§ 106-120 – Title of Article.
106-120. Title of Article. This Article may be cited as the North Carolina Food, Drug and Cosmetic Act. (1939, c. 320, s. 1.)
§ 106-121 – Definitions and general consideration.
106-121. Definitions and general consideration. For the purpose of this Article: (1) The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purposes of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. (1a) The term […]
§ 106-122 – Certain acts prohibited.
106-122. Certain acts prohibited. The following acts and the causing thereof within the State of North Carolina are hereby prohibited: (1) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding of any food, drug, device, or cosmetic. […]
§ 106-123 – Injunctions restraining violations.
106-123. Injunctions restraining violations. In addition to the remedies hereinafter provided, the Commissioner of Agriculture is hereby authorized to apply to the superior court for, and such 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 G.S. 106-122, irrespective […]
§ 106-124 – Violations made misdemeanor.
106-124. Violations made misdemeanor. (a) Any person, firm or corporation violating any provision of this Article, or any regulation of the Board adopted pursuant to this Article, shall be guilty of a Class 2 misdemeanor. In addition, if any person continues to violate or further violates any provision of this Article after written notice from […]
§ 106-124.1 – Civil penalties.
106-124.1. Civil penalties. (a) The Commissioner may assess a civil penalty of not more than two thousand dollars ($2,000) against any person who violates a provision of this Article or any rule adopted pursuant to this Article. In determining the amount of the penalty, the Commissioner shall consider the degree and extent of harm caused […]
§ 106-125 – Detention of product or article suspected of being adulterated or misbranded.
106-125. Detention of product or article suspected of being adulterated or misbranded. (a) Whenever a duly authorized agent of the Department of Agriculture and Consumer Services finds or has probable cause to believe, that any food, drug, device, cosmetic or consumer commodity is adulterated, or so misbranded as to be dangerous or fraudulent within the […]
§ 106-126 – Prosecutions of violations.
106-126. Prosecutions of violations. It shall be the duty of the solicitors and district attorneys of this State to promptly prosecute all violations of this Article. (1939, c. 320, s. 7; 1973, c. 47, s. 2; c. 108, s. 54; 1975, c. 614, s. 10.)
§ 106-127 – Report of minor violations in discretion of Commissioner.
106-127. Report of minor violations in discretion of Commissioner. Nothing in this Article shall be construed as requiring the Commissioner of Agriculture to report for the institution of proceedings under this Article, minor violations of this Article, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable […]
§ 106-128 – Establishment of reasonable standards of quality by Board of Agriculture.
106-128. Establishment of reasonable standards of quality by Board of Agriculture. Whenever in the judgment of the Board of Agriculture such action will promote honesty and fair dealing in the interest of consumers, the Board shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, […]
§ 106-129 – Foods deemed to be adulterated.
106-129. Foods deemed to be adulterated. A food shall be deemed to be adulterated: (1) a. If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this paragraph if the […]
§ 106-130 – Foods deemed misbranded.
106-130. Foods deemed misbranded. A food shall be deemed to be misbranded: (1) a. If its labeling is false or misleading in any particular, or b. If its labeling or packaging fails to conform with the requirements of G.S. 106-139 and 106-139.1 of this Article. (2) If it is offered for sale under the name […]
§ 106-131 – Permits governing manufacture of foods subject to contamination with microorganisms.
106-131. Permits governing manufacture of foods subject to contamination with microorganisms. (a) Whenever the Commissioner of Agriculture finds after investigation by himself or his duly authorized agents, that the distribution in North Carolina of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality in […]
§ 106-132 – Additives, etc., deemed unsafe.
106-132. Additives, etc., deemed unsafe. Any added poisonous or added deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of G.S. 106-129(1), paragraphs b and g and […]
§ 106-133 – Drugs deemed to be adulterated.
106-133. Drugs deemed to be adulterated. A drug or device shall be deemed to be adulterated: (1) a. If it consists in whole or in part of any filthy, putrid or decomposed substance; or b. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, […]
§ 106-134 – Drugs deemed misbranded.
106-134. Drugs deemed misbranded. A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular, or if its labeling or packaging fails to conform with the requirements of G.S. 106-139 or 106-139.1 of this Article. (2) If in package form unless it bears a label […]
§ 106-134.1 – Prescriptions required; label requirements; removal of certain drugs from requirements of this section.
106-134.1. Prescriptions required; label requirements; removal of certain drugs from requirements of this section. (a) A drug intended for use by man which: (1) Is a habit-forming drug to which G.S. 106-134(4) applies; or (2) Because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures […]
§ 106-135 – Regulations for sale of new drugs.
106-135. Regulations for sale of new drugs. (a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless: (1) An application with respect thereto has been approved and said approval has not been withdrawn under section 505 of the federal act, or (2) When not subject to […]
§ 106-136 – Cosmetics deemed adulterated.
106-136. Cosmetics deemed adulterated. A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: Provided, that […]
§ 106-137 – Cosmetics deemed misbranded.
106-137. Cosmetics deemed misbranded. A cosmetic shall be deemed to be misbranded: (1) a. If its labeling is false or misleading in any particular; or b. If its labeling or packaging fails to conform with the requirements of G.S. 106-139 and 106-139.1 of this Article. (2) If in package form unless it bears a label […]