Prohibited acts

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

  1. (1) The manufacture or sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated, misbranded, or abandoned;

  2. (2) The adulteration, misbranding, or abandoning of any food, drug, device, or cosmetic;

  3. (3) The receipt in commerce of any food, drug, device, or cosmetic knowing it to be adulterated, misbranded, or abandoned, and the delivery or proffered delivery thereof for pay or otherwise;

  4. (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of § 20-56-217;

  5. (5) The dissemination of any false advertisement;

  6. (6) The refusal to permit entry or inspection or to permit the taking of a sample, as authorized by § 20-56-220;

  7. (7) The giving of a guaranty or undertaking which 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 of Arkansas from whom he or she recieved in good faith the food, drug, device, or cosmetic;

  8. (8) The removal or disposal of a detained or embargoed article in violation of § 20-56-216;

  9. (9) 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, drug, device, or cosmetic if the act is done while the article is held for sale and results in the article’s being misbranded; and

  10. (10) Forging, counterfeiting, simulating, falsely representing or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules promulgated under the provisions of this subchapter.


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