(2) An excluded substance is a deleterious drug as defined in section 7104(6) of the act and may only be manufactured, distributed, or dispensed by a person who is licensed to manufacture, distribute, or dispense a controlled substance under the act.

History: 1979 AC; 1992 AACS; 2002 AACS.

                    
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