4160.  (a) No person shall act as a wholesaler of any dangerous drug
or dangerous device unless he or she has obtained a license from the
board.  Upon approval by the board and the payment of the required
fee, the board shall issue a license to the applicant.
   (b) No selling or distribution outlet, located in this state, of
any out-of-state manufacturer, that has not obtained a license from
the board, that sells or distributes only the dangerous drugs or the
dangerous devices of that manufacturer, shall sell or distribute any
dangerous drug or dangerous device in this state without obtaining a
wholesaler's license from the board.
   (c) A separate license shall be required for each place of
business owned or operated by a wholesaler.  Each license shall be
renewed annually and shall not be transferable.
   (d) The board shall not issue or renew a wholesaler license until
the wholesaler designates an exemptee-in-charge and notifies the
board in writing of the identity and license number of that exemptee.
  The exemptee-in-charge shall be responsible for the wholesaler's
compliance with state and federal laws governing wholesalers.  Each
wholesaler shall designate, and notify the board of, a new
exemptee-in-charge within 30 days of the date that the prior
exemptee-in-charge ceases to be exemptee-in-charge.  A pharmacist may
be designated as the exemptee-in-charge.
   (e) For purposes of this section, "exemptee-in-charge" means a
person granted a certificate of exemption pursuant to Section 4053,
or a registered pharmacist, who is the supervisor or manager of the
facility.



4161.  (a) No person shall act as an out-of-state manufacturer or
wholesaler of dangerous drugs or dangerous devices doing business in
this state who has not obtained an out-of-state dangerous drug or
dangerous device distributor's license from the board.  Persons not
located in this state selling or distributing dangerous drugs or
dangerous devices in this state only through a licensed wholesaler
are not required to be licensed as an out-of-state manufacturer or
wholesaler or have an out-of-state dangerous drug or dangerous device
distributor's license.
   (b) Applications for an out-of-state dangerous drug or dangerous
device distributor's license shall be made on a form furnished by the
board.  The board may require any information as the board deems is
reasonably necessary to carry out the purposes of the section.  The
license shall be renewed annually.
   (c) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to change or affect the tax liability
imposed by Chapter 3 (commencing with Section 23501) of Part 11 of
Division 2 of the Revenue and Taxation Code on any out-of-state
manufacturer or wholesaler.
   (d) The Legislature, by enacting this section, does not intend a
license issued to any out-of-state manufacturer or wholesaler
pursuant to this section to serve as any evidence that the
out-of-state manufacturer or wholesaler is doing business within this
state.


4162.  (a) No person acting as principal or agent for any
out-of-state manufacturer, wholesaler, or pharmacy who has not
obtained a license from the board, and who sells or distributes
dangerous drugs or dangerous devices in this state that are not
obtained through a wholesaler who has obtained a license, pursuant to
this chapter, or that are not obtained through a selling or
distribution outlet of an out-of-state manufacturer that is licensed
as a wholesaler, pursuant to this chapter, shall conduct the business
of selling or distributing dangerous drugs or dangerous devices
within this state without registering with the board.
   (b) Registration of persons under this section shall be made on a
form furnished by the board.  The board may require any information
as the board deems reasonably necessary to carry out the purposes of
this section, including, but not limited to, the name and address of
the registrant and the name and address of the manufacturer whose
dangerous drugs or dangerous devices he or she is selling or
distributing.
   (c) The board may deny, revoke, or suspend the person's
registration for any violation of this chapter or for any violation
of Part 5 (commencing with Section 109875) of Division 104 of the
Health and Safety Code.  The board may deny, revoke, or suspend the
person's registration if the manufacturer, whose dangerous drugs or
dangerous devices he or she is selling or distributing, violates any
provision of this chapter or any provision of Part 5 (commencing with
Section 109875) of Division 104 of the Health and Safety Code.  The
registration shall be renewed annually.



4163.  No manufacturer or wholesaler shall furnish any dangerous
drugs or dangerous devices to any unauthorized persons.



4164.  All wholesalers licensed by the board and all manufacturers
who distribute controlled substances, dangerous drugs, or dangerous
devices within or into this state shall report to the board all sales
of dangerous drugs and controlled substances that are subject to
abuse, as determined by the board.



4165.  (a) Any manufacturer who sells or transfers any dangerous
drug or dangerous device into this state or who receives, by sale or
otherwise, any dangerous drug or dangerous device from any person in
this state shall, on request, furnish an authorized officer of the
law with all records or other documentation of that sale or transfer.

   (b) Any manufacturer who fails within a reasonable time, or
refuses, to comply with subdivision (a), shall be subject to citation
and a fine, an order of abatement, or both, pursuant to Section
125.9 and any regulations adopted by the board, in addition to any
other remedy provided by law.


4166.  (a) Any wholesaler or other distributor that uses the
services of any carrier, including, but not limited to, the United
States Postal Service or any common carrier, shall be liable for the
security and integrity of any dangerous drugs or dangerous devices
through that carrier until the drugs or devices are delivered to the
transferee at its board-licensed premises.
   (b) Nothing in this section is intended to affect the liability of
a wholesaler or other distributor for dangerous drugs or dangerous
devices after their delivery to the transferee.




4167.  A wholesaler shall not obtain, by purchase or otherwise, any
dangerous drugs or dangerous devices that it cannot maintain, in a
secure manner, on the premises licensed by the board.