Sale of household and commercial laundry detergent and dishwashing detergent containing phosphorus prohibited. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.Ī person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused. (B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. (6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices. (4) use of a false name or the giving of a false address (3) falsification in any manner of any record of sale required by law (2) forgery or alteration of a prescription (1) fraud, deceit, misrepresentation, or subterfuge (A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by: Obtaining certain drugs, devices, preparations, or compounds by fraud or deceit. Persons selling certain articles to furnish samples for analysis.Įvery person offering or exposing for sale or delivering to a purchaser any drug or article of food or spirituous, fermented or malt liquor included under the provisions of Section 44-53-10, shall furnish to any analyst, or other officer or agent appointed hereunder who shall apply to him for the purpose and shall tender to him the value of the same, a sample sufficient for the purpose of analysis of any such drug, article of food or drink which is in his possession.
The term "drug" as used in Section 44-53-10 shall include all medicines for internal or external use.
The term "food" as used in Section 44-53-10 shall include every article used for food or drink by man, including all candies, teas, coffees and spirituous, fermented and malt liquors. It shall prepare rules and regulations with regard to the proper method of collecting and examining drugs. The Department shall adopt such measures as it may deem necessary to facilitate the enforcement of this chapter. For such purpose it may appoint inspectors, analysts and chemists who shall be subject to its supervision and removal. The Department of Health and Environmental Control shall take cognizance of the interest of the public health as it relates to the sale of drugs and the adulteration thereof and shall make all necessary inquiries and investigations relating thereto.
General powers of Department of Health and Environmental Control regarding controlled substances.
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