DSCSA Small Dispenser Definition: Who Counts in the 25
Your rep asks if you fit the DSCSA small dispenser definition. You say yes, because it's a small store and everyone knows it. Then she asks a follow-up: how many full-time technicians work across all your locations? And suddenly the answer isn't so obvious.
That pause is common, and it matters. Your number decides whether FDA's exemption covers you until November 27, 2027, or whether the electronic rules apply to you this November. The test itself is simple. But there are three easy ways to get the count wrong, and each one can move your date by a full year.
The DSCSA small dispenser definition, in one sentence
Here's how FDA puts it in its August 6, 2026 letter. You qualify if the company that owns your pharmacy has 25 or fewer full-time pharmacists and pharmacy technicians in total as of November 27, 2026.
That sentence packs in four details, and each one changes who goes into your number.
| Detail | What FDA means | Who stays out of the count |
|---|---|---|
| Who | Employees licensed as pharmacists or qualified as pharmacy technicians | Cashiers, delivery drivers, billing and front-store staff |
| Full-time | The IRS definition: on average at least 30 hours a week, or 130 hours a month | Anyone who works less than that |
| Whose team | The company that owns the pharmacy, with all its locations added together | Nobody. Every store counts |
| When | Your team as of November 27, 2026 | Your old count from November 2024 |
Let's take them one at a time.
Who counts: pharmacists and technicians only
The first mistake is counting everyone on payroll. Your cashier, your delivery driver and the person who handles billing don't go into the number, however much the store depends on them. Only licensed pharmacists and qualified pharmacy technicians do.
There's an interesting detail here. The law itself talks about dispensers with "25 or fewer full-time employees," without naming any jobs. FDA chose to count only pharmacists and technicians. In its letter, FDA notes that this makes the exemption apply to a broader group of pharmacies. In plain terms, more stores fit.
What full-time means
The second mistake is counting part-timers. FDA uses the IRS definition of full-time: an average of at least 30 hours a week, or 130 hours a month. So the technician who covers two evenings a week stays out of your number.
The tricky part is people near that line. A technician who picks up extra shifts and now averages 30 hours a week counts. If you're close to 25, look at who might cross that line before November 27.
Every store adds up
The third mistake is counting one store at a time. FDA looks at the company that owns the pharmacy, and it counts the total for that company. If you own three stores, you add all three together, even if each one feels small on its own.
Example (fictional): Daniel owns two pharmacies under one company, and he works full time as a pharmacist in the first one. Store A has Daniel, two other full-time pharmacists and eight full-time technicians. Store B has three full-time pharmacists, eight full-time technicians and one technician who averages 32 hours a week. Across both stores, he also has three technicians at about 20 hours a week, plus four cashiers and drivers.
Let's count the way FDA does. Store A gives eleven: three pharmacists and eight technicians. Store B gives twelve, because the technician at 32 hours counts as full-time. That's 23 in total. The three part-time technicians and the four cashiers and drivers stay out.
Now look at the mistakes Daniel could have made. If he counted everyone, he'd get 30 and think he was out. If he counted only Store A, he'd get 11 and feel far from the line. The real answer is 23, which is close. If all three part-timers move to 30 hours a week before November 27, he reaches 26. Then the electronic rules apply to him on November 27, 2026.
DSCSA Compliance for Small Pharmacies: Free Training (2026 Rules). Short video lessons + a printable checklist → Get free access
When you count: November 27, 2026
The last detail is the date. You count your team as it stands on November 27, 2026. FDA's earlier letter used November 27, 2024, so a count from two years ago doesn't decide anything now.
This cuts both ways. Based on FDA's two letters, a company that had 22 in 2024 but has 26 on November 27, 2026 loses the exemption on that day. By the letter's text, the reverse also holds. A company that had 26 or more in 2024 but has 25 or fewer on November 27, 2026 fits the new definition.
If you want the bigger picture, our post on what changed in November 2026 explains why the date moved. Our guide to the DSCSA small dispenser exemption then shows what the exemption covers in each case.
Write your count down
You don't need to apply for the exemption. FDA says small dispensers who use it don't need to submit anything. Still, it's worth writing your count down. List each full-time pharmacist and technician, their average weekly hours, and the date you counted. If anyone asks later, you'll have the answer on one page.
That page also backs up the one step FDA does recommend: letting your trading partners know you're relying on the exemption. Lesson 04 of our training walks you through the count, and Lesson 05 turns your number into your date. And whatever your number, the rest of DSCSA already applies, so it helps to know what applies today.
FAQ
Do part-time technicians count toward the 25? Only if they average at least 30 hours a week, or 130 hours a month. FDA uses the IRS definition of full-time, so a technician below that line stays out.
Does the owner count? FDA's letter doesn't address owners directly. If you're a licensed pharmacist who works full time in your pharmacy, the safest approach is to count yourself.
We have three stores. Do we count each one separately? No. FDA counts the total for the company that owns the pharmacies, so all three stores add up.
Which date counts, 2024 or 2026? November 27, 2026. The 2024 count only mattered for FDA's earlier letter, which ends on that same day.
Do cashiers and delivery drivers count? No. Only full-time licensed pharmacists and qualified pharmacy technicians go into the number.
The short version
Count the full-time pharmacists and pharmacy technicians who work for the company that owns your pharmacy. Add every location together, and leave out part-timers and staff in other roles. Do it as of November 27, 2026. If the total is 25 or fewer, the electronic rules apply to you on November 27, 2027. If it's 26 or more, they apply on November 27, 2026, or they already do.
Count your team. Know your date. → Get the free DSCSA training
DSCSA rules can change. Always confirm the latest requirements on FDA.gov. This is educational content, not legal advice.
Sources
- FDA, DSCSA exemptions for small business dispensers until Nov 27, 2027 (Aug 6, 2026).
- FDA, DSCSA exemptions for small business dispensers (June 2024, re-issued Jul 12, 2024).
- FDA, Exemptions under the DSCSA (updated Aug 26, 2026).
- IRS, Identifying full-time employees.
- FD&C Act §582 (21 U.S.C. 360eee-1).