Maine Revised Statutes Title 32 Sec. 13800-A – Liability for product of another; exemption
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A manufacturer or wholesaler licensed under section 13758 is not liable for injuries alleged to have been caused by the failure to include adequate safety warnings on a product’s label or by a defect in the product’s design if: [PL 2017, c. 434, §5 (NEW).]
1. Access to distributed drugs. The manufacturer or wholesaler has made the product distributed in this State available to an eligible product developer in accordance with section 13800; and
[PL 2017, c. 434, §5 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 13800-A
- Eligible product developer: means a person that seeks to develop an application for the approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351. See Maine Revised Statutes Title 32 Sec. 13702-A
- Manufacturer: means a person engaged in the manufacture of prescription drugs. See Maine Revised Statutes Title 32 Sec. 13702-A
- Wholesaler: means a person who buys prescription drugs for resale and distribution to persons other than consumers. See Maine Revised Statutes Title 32 Sec. 13702-A
2. Manufactured or sold by another. The product was not manufactured or sold by that manufacturer or wholesaler.
[PL 2017, c. 434, §5 (NEW).]
SECTION HISTORY
PL 2017, c. 434, §5 (NEW).