65-657. Same; unlawful acts.
65-657
65-657. Same; unlawful acts.The following acts and the causing thereof within the state of Kansasare hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for sale ofany food, drug, device, or cosmetic that is adulterated or misbranded.
(b) The adulteration or misbranding of any food, drug, device, orcosmetic.
(c) The receipt in commerce of any food, drug, device, or cosmeticknowing it to be adulterated or misbranded, and the delivery or proffereddelivery thereof for pay or otherwise.
(d) The sale, delivery for sale, holding for sale, or offering for saleof any article in violation of K.S.A. 65-666.
(e) The dissemination of any false advertisement.
(f) The refusal to permit entry or inspection, or to permit the takingof a sample, as authorized by K.S.A. 65-674.
(g) The giving of a guaranty or undertaking which guaranty orundertaking is false, except by a person who relied on a guaranty orundertaking to the same effect signed by, and containing the name andaddress of the person residing in the United States from whom he receivedin good faith the food, drug, device, or cosmetic.
(h) The removal or disposal of a detained or embargoed article inviolation of K.S.A. 65-660.
(i) The alteration, mutilation, destruction, obliteration, or removal ofthe whole or any part of the labeling of, or the doing of any other actwith respect to a food, drug, device, or cosmetic, if such act is donewhile such article is held for sale and results in such article beingmisbranded.
(j) Forging, counterfeiting, simulating, or falsely representing, orwithout proper authority using any mark, stamp, tag, label, or otheridentification device authorized, or required by regulations promulgatedunder the provisions of this act.
(k) The using of any person to such person's own advantage,or revealing, otherthan to the administrator or officers or employees of the department ofhealth and environment or to the courts where relevant in anyjurisdictional proceeding under this act, any information acquired underauthority of this act concerning any method or process whichconstitutes a trade secret under the uniform trade secrets act (K.S.A.60-3320 et seq. and amendments thereto) and as a tradesecret is entitled to protection.
(l) The using, on the labeling of any drug or in any advertisementrelating to such drug, of any representation or suggestion that anapplication with respect to such drug is effective under K.S.A. 65-669a, asamended, or that such drug complies with the provisions of such section.
(m) In the case of a prescription drug distributed or offered for salein this state, the failure of the manufacturer, packer, or distributorthereof to maintain for transmittal, or to transmit, to any practitionerlicensed by applicable law to administer such drug who makes writtenrequest for information as to such drug, true and correct copies of allprinted matter which is required to be included in any package in whichthat drug is distributed or sold, or such other printed matter as isapproved under the federal act. Nothing in this paragraph shall beconstrued to exempt any person from any labeling requirement imposed by orunder other provisions of this act.
(n) (1) Placing or causing to be placed upon any drug or device orcontainer thereof, with intent to defraud, the trade name or otheridentifying mark, or imprint of another or any likeness of any of theforegoing; or (2) selling, dispensing, disposing of or causing to be sold,dispensed or disposed of or concealing or keeping in possession, control orcustody, with intent to sell, dispense or dispose of, any drug, device orany container thereof, with knowledge that the trade name or otheridentifying mark or imprint of another or any likeness of any of theforegoing has been placed thereon in a manner prohibited by subsection (1)hereof; or (3) making, selling, disposing of or causing to be made, sold ordisposed of or keeping in possession, control or custody, or concealing,with intent to defraud, any punch, die, plate, or other thing designed toprint, imprint, or reproduce that trade name or other identifying mark orimprint of another or any likeness of any of the foregoing upon any drug,device or container thereof.
(o) Dispensing or causing to be dispensed a different drug or brand ofdrug in place of the drug or brand of drug ordered or prescribed withoutthe express permission in each case of the person ordering or prescribing.
History: L. 1953, ch. 286, § 3; L. 1965, ch. 377, § 2; L. 1974,ch. 352, § 98;L. 2005, ch. 67, § 6; July 1.