City of Cleveland Codified Ordinances, Chapter #645
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PART SIX — OFFENSES AND BUSINESS ACTIVITIES CODE

Title III — Consumer Protection

Chapter 645 — Prescription Drug Prices

Complete to December 31, 2007

CROSS REFERENCES

Adulterated or misbranded drugs or cosmetics, CO 241.24

Unconscionable trade practices defined, CO 641.12

Penalty, CO 643.99

Regulations for unit pricing, CO Ch 647

645.01     Definitions

As used in this chapter:

(a) "Current selling prices" means the price to be paid by the retail purchaser to the pharmacy for a prescription drug.

(b) "Prescription drugs" means any drug which may be dispensed only with a physician's prescription.

(c) "Pharmacy" means any retail outlet selling prescription drugs within the City of Cleveland.
(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.02     Display of Prescription Drug Prices

Every pharmacy must post at each counter over which prescription drugs are sold, a list conspicuously displaying the current selling price of the drugs by their common generic and brand names designated on a form prescribed for that purpose by the Office of Consumer Affairs.
(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.03     Regulations and Exemptions

The Director of Consumer Affairs shall promulgate regulations, pursuant to Section 643.06, designating those prescription drugs which because of the frequency with which they are prescribed, shall be posted pursuant to Section 645.02. The Director may exempt from such regulation such drugs whenever he finds that, because of the nature of such prescription drugs, compliance with Section 645.02 is unreasonably burdensome and unnecessary for adequate protection of consumers. The Director shall promulgate such other regulations as shall be necessary to effectuate the purposes of this chapter, including but not limited to, requirements as to the manner of display of prescription drug prices and other information related to prescription drugs.
(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.04     Failure to Post Prices; Enforcement

Failure to post prices, as required in Section 645.02, constitutes an unconscionable trade practice under the provisions of Section 641.12, and is otherwise subject to all the legal remedies and penalties available to the Director, who is hereby authorized to enforce the provisions of this chapter.
(Ord. No. 709-74. Passed 7-29-74, eff. 8-1-74)

645.99     Penalty

(a) Whoever violates any provisions of this Chapter shall be subject to the penalties provided In Section 643.99.

(b) In addition to the penalties above, any person aggrieved by any violation of this Chapter may pursue remedies authorized by Section 643.11 of this Code.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

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