§ 21-31-3 - Prohibited acts.
SECTION 21-31-3
§ 21-31-3 Prohibited acts. – The following acts and the causing of those acts within the state of RhodeIsland are prohibited:
(1) The manufacture, sale, or delivery, or holding oroffering for sale of any food, drug, device, or cosmetic that is adulterated ormisbranded.
(2) The adulteration or misbranding of any food, drug,device, or cosmetic.
(3) The receipt in commerce of any food, drug, device, orcosmetic that is adulterated or misbranded, and the delivery or proferreddelivery of it for pay or otherwise.
(4) The sale, delivery for sale, holding for sale, oroffering for sale of any article in violation of § 21-31-12 or 21-31-16.
(5) The dissemination of any false advertisement.
(6) The refusal to permit entry or inspection, or to permitthe taking of a sample, as authorized by § 21-31-21.
(7) The giving of a guaranty of 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 and addressof, the person residing in the state of Rhode Island from whom he or shereceived in good faith the food, drug, device, or cosmetic.
(8) The removal or disposal of a detained or embargoedarticle in violation of § 21-31-6.
(9) The alteration, mutilation, destruction, obliteration, orremoval of the whole or any part of the labeling of, or the doing of any otheract with respect to, a food, drug, device, or cosmetic, if that act is donewhile the article is held for sale and results in the article's beingadulterated or misbranded.
(10) Forging, counterfeiting, simulating, or falselyrepresenting, or without proper authority using, any mark, stamp, tag, label,or other identification device authorized or required by regulationspromulgated under the provisions of this chapter.
(11) The using, on the labeling of any drug or in anyadvertisement relating to the drug, of any representation or suggestion thatany application with respect to the drug is effective under § 21-31-16, orthat the drug complies with the provisions of that section.
(12) The possession of any habit-forming, toxic, harmful, ornew drug subject to § 21-31-15(a)(11)(i) unless the possession of thatdrug has been obtained by a valid prescription of a practitioner licensed bylaw to administer those drugs; provided, that the provisions of thissubdivision shall not be applicable to the delivery of those drugs to personsincluded in any of the classes named below, or to the agents or employees ofthese persons, for use in the usual course of their official duties, as thecase may be, or to the possession of those drugs by these persons or theiragents or employees for that use: (A) pharmacists; (B) practitioners; (C)persons who procure the drugs for disposition by or under the supervision ofpharmacists or practitioners employed by them or for the purpose of lawfulresearch, teaching, or testing, and not for resale; (D) hospitals or otherinstitutions which procure the drugs for lawful administration bypractitioners; (E) officers or employees of federal, state, or localgovernments; (F) manufacturers and wholesalers lawfully engaged in sellingthose drugs to authorized persons; and (G) common carriers and warehouseoperators while engaged in lawfully transporting or storing the drugs forauthorized persons.
(ii) The possession of a drug under paragraph (i) of thissubdivision not properly labeled to indicate that possession is by a validprescription of a practitioner licensed by law to administer the drug by anyperson not exempted under this chapter shall be prima facie evidence that thepossession is unlawful; provided, that the provisions of this paragraph shallnot be applicable where a portion of the whole amount of a drug lawfullyobtained under the provisions of this chapter not in excess of an amountsufficient to meet the medical requirements of the patient in any twenty-four(24) consecutive hours, as indicated in the directions for use by thepractitioner prescribing or dispensing the drug, is possessed in a container tosuit the convenience of the patient.
(13) The sale of all unprocessed and/or uncooked fish,shellfish, and scallops by retail markets and other retailers without a labelindicating whether the fish, shellfish, or scallops have ever been frozen.
(14) The making, issuing, or uttering of any false or forgedprescription.
(15) The processing or selling or holding for sale of any"distressed merchandise" in this state without a permit from the director ofhealth.
(16) The holding, selling, or offering for sale of any food(or drug) which has been condemned or voluntarily disposed of by action of thedirector of health.
(17) Use of the term "native" unless used as defined in§ 21-31-2. The retail consumer has a right to know and the retailer shallprovide upon request the origin of nonnative uncooked and/or unprocessedshellfish and/or scallops.