Ohio Admin. Code 4729-12-10 - [Rescinded] Criteria to be considered in denying a petition for exemption or removing a drug product exemption

(A) The board shall consider the following factors in determining whether a particular over-the-counter (OTC) drug product containing the schedule V controlled substance ephedrine is manufactured and distributed for legitimate use in a manner consistent with the pertinent OTC tentative or final monograph issued by the federal food and drug administration and in a manner that reduces the likelihood of inappropriate use and/or abuse:

(1) The package size and the manner of packaging;

(2) Distribution, advertising, and promotion of the product;

(3) Labeling and the name of the product;

(4) The potential, duration, scope, and significance of inappropriate use and/or abuse;

(5) Other facts as may be relevant to and consistent with the public health and safety.

(B) The board shall remove a drug product exception for a particular drug product if it determines that the drug product is not manufactured and distributed for legitimate use and in a manner that reduces the likelihood of abuse.

Notes

Ohio Admin. Code 4729-12-10

Effective: 8/1/2019
Five Year Review (FYR) Dates: 3/27/2019
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26
Rule Amplifies: 3719.44
Prior Effective Dates: 03/13/1995, 05/24/2015