# Tenn. Code Ann. § 53-10-106: Adulterated drugs or devices

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-106

## Section

- **Citation:** Tenn. Code Ann. § 53-10-106
- **Heading:** Adulterated drugs or devices
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 53 / Chapter 10 / Section 53-10-106

## Text

(a) (1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited. (2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section. (b) The drugs or devices listed in subsection (a) are subject to seizure and subsequent destruction unless specifically exempted by the board of pharmacy. (c) Prior to the destruction of any drugs or devices deemed to be adulterated, the owner or person in legal possession of the drugs or devices shall be given written notice of the intent to destroy the drug or device and the reason for the destruction. (d) The owner or person in legal possession shall have ten (10) days from the receipt of the written notice to request in writing a hearing to show cause to the board why the drugs or devices are not within the purview of this section. Acts 1973, ch. 110, § 14; T.C.A., § 52-1209.
(a) (1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited. (2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section.
(1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited.
(2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section.
(b) The drugs or devices listed in subsection (a) are subject to seizure and subsequent destruction unless specifically exempted by the board of pharmacy.
(c) Prior to the destruction of any drugs or devices deemed to be adulterated, the owner or person in legal possession of the drugs or devices shall be given written notice of the intent to destroy the drug or device and the reason for the destruction.
(d) The owner or person in legal possession shall have ten (10) days from the receipt of the written notice to request in writing a hearing to show cause to the board why the drugs or devices are not within the purview of this section.
Acts 1973, ch. 110, § 14; T.C.A., § 52-1209.

## Nearby sections

- [Tenn. Code Ann. § 53-10-101 "Legend Drugs" defined](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-101.md)
- [Tenn. Code Ann. § 53-10-102 Application of part](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-102.md)
- [Tenn. Code Ann. § 53-10-103 Enforcement - Rules and regulations - Fines](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-103.md)
- [Tenn. Code Ann. § 53-10-104 Selling, bartering, giving away or obtaining legend drugs](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-104.md)
- [Tenn. Code Ann. § 53-10-105 Possession without prescription unlawful](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-105.md)
- [Tenn. Code Ann. § 53-10-106 Adulterated drugs or devices](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-106.md)
- [Tenn. Code Ann. § 53-10-107 Fines and fees to be paid to board of pharmacy](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-107.md)
- [Tenn. Code Ann. § 53-10-108 Violation - Penalty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-108.md)
- [Tenn. Code Ann. § 53-10-109 Prescription of certain stimulants for weight control prohibited](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-109.md)
- [Tenn. Code Ann. § 53-10-110 Contents of label - Damages in civil action](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-110.md)
- [Tenn. Code Ann. § 53-10-111 Requirements for filling prescriptions of prescribers who have died](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-111.md)
- [Tenn. Code Ann. § 53-10-112 Prevention of abuse of drugs dispensed by pharmacist](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-112.md)
- [Tenn. Code Ann. § 53-10-113 Off-label drug use](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-113.md)
- [Tenn. Code Ann. § 53-10-201 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-201.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T53_C10_S53-10-106. Check the current official text before relying on it. Not legal advice.