Section 21-261 – Abatement Orders
(a) If the Department believes that a person is violating any provision of this subtitle or any regulation adopted under this subtitle, the Department may have the person served with a written order that directs the person served to abate the violation within a time specified in the order. (b) Except as otherwise provided in the Administrative […]
Section 21-2B-03 – Actions Prohibited if Based on Recommendation Regarding Access to or Treatment With an Investigational Drug, Biological Product, or Device
(a) A health occupations board may not revoke, fail to renew, suspend, or take any action against a health care provider’s license based solely on the health care provider’s recommendation to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. (b) The Department may not take action against a health […]
Section 21-249 – General Powers to Inspect; Taking of Samples
(a) (1) For the purpose of enforcing this subtitle and after presentation of appropriate credentials to the owner, operator, or agent in charge, the Secretary or a representative of the Secretary may enter and inspect at any reasonable time: (i) Any factory, warehouse, or other establishment in which any food, drug, device, or cosmetic is manufactured, processed, packed, […]
Section 21-250 – Inspection of Records of Carriers; Use of Evidence Against Carrier Prohibited; Carriers’ Exclusion From Other Sections
(a) For the purpose of enforcing this subtitle and after presentation of appropriate credentials to any person who is in charge of or has custody of the records, the Secretary or a representative of the Secretary may have access to and may copy any record of a carrier in commerce if the record concerns the movement […]
Section 21-251 – Analysis of Samples
(a) If, while conducting an inspection under § 21-249 of this subtitle or while performing any other function under this subtitle, the Secretary obtains a sample of a food or drug, the Secretary may have an analysis or other examination made in a laboratory of the Department to determine: (1) As to a food sample, whether the […]
Section 21-252 – Injunctive Actions
In addition to and not instead of any other remedy authorized under this subtitle, the Secretary may bring an action to temporarily or permanently enjoin any violation of §§ 21-256 through 21-259 of this subtitle.
Section 21-253 – Detainment and Destruction of Articles
(a) Under this section, there is a ground for action against a food, drug, device, or cosmetic if it is: (1) Adulterated; (2) So misbranded that it is dangerous or fraudulent; (3) A food that violates any requirement imposed under § 21-211 of this subtitle; or (4) A drug that violates the provisions on new drugs under § 21-223 of […]
Section 21-254 – Action Against Food That Poses Immediate Threat
(a) (1) For purposes of this section, an “immediate threat” exists if any meat, seafood, poultry, vegetable, fruit, or any other perishable substance that is intended for consumption as food: (i) Contains any filthy, decomposed, or putrid substance; (ii) Is poisonous or otherwise would be injurious to health if consumed; or (iii) Is otherwise unsafe. (2) If a food poses an […]
Section 21-255 – Reporting of Criminal Violations
(a) Except as otherwise provided in this section, the Secretary shall report to the State’s Attorney any alleged criminal violation of this subtitle. (b) Before the Secretary reports any alleged violation of this subtitle to a State’s Attorney for the institution of a criminal proceeding, the Secretary shall give the alleged violator notice and an opportunity to […]
Section 21-256 – Prohibited Acts — General Provisions
A person may not: (1) Manufacture or sell any food, drug, device, or cosmetic that is adulterated or misbranded; (2) Adulterate or misbrand any food, drug, device, or cosmetic; (3) Make a food, drug, device, or cosmetic become adulterated by altering, mutilating, destroying, obliterating, or removing any part of its labeling while the food, drug, device, or cosmetic […]