Title 53, Food, Drugs And Cosmetics

(a) A food shall be deemed to be misbranded if:(1) Its labeling is false or misleading in any particular;(2) It is offered for sale under the name of another food;(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imi…

Food that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed is exempt from the affirmative labeling requirement of this chap…

(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104, to any drug or device pursuant to § 53-1-108, or to any cosmetic pursuant …

(1) A drug or device shall be deemed to be adulterated if:(1) (A) It consists, in whole or in part, of any filthy, putrid or decomposed substance;(B) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or wh…

(a) A drug or device shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular;(2) If in package form, unless it bears a label containing:(A) The name and place of business of the manufacturer, packer or distributor; and(B) An accurate statemen…

(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the drug has become effective under § 505 of the federal act. (b) This section shall not apply to:(1) A drug intended solely for investigational use by…

(1) A cosmetic shall be deemed to be adulterated if:(1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are c…

(1) A cosmetic shall be deemed to be misbranded if:(1) Its labeling is false or misleading in any particular;(2) In package form, unless it bears a label containing:(A) The name and place of business of the manufacturer, packer or distributor; and(B) An accurate statement of the …

(a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arterio…

(1) Notwithstanding any law or rule to the contrary, a food item, including, but not limited to, biscuits, sandwiches, salads, slaw, cookies, candy and other desserts, shall be exempt from the labeling requirements of this chapter if the food item is:(1) Made on site;(2) Sold at …

(a) (1) The term “catfish” shall not be used as a common name or brand name or used to advertise, distribute, or label any fish or fish product, except for those species within the definition of catfish set out in § 53-1-102.(2) It is a violation of this section to use the term “…

Any food service establishment, as defined in § 68-14-302, that sells imported catfish or imported catfish products, as defined in § 53-1-102, shall label such catfish or catfish products as “imported” on its menus.

(a) The good faith donor of an apparently usable feminine hygiene product to a bona fide charitable or nonprofit organization for free distribution to persons in need of the product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages ar…

(a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state, exc…

(a) A cell-cultured food product must not be labeled as meat or a meat food product, as those terms are defined in § 53-7-202. (b) This section does not prohibit a label indicating the species from which the cells for the cell-cultured food product were harvested, that the produc…

(a) The purpose of this section is to develop a voluntary program for the promotion of meat and byproducts from livestock raised in this state. (b) For purposes of this section, “livestock” means animals that are born, raised, and harvested in this state for use as food for human…

(a) Whenever an agent of the commissioner has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, the agent shall mark the article as “detained” or “embargoed”. It is a violation of this chapter for …

The commissioner may promulgate rules for the efficient enforcement of this chapter. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(a) The commissioner or the commissioner's agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any ve…

(a) (1) Except as provided in § 53-1-118, a person shall not manufacture, process, pack, or hold food for introduction into commerce unless the person holds a valid license issued by the commissioner.(2) (A) Applicants for licensure shall apply for the license on forms provided b…

(1) As used in this part:(1) “Administration” means the United States food and drug administration;(2) “Department” means the department of agriculture; and(3) “Standards” means the standards for the growing, harvesting, packing, and holding of produce for human consumption (21 C…

(a) The department is authorized to cooperate with the administration under the standards. (b) In furtherance of its responsibilities under this part the department may:(1) Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing t…

(a) No state funds shall be expended for the purposes of enforcing the standards against agricultural producers that only make sales of produce to:(1) The consumer of the produce; or(2) A restaurant or retail food establishment that is located in this state or not more than two h…