Section 111550 does not apply to any of the following:

(a)  A drug or device that is sold in this state, or introduced into interstate commerce, at any time prior to the enactment of the federal act, if its labeling and advertising contained the same representations concerning the conditions of its use.

(b)  Any drug that is licensed under the Public Health Service Act of July 1, 1944 (58 Stats. 682, as amended; 42 U.S.C. § 201 et seq.) or under the eighth paragraph of the heading of Bureau of Animal Industry of the act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. § 151 et seq.), commonly known as the “Virus-Serum-Toxin Act.”

(Amended by Stats. 2000, Ch. 796, Sec. 13. Effective January 1, 2001.)