Section 39-15-2 - Substandard drug sold under recognized name deemed adulterated--Lower standardsstated on container.
39-15-2. Substandard drug sold under recognized name deemed adulterated--Lower standards stated on container. For the purposes of this chapter a drug shall be deemed adulterated if, when sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity as determined by the test laid down in such pharmacopoeia or formulary, at the time of investigation; provided that no drug defined in such pharmacopoeia or formulary shall be deemed to be adulterated if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although such standard may differ from that determined by the test laid down by such pharmacopoeia or formulary.
Source: SL 1907, ch 151, § 35; SL 1909, ch 180, § 3; RC 1919, § 7852 (1); SL 1921, ch 238; SDC 1939, § 22.1102 (1).