Utah Code 58-16a-904. Certification of availability of contact lenses — Exceptions
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(1) Beginning July 1, 2006, a manufacturer of contact lenses doing business in the state shall certify by affidavit to the Attorney General those brands of contact lenses produced, marketed, distributed, or sold by the manufacturer in the state that are made available in a commercially reasonable and nondiscriminatory manner to:
Terms Used In Utah Code 58-16a-904
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alternative channels of distribution: means any mail order company, Internet retailer, pharmacy, buying club, department store, or mass merchandise outlet, without regard to whether it is associated with a prescriber, unless the account meets the definition of a competitor as provided for in this section. See Utah Code 58-16a-903
- Manufacturer: means a manufacturer, its parents, subsidiaries, affiliates, successors, and assigns. See Utah Code 58-16a-903
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) prescribers;
(1)(b) entities associated with prescribers; and
(1)(c) alternative channels of distribution.
(2) Notwithstanding any other provision of law, a manufacturer shall only sell, market, or distribute lenses in Utah that have been certified under Subsection (1) .
(3) Subsections (1) and (2) do not apply to:
(3)(a) rigid gas permeable lenses;
(3)(b) bitoric gas permeable lenses;
(3)(c) bifocal gas permeable lenses;
(3)(d) keratoconus lenses;
(3)(e) custom soft toric lenses that are manufactured for an individual patient and are not mass marketed or mass produced; and
(3)(f) custom designed lenses that are manufactured for an individual patient and are not mass marketed or mass produced.
(4) Any time a brand ceases to be made available after July 1, 2006, the manufacturer shall immediately certify that fact by affidavit to the Attorney General.