reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-27. - Penalties.

§ 21-28.11-27. Penalties.
(a)
Every person who engages in any activity regulated by this chapter without a license or registration required by the provisions of this chapter may be prosecuted and punished pursuant to the provisions of chapter 28 of this title (the “uniform controlled substances act”) or other applicable law.
(b)
Every person who engages in any activity in violation of § 21-28.11-22 may be prosecuted and punished pursuant to the provisions of chapter 28 of this title (the uniform controlled substances act).
(c)
Except as otherwise provided in this chapter, any person licensed pursuant to this chapter or acting as an agent for an entity licensed pursuant to this chapter shall be guilty of a felony and may be imprisoned not more than five (5) years and fined not more than ten thousand dollars ($10,000), or both and shall forfeit any licenses pursuant to this chapter if that person knowingly and willfully:
(1)
By fraud, deceit, or misrepresentation or subterfuge materially omits or falsifies any information related to: (i) The application for a license or renewal of a license to be issued pursuant to this chapter; or (ii) Any report, notice or filing required to be submitted to the commission, the cannabis office, the tax administrator or the department of revenue; or
(2)
Knowingly and willfully transfers cannabis to a minor in violation of the provisions of this chapter and chapter 28.6 of this title.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-27.1. - No minors on the premises of marijuana establishments.

§ 21-28.11-27.1. No minors on the premises of marijuana establishments.
A cannabis establishment shall not allow any person who is under twenty-one (21) years of age to be present inside any room where cannabis or cannabis products are stored, produced, or sold by the cannabis establishment unless the person who is under twenty-one (21) years of age is:
(1)
A government employee performing their official duties; or
(2)
If the cannabis establishment is a hybrid cannabis retailer that also holds a compassion center license pursuant § 21-28.6-12 for the same licensed premises and the individual under twenty-one (21) years of age is a qualifying patient registered under chapter 28.6 of this title and the retail establishment complies with applicable regulations promulgated by the commission.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-27.2. - Drug awareness program.

§ 21-28.11-27.2. Drug awareness program.
The department of behavioral healthcare, development disabilities and hospitals (BHDDH) shall develop substance abuse prevention programs and student assistance programs for youth pursuant to chapters 21.2 and 21.3 of title 16, and in accordance with the criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a). The drug awareness program shall provide at least four (4) hours of classroom instruction or group discussion and ten (10) hours of community service.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-28. - Liability to state under this chapter as debt.

§ 21-28.11-28. Liability to state under this chapter as debt.
Any liability to the state under this chapter shall constitute a debt to the state. Once a statement of debt naming a licensee is recorded, registered or filed, any such debt shall constitute a lien on all commercial property owned by a licensee in the state and shall have priority over an encumbrance recorded, registered or filed with respect to any site.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-30. - Employer’s duties.

§ 21-28.11-30. Employer’s duties.
Nothing in this chapter shall be construed to preempt or limit the duties of any employer under applicable law, or shall permit an employer to require an employee to disclose sealed or expunged offenses, unless otherwise required by law.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-32. - Severability.

§ 21-28.11-32. Severability.
If any provision of this chapter or its application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-29.1 - Re-Use of Syringes › Section 21-29.1-1. - Re-use of syringes prohibited.

§ 21-29.1-1. Re-use of syringes prohibited.
All facilities or persons legally entitled to use disposable syringes and needles including, but not limited to, hospitals and physicians, shall destroy them after one use. Any violation of the provisions of this section shall constitute a misdemeanor.
History of Section.
P.L. 1972, ch. 194, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-1. - Distribution in streets or from house to house prohibited.

§ 21-30-1. Distribution in streets or from house to house prohibited.
No person shall, by himself or herself or by his or her servant or agent, sell, distribute, or give away in any street or highway or from house to house any bottle, box, envelope, or package containing any liquid medicine or any pills, powder, tablets, or other article which contains any drug or poison; provided, that the provisions of this section shall not apply to any person acting as a member, officer, or agent of any pharmaceutical house in the distribution of samples of its products to physicians. Any person, whether acting for himself or herself or for another, or as member, officer, or agent of any partnership or corporation, who shall violate any of the provisions of this section shall be fined not more than fifty dollars ($50.00), or imprisoned not more than one year, or both.
History of Section.
P.L. 1913, ch. 938, §§ 1, 2; G.L. 1923, ch. 168, §§ 23, 24; G.L. 1938, ch. 274, §§ 1, 2; G.L. 1956, § 21-30-1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-2. - Prosecution of violations.

§ 21-30-2. Prosecution of violations.
It shall be the duty of the department of health to prosecute any person, firm, or corporation violating the provisions of § 21-30-1, and the director or any other duly authorized agent of the department making a complaint shall not be required to give surety for the payment of costs.
History of Section.
P.L. 1913, ch. 938, § 4; P.L. 1916, ch. 1337, § 1; G.L. 1923, ch. 168, § 25; G.L. 1938, ch. 274, § 3; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-30-2.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-3. - Labeling of wood alcohol.

§ 21-30-3. Labeling of wood alcohol.
Any person who sells, exchanges, or delivers to another person any wood alcohol, sometimes known as methyl alcohol, shall affix to the vessel or container holding the wood alcohol a label bearing the words, “Wood alcohol poison,” printed or written on the vessel or container in letters not less than one-fourth of an inch (¼") in height, and in addition the words “it is unlawful to use this fluid in any article of food or drink, or in any medicinal or toilet preparation, intended to be used internally or externally,” printed or written on the vessel or container in letters not less than one-eighth of an inch (⅛") in height. Any person violating the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
History of Section.
P.L. 1912, ch. 834, § 1; P.L. 1915, ch. 1183, § 1; G.L. 1923, ch. 168, § 26; G.L. 1938, ch. 274, § 4; G.L. 1956, § 21-30-3.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-4. - Sale or possession of wood alcohol with unlawful intent.

§ 21-30-4. Sale or possession of wood alcohol with unlawful intent.
Any person who sells, exchanges, or delivers or has in his or her possession with intent to sell, exchange, or deliver any article of food or drink, or any drug, intended for external or internal use, or perfumes or toilet articles, containing any wood alcohol, sometimes known as methyl alcohol, shall be punished by a fine of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500), or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
History of Section.
P.L. 1912, ch. 834, § 2; P.L. 1915, ch. 1183, § 1; G.L. 1923, ch. 168, § 27; G.L. 1938, ch. 274, § 5; G.L. 1956, § 21-30-4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-5. - Prosecution of violations.

§ 21-30-5. Prosecution of violations.
It shall be the duty of the department of health to prosecute any person, firm, or corporation violating the provisions of §§ 21-30-3 and 21-30-4, and the director of the department, or any duly authorized agent of the director, may make complaint for the violation of those sections, and the director or agent making the complaint shall not be required to give surety for the payment of costs.
History of Section.
P.L. 1915, ch. 1183, § 2; G.L. 1923, ch. 168, § 28; G.L. 1938, ch. 274, § 6; impl. am. P.L. 1939, ch. 660, § 180; G.L. 1956, § 21-30-5.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-6. - Labeling of poisons — Registration of sales — Prescriptions.

§ 21-30-6. Labeling of poisons — Registration of sales — Prescriptions.
No person shall sell, either by wholesale or retail, any of the poisons enumerated in § 21-30-7, without distinctly labeling the bottle, box, vessel, or paper and wrapper or cover in which the poison is contained with the name of the article, the word “poison,” and the name and place of business of the seller; and every registered pharmacist selling or dispensing any of these poisons shall first enter in a book, to be kept for that purpose only, and subject always to inspection by the board of pharmacy or any officer or agent of the board or other proper authority, and to be preserved for at least five (5) years, a record of the sale or dispensing; provided, that if any of the poisons form a part of the ingredients of any medicine or medicines compounded in accordance with the written prescription of a medical practitioner, the medicine need not be labeled with the word “poison”; but all prescriptions, whether or not composed in part or in whole of any of these ingredients, shall be carefully kept by the pharmacist on a file or in a book used for that purpose only and numbered in the order in which they are received or dispensed, and every box, bottle, vial, vessel, or packet containing medicines so dispensed shall be labeled with the name and place of business of the registered pharmacist so dispensing the medicine, and be numbered with a number corresponding with that on the original prescription retained by the pharmacist on the book or file. The prescriptions shall be preserved at least five (5) years and shall be open to the inspection of the writer of them, and a copy shall be furnished free of expense whenever demanded by either the writer or the purchaser.
History of Section.
G.L. 1896, ch. 152, § 9; G.L. 1909, ch. 178, § 11; G.L. 1923, ch. 167, § 11; G.L. 1938, ch. 276, § 11; impl. am. P.L. 1948, ch. 2040, § 1; G.L. 1956, § 21-30-6; P.L. 2002, ch. 292, § 63.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-7. - Poisons subject to labeling and registration.

§ 21-30-7. Poisons subject to labeling and registration.
The following substances are poisons subject to labeling as provided in § 21-30-6:
(1)
Arsenic and its preparations.
(2)
Carbolic acid.
(3)
Corrosive sublimate.
(4)
Cotton root and its preparations.
(5)
Cyanide of potassium.
(6)
Ergot and its preparations.
(7)
Hydrocyanic acid.
(8)
Opium and its preparations, paregoric excepted.
(9)
Oxalic acid.
(10)
Savin.
(11)
Strychnia.
(12)
Volatile oil of bitter almonds, of pennyroyal, of savin, and of tansy.
(13)
Proprietary or secret medicines recommended, sold or advertised as emmenagogues and parturients.
History of Section.
G.L. 1896, ch. 152, § 10; G.L. 1909, ch. 178, § 12; P.L. 1912, ch. 841, § 7; G.L. 1923, ch. 167, § 12; G.L. 1938, ch. 276, § 12; G.L. 1956, § 21-30-7; P.L. 2002, ch. 292, § 63.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-30 - Drugs and Poisons Generally › Section 21-30-9. - Adulteration of drugs.

§ 21-30-9. Adulteration of drugs.
Every person who shall knowingly adulterate, or cause to be mixed with any foreign or inert substance, any drug or medicinal substance, or any compound medicinal preparation recognized by the pharmacopoeia of the United States or of other countries, as employed in medicinal practice, with the effect of weakening or destroying its medicinal power, or who shall sell the adulterated drug knowing it to be adulterated shall, in addition to the penalties prescribed in §§ 21-30-1 and 21-31-5, forfeit to the use of the state all adulterated articles found in that person’s possession and shall be deprived of the right of practicing as a pharmacist in this state after this. Whenever a complaint shall be made of any violation of the provisions of this section, the board of pharmacy, on being notified of it, shall investigate the complaint, employing competent persons when necessary to make analysis of the articles alleged to be adulterated; and if the complaint shall be substantiated, the board shall assist in prosecuting the respondent.
History of Section.
G.L. 1896, ch. 152, § 10; G.L. 1909, ch. 178, § 12; P.L. 1912, ch. 841, § 7; G.L. 1923, ch. 167, § 12; G.L. 1938, ch. 276, § 12; impl. am. P.L. 1948, ch. 2040, § 1; G.L. 1956, § 21-30-9.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-1. - Short title.

§ 21-31-1. Short title.
This chapter may be cited as the “Rhode Island Food, Drugs, and Cosmetics Act.”
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-4. - Injunctions authorized.

§ 21-31-4. Injunctions authorized.
In addition to the remedies provided in this chapter the director of health is authorized to apply to the superior court for, and the court shall have jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of § 21-31-3, irrespective of whether or not there exists an adequate remedy at law.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-5. - Violations of chapter — Penalty — Exceptions.

§ 21-31-5. Violations of chapter — Penalty — Exceptions.
(a)
Any person who violates any of the provisions of § 21-31-3 shall be guilty of a misdemeanor and on conviction shall be subject to imprisonment for not more than six (6) months or a fine of not more than five hundred dollars ($500), or both imprisonment and fine; but if the violation is committed after a conviction of that person under this section has become final, the person shall be subject to imprisonment for not more than one year or a fine of not more than one thousand dollars ($1,000), or both that imprisonment and fine.
(b)
No person shall be subject to the penalties of subsection (a) of this section for having violated § 21-31-3(1) or (3) if that person establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the state of Rhode Island from whom the person received the article in good faith, to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.
(c)
No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by that person of a false advertisement, unless he or she has refused the request of the director of health to furnish the director of health the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the state of Rhode Island who caused the person to disseminate the false advertisement.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-7. - Violations reported to attorney general — Notice and hearing on violation.

§ 21-31-7. Violations reported to attorney general — Notice and hearing on violation.
It shall be the duty of the attorney general, to whom the director of health reports any violation of this chapter, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this chapter, except those violations which involve attempts to procure or procurement of drugs by unlawful means, or the unlawful manufacture, possession, sale, barter, gift, transfer, or delivery in any manner to another of a drug as defined in this chapter, is reported to the attorney general for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and opportunity to present his or her views before the director of health or the director’s designated agent, either orally or in writing in person, or by attorney, with regard to the contemplated proceeding.
History of Section.
P.L. 1959, ch. 56, § 1; P.L. 1975, ch. 267, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-8. - Notice of minor violations — Warnings.

§ 21-31-8. Notice of minor violations — Warnings.
Nothing in this chapter shall be construed as requiring the director of health to report for the institution of proceedings under this chapter minor violations of this chapter, whenever the director of health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-9. - Promulgation of reasonable standards by director.

§ 21-31-9. Promulgation of reasonable standards by director.
Whenever in the judgment of the director of health an action will promote honesty and fair dealing in the interest of consumers, the director of health shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the director of health shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Act.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-10. - Adulterated food.

§ 21-31-10. Adulterated food.
A food shall be deemed to be adulterated:
(1)
If: (i) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance the food shall not be considered adulterated under this clause if the quantity of that substance in the food does not ordinarily render it injurious to health; (ii) it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of § 21-31-13; (iii) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is unfit for food; (iv) it has been produced, prepared, packed, or held under unsanitary conditions by which it may have become contaminated with filth, or by which it may have been rendered diseased, unwholesome, or injurious to health; (v) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (vi) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(2)
If: (i) any valuable constituent has been in whole or in part omitted or abstracted from it; (ii) any substance has been substituted wholly or in part for it; (iii) damage or inferiority has been concealed in any manner; or (iv) any substance has been added to it or mixed or packed with it so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.
(3)
If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-tenths of one percent (0.4%), harmless natural gum, or pectin; provided, that this subdivision shall not apply to any confectionery by reason of its containing less than one-half of one percent (.5%) by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.
(4)
If it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the Federal Act.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-12. - Contamination of food with microorganisms — Suspension of permit — Inspection.

§ 21-31-12. Contamination of food with microorganisms — Suspension of permit — Inspection.
(a)
Whenever the director of health finds after investigation that the distribution in Rhode Island of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing of it in any locality, be injurious to health, and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and only in that case, shall promulgate regulations providing for the issuance, to manufacturers, processors, or packers of that class of food in the locality, of permits to which shall be attached any conditions governing the manufacture, processing, or packing of that class of food, and for any temporary period of time that may be necessary to protect the public health; and after the effective date of the regulations and during the temporary period, no person shall introduce or deliver for introduction into commerce that food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the director of health as provided by regulation.
(b)
The director of health is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit suspended shall be privileged at any time to apply for the reinstatement of the permit, and the director of health shall, immediately after a prompt hearing and inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued, or as amended.
(c)
Any officer or employee duly designated by the director of health shall have access to any factory or establishment, the operator of which holds a permit from the director of health, for the purpose of ascertaining whether or not the conditions of the permit are being complied with, and denial of access for the inspection shall be ground for suspension of the permit until access is freely given by the operator.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-13. - Poisonous or deleterious substance — Regulations as to use.

§ 21-31-13. Poisonous or deleterious substance — Regulations as to use.
(a)
Any poisonous or deleterious substance added to any food, except where the substance is required in the production of it or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii); but when a substance is required or cannot be avoided, the director of health shall promulgate regulations limiting the quantity in it or on it to the extent that the director of health finds necessary for the protection of public health, and any quantity exceeding the limits fixed shall also be deemed to be unsafe for purposes of the application of § 21-31-10(1)(ii). While a regulation is in effect limiting the quantity of any substance in the case of any food, that food shall not, by reason of bearing or containing any added amount of the substance, be considered to be adulterated within the meaning of § 31-21-10(1)(i). In determining the quality of the added substance to be tolerated in or on different articles of food, the director of health shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.
(b)
To assist the director in carrying out his or her responsibilities under this section, the director is authorized to collect food samples and to provide laboratory analyses to further the purposes of this chapter.
History of Section.
P.L. 1959, ch. 56, § 1; P.L. 1984, ch. 73, § 2; P.L. 1988, ch. 280, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-14. - Adulterated drug or device.

§ 21-31-14. Adulterated drug or device.
A drug or device shall be deemed to be adulterated:
(1)
If: (i) it consists in whole or in part of any filthy, putrid, or decomposed substance; (ii) it has been produced, prepared, packed, or held under unsanitary conditions by which it may have been contaminated with filth, or by which it may have been rendered injurious to health; (iii) it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (iv) it is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the Federal Act.
(2)
If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium. A determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence of or inadequacy of the tests or methods of assay, those prescribed under authority of the Federal Act. No drug defined in an official compendium shall be deemed to be adulterated under this subdivision because it differs from the standard of strength, quality, or purity set forth in an official compendium, if its difference in strength, quality, or purity from the standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States it shall be subject to the requirements of the United States Pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia.
(3)
If it is not subject to the provisions of subdivision (2) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.
(4)
If it is a drug and any substance has been: (i) mixed or packed with it so as to reduce its quality or strength; or (ii) substituted wholly or in part for it.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-16. - Sale of new drugs — Regulations and procedure — Exceptions.

§ 21-31-16. Sale of new drugs — Regulations and procedure — Exceptions.
(a)
No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: (1) an application with respect to the new drug has become effective under § 505 of the Federal Act, 21 U.S.C. § 355; or (2) when not subject to the Federal Act unless the drug has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling of it, and prior to selling or offering for sale the drug, there has been filed with the director of health an application setting forth: (i) full reports of investigations which have been made to show whether or not the drug is safe for use; (ii) a full list of the articles used as components of the drug; (iii) a full statement of the composition of the drug; (iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of the drug; (v) any samples of the drug and of the articles used as components of it that the director of health may require; and (vi) specimens of the labeling proposed to be used for the drug.
(b)
An application provided for in subdivision (a)(2) of this section shall become effective on the sixtieth (60th) day after the filing of it, except that if the director of health finds after due notice to the applicant and giving the applicant an opportunity for a hearing that the drug is not safe for use under the conditions prescribed, recommended, or suggested in its proposed labeling, the director shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.
(c)
This section shall not apply:
(1)
To a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs provided the drug is plainly labeled “For investigational use only”;
(2)
To a drug sold in this state at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the Federal Act; or
(3)
To any drug licensed under 42 U.S.C. § 262.
(d)
An order refusing to permit an application under this section to become effective may be revoked by the director of health.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-17. - Adulterated cosmetics.

§ 21-31-17. Adulterated cosmetics.
A cosmetic shall be deemed to be adulterated:
(1)
If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in its labeling or advertisement, or under any conditions of use that are customary or usual; provided, that this provision shall not apply to coal tar hair dye, the label of which bears the following legend conspicuously displayed on it: “Caution — This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness,” and the labeling of which bears adequate directions for that preliminary testing. For the purpose of this subdivision and subdivision (5) of this section the term “hair dye” does not include eyelash dyes or eyebrow dyes.
(2)
If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(3)
If it has been produced, prepared, packed, or held under unsanitary conditions by which it may have become contaminated with filth, or by which it may have been rendered injurious to health.
(4)
If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(5)
If it is not a hair dye and it bears or contains a coal tar color other than one from a batch that has been certified under authority of the Federal Act.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-18. - Misbranded cosmetics.

§ 21-31-18. Misbranded cosmetics.
A cosmetic shall be deemed to be misbranded:
(1)
If its labeling is false or misleading in any way.
(2)
If in package form unless it bears a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under paragraph (ii) of this subdivision reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the director of health.
(3)
If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on it with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(4)
If its container is made, formed, or filled as to be misleading.
(5)
If its packaging or labeling is in violation of an applicable regulation issued pursuant to § 23-24.1-3 or 23-24.1-4 of the Poison Prevention Packaging Act.
History of Section.
P.L. 1959, ch. 56, § 1; P.L. 1977, ch. 90, § 4.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-19. - False advertising.

§ 21-31-19. False advertising.
(a)
An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)
For the purpose of this chapter the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright’s disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices; provided, that whenever the director of health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the director of health shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for that disease, subject to any conditions and restrictions that the director of health may deem necessary in the interests of public health; provided, that this subsection shall not be construed as indicating that self-medication for diseases other than those named in this section is safe and efficacious.
History of Section.
P.L. 1959, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-20. - Regulations promulgated by director — Hearing — Notice.

§ 21-31-20. Regulations promulgated by director — Hearing — Notice.
(a)
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the director of health. The director of health is authorized to make the regulations promulgated under this chapter conform, insofar as practicable, with those promulgated under the federal act.
(b)
Hearings authorized or required by this chapter shall be conducted by the director of health or any officer, agent, or employee that the director of health may designate for the purpose.
(c)
Before promulgating any regulations contemplated by § 21-31-9, 21-31-11(10), 21-31-12, 21-31-15(a)(4), (6), (7), (8) and (11), or 21-31-19(b), the director of health shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation promulgated shall become effective on a date fixed by the director of health (which date shall not be prior to thirty (30) days after its promulgation). The regulation may be amended or repealed in the same manner as is provided for its adoption, except that in the case of a regulation amending or repealing any regulation the director of health, to the extent that the director deems necessary in order to prevent undue hardship, may disregard the provisions regarding notice, hearing, or effective date in this subsection.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-21. - Inspection of establishments.

§ 21-31-21. Inspection of establishments.
(a)
The director of health or the director’s duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or other establishment, except as otherwise provided in subsection (b), in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold the foods, drugs, devices, or cosmetics in commerce, for the purpose:
(1)
Of inspecting the factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; and
(2)
To secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for the sample. It shall be the duty of the director of health to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this chapter is being violated.
(b)
The director of health, the members of the state board of pharmacy, and the pharmacy inspectors and the narcotics inspectors in the department of health shall make the inspections and secure the samples of specimens and enforce the provisions of this chapter as the chapter applies to pharmacies.
History of Section.
P.L. 1959, ch. 56, § 1; P.L. 1969, ch. 118, § 7.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-22. - Publication of court orders, judgments and decrees — Dissemination of information.

§ 21-31-22. Publication of court orders, judgments and decrees — Dissemination of information.
(a)
The director of health may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and its disposition.
(b)
The director of health may also cause to be disseminated any information regarding food, drugs, devices, and cosmetics that the director of health deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in this section shall be construed to prohibit the director of health from collecting, reporting, and illustrating the results of the investigations of the director of health.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-23. - Severability.

§ 21-31-23. Severability.
If any provision of this chapter is declared unconstitutional or the applicability of this chapter to any person or circumstances is held invalid, the constitutionality of the remainder of the chapter and the applicability of it to other persons and circumstances shall not be affected by that invalidity.
History of Section.
P.L. 1959, ch. 56, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31 - Rhode Island Food, Drugs, and Cosmetics Act › Section 21-31-24. - Drug disposal.

§ 21-31-24. Drug disposal.
(a)
Notwithstanding any provisions of the general or public laws to the contrary, any city or town may authorize the use of its police department to display a container suitable for use as a receptacle for used, expired, or unwanted drugs or drug products. The receptacle shall only permit the deposit of items, and the contents shall be locked and secured. The container shall be accessible to the public and shall have posted clearly legible signage indicating that expired or unwanted drugs or drug products may be disposed of in the receptacle.
(b)
The used, expired, or unwanted drugs or drug products disposed of under this section shall not include any controlled substance, as defined in § 21-28-2.08, except as permitted under federal law.
History of Section.
P.L. 2012, ch. 87, § 1; P.L. 2012, ch. 98, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31.1 - Veterinary Drugs › Section 21-31.1-1. - Legislative findings — Intent.

§ 21-31.1-1. Legislative findings — Intent.
(a)
The general assembly finds and declares it is in the interest of public health, safety, and welfare that a uniform state code is needed to regulate distributors of veterinary drugs conducting business within the state of Rhode Island; to provide for registration of distributors of veterinary drugs by a system of permits; to provide for the inspection of the establishments of distributors of veterinary drugs; and to require records on prescription veterinary drug distribution.
(b)
The intent of this chapter is to assure proper distribution of veterinary drugs to prevent adulteration of the food supply with illegal drug residues through misuse of drugs on food producing animals, and to promote the health of treated animals.
History of Section.
P.L. 1988, ch. 172, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31.1 - Veterinary Drugs › Section 21-31.1-3. - Power to make regulations.

§ 21-31.1-3. Power to make regulations.
The director has the power to make reasonable rules and regulations to implement this chapter.
History of Section.
P.L. 1988, ch. 172, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31.1 - Veterinary Drugs › Section 21-31.1-4. - Permits.

§ 21-31.1-4. Permits.
(a) Permit required.
Any person who is a distributor of veterinary drugs except licensed veterinarians within the state of Rhode Island must possess a valid permit issued annually by the director.
(b) Application for permit.
Any person desiring to be a distributor of veterinary drugs shall make written application for a permit on forms provided by the director. The application shall include:
(1)
All names used by the applicant to do business.
(2)
The post office address of the applicant.
(3)
The name of the owner or operator of the business.
(4)
The street address of the business.
(5)
In the case of a partnership, the names and address of each and every partner.
(6)
In the case of a corporation, the name and title of each corporation officer or director.
(c) Permit fees.
The fee for the annual issuance of a permit shall be established by the director.
(d) Posting of permit.
A valid permit shall be prominently posted in each premise where veterinary drugs are distributed; and, where distribution is allowed, in or on the vehicle of a mobile veterinary drug distributor.
History of Section.
P.L. 1988, ch. 172, § 1.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31.1 - Veterinary Drugs › Section 21-31.1-5. - Requirements for permit.

§ 21-31.1-5. Requirements for permit.
Any veterinary drug distributor except licensed veterinarians intending to operate in the state of Rhode Island shall be required to have a permit before commencing operations.
History of Section.
P.L. 1988, ch. 172, § 1; P.L. 1989, ch. 542, § 42; P.L. 2002, ch. 292, § 65.
2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-31.1 - Veterinary Drugs › Section 21-31.1-6. - Denial of permit.

§ 21-31.1-6. Denial of permit.
(a)
A permit may be denied for any of the following:
(1)
The applicant has failed to file a complete permit application or the application contains material false information.
(2)
The applicant is not qualified by the criteria established by regulation of the director.
(3)
The applicant has previously had a permit revoked.
(4)
The applicant has failed to pay the annual fee.
(5)
The applicant has previously been convicted of a violation of law connected with the practice of veterinary medicine or the distribution of drugs.
(b)
When a permit is denied, the director will cite the reasons for denial, and the applicant may request a hearing as provided by the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section.
P.L. 1988, ch. 172, § 1.