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37 <br />Abuse Control '. 513.13 <br />(b) Any product that is required by subsection (a) hereof to include a' noxious additive <br />shall have such contents clearly stated on the label. <br />(c) The prohibitions of this section shall not apply after a prescribed noxious additive <br />has been added to the harmful intoxicant or upon determination by the Board that addition of <br />a noxious additive is not required. <br />(d) Whoever violates this section is guilty of trafficking in harmful intoxicants, a <br />misdemeanor of the fourth degree. If the offender has previously been convicted of a drug <br />abuse offense, trafficking in harmful intoxicants is a misdemeanor of the third degree. <br />(e) This section does not apply to products used in making, fabricating, assembling, <br />transporting or constructing a product or structure by manual labor or machinery for sale <br />or lease to another person, or to the mining, refining or processing of natural deposits. <br />(ORC 2925.32) <br />513.12 RESERVED. <br />(EDITOR'S NOTE: This section has been reserved for future legislation.) <br />513.13 COUNTERFEIT CONTROLLED SUBSTANCES. <br />(a) No person shall knowingly possess any counterfeit controlled substance. <br />(b) As used in this section, "counterfeit controlled substance" means: <br />(1) Any drug that bears, or whose container or label bears, a trademark, trade <br />name or. other identifying mark used without authorization of the owner of <br />rights to such trademark, trade narne or identifying mark; or <br />(2) Any unmarked or unlabeled substance that is represented to be a controlled <br />substance manufactured, processed, packed or distributed by a person other <br />than the person that manufactured, processed, packed or distributed it; or <br />(3) Any substance that is represented to be a controlled substance but is not a <br />controlled substance or is a different controlled substance; or <br />(4) Any substance other than a controlled substance that a reasonable person <br />would believe to be a controlled substance because of its similarity in shape, <br />size and color, or its marking, labeling, packaging, distribution or the <br />price for which it is sold or offered for sale. <br />(c) Whoever violates this section is guilty of possession of counterfeit controlled <br />substances, a misdemeanor of the first degree. <br />(d) The provisions of this'section shall not apply to a px•actitioner, pharmacist, <br />pharmacy owner or other person whose conduct is in accordance with Ohio R. C. Chapters <br />3715, 3719, 4715, 4729, 4731 and 4741. <br />(ORC 2925.37) <br />1990 Replacement <br />