Section 146:1 Prohibited Acts.
The following acts and the causing thereof are hereby prohibited:
I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded.
II. The adulteration or misbranding of any food or drug, device or cosmetic.
III. The receipt in commerce of any food or drug, device or cosmetic, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
IV. The dissemination of any false advertisement.
V. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 146:11.
VI. 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 from whom he received in good faith the food or drug, device or cosmetic.
VII. The removal or disposal of a detained or embargoed vehicle in violation of RSA 146:20.
VIII. 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 or drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.
IX. 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 chapter. Provided that nothing in this section shall prevent the manufacture, or the possession by a wholesale dealer, of any article not in violation of the laws of another state, where satisfactory evidence is furnished that such article is manufactured or possessed exclusively for shipment to and consumption within that state.
X. The failure of the manufacturer, packer, or distributor of a prescription drug distributed or offered for sale to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.
XI. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control, or custody with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (1) hereof; or (3) Making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another of any likeness of any of the foregoing upon any drug, device or container thereof.
XII. [Repealed.]
Source. 1907, 48:1. PL 139:1. 1929, 45:1. RL 164:1. 1951, 25:4. 1953, 51:1. RSA 146:1. 1969, 164:1. 1981, 153:2, I, eff. July 28, 1981.