Title 4 Arizona Administrative Code 4 A.A.C. 23
CHAPTER 23. BOARD OF PHARMACY
March 31, 2020 Supp. 20-1 Page 43
i. If examination, testing, or other investigation
proves that the narcotic or other controlled sub-
stance, prescription-only drug or device, non-
prescription drug, precursor chemical, or
regulated chemical meets appropriate standards
of safety, identity, strength, quality, and purity,
it does not have to be destroyed or returned to
the manufacturer or wholesale distributor.
ii. In determining whether the conditions under
which a narcotic or other controlled substance,
prescription-only drug or device, nonprescrip-
tion drug, precursor chemical, or regulated
chemical has been returned cast doubt on the
safety, identity, strength, quality, or purity of
the narcotic or other controlled substance, pre-
scription-only drug or device, nonprescription
drug, precursor chemical, or regulated chemi-
cal, the full-service drug wholesale permittee
shall consider, among other things, the condi-
tions under which the narcotic or other con-
trolled substance, prescription-only drug or
device, nonprescription drug, precursor chemi-
cal, or regulated chemical has been held,
stored, or shipped before or during its return
and the condition of the narcotic or other con-
trolled substance, prescription-only drug or
device, nonprescription drug, precursor chemi-
cal, or regulated chemical and the condition of
its container, carton, or product labeling as a
result of storage or shipping.
e. For any narcotic or other controlled substance, pre-
scription-only drug or device, nonprescription drug,
precursor chemical, or regulated chemical identified
under subsections (I)(1)(a) or (b), the full-service
drug wholesale permittee shall ensure that the identi-
fied item or items and other evidence of criminal
activity, and accompanying documentation is
retained and not destroyed until its disposition is
authorized by the Board and the FDA.
2. A nonprescription drug wholesale permittee shall ensure
that the return of any nonprescription drug, precursor
chemical, or regulated chemical meets the following cri-
teria.
a. Any nonprescription drug, precursor chemical, or
regulated chemical that is outdated, damaged, deteri-
orated, adulterated, misbranded, counterfeited, or
contraband or suspected of being adulterated, mis-
branded, counterfeited, or contraband, or otherwise
deemed unfit for human or animal consumption
shall be quarantined and physically separated from
other nonprescription drugs, precursor chemicals, or
regulated chemicals until the nonprescription drug,
precursor chemical, or regulated chemical is
destroyed or returned to the manufacturer or whole-
sale distributor from which it was acquired as autho-
rized by the Board and the FDA.
b. Any nonprescription drug, precursor chemical, or
regulated chemical whose immediate or sealed outer
or secondary containers or product labeling are mis-
branded, counterfeited, or contraband or suspected
of being misbranded, counterfeited, or contraband
shall be quarantined and physically separated from
other nonprescription drugs, precursor chemicals, or
regulated chemicals until the nonprescription drug,
precursor chemical, or regulated chemical is
destroyed or returned to the manufacturer or whole-
sale distributor from which it was acquired as autho-
rized by the Board and the FDA. When the
immediate or sealed outer or secondary containers or
product labeling are determined to be misbranded,
counterfeited, or contraband or suspected of being
misbranded, counterfeited, or contraband, the non-
prescription drug wholesale permittee shall provide
notice of the misbranding, counterfeiting, or contra-
banding or suspected misbranding, counterfeiting, or
contrabanding within three business days of the
determination to the Board, FDA, and manufacturer
or wholesale distributor from which the nonprescrip-
tion drug, precursor chemical, or regulated chemical
was acquired.
c. Any nonprescription drug, precursor chemical, or
regulated chemical that has been opened or used, but
is not adulterated, misbranded, counterfeited, or
contraband or suspected of being misbranded, coun-
terfeited, or contraband, shall be identified as
opened or used, or both, and quarantined and physi-
cally separated from other nonprescription drugs,
precursor chemicals, or regulated chemicals until the
nonprescription drug, precursor chemical, or regu-
lated chemical is destroyed or returned to the manu-
facturer or wholesale distributor from which it was
acquired as authorized by the Board and the FDA.
d. If the conditions under which a nonprescription
drug, precursor chemical, or regulated chemical has
been returned cast doubt on the safety, identity,
strength, quality, or purity of the nonprescription
drug, precursor chemical, or regulated chemical, the
nonprescription drug, precursor chemical, or regu-
lated chemical shall be quarantined and physically
separated from other nonprescription drugs, precur-
sor chemicals, or regulated chemicals until the non-
prescription drug, precursor chemical, or regulated
chemical is destroyed or returned to the manufac-
turer or wholesale distributor from which it was
acquired as authorized by the Board and the FDA,
except as provided in subsection (I)(2)(d)(i).
i. If examination, testing, or other investigation
proves that the nonprescription drug, precursor
chemical, or regulated chemical meets appro-
priate standards of safety, identity, strength,
quality, and purity, the nonprescription drug,
precursor chemical, or regulated chemical does
not need to be destroyed or returned to the man-
ufacturer or wholesale distributor.
ii. In determining whether the conditions under
which a nonprescription drug, precursor chemi-
cal, or regulated chemical has been returned
cast doubt on the safety, identity, strength, qual-
ity, or purity of the nonprescription drug, pre-
cursor chemical, or regulated chemical, the
nonprescription drug wholesale permittee shall
consider, among other things, the conditions
under which the nonprescription drug, precur-
sor chemical, or regulated chemical has been
held, stored, or shipped before or during its
return and the condition of the nonprescription
drug, precursor chemical, or regulated chemical
and the condition of its container, carton, or
product labeling as a result of storage or ship-
ping.
e. For any nonprescription drug, precursor chemical, or
regulated chemical identified under subsections