The new Federal Food, Drug and Cosmetic Act, which became fully effective on July 1, 1940, is an expression of the authority conferred on Congress in the interstate commerce clause of the Constitution. All drugs that move in interstate commerce, including exports and imports, or are manufactured or sold in the District of Columbia or any of the territories, are within the jurisdiction of the act and are subject to its provisions. In many instances drugs dispensed by physicians or on a physician's direction are within the scope of the law. Even though the actual prescription of a drug may be a purely local transaction, the drug prescribed is subject to the federal law when it moves across a state line or is held for sale after such movement or is sold in the District of Columbia or a territory. However, Congress has provided certain exemptions for drugs in this
KLUMPP TG. THE FEDERAL FOOD, DRUG AND COSMETIC ACT: AS IT APPLIES TO DRUGS DISPENSED BY PHYSICIANS OR ON PHYSICIANS' PRESCRIPTIONS. JAMA. 1941;116(9):830–831. doi:10.1001/jama.1941.62820090004008
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