# Idaho Code § 37-117: 37-117 VIOLATIONS — PENALTY — EXCEPTIONS > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117 ## Section - **Citation:** Idaho Code § 37-117 - **Heading:** 37-117 VIOLATIONS — PENALTY — EXCEPTIONS - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 37 / Chapter 1 / Section 37-117 ## Text 37-117. Violations — Penalty — Exceptions. (1) (a) Any person who intentionally adulterates a drug that is held for sale or distribution, or that is to be administered or dispensed, shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years or a fine of not more than fifty thousand dollars ($50,000), or both. (b) Any health care provider who, with knowledge that a drug has been adulterated, permits that drug to be administered or dispensed to a person shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years, or a fine of not more than fifty thousand dollars ($50,000), or both. For the purposes of this subsection, the term "health care provider" shall be defined as any person licensed in this state to prescribe, dispense, conduct research with respect to, or administer drugs in the course of professional practice and any unlicensed person, who, as part of such person's employment or profession, provides health care services. (c) The determination of whether or not a drug has been adulterated shall be made in accordance with the provisions of section 37-126, Idaho Code. (2) Any person who violates any of the provisions of this act or of rules promulgated by the board of health and welfare thereunder or who interferes with the director of the department of health and welfare or the personnel of the department in the administration of this act shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six (6) months or a fine of not more than five hundred dollars ($500), or both such imprisonment and fine, but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than one thousand dollars ($1000), or both such imprisonment and fine. (3) No person shall be subject to the penalties of subsection (2) of this section, for having violated section 37-115 (a) or (c), Idaho Code, if he establishes a guaranty or undertaking 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 article, to the effect that such article is not adulterated or misbranded within the meaning of this act, designating this act. (4) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the director to furnish him the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Idaho who causes him to disseminate such advertisement. History: [37-117, added 1959, ch. 153, sec. 5, p. 351; am. 1974, ch. 23, sec. 16, p. 633; am. 2002, ch. 231, sec. 1, p. 661.] ## Nearby sections - [Idaho Code § 37-113 37-113 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-113.md) - [Idaho Code § 37-114 37-114 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-114.md) - [Idaho Code § 37-115 37-115 PROHIBITED ACTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-115.md) - [Idaho Code § 37-116 37-116 INJUNCTIONS AUTHORIZED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-116.md) - [Idaho Code § 37-117 37-117 VIOLATIONS — PENALTY — EXCEPTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117.md) - [Idaho Code § 37-117A 37-117A REPORTING AND DISCLOSURE REQUIREMENTS FOR EMPLOYMENT RELATED ADULTERATION OR MISAPPROPRIATION OF CERTAIN DRUGS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117A.md) - [Idaho Code § 37-118 37-118 TAGGING AND DETENTION OF ARTICLE OR PRODUCT SUSPECTED OF BEING ADULTERATED OR MISBRANDED — EMBARGO AND CONDEMNATION UNDER CERTAIN CONDITIONS AND BY CERTAIN PROCEDURES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-118.md) - [Idaho Code § 37-119 37-119 PROSECUTIONS OF VIOLATIONS — RIGHT OF PARTY TO NOTICE AND PRESENTATION OF VIEWS PRIOR TO PROSECUTION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-119.md) - [Idaho Code § 37-121 37-121 PROMULGATION OF REASONABLE STANDARDS BY BOARD.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-121.md) - [Idaho Code § 37-122 37-122 FOOD DEEMED ADULTERATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-122.md) - [Idaho Code § 37-123 37-123 FOOD DEEMED MISBRANDED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-123.md) - [Idaho Code § 37-124 37-124 CONTAMINATION OF FOOD WITH MICROORGANISMS — PERMIT REGULATIONS — ACCESS TO FACTORY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-124.md) - [Idaho Code § 37-125 37-125 POISONOUS OR DELETERIOUS SUBSTANCE — REGULATIONS AS TO USE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-125.md) - [Idaho Code § 37-126 37-126 DRUGS OR DEVICES DEEMED ADULTERATED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-126.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T37_C1_S37-117. 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