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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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would it be legal to start a research chemical distributing

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would it be legal to start a research chemical distributing web based business in Pennsylvania as long as i stay current with the federal and local laws? am interested in this business opp, however do not wish to break any laws.
Hi and Welcome! My name is XXXXX XXXXX will be assisting you. I am happy to help you. If you follow federal and local laws, you should be fine. Not sure if you are researching pharmaceuticals so let me know if the following helps you:

Under Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act, researchers are authorized to receive prescription drugs and are exempt from registration or licensure as long as the research is within the scope of their professional approved research protocol practice. Generally this research is within a recognized scientific institution, governmental agency, or university. Note, a licensed distributor must perform due diligence and obtain verification documentation to ensure parties they shipped product to are authorized to receive it. This process includes researchers. Verification documentation is not limited to one type of documentation only. Examples include but are not limited to DEA license, veterinarian license, approved NIH protocol studies, and university research approval letters. Verification documentation should be able to show that the needed products are indeed within the scope of practice and research. Researchers must be able provide verification documentation to a licensed distributor in order for the licensed distributor to distribute prescription pharmaceuticals to them. If the pharmaceuticals involve controlled substances, then the researcher must specifically obtain a federal DEA research license prior to obtain controlled substances from a distributor. The Department of Health can provide a letter of exemption in lieu of other documentation for special circumstances such as utilization of chorionic gonadotropin (a controlled substance under Pennsylvania law), one day pharmaceutical recycling programs, or other circumstances whereas individuals or facilities have legitimate need to possess prescription pharmaceuticals but do not have the standard documentation from a scientific institution, university, or other governmental agency. For more guidance check with your scientific institution or contracted distributor. If a letter of exemption is still needed, contact the Department of Health, Drug, Device, and Cosmetic Program for further information.

Regards, Damien
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