§ 20-56-201. Title
This subchapter may be cited as the “Food, Drug, and Cosmetic Act”.
§ 20-56-202. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Abandoned drug” means a drug which: (A) Is in the possession or control of a person who is without authority under law to possess, purchase, or sell; (B) In its present circumstances presents a danger to the public health or safety; (C) Is not […]
§ 20-56-203. Applicability
The provisions of this subchapter regarding the selling of food, drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale and includes the sale, dispensing, and giving of any such article and the supplying or applying of the articles in […]
§ 20-56-204. Notice of minor violations
Nothing in this subchapter shall be construed as requiring the State Board of Health to report for the institution of proceedings under this subchapter any minor violations of this subchapter whenever the board believes that the public interest will be adequately served under the circumstances by a suitable written notice or warning to the violators.
§ 20-56-205. Penalties — Exceptions
(a) Any person who violates any of the provisions of this subchapter shall be guilty of a misdemeanor and for such offense shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500), or shall be sentenced to not more than one (1) year’s imprisonment, or both fine and imprisonment, in the […]
§ 20-56-206. Duty of prosecuting attorney
It shall be the duty of each prosecuting attorney to whom the State Board of Health reports any violation of this subchapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
§ 20-56-207. Injunctions authorized
In addition to the remedies provided in § 20-56-205, the State Board of Health is authorized to apply to the proper circuit court for, and the 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 § 20-56-215, whether or […]
§ 20-56-208. Adulterated food
A food shall be deemed to be adulterated: (1) (A) If the food bears or contains any poisonous or deleterious substance which may render the food injurious to health. (B) However, if the substance is not an added substance, the food shall not be considered adulterated under subdivision (1)(A) of this section if the quantity […]
§ 20-56-209. Misbranded food
A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If it is offered for sale under the name of another food; (3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” […]
§ 20-56-210. Adulterated drug or device
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; (B) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered […]
§ 20-56-211. Misbranded drug or device
A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision […]
§ 20-56-212. Adulterated cosmetic
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. However, this provision shall not apply […]
§ 20-56-213. Misbranded cosmetic
A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of the quantity of the contents in […]
§ 20-56-214. False or misleading advertisement
(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) (1) (A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or […]
§ 20-56-215. Prohibited acts
The following acts and the causing thereof within the State of Arkansas are prohibited: (1) The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned; (2) The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic; (3) The receipt in […]
§ 20-56-216. Adulterated, misbranded, or abandoned food, drug, device, or cosmetic — Procedures
(a) (1) Whenever an authorized agent of the State Board of Health finds or has probable cause to believe that any food, drug, device, or cosmetic is adulterated, so misbranded, or abandoned as to be dangerous or fraudulent within the meaning of this subchapter, he or she shall affix to the article a tag or […]
§ 20-56-217. Contamination with microorganisms
(a) Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, […]
§ 20-56-218. Poisonous or deleterious substance — Rules for use
(a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 20-56-208(2), but when the substance is so required or cannot be so avoided, the […]
§ 20-56-219. State Board of Health — Authority to regulate
(a) (1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health. (2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act. (b) (1) Before promulgating any […]
§ 20-56-220. State Board of Health — Inspection
(a) The State Board of Health or its authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, 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 foods, drugs, […]