TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 1

IDAHO FOOD, DRUG AND COSMETIC ACT

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 receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

(d)  The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 37-124 or 37-127;

(e)  The dissemination of any false advertisement;

(f)  The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 37-133;

(g)  The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state of Idaho from whom he received in good faith the food, drug, device, or cosmetic;

(h)  The removal or disposal of a detained or embargoed article in violation of section 37-118;

(i)  The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded;

(j)  Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this act;

(k)  The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under section 37-128, or that such drug complies with the provisions of such section.

History:

[37-115, added 1959, ch. 153, sec. 3, p. 351.]