§ 26-3-14. Factors Taken Into Account in Determining Whether Label or Advertisement Is Misleading
If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account, among other things not only representations made or suggested by statement, word, design, […]
§ 26-3-15. Labeling or Advertisement of a Drug as an Antiseptic
The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as […]
§ 26-3-16. Promulgation of Regulations; Conformity With Federal Act
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the federal act. No drug, device, or cosmetic which is subject to and complies with […]
§ 26-3-17. Inspection of Factories, Warehouses, Establishments, or Vehicles; Samples and Specimens
The State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which 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 drugs, devices, or […]
§ 26-3-18. Assistance in Enforcement From Department of Agriculture or Department of Public Health
In addition to the remedies provided in this chapter and to provide for more efficient enforcement of this chapter, the State Board of Pharmacy or the director of the Georgia Drugs and Narcotics Agency may ask the Department of Agriculture and the Department of Public Health for assistance; and, in such event, either or both […]
§ 26-3-3. Prohibited Acts
The following acts and the causing thereof within this state are prohibited: The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded; (1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded; The adulteration or misbranding of any drug, […]
§ 26-3-19. Reports and Publications by State Board of Pharmacy
The State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. The board may also cause to be disseminated such information regarding drugs, devices, and cosmetics as […]
§ 26-3-4. Detention of Adulterated or Misbranded Drugs and Cosmetics
Whenever a duly authorized agent of the State Board of Pharmacy finds or has probable cause to believe that any drug or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking giving notice that […]
§ 26-3-20. Injunctions for Violations of Code Section 26-3-3
In addition to the remedies provided for in this chapter, the State Board of Pharmacy is authorized to bring an action in the appropriate court of the county for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating Code […]
§ 26-3-5. Duty of Prosecuting Attorney Upon Report of Violation; Notice to Possible Defendant
It shall be the duty of each prosecuting attorney to whom the State Board of Pharmacy reports any violation of this chapter to cause appropriate criminal proceedings to be instituted in the appropriate court without delay and to prosecute same in the manner provided by law. Before any violation of this chapter is reported to […]