§ 26-3-1. Short Title
This chapter may be cited as the “Georgia Drug and Cosmetic Act.” History. Ga. L. 1961, p. 529, § 1; Code 1933, § 79A-1001, enacted by Ga. L. 1967, p. 296, § 1.
§ 26-3-10. Selling, Delivering, or Giving Away of New Drugs; Exemptions
No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: An application with respect thereto has become effective under Section 505 of the federal act; or When not subject to the federal act unless such drug has been tested and has not been found to be unsafe […]
§ 26-3-11. When a Cosmetic Deemed Adulterated
A cosmetic shall be deemed to be adulterated: 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 this paragraph shall not apply […]
§ 26-3-12. When a Cosmetic Deemed Misbranded
A cosmetic shall be deemed to be misbranded: If its labeling is false or misleading in any particular; If in package form unless it bears a label containing: The name and place of business of the manufacturer, packer, or distributor; and An accurate statement of the quantity of the contents in terms of weight, measure, […]
§ 26-3-13. When a Drug, Device, or Cosmetic Advertisement Deemed False
An advertisement of a drug, device, or cosmetic shall be deemed to be completely false if it is false or misleading in any particular. For the purpose of this chapter the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poisoning, bone disease, Bright’s disease, cancer, carbuncles, […]
§ 26-3-14. Factors Taken Into Account in Determining Whether Label or Advertisement Is Misleading
If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account, among other things not only representations made or suggested by statement, word, design, […]
§ 26-3-15. Labeling or Advertisement of a Drug as an Antiseptic
The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as […]
§ 26-3-16. Promulgation of Regulations; Conformity With Federal Act
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the federal act. No drug, device, or cosmetic which is subject to and complies with […]
§ 26-3-17. Inspection of Factories, Warehouses, Establishments, or Vehicles; Samples and Specimens
The State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which 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 drugs, devices, or […]
§ 26-3-18. Assistance in Enforcement From Department of Agriculture or Department of Public Health
In addition to the remedies provided in this chapter and to provide for more efficient enforcement of this chapter, the State Board of Pharmacy or the director of the Georgia Drugs and Narcotics Agency may ask the Department of Agriculture and the Department of Public Health for assistance; and, in such event, either or both […]
§ 26-3-19. Reports and Publications by State Board of Pharmacy
The State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. The board may also cause to be disseminated such information regarding drugs, devices, and cosmetics as […]
§ 26-3-2. Definitions
As used in this chapter, the term: “Advertisement” means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. “Board” means the State Board of Pharmacy. “Contaminated with filth” applies […]
§ 26-3-20. Injunctions for Violations of Code Section 26-3-3
In addition to the remedies provided for in this chapter, the State Board of Pharmacy is authorized to bring an action in the appropriate court of the county for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating Code […]
§ 26-3-21. Construction of Chapter
The provisions of this chapter regarding the selling of drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offering, possession, and holding of any such article for sale, the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct […]
§ 26-3-22. [Effective July 1, 2023. See note.] Other Laws Unaffected by Chapter
This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Chapter 4 of this title, Article 3 of Chapter […]
§ 26-3-22. [Effective Until July 1, 2023. See note.] Other Laws Unaffected by Chapter
This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Chapter 4 of this title, Article 3 of Chapter […]
§ 26-3-23. Penalty for Impeding, Obstructing, Hindering, or Preventing Drug Agent From Performance of Duty
Any manufacturer, dealer, wholesaler, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any drug agent or other person in the performance of his duty in collecting samples or otherwise in connection with this chapter shall be guilty of a misdemeanor. History. Code 1933, § 79A-9914, enacted by Ga. […]
§ 26-3-24. Penalty for Violation of Chapter
Any person who violates this chapter shall be guilty of a misdemeanor. History. Code 1933, § 79A-9912, enacted by Ga. L. 1967, p. 296, § 1.
§ 26-3-3. Prohibited Acts
The following acts and the causing thereof within this state are prohibited: The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded; (1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded; The adulteration or misbranding of any drug, […]
§ 26-3-4. Detention of Adulterated or Misbranded Drugs and Cosmetics
Whenever a duly authorized agent of the State Board of Pharmacy finds or has probable cause to believe that any drug or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking giving notice that […]