§ 106-122. Certain acts prohibited. - North Carolina Statutes

§ 106‑122.  Certainacts prohibited.

The following acts and the causing thereof within the State of NorthCarolina are hereby prohibited:

(1)        The manufacture, sale, or delivery, holding or offering forsale 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, orcosmetic that is adulterated or misbranded, and the delivery or proffereddelivery thereof for pay or otherwise.

(4)        The sale, delivery for sale, holding for sale, or offeringfor sale of any article in violation of G.S. 106‑131 or 106‑135.

(5)        The dissemination of any false advertisement.

(6)        The refusal to permit entry or inspection, or to permit thetaking of a sample, or to permit access to or copying of any record asauthorized by G.S. 106‑140.

(7)        The giving of a guaranty or undertaking which guaranty orundertaking is false, except by a person who relied on a guaranty orundertaking to the same effect signed by, and containing the name and addressof the person residing in the State of North Carolina from whom he received ingood faith the food, drug, device or cosmetic.

(8)        The removal or disposal of a detained or embargoed articlein violation of G.S. 106‑125.

(9)        The alteration, mutilation, destruction, obliteration, orremoval of the whole or any part of the labeling of, or the doing of any otheract with respect to, a food, drug, device or cosmetic, if such act is donewhile such article is held for sale and results in such article beingmisbranded or adulterated.

(10)      Forging, counterfeiting, simulating, or falsely representing,or without proper authority using any mark, stamp, tag, label or otheridentification device authorized or required by regulations promulgated underthe provisions of this Article.

(11)      The using, on the labeling of any drug or in anyadvertisement relating to such drug, of any representation or suggestion thatan application with respect to such drug is effective under G.S. 106‑135,or that such drug complies with the provisions of such section.

(12)      The sale at retail of any food for which a definition andstandard of identity for enrichment with vitamins, minerals or other nutrientshas been promulgated by the Board, unless such food conforms to such definitionand standard, or has been specifically exempted from same by the Board.

(13)      The distribution in commerce of a consumer commodity, asdefined in this Article, if such commodity is contained in a package, or if thereis affixed to that commodity a label, which does not conform to the provisionsof this Article and regulations promulgated under authority of this Article;provided, however, that this prohibition shall not apply to persons engaged inbusiness as wholesale or retail distributors of consumer commodities except tothe extent that such persons:

a.         Are engaged in the packaging or labeling of suchcommodities; or

b.         Prescribe or specify by any means the manner in which suchcommodities are packaged or labeled.

(14)      The using by any person to his own advantage, or revealing,other than to the Commissioner or authorized officers or employees of theDepartment, or to the courts when relevant in any judicial proceeding underthis Article, any information acquired under authority of this Articleconcerning any method or process which as a trade secret is entitled toprotection.

(15)      In the case of a prescription drug distributed or offered forsale in this State, the failure of the manufacturer, packer, or distributorthereof to maintain for transmittal, or to transmit, to any practitionerlicensed by applicable law to administer such drug within the normal course ofprofessional practice, who makes written request for information as to suchdrug, true and correct copies of all printed matter which is required to beincluded in any package in which that drug is distributed or sold, or suchother printed matter as is approved under the federal act. Nothing in thisparagraph shall be construed to exempt any person from any labeling requirementimposed by or under other provisions of this Article.

(16)      a.         Placing or causing to be placedupon any drug or device or container thereof, with intent to defraud, the tradename or other identifying mark, or imprint of another or any likeness of any ofthe foregoing; or

b.         Selling, dispensing, disposing of or causing to be sold,dispensed or disposed of, or concealing or keeping in possession, control orcustody, with intent to sell, dispense or dispose of, any drug, device or anycontainer thereof, with knowledge that the trade name or other identifying markor imprint of another or any likeness of any of the foregoing has been placedthereon in a manner prohibited by subsection (a) of this section; or

c.         Making, selling, or disposing of; causing to be made, soldor disposed of; keeping in possession, control or custody; or concealing anypunch, die, plate, stone, or other thing designed to print, imprint, orreproduce the trademark, trade name, or other identifying mark, imprint, ordevice of another or any likeness of any of the foregoing upon any drug orcontainer or labeling thereof so as to render such drug a counterfeit drug.

(17)      The doing of any act which causes a drug to be a counterfeitdrug, or the sale or dispensing, or the holding for sale or dispensing of acounterfeit drug.

(18)      Dispensing or causing to be dispensed a different drug inplace of the drug ordered or prescribed without the express permission of theperson ordering or prescribing.

(19)      The acquiring or obtaining or attempting to acquire or obtainany drug subject to the provisions of G.S. 106‑134.1(a)(3) or (4) byfraud, deceit, misrepresentation, or subterfuge, or by forgery or alteration ofa prescription, or by the use of a false name, or the giving of a falseaddress. (1939, c. 320, s.3; 1975, c. 614, ss. 3‑5.)