Section 123375 Of Article 1. Determination Of Pregnancy From California Health And Safety Code >> Division 106. >> Part 2. >> Chapter 2. >> Article 1.
123375
. (a) Except as otherwise provided in subdivision (b), no
person shall sell, offer for sale, give away, distribute, or
otherwise furnish materials intended to determine the presence of
pregnancy, unless that person has obtained a certificate of
acceptability from the department declaring that the materials have
been approved as to efficacy and safety by the department.
(b) Subdivision (a) shall not apply to materials intended to
determine the presence of pregnancy, that are sold, offered for sale,
given away, distributed, or otherwise furnished to a physician and
surgeon licensed to practice in this state, a pharmacist licensed to
practice in this state, a licensed primary care clinic, a licensed
health facility, or a public health agency.
(c) Any person other than a person described in subdivision (b)
who intends to sell, offer for sale, give away, distribute or
otherwise furnish materials intended to determine the presence of
pregnancy shall first make application to the state department for
certification of the materials. The department shall also require
that an application for certification shall be accompanied by samples
of any materials that are the subject of the application as the
department may reasonably require.
Any violation of this section is a misdemeanor.