Terms Used In Louisiana Revised Statutes 40:636

  • Cosmetic: includes all substances and preparations intended for cleansing, altering the appearance of, or promoting the attractiveness of a person. See Louisiana Revised Statutes 40:602
  • Department: means the Louisiana Department of Health and "secretary" means the secretary thereof. See Louisiana Revised Statutes 40:602
  • Device: includes all devices intended for use in diagnosis, treatment, or prevention of disease in man or beast, or intended to affect the structure of any function of the body. See Louisiana Revised Statutes 40:602
  • Drug: includes all substances and preparations recognized in the official compendium, as herein defined. See Louisiana Revised Statutes 40:602
  • Food: includes all substances and preparations used for or entering into the composition of food, drink, confectionery, chewing gum, or condiment for man or beast. See Louisiana Revised Statutes 40:602
  • Label: means the principal display or displays of written, printed, or graphic matter upon any food, drug, device, or cosmetic, or the immediate container thereof, or upon the outside container or wrapper, if any, of the retail package of any food, drug, device, or cosmetic. See Louisiana Revised Statutes 40:602
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

The following acts and the causing thereof are prohibited:

(1)  The introduction or delivery for introduction into commerce of any food, drug, device, or cosmetic that is adulterated or misbranded.  

(2)  The adulteration, or misbranding, of any food, drug, device, or cosmetic in commerce.  

(3)  The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof in the original unbroken package for pay or otherwise.  

(4)  The forging, counterfeiting, simulating, or falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this Part.  

(5)  The possession in any place where sales or service is made to the public of any food, drug, device or cosmetic that is adulterated or misbranded.  

(6)  The using by any person to his own advantage, or the revealing, other than to the department, its officers or employees, or to the courts when relevant in the trial of any case under this Part, any information acquired under authority of La. Rev. Stat. 40:612 through La. Rev. Stat. 40:615 or La. Rev. Stat. 40:631 concerning any method or process which, as a trade secret, is entitled to protection.  

Amended by Acts 1952, No. 482, §1; Acts 1978, No. 786, §5, eff. July 17, 1978.