To prohibit wholesalers from purchasing prescription drugs from pharmacies, and to enhance information and transparency regarding drug wholesalers engaged in interstate commerce.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gray Market Drug Reform and Transparency Act of 2012''.
SEC. 2. PROHIBITION AGAINST WHOLESALE DISTRIBUTORS PURCHASING PRESCRIPTION DRUGS FROM PHARMACIES.
(a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aaa) The purchase or receipt by any person required to report under section 510(b)(3) (relating to wholesale distributors of prescription drugs) of any drug subject to section 503(b)(1) from a pharmacy or pharmacist, except that this paragraph does not apply to the return of a drug to the wholesale distributor from which the particular drug was purchased.''. (b) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(aa) If it is purchased or received in violation of section 301(aaa) (prohibiting the purchase or receipt of prescription drugs by wholesale distributors from pharmacists).''.
SEC. 3. REPORTING BY WHOLESALE DISTRIBUTORS OF PRESCRIPTION DRUGS.
(a) Reporting Requirement.-- (1) In general.--Section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) is amended-- (A) in subsection (b), by adding at the end the following: ``(3) On or before December 31 of each year,...