§ 20-56-218. Poisonous or deleterious substance — Rules for use
(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 20-56-208(2), but when the substance is so required or cannot be so avoided, the […]
§ 20-56-219. State Board of Health — Authority to regulate
(a) (1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act. (b) (1) Before promulgating any […]
§ 20-56-220. State Board of Health — Inspection
(a) The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such foods, drugs, […]
§ 20-56-205. Penalties — Exceptions
(a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year’s imprisonment, or both fine and imprisonment, in the […]
§ 20-56-221. State Board of Health — Publication and dissemination of information
(a) The State Board of Health may cause reports to be published summarizing all judgments, decrees, and court orders which have been rendered under this subchapter, including the nature of the charge and the disposition thereof. (b) The board may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the […]
§ 20-56-206. Duty of prosecuting attorney
It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
§ 20-56-222. State Board of Health — Enforcement of subchapter
(a) The enforcement of the provisions of this subchapter and all acts ancillary to it shall be the duty of the Division of Environmental Health Protection of the Department of Health. (b) The State Board of Health is authorized to appoint the necessary personnel to properly administer this subchapter.
§ 20-56-207. Injunctions authorized
In addition to the remedies provided in § 20-56-205, the State Board of Health is authorized to apply to the proper circuit court for, and the court shall have jurisdiction, upon hearing and for cause shown, to grant, a temporary or permanent injunction restraining any person from violating any provision of § 20-56-215, whether or […]
§ 20-56-223. State Board of Health — Enforcement of federal law
The State Board of Health is authorized to confer and cooperate with the United States Food and Drug Administration in the enforcement of the Federal Food, Drug, and Cosmetic Act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories, or foreign countries.
§ 20-56-208. Adulterated food
A food shall be deemed to be adulterated: (1) (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health. (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity […]