19-02.1-02. Prohibited acts

19-02.1-02. Prohibited acts

The following acts and the causing thereof within the state of North Dakota are hereby

prohibited:

1. The manufacture, sale, or delivery, holding or offering for sale of any food, drug,

device, or cosmetic that is adulterated or misbranded.

2. The adulteration or misbranding of any food, drug, device, or cosmetic.

3. The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or

misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

4. The sale, delivery for sale, holding for sale, or offering for sale of any article in violation

of section 19-02.1-11 or 19-02.1-16.

5. The dissemination of any false advertisement.

6. The refusal to permit entry or inspection, or to permit the taking of a sample, as

authorized by section 19-02.1-21.

7. 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 of North Dakota

from whom the person received in good faith the food, drug, device, or cosmetic.

8. The removal or disposal of a detained or embargoed article in violation of section

19-02.1-05.

9. 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, drug, device, or

cosmetic, if such act is done while such article is held for sale and results in such

article being adulterated or misbranded.

10. 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 or of the federal act.

11. The using, on the labeling of any drug or in any advertisement relating to such drug, of

any representation or suggestion that an application with respect to such drug is

effective under section 19-02.1-16 or that such drug complies with the provisions of

such section.

12. In the case of a prescription drug distributed or offered for sale in this state, the failure

of the manufacturer, packer, or distributor thereof 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 subsection may be construed to exempt any person from any labeling

requirement imposed by or under other provisions of this chapter.

13. 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; 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 this subsection; or 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 or any

likeness of any of the foregoing upon any drug, device, or container thereof.

14. Dispensing or causing to be dispensed a different drug or brand of drug in place of the

g 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 or any

likeness of any of the foregoing upon any drug, device, or container thereof.

14. Dispensing or causing to be dispensed a different drug or brand of drug in place of the

drug or brand of drug ordered or prescribed without the express permission in each

case of the person ordering or prescribing.

15. The manufacture of drugs, or the supplying of drugs at wholesale or retail, unless a

license or permit to do so has first been obtained from the state board of pharmacy

after application to the state board of pharmacy and the payment of a fee set by the

state board of pharmacy.

16. The filling or refilling of any prescription in violation of subsection 1 of section

19-02.1-15.