Section 21-31-15. – Misbranded drug or device.
§ 21-31-15. Misbranded drug or device. (a) A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any way. (2) If in package form unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an […]
Section 21-31-16. – Sale of new drugs — Regulations and procedure — Exceptions.
§ 21-31-16. Sale of new drugs — Regulations and procedure — Exceptions. (a) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: (1) an application with respect to the new drug has become effective under § 505 of the Federal Act, 21 U.S.C. § 355; or […]
Section 21-31-16.1. – Substitution of generic drugs and biological products.
§ 21-31-16.1. Substitution of generic drugs and biological products. (a) Drug product selection. The director shall permit substitution of less expensive generic, chemical, or brand-name drugs and pharmaceuticals, excluding biological products, considered by the director as therapeutically equivalent and interchangeable with specific, brand-name drugs and pharmaceuticals, if they are found to be in compliance with […]
Section 21-31-17. – Adulterated cosmetics.
§ 21-31-17. Adulterated cosmetics. 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 its labeling or advertisement, or under any conditions of use that are customary or usual; provided, that this […]
Section 21-31-18. – Misbranded cosmetics.
§ 21-31-18. Misbranded cosmetics. A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any way. (2) If in package form unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity […]
Section 21-31-19. – False advertising.
§ 21-31-19. False advertising. (a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) 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, […]
Section 21-31-20. – Regulations promulgated by director — Hearing — Notice.
§ 21-31-20. Regulations promulgated by director — Hearing — Notice. (a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health. The director of health is authorized to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act. […]
Section 21-31-6. – Embargoed articles — Condemnation and destruction.
§ 21-31-6. Embargoed articles — Condemnation and destruction. (a) Whenever a duly authorized agent of the director of health finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, the agent shall affix to […]
Section 21-31-21. – Inspection of establishments.
§ 21-31-21. Inspection of establishments. (a) The director of health or the director’s duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or other establishment, except as otherwise provided in subsection (b), in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, […]
Section 21-31-7. – Violations reported to attorney general — Notice and hearing on violation.
§ 21-31-7. Violations reported to attorney general — Notice and hearing on violation. It shall be the duty of the attorney general, to whom the director of health reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required […]