Section 21-31-1. – Short title.
§ 21-31-1. Short title. This chapter may be cited as the “Rhode Island Food, Drugs, and Cosmetics Act.” History of Section.P.L. 1959, ch. 56, § 1.
Section 21-31-10. – Adulterated food.
§ 21-31-10. Adulterated food. A food shall be deemed to be adulterated: (1) If: (i) 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 the food shall not be considered adulterated under this clause if the quantity of […]
Section 21-31-11. – Misbranded food.
§ 21-31-11. Misbranded food. A food shall be deemed to be misbranded: (1) If its labeling is false or misleading in any way. (2) If it is offered for sale under the name of another food. (3) If it is an imitation of another food for which a definition and standard of identity have been […]
Section 21-31-12. – Contamination of food with microorganisms — Suspension of permit — Inspection.
§ 21-31-12. Contamination of food with microorganisms — Suspension of permit — Inspection. (a) Whenever the director of health finds after investigation that the distribution in Rhode Island of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing of it in any locality, be injurious to health, and […]
Section 21-31-13. – Poisonous or deleterious substance — Regulations as to use.
§ 21-31-13. Poisonous or deleterious substance — Regulations as to use. (a) Any poisonous or deleterious substance added to any food, except where the substance is required in the production of it or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii); but […]
Section 21-31-14. – Adulterated drug or device.
§ 21-31-14. Adulterated drug or device. A drug or device shall be deemed to be adulterated: (1) If: (i) it consists in whole or in part of any filthy, putrid, or decomposed substance; (ii) it has been produced, prepared, packed, or held under unsanitary conditions by which it may have been contaminated with filth, or […]
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 21-31-2. – Definitions.
§ 21-31-2. Definitions. For the purpose of this chapter: (1) “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 food, drugs, devices, or cosmetics. (2) “Contaminated with filth” applies to any […]
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 21-31-21. – 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 21-31-22. – Publication of court orders, judgments and decrees — Dissemination of information.
§ 21-31-22. Publication of court orders, judgments and decrees — Dissemination of information. (a) The director of health 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 its disposition. (b) The director of […]
Section 21-31-23. – Severability.
§ 21-31-23. Severability. If any provision of this chapter is declared unconstitutional or the applicability of this chapter to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability of it to other persons and circumstances shall not be affected by that invalidity. History of Section.P.L. 1959, […]
Section 21-31-24. – Drug disposal.
§ 21-31-24. Drug disposal. (a) Notwithstanding any provisions of the general or public laws to the contrary, any city or town may authorize the use of its police department to display a container suitable for use as a receptacle for used, expired, or unwanted drugs or drug products. The receptacle shall only permit the deposit […]
Section 21-31-3. – Prohibited acts.
§ 21-31-3. Prohibited acts. The following acts and the causing of those acts within the state of Rhode Island are prohibited: (1) The manufacture, sale, or delivery, or holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded. (2) The adulteration or misbranding of any food, drug, device, […]
Section 21-31-4. – Injunctions authorized.
§ 21-31-4. Injunctions authorized. In addition to the remedies provided in this chapter the director of health is authorized to apply to the superior 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 § 21-31-3, […]