Section 37-113 – SHORT TITLE.
37-113. SHORT TITLE. This act may be cited as the Idaho Food, Drug and Cosmetic Act. History: [37-113, added 1959, ch. 153, sec. 1, p. 351.]
Section 37-114 – DEFINITIONS.
37-114. DEFINITIONS. For the purpose of this act (a) The term "board" means the state board of health and welfare and "director" means the director of the department of health and welfare. (b) The term "person" includes individual, partnership, corporation, and association; (c) The term "food" means (1) articles used for food or drink for […]
Section 37-115 – PROHIBITED ACTS.
37-115. PROHIBITED ACTS. The following acts and the causing thereof within the state of Idaho are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded; (b) The adulteration or misbranding of any food, drug, device, or cosmetic; (c) The […]
Section 37-116 – INJUNCTIONS AUTHORIZED.
37-116. INJUNCTIONS AUTHORIZED. In addition to the remedies hereinafter provided the director is hereby authorized to apply to the district 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 section 37-115, Idaho Code, irrespective of […]
Section 37-117 – VIOLATIONS — PENALTY — EXCEPTIONS.
37-117. VIOLATIONS — PENALTY — EXCEPTIONS. (1) (a) Any person who intentionally adulterates a drug that is held for sale or distribution, or that is to be administered or dispensed, shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years or a fine […]
Section 37-117A – REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS.
37-117A. REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS. (1) When the employment of a health care provider has been terminated, either voluntarily or involuntarily, for adulteration or misappropriation of controlled substances, as defined in chapter 27, title 37, Idaho Code, the employer shall, within thirty (30) days of the […]
Section 37-118 – TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING ADULTERATED OR MISBRANDED — EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS AND BY CERTAIN PROCEDURES.
37-118. TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING ADULTERATED OR MISBRANDED — EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS AND BY CERTAIN PROCEDURES. (a) Whenever a duly authorized agent of the director finds or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or so misbranded as to […]
Section 37-119 – PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION.
37-119. PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION. It shall be the duty of each county prosecuting attorney to whom the director or his agent reports any punishable violation of this act (including, but not limited to, rules and regulations) to cause appropriate proceedings to be […]
Section 37-120 – REPORT OF MINOR VIOLATIONS.
37-120. REPORT OF MINOR VIOLATIONS. Nothing in this act shall be construed as requiring the director to report for the institution of proceedings under this act, minor violations of this act, whenever the director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. History: [37-120, […]
Section 37-121 – PROMULGATION OF REASONABLE STANDARDS BY BOARD.
37-121. PROMULGATION OF REASONABLE STANDARDS BY BOARD. Whenever in the judgment of the board 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, and/or reasonable standard of quality and/or […]
Section 37-122 – FOOD DEEMED ADULTERATED.
37-122. FOOD DEEMED ADULTERATED. A food shall be deemed to be adulterated–(a) (1) 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 clause if the quantity of such […]
Section 37-123 – FOOD DEEMED MISBRANDED.
37-123. FOOD DEEMED MISBRANDED. A food shall be deemed to be misbranded– (a) If its labeling is false or misleading in any particular. (b) If it is offered for sale under the name of another food. (c) If it is an imitation of another food, unless its label bears, in type of uniform size and […]
Section 37-124 – CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.
37-124. CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY. (a) Whenever the director finds after investigation that the distribution in Idaho 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 such injurious nature […]
Section 37-125 – POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.
37-125. POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE. Any poisonous or deleterious substance added to any food except where such 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 clause (2) of section 37-122(a); but […]
Section 37-126 – DRUGS OR DEVICES DEEMED ADULTERATED.
37-126. DRUGS OR DEVICES DEEMED ADULTERATED. A drug or device shall be deemed to be adulterated: (a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, […]
Section 37-127 – DRUGS OR DEVICES DEEMED MISBRANDED.
37-127. DRUGS OR DEVICES DEEMED MISBRANDED. A drug or device shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement […]
Section 37-128 – SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES.
37-128. SALE OF NEW DRUGS — REGULATIONS AND PROCEDURES. (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 become effective under section 505 of the federal act, or (2) when not subject to the federal act unless such […]
Section 37-129 – COSMETICS DEEMED ADULTERATED.
37-129. COSMETICS DEEMED ADULTERATED. A cosmetic shall be deemed to be adulterated–(a) 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 […]
Section 37-130 – COSMETICS DEEMED MISBRANDED.
37-130. COSMETICS DEEMED MISBRANDED. A cosmetic shall be deemed to be misbranded–(a) If its labeling is false or misleading in any particular. (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of […]
Section 37-131 – FALSE ADVERTISING.
37-131. 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 act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone […]