§ 21a-93 — (Formerly Sec. 19-213). Prohibited acts.

Connecticut § 21a-93

• Jurisdiction: Connecticut
• Title 21a: Consumer Protection
• Ch. 418: Uniform Food, Drug and Cosmetic Act

Text

The following acts and the causing thereof shall be prohibited: (1) The sale in intrastate commerce of any food, drug, device or cosmetic that is adulterated or misbranded; (2) the adulteration or misbranding of any food, drug, device or cosmetic in intrastate commerce; (3) the receipt in intrastate commerce of any food, drug, device or cosmetic that is adulterated or misbranded, and the sale thereof in such commerce for pay or otherwise; (4) the introduction or delivery for introduction into intrastate commerce of (A) any food in violation of section 21a-103 or (B) any new drug in violation of section 21a-110; (5) the dissemination within this state, in any manner or by any means or through any medium, of any false advertisement; (6) the refusal to permit (A) entry and the taking of a sample or specimen or the making of an investigation as authorized by section 21a-116, or (B) access to or copying of any record as authorized by section 21a-117; (7) the refusal to permit entry or inspection as authorized by section 21a-118; (8) the giving of a guaranty or undertaking in intrastate commerce, referred to in subsection (c) of section 21a-95, that is false; (9) the 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 or of the federal act; (10) the alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of a food, drug, device or cosmetic, or the doing of any other act with respect to a food, drug, device or cosmetic, or the labeling or advertisement thereof, which results in a violation of this chapter; (11) the using in interstate commerce, in the labeling or advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective under Section 355 of the federal act or under section 21a-110, or that such drug complies with the provisions of either such section; (12) the violation of any provision of section 21a-108; (13) in the case of a prescription drug distributed or offered for sale in this state, the failure of the manufacturer, packer or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable state 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 by the commissioner or under the federal act. Nothing in this subdivision shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter unless specifically exempted under the federal act, as effective on April 26, 1974; (14) the using by any person to his own advantage, or revealing, other than to the commissioner or his duly authorized agents or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of this chapter concerning any method, process, substance or any other subject which as a trade secret is entitled to protection; (15) (A) placing or causing to be placed upon any drug or device or upon the container of any drug or device, with intent to defraud, the trademark, trade name or other identifying mark, imprint or device of another or any likeness thereof; or (B) 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 transported, received or held for transportation in commerce, with knowledge that the trademark, trade name or other identifying mark, imprint or device of another or any likeness thereof has been placed thereon in a manner prohibited by subparagraph (A) of this subdivision; or (C) 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, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness thereof upon any drug, device or container thereof; (16) failing to demonstrate adherence to applicable provisions of United States Pharmacopeia, Chapter 797, Pharmaceutical Compounding - Sterile Preparations, as amended from time to time, concerning compounding or preparation of sterile drugs; (17) failing to demonstrate adherence to applicable provisions of United States Pharmacopeia, Chapter 795, Pharmaceutical Compounding – Nonsterile Preparations, as amended from time to time, concerning compounding or preparation of nonsterile drugs; or (18) selling any moderate-THC hemp product, as defined in section 21a-426, without first obtaining a license as a cannabis establishment, as defined in section 21a-420, or registering as a moderate-THC hemp product vendor pursuant to section 21a-426.

Legislative History

(1949 Rev., S. 3931; 1955, S. 2091d; 1963, P.A. 359, S. 2; 1969, P.A. 593, S. 10; P.A. 74-72, S. 1, 3; P.A. 23-52, S. 9; P.A. 24-76, S. 32.) History: 1963 act added provision in Subsec. (i) for regulations promulgated under the federal act and added Subsecs. (m) through (o); 1969 act replaced “officers or employees of the department of consumer protection” with “his duly authorized agents” in Subsec. (n); P.A. 74-72 clarified construction of Subsec. (m) re exemption from labeling requirements to allow exemptions if “specifically exempted under the federal act, as effective on April 26, 1974”; Sec. 19-213 transferred to Sec. 21a-93 in 1983; P.A. 23-52 redesignated Subsecs. (a) to (d) as Subdivs. (1) to (4), Subsec. (d)(1) and (2) as Subdiv. (4)(A) and (B), Subsecs. (e) and (f) as Subdivs. (5) and (6), Subsec. (f)(1) and (2) as Subdiv. (6)(A) and (B), Subsecs. (g) to (o) as Subdivs. (7) to (15) and Subsec. (o)(1) to (3) as Subdiv. (15)(A) to (C), added Subdivs. (16) and (17) re failure to demonstrate adherence to United States Pharmacopeia Chs. 797 and 795, respectively, and made technical and conforming changes throughout, effective June 13, 2023; P.A. 24-76 added Subdiv. (18) re selling moderate-THC hemp product without first obtaining license as cannabis establishment or registering as moderate-THC hemp product vendor pursuant to Sec. 21a-426, and made a conforming change, effective January 1, 2025. Annotations to former section 19-213: Cited. 179 C. 471. Cited. 29 CS 333. Operation of a supermarket which is in repeated violation of section may be enjoined by commissioner pursuant to Sec. 19-214 (21a-94); sale of adulterated food is forbidden by Subsec. (a). 31 CS 242. Cited. 40 CS 246.