§ 820 — Unlawful practices

§ 820. Unlawful practices. 1. It shall be unlawful for any retailer:\n (a) to knowingly sell or offer for sale, any drug or cosmetic sold\nover-the-counter without the need of a prescription, later than the\ndate, if any, marked upon the label as indicative of the date beyond\nwhich the contents cannot be expected beyond reasonable doubt to be safe\nand effective; provided, however, that when such drug or cosmetic is\nidentified as an outdated drug or cosmetic by segregation from regular\nstock or by other means, the holding of such drug or cosmetic beyond its\nexpiration date shall not be deemed a violation of this section. When\nthe expiration date is expressed by month and year, the expiration date\nshall be the last day of the month indicated; or\n (b) to knowingly alter, mutilate, destroy, obliterate, obstruct or\nremove by means of a price sticker or otherwise the whole or any part of\nthe label or packaging, including, where applicable, the expiration date\ndisplayed thereon, of any over-the-counter drug or cosmetic.\n 2. For purposes of this section, the following terms shall have the\nfollowing meanings:\n (a) "label" shall mean the label required by the statutes applicable\nto and regulations issued by the federal food and drug administration;\nand\n (b) "cosmetic" shall mean articles intended to be rubbed, poured,\nsprinkled or sprayed on, introduced into, or otherwise applied to the\nhuman body or any part thereof for cleansing, beautifying, promoting\nattractiveness, or altering the appearance, including but not limited to\npersonal hygiene products such as deodorant, shampoo or conditioner.\n