Section 126.1 – Title.
126.1 Title. This chapter may be cited as the “Iowa Drug, Device, and Cosmetic Act”. 89 Acts, ch 197, §1 CS89, §203B.1 C93, §126.1
Section 126.10 – Drugs and devices — misbranding — labeling.
126.10 Drugs and devices — misbranding — labeling. 1. A drug or device is misbranded under any of the following circumstances: a. If its labeling is false or misleading in any particular. b. (1) If in a package form unless it bears a label containing both of the following: (a) The name and place of […]
Section 126.11 – Exemptions in cases of drugs and devices — dispensing by prescription only.
126.11 Exemptions in cases of drugs and devices — dispensing by prescription only. 1. The board shall adopt rules exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than […]
Section 126.12 – New drugs.
126.12 New drugs. 1. A person shall not sell, deliver, offer for sale, hold for sale, or give away a new drug unless both of the following apply: a. An application with respect to the new drug has been approved and the approval has not been withdrawn under section 505 of the federal Act. b. […]
Section 126.14 – Cosmetics — adulteration.
126.14 Cosmetics — adulteration. A cosmetic is adulterated if any of the following apply: 1. a. It bears or contains a poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in its labeling or under customary or usual conditions of use. However, this does not apply to […]
Section 126.15 – Cosmetics — misbranding.
126.15 Cosmetics — misbranding. 1. A cosmetic is misbranded if any of the following apply: a. Its labeling is false or misleading in any particular. b. If in package form unless it bears a label containing both of the following: (1) The name and place of business of the manufacturer, packer, or distributor. (2) An […]
Section 126.16 – False advertising.
126.16 False advertising. 1. The advertising of a drug, device, or cosmetic is false if it is false or misleading in any particular. 2. For the purpose of this chapter, advertising is false if it represents a drug, device, or cosmetic to have any effect in the diagnosis, prevention, or treatment of arthritis, blood disorders, […]
Section 126.17 – Rules — hearings.
126.17 Rules — hearings. 1. The board may adopt rules pursuant to chapter 17A for the efficient enforcement of this chapter. The board may make the rules adopted under this chapter conform, insofar as practicable, with those regulations adopted pursuant to the federal Act. 2. Hearings authorized or required by this chapter shall be conducted […]
Section 126.18 – Inspections.
126.18 Inspections. 1. a. For purposes of enforcement of this chapter, the board or any of its authorized agents, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following: (1) Enter at reasonable times any factory, warehouse, or other establishment in which drugs, devices, or cosmetics are […]
Section 126.19 – Publicity.
126.19 Publicity. 1. The board 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 charges and their disposition. 2. The board may also cause to be disseminated information regarding drugs, devices, or cosmetics, in situations […]
Section 126.2 – Definitions.
126.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Advertising” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. 2. “Anabolic steroid” means any […]
Section 126.20 – Chapter not applicable to commercial feed.
126.20 Chapter not applicable to commercial feed. This chapter does not apply to the Iowa Commercial Feed Law of 1974 under chapter 198 or to administrative rules adopted pursuant to chapter 198. 89 Acts, ch 197, §19 CS89, §203B.20 C93, §126.20
Section 126.21 – Chapter not applicable to animal drugs.
126.21 Chapter not applicable to animal drugs. This chapter does not apply to drugs intended for use for animals and not for humans. 89 Acts, ch 197, §20 CS89, §203B.21 C93, §126.21
Section 126.22 – Nitrous oxide.
126.22 Nitrous oxide. 1. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses, or who knowingly and with the intent to do so is […]
Section 126.23 – Gamma-hydroxybutyrate.
126.23 Gamma-hydroxybutyrate. 1. Unlawful possession. Any person who possesses gamma-hydroxybutyrate (also known as gamma-hydroxybutyric acid, or GHB), or any substance containing gamma-hydroxybutyrate, commits an aggravated misdemeanor. This subsection shall not apply to any person who obtains or possesses gamma-hydroxybutyrate or any material containing gamma-hydroxybutyrate pursuant to a lawful order of a physician or other authorized […]
Section 126.23A – Pseudoephedrine retail restrictions.
126.23A Pseudoephedrine retail restrictions. 1. a. A retailer or an employee of a retailer shall not do any of the following: (1) Sell more than seven thousand five hundred milligrams of pseudoephedrine to the same person within a thirty-day period. (2) Knowingly sell more than one package of a product containing pseudoephedrine to a person […]
Section 126.23B – Civil penalty.
126.23B Civil penalty. 1. A city or a county may enforce section 126.23A, after giving the retailer an opportunity to be heard upon ten days’ written notice by restricted certified mail stating the alleged violation and the time and place at which the retailer may appear and be heard. 2. For a violation of section […]
Section 126.25 – Human immunodeficiency virus home testing kits — prohibition — penalties.
126.25 Human immunodeficiency virus home testing kits — prohibition — penalties. Repealed by 2013 Acts, ch 81, §4.
Section 126.26 – Notice of conviction under chapter.
126.26 Notice of conviction under chapter. Repealed by 2019 Acts, ch 59, §238.
Section 126.2A – Applicability.
126.2A Applicability. The provisions of this chapter regarding the selling of drugs, devices, or cosmetics are applicable to the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such article, in the […]