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Pennsylvania Statutes Title 35 P.S. Health and Safety § 781. Adulterated drugs; sale prohibited

Current as of January 01, 2025 | Updated by Findlaw Staff

No person shall, within this State, manufacture for sale, offer for sale or sell, any drug which is adulterated within the meaning of this act. The term drug used herein shall include any medicinal substance or any preparation authorized or known in the “Pharmacopoeia of the United States,” or the “National Formulary,” or the American Homeopathic Pharmacopoeia, or the American Homeopathic Dispensatory.

A drug shall be deemed to be adulterated within the meaning of this act:

1. If any substance or substances have been mixed with it so as to depreciate and weaken its strength, purity or quality.

2. If any quality, substance or ingredient be abstracted so as to deteriorate or affect injuriously the quality or potency of the said drug.

3. If any inferior or cheaper substance or substances have been substituted in whole or part for it.

4. If it is an imitation or is sold under the name of another drug.

5. If the drug shall be so altered that the nature, quality, substance, commercial value or medicinal value of it will not correspond to the recognized formulae or tests of the latest edition of the “National Formulary,” or of the “Pharmacopoeia of the United States,” or the American Homeopathic Pharmacopoeia, or the American Homeopathic Dispensatory, regarding quality or purity.

On complaint being entered, the State Pharmaceutical Examining Board  1 is hereby empowered to employ an analyst or chemist expert, whose duty it shall be to examine into the so claimed adulteration and report upon the result of his investigation, and if said report justifies such action, the board shall duly cause the prosecution of the offender as provided in this law. Whoever violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined a sum not exceeding one hundred dollars, or undergo an imprisonment not exceeding ninety days, or both.

1 Now State Board of Pharmacy; see 63 P.S. § 390-6.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 781. Adulterated drugs; sale prohibited - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-781/

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