Title 26, Chapter 3, Section 7
( 26-3-7)
A drug or device shall be deemed to be adulterated: (1)(A) If it consists in whole or in part of any filthy, putrid,
or decomposed substance; (B) If it has been produced, prepared, packed, or held under
unsanitary conditions whereby it may have been rendered
injurious to health; (C) If it is a drug and its container is composed in whole or in
part of any poisonous or deleterious substance which may render
the contents injurious to health; or (D) If it is a drug and it bears or contains for purposes of
coloring only a coal-tar color other than one from a batch
certified under the authority of the federal act; (2) If it purports to be or is represented as a drug the name of
which is recognized in an official compendium and its strength
differs from or its quality or purity falls below the standard set
forth in such compendium. Such determination as to strength,
quality, or purity shall be made in accordance with the tests or
methods of assay set forth in such compendium or, in the absence
of or inadequacy of such tests or methods of assay, those
prescribed under authority of the federal act. No drug defined in
an official compendium shall be deemed to be adulterated under
this paragraph because it differs from the standard of strength,
quality, or purity therefor set forth in such compendium if its
difference in strength, quality, or purity from such standard is
plainly stated on its label. Whenever a drug is recognized in both
the United States Pharmacopoeia and the Homeopathic Pharmacopoeia
of the United States, it shall be subject to the requirements of
the United States Pharmacopoeia unless it is labeled and offered
for sale as a homeopathic drug, in which case it shall be subject
to the provisions of the Homeopathic Pharmacopoeia of the United
States and not to those of the United States Pharmacopoeia; (3) If it is not subject to the provisions of paragraph (2) of
this Code section and its strength differs from or its purity or
quality falls below that which it purports or is represented to
possess; or (4) If it is a drug and any substance has been: (A) Mixed or packed therewith so as to reduce its quality or
strength; or (B) Substituted wholly or in part therefor. |