New Hampshire Revised Statutes 146:1 – Prohibited Acts
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The following acts and the causing thereof are hereby prohibited:
I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded.
II. The adulteration or misbranding of any food or drug, device or cosmetic.
III. The receipt in commerce of any food or drug, device or cosmetic, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
IV. The dissemination of any false advertisement.
V. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by N.H. Rev. Stat. § 146:11.
VI. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he received in good faith the food or drug, device or cosmetic.
VII. The removal or disposal of a detained or embargoed vehicle in violation of N.H. Rev. Stat. § 146:20.
VIII. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.
IX. 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 chapter. Provided that nothing in this section shall prevent the manufacture, or the possession by a wholesale dealer, of any article not in violation of the laws of another state, where satisfactory evidence is furnished that such article is manufactured or possessed exclusively for shipment to and consumption within that state.
X. The failure of the manufacturer, packer, or distributor of a prescription drug distributed or offered for sale to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.
XI. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control, or custody with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (1) hereof; or (3) Making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another of any likeness of any of the foregoing upon any drug, device or container thereof.
XII. [Repealed.]
I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded.
Terms Used In New Hampshire Revised Statutes 146:1
- advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. See New Hampshire Revised Statutes 146:2
- cosmetic: means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. See New Hampshire Revised Statutes 146:2
- drug: means (1) articles recognized in the official United States Pharmacopoeia, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3); but does not include devices or their components, parts, or accessories. See New Hampshire Revised Statutes 146:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- federal act: means the Federal Food, Drug and Cosmetic Act (Title 21 U. See New Hampshire Revised Statutes 146:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- food: means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. See New Hampshire Revised Statutes 146:2
- label: means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. See New Hampshire Revised Statutes 146:2
- labeling: means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. See New Hampshire Revised Statutes 146:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. The adulteration or misbranding of any food or drug, device or cosmetic.
III. The receipt in commerce of any food or drug, device or cosmetic, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
IV. The dissemination of any false advertisement.
V. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by N.H. Rev. Stat. § 146:11.
VI. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he received in good faith the food or drug, device or cosmetic.
VII. The removal or disposal of a detained or embargoed vehicle in violation of N.H. Rev. Stat. § 146:20.
VIII. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.
IX. 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 chapter. Provided that nothing in this section shall prevent the manufacture, or the possession by a wholesale dealer, of any article not in violation of the laws of another state, where satisfactory evidence is furnished that such article is manufactured or possessed exclusively for shipment to and consumption within that state.
X. The failure of the manufacturer, packer, or distributor of a prescription drug distributed or offered for sale to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.
XI. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control, or custody with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (1) hereof; or (3) Making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another of any likeness of any of the foregoing upon any drug, device or container thereof.
XII. [Repealed.]