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Alaska Statutes (Last Updated: January 11, 2017) |
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Title 17. FOOD AND DRUGS. |
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Chapter 17.20. ALASKA FOOD, DRUG, AND COSMETIC ACT. |
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Article 17.20.07. PROHIBITED ACTS, PENALTIES, AND LIABILITIES. |
Section 17.20.290. Prohibited acts.
Latest version.
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(a) The following acts and the causing thereof are prohibited:
(1) the manufacture, or sale, or delivery, holding, or offering of sale of food, drug, device, or cosmetic that is adulterated or misbranded;
(2) the adulteration or misbranding of food, drug, device, or cosmetic;
(3) the receipt in commerce of food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery of them for pay or otherwise;
(4) the sale, delivery for sale, holding for sale, or offering for sale of an article in violation of AS 17.20.050 - 17.20.070 and 17.20.100;
(5) the dissemination of a false advertisement;
(6) the refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by AS 17.20.200;
(7) the giving of a guaranty or undertaking that 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 the person who relied on the guarantee or undertaking received the food, drug, device, or cosmetic in good faith;
(8) the removal or disposal of a detained or embargoed article in violation of AS 17.20.230 - 17.20.270;
(9) the alteration, mutilation, destruction, obliteration, or removal of the whole or 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 being misbranded;
(10) forging, counterfeiting, simulating, or falsely representing, or without proper authority using a mark, stamp, tag, label, or other identification device authorized or required by regulations adopted under AS 17.20.230 - 17.20.270;
(11) the using, on the labeling of a drug or in an advertisement relating to a drug, of a representation or suggestion that an application with respect to the drug is effective under AS 17.20.110 or that the drug complies with the provisions of that section;
(12) the sale or offering for sale of frozen fish as fresh fish;
(13) the improper labeling and drug substitution by pharmacists under AS 17.20.105.
(b) The commissioner of environmental conservation or a designee of the commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this section, if the subject of the prohibited act involves food or cosmetics, and the provisions of (a)(12) of this section. This subsection does not limit the authority of peace officers.
(c) The commissioner of health and social services or a designee of the commissioner is responsible for enforcing the provisions of (a)(1) - (10) of this section, if the subject of the prohibited act involves drugs or devices, and the provisions of (a)(11) and (13) of this section. This subsection does not limit the authority of peace officers.
Authorities
17.20.320;17.20.345;17.20.346
Notes
Recent Bills that will modify this
HB 14 BAN PLASTIC MICROBEADS IN COSMETICS
HB 28 COSMETICS INGREDIENTS DISCLOSURE
HB 353 COSMETICS INGREDIENTS DISCLOSURE
Implemented As
18 AAC 31.010
18 AAC 31.011
18 AAC 31.012
18 AAC 31.060
18 AAC 31.070
18 AAC 31.205
18 AAC 31.210
18 AAC 31.215
18 AAC 31.220
18 AAC 31.222
18 AAC 31.224
18 AAC 31.226
18 AAC 31.228
18 AAC 31.230
18 AAC 31.232
18 AAC 31.234
18 AAC 31.236
18 AAC 31.250
18 AAC 31.300
18 AAC 31.310
18 AAC 31.315
18 AAC 31.320
18 AAC 31.325
18 AAC 31.330
18 AAC 31.335
18 AAC 31.400
18 AAC 31.408
18 AAC 31.409
18 AAC 31.411
18 AAC 31.412
18 AAC 31.413
18 AAC 31.414
18 AAC 31.415
18 AAC 31.416
18 AAC 31.420
18 AAC 31.421
18 AAC 31.422
18 AAC 31.423
18 AAC 31.424
18 AAC 31.425
18 AAC 31.500
18 AAC 31.515
18 AAC 31.535
18 AAC 31.540
18 AAC 31.545
18 AAC 31.570
18 AAC 31.600
18 AAC 31.610
18 AAC 31.615
18 AAC 31.620
18 AAC 31.625
18 AAC 31.630
18 AAC 31.700
18 AAC 31.720
18 AAC 31.730
18 AAC 31.740
18 AAC 31.760
18 AAC 31.770
18 AAC 31.800
18 AAC 31.810
18 AAC 31.820
18 AAC 31.900
18 AAC 31.902
18 AAC 31.907
18 AAC 31.910
18 AAC 31.990
18 AAC 32.060
18 AAC 32.210
18 AAC 32.693
18 AAC 32.695
18 AAC 32.699
18 AAC 32.910
18 AAC 32.990
18 AAC 34.030
18 AAC 34.110
18 AAC 34.112
18 AAC 34.115
18 AAC 34.120
18 AAC 34.122
18 AAC 34.990
References
18 AAC 34.030
AS 17.20.320 Effect of written guaranty.
AS 17.20.345 Liability of food donor.
AS 17.20.346 Liability of food bank.
History
(Sec. 3 ch 129 SLA 1949; am Sec. 1 ch 119 SLA 1967; am Sec. 2 ch 17 SLA 1971; am E.O. No. 51, Sec. 30 (1981); am Sec. 2, 3 ch 151 SLA 2004)