§ 360.
(g)
Exclusions from application of section
The foregoing subsections of this section shall not apply to—
(1)
pharmacies which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and which are regularly engaged in dispensing prescription drugs or devices, upon prescriptions of practitioners licensed to administer such drugs or devices to patients under the care of such practitioners in the course of their professional practice, and which do not manufacture, prepare, propagate, compound, or process drugs or devices for sale other than in the regular course of their business of dispensing or selling drugs or devices at retail;
(2)
practitioners licensed by law to prescribe or administer drugs or devices and who manufacture, prepare, propagate, compound, or process drugs or devices solely for use in the course of their professional practice;
(3)
persons who manufacture, prepare, propagate, compound, or process drugs or devices solely for use in research, teaching, or chemical analysis and not for sale;
(4)
any distributor who acts as a wholesale distributor of devices, and who does not manufacture, repackage, process, or relabel a device; or
(5)
such other classes of persons as the Secretary may by regulation exempt from the application of this section upon a finding that registration by such classes of persons in accordance with this section is not necessary for the protection of the public health.
In this subsection, the term “wholesale distributor” means any person (other than the manufacturer or the initial importer) who distributes a device from the original place of manufacture to the person who makes the final delivery or sale of the device to the ultimate consumer or user.
([June 25, 1938, ch. 675, § 510], as added [Pub. L. 87–781, title III, § 302], Oct. 10, 1962, [76 Stat. 794]; amended [Pub. L. 89–74, § 4], July 15, 1965, [79 Stat. 231]; [Pub. L. 91–513, title II, § 701(e)], Oct. 27, 1970, [84 Stat. 1282]; [Pub. L. 92–387], §§ 3, 4(a)–(c), Aug. 16, 1972, [86 Stat. 560–562]; [Pub. L. 94–295, § 4(a)], May 28, 1976, [90 Stat. 579]; [Pub. L. 105–115, title I, § 125(a)(2)(C)], title II, §§ 206(a), 209(a), 213(b), title IV, § 417, Nov. 21, 1997, [111 Stat. 2325], 2338, 2341, 2347, 2379; [Pub. L. 107–188, title III, § 321(a)], June 12, 2002, [116 Stat. 675]; [Pub. L. 107–250, title II], §§ 201(e), 207, 211, title III, § 302(b), Oct. 26, 2002, [116 Stat. 1609], 1613, 1614, 1616; [Pub. L. 108–214, § 2(c)(2)], Apr. 1, 2004, [118 Stat. 576]; [Pub. L. 110–85, title II], §§ 222–224, title VIII, § 801(b)(3)(C), Sept. 27, 2007, [121 Stat. 853], 921; [Pub. L. 112–144, title VI, § 604], title VII, §§ 701, 702(b)–705, July 9, 2012, [126 Stat. 1052], 1064–1066; [Pub. L. 114–255, div. A, title III], §§ 3054, 3059(a), 3101(a)(2)(H), Dec. 13, 2016, [130 Stat. 1126], 1130, 1154; [Pub. L. 115–52, title VII, § 701(a)], title IX, § 901(e), Aug. 18, 2017, [131 Stat. 1054], 1076; [Pub. L. 116–136, div. A, title III, § 3112(e)], Mar. 27, 2020, [134 Stat. 363]; [Pub. L. 117–328, div. FF, title II], §§ 2511(a), 2515(a)(3), title III, §§ 3308(b)(1), 3613(a), 3616(c), Dec. 29, 2022, [136 Stat. 5803], 5806, 5836, 5872, 5875.)