196.095. When drug or device adulterated. - Missouri Statutes

When drug or device adulterated.

196.095. A drug or device shall be deemed to be adulterated:

(1) If it consists in whole or in part of any filthy,putrid, or decomposed substance; or

(2) If it has been produced, prepared, packed, or held underinsanitary conditions whereby it may have been contaminated withfilth, or whereby it may have been rendered injurious to health;or

(3) If it is a drug and its container is composed in wholeor in part, of any poisonous or deleterious substance which mayrender the contents injurious to health; or

(4) If it is a drug and it bears or contains, for purposesof coloring only, a coal tar color other than one from a batchcertified under the authority of the federal act;

(5) If it purports to be or is represented as a drug thename of which is recognized in an official compendium, and itsstrength differs from, or its quality or purity falls below, thestandard set forth in such compendium. Such determination as tostrength, quality, or purity shall be made in accordance with thetests or methods of assay set forth in such compendium, or in theabsence of or inadequacy of such tests or methods of assay, thoseprescribed under authority of the federal act. No drug definedin an official compendium shall be deemed to be adulterated underthis subdivision because it differs from the standard ofstrength, quality, or purity therefor set forth in suchcompendium, if its difference in strength, quality, or purityfrom such standard is plainly stated on its label. Whenever adrug is recognized in both the United States Pharmacopoeia andthe Homeopathic Pharmacopoeia of the United States it shall besubject to the requirements of the United States Pharmacopoeiaunless it is labeled and offered for sale as a homeopathic drug,in which case it shall be subject to the provisions of theHomeopathic Pharmacopoeia of the United States and not to thoseof the United States Pharmacopoeia;

(6) If it is not subject to the provisions of subdivision(5) of this section and its strength differs from, or its purityor quality falls below, that which it purports or is representedto possess;

(7) If it is a drug and any substance has been mixed orpacked therewith so as to reduce its quality or strength, orsubstituted wholly or in part therefor.

(L. 1943 p. 559 § 9869)