sale by/to

English translation: 2a covers sales by, to and prescribed, the label omits TO

09:39 May 2, 2017
English language (monolingual) [PRO]
Medical - Medical (general) / Prescription devices (US English)
English term or phrase: sale by/to
My question concerns the exact meaning of the phrase 'Federal law restricts this device to sale by or on the order of a physician'.

If you go to this page on prescription devices on the FDA website, which I suppose is the origin of the phrase:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfCFR/CFR...

and look at (a) (2), it says, about prescription devices:

'Is to be sold only to or on the prescription or other order of such practitioner for use in the course of his professional practice',

while under (b) it says:

'The label of the device, other than surgical instruments, bears:

(1) The statement "Caution: Federal law restricts this device to sale by or on the order of a ____", the blank to be filled with the word "physician", "dentist", "veterinarian"...'

Can anyone explain why the word 'by' is used in (b) (1) and not 'to' as in (a) (2)?

Thank you for you help.
Anna Haxen
Denmark
Local time: 21:19
Selected answer:2a covers sales by, to and prescribed, the label omits TO
Explanation:
I do not see the meanings as different. However, the label basically omits one permitted type of sale (TO practitioners).

My reasoning:

As it is clear and stated in both 2a and 2b that these can be sold on prescription, let's look at 2a without the prescription part:

...is to be sold only to such practitioner for use in the course of his professional practice...

It can be argued that selling to patients forms a part, an aspect of the professional practice of a practitioner. It might also be possible that a practitioner can prescribe a product and sell/dispense it too (as it for example vets do here in the UK).

Thus, the 2a provision covers all three: sales to doctors, by doctors, and on prescription.

The label covers two of those. Not conflict but omission.

***

To answer the specific question:

Can anyone explain why the word 'by' is used in (b) and not 'to' as in (a)?

Sales to practitioners are kind of by default sales on prescription - the prescription is implied and perhaps the label just goes to far in avoiding redundancy.

Selected response from:

magdadh
United Kingdom
Local time: 20:19
Grading comment
Thank you for your thorough explanation. I am less confused now.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5parsing + implied text
Daryo
42a covers sales by, to and prescribed, the label omits TO
magdadh


Discussion entries: 8





  

Answers


13 hrs   confidence: Answerer confidence 5/5
'Federal law restricts this device to sale by or on the order of a physician\'
parsing + implied text


Explanation:
'Federal law restricts [the sale of] this device to:

a) sale by a physician
or
b) sale on the order of a physician'

IOW you can legally buy this device only directly from a physician, or from anyone else but only on the order of a physician

Daryo
United Kingdom
Local time: 20:19
Works in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
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1 day 1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
2a covers sales by, to and prescribed, the label omits TO


Explanation:
I do not see the meanings as different. However, the label basically omits one permitted type of sale (TO practitioners).

My reasoning:

As it is clear and stated in both 2a and 2b that these can be sold on prescription, let's look at 2a without the prescription part:

...is to be sold only to such practitioner for use in the course of his professional practice...

It can be argued that selling to patients forms a part, an aspect of the professional practice of a practitioner. It might also be possible that a practitioner can prescribe a product and sell/dispense it too (as it for example vets do here in the UK).

Thus, the 2a provision covers all three: sales to doctors, by doctors, and on prescription.

The label covers two of those. Not conflict but omission.

***

To answer the specific question:

Can anyone explain why the word 'by' is used in (b) and not 'to' as in (a)?

Sales to practitioners are kind of by default sales on prescription - the prescription is implied and perhaps the label just goes to far in avoiding redundancy.



magdadh
United Kingdom
Local time: 20:19
Native speaker of: Native in PolishPolish
PRO pts in category: 8
Grading comment
Thank you for your thorough explanation. I am less confused now.
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