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HomeBusiness and Professions CodeDiv. 2Ch. 9Art. 11§ 4166 Wholesaler Liability For Drug Shipments

§ 4166 Wholesaler Liability For Drug Shipments

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4166 Wholesaler Liability For Drug Shipments

Key Takeaways

  • •If a company sends dangerous drugs or medical devices using a delivery service (like FedEx or USPS), they are responsible for making sure those items stay safe until they reach the right place.
  • •The delivery helper (like a logistics company) must have rules in place to check two things: 1) The delivery service promises to keep the items safe, and 2) The person getting the items is allowed to have them.
  • •Once the dangerous drugs or devices are delivered to the right person, the sender and delivery helpers are no longer responsible for what happens to them.

Example

A pharmacy sends insulin (a dangerous drug) to a hospital using USPS.

The pharmacy must make sure the insulin stays safe until it gets to the hospital. The delivery helper (like a logistics company) must check that USPS promises to handle it safely and that the hospital is allowed to receive insulin. If the insulin gets lost or ruined before delivery, the pharmacy and delivery helper are responsible.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4166 Wholesaler Liability For Drug Shipments

(a) A wholesaler that uses the services of a third-party logistics provider or carrier, including, but not limited to, the United States Postal Service or a common carrier, shall be liable for the security and integrity of any dangerous drugs or dangerous devices through that provider or carrier until the drugs or devices are delivered to the transferee at its board-licensed premises. (b) A third-party logistics provider that uses the services of a carrier, including, but not limited to, the United States Postal Service or a common carrier, shall have in place and comply with written policies and procedures that provide for both of the following: (1) Verification that the third-party logistics provider, or the owner of the dangerous drugs or dangerous devices stored at the third-party logistics provider, has imposed obligations on the carrier that provide for the security and integrity of any dangerous drugs or dangerous devices transported by the carrier until the drugs or devices are delivered to the transferee at its premises. (2) Confirmation, prior to shipping a dangerous drug or dangerous device, that the intended recipient is legally authorized to receive the dangerous drug or dangerous device. (c) Nothing in this section is intended to affect the liability of a wholesaler, third-party logistics provider, or other distributor for dangerous drugs or dangerous devices after their delivery to the transferee. (Amended by Stats. 2014, Ch. 507, Sec. 24. (AB 2605) Effective January 1, 2015.)

Last verified: January 22, 2026

Key Terms

liabilitymedicaldangerportobligationlicenseunited states postalsecurity

Related Statutes

  • § 4120 Nonresident Pharmacy Drug Sales
  • § 4162.5 Nonresident Wholesaler Bond Requirements
  • § 4165 Dangerous Drug Transfer Records
  • § 4169 Dangerous Drugs Wholesale Prohibited
  • § 4040 Prescription Order Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 4166.
View Official Source