§ 53-1-204. Minor Violations — Written Notice of Warning in Discretion of Commissioner
Nothing in this chapter shall be construed as requiring the commissioner to report for the institution of proceedings under this chapter minor violations of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice of warning.
§ 53-1-205. Promulgation of Reasonable Standards for Food
The commissioner shall promulgate regulations fixing the establishing for any food or class of food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, or reasonable standard of quality or fill of container, whenever in the judgment of the commissioner the promulgation of regulations will promote honesty […]
§ 53-1-206. Contamination of Food With Micro-Organisms — Permit Regulations — Inspections
Whenever the commissioner finds, after investigation, that the distribution in this state of any class of food may, by reason of contamination with micro-organisms during manufacturing, processing or packing of the food in any locality, be injurious to health, and that the injurious nature cannot be adequately determined after the articles have entered commerce, the […]
§ 53-1-207. Authority to Promulgate Regulations — Hearings — Notice
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the commissioner. The commissioner is authorized to make regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act. Hearings authorized or required by this chapter shall be conducted by the commissioner or an officer, […]
§ 53-1-208. Inspections — Examination of Specimens
The commissioner or the commissioner’s duly 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 the foods, drugs, devices or […]
§ 53-1-209. Access to Records of Carriers, Consignees or Holders of Products in Intrastate Commerce
For the purpose of enforcing this chapter, carriers engaged in intrastate commerce, and persons receiving food, drugs, devices or cosmetics in intrastate commerce or holding those articles so received, shall, upon the request of a duly authorized representative of the commissioner, permit the representative at reasonable times to have access to and to copy all […]
§ 53-1-210. Publication of Reports by Commissioner — Dissemination of Information
The commissioner may cause to be published, from time to time, reports summarizing all judgments, decrees and court orders that have been rendered under this part, including the nature of the charge and the disposition of the charge. The commissioner may also cause to be disseminated information, regarding food, drugs, devices and cosmetics, that the […]
§ 53-1-301. Part Definitions. [Effective Until June 30, 2021.]
As used in this part: “Administration” means the United States food and drug administration; “Department” means the department of agriculture; and “Standards” means the standards for the growing, harvesting, packing, and holding of produce for human consumption (21 CFR Part 112).
§ 53-1-113. False Advertising
An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright’s disease, cancer, carbuncles, […]
§ 53-1-114. Exemptions From Labeling Requirements
Notwithstanding any law or rule to the contrary, a food item, including, but not limited to, biscuits, sandwiches, salads, slaw, cookies, candy and other desserts, shall be exempt from the labeling requirements of this chapter if the food item is: Made on site; Sold at retail to consumers on site; and Made from products that […]