US Lawyer Database

Section 146-A:17 – Willful Failure to Comply.

    146-A:17 Willful Failure to Comply. – Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable […]

Section 146-A:18 – Severability.

    146-A:18 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are […]

Section 146-B:1 – Definitions.

    146-B:1 Definitions. – In this chapter: I. "Department" means the department of health and human services. II. "Established name" has the meaning given in section 502(e)(3) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 352(e)(3)). III. "Equivalent drug product" means a therapeutically equivalent drug product with the same established name, active ingredient […]

Section 146-B:2 – Drug Product Selection.

    146-B:2 Drug Product Selection. – I. Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select an equivalent drug product listed in "Approved Prescription Drug Products with Therapeutic Equivalence Evaluations" as published by […]

Section 146-B:4 – Prescription Label.

    146-B:4 Prescription Label. – Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product’s trade or brand name, if any, or its established name and the name of the manufacturer, packer or distributor, using abbreviations if necessary. Source. 1981, 153:1, eff. July 28, 1981.

Section 146-B:5 – Prescription Record.

    146-B:5 Prescription Record. – The pharmacy file copy of every prescription shall include the trade or brand name, if any, and the name of the manufacturer, and the packer or distributor, of the drug product dispensed, and any instructions as to medical necessity as noted by the prescriber. Source. 1981, 153:1, eff. July 28, […]

Section 146-A:13 – Bonding.

    146-A:13 Bonding. – The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intrusions and from purposeful evasion of rules […]

Section 146-A:14 – Penalty.

    146-A:14 Penalty. – I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the […]