Page:United States Statutes at Large Volume 79.djvu/275

 79 STAT. ]

PUBLIC LAW 89-74-JULY 15, 1965

235

thereof "clause (A), (B), or (C) ", and (4) by adding at the end thereof the following: "(2) The term 'counterfeit drug' means a drug which, or the con- ^ "Counterfeit tainer or labeling of which, without authorization, bears the trade- ''^^' mark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed such drug and which thereby falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor." (c) Paragraph (i) of section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(c)) is amended by inserting " (1) " 52 Stat. io42. immediately after " (i) " and by adding at the end thereof the following new subparagraphs: " (2) Making, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit drug. "(3) The doing of any act which causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug." (d) Section 303 of such Act (21 U.S.C. 333(c)) is amended by inserting immediately before the period at the end thereof the following: "; or (5) for having violated section 301(i)(2) if such person acted in good faith and had no reason to believe that use of the punch, die, plate, stone, or other thing involved would result in a drug being a counterfeit drug, or for having violated section 301(i)(3) if the person doing the act or causing it to be done acted in good faith and had no reason to believe that the drug was a counterfeit dnig". APPLICATION OF STATE LAW

SEC. 10. (a) Nothing in this Act shall be construed as authorizing the manufacture, compounding, processing, possession, sale, deliveiy, or other disposal of any drug in any State m contravention of the laws of such State. (b) No provision of this Act nor any amendment made by it shall be construed as indicating an intent on the part of the Congress to occupy the field in which such provision or amendment operates to the exclusion of any State law on the same subject matter, unless there is a direct and positive conflict between such provision or amendment and such State law so that the two cannot be reconciled or consistently stand together. (c) No amendment made by this Act shall be construed to prevent the enforcement in the courts of any State of any statute of such State prescribing any criminal penalty for any act made criminal by any such amendment. EFFECTIVE DATE

SEC. 11. The foregoing provisions of this Act shall take effect on the first day of the seventh calendar month following the month in which this Act is enacted; except that (1) the Secretary shall permit persons, owning or openiting any establishment engaged in manufacturijig, preparing, propagating, compounding, processing, whole-

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