§ 35-7-111 — Prohibited acts

Wyoming § 35-7-111

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 7: FOOD AND DRUGS
• Art. 1: IN GENERAL

Text

(a) No person shall:
(i) Violate this act or any rules promulgated under
it;
(ii) Introduce or deliver for introduction into
commerce of any food, drug, device or cosmetic that is
adulterated or misbranded;
(iii) Adulterate or misbrand any food, drug, device
or cosmetic in commerce;
(iv) Knowingly receive in commerce of any food, drug,
device or cosmetic that is adulterated or misbranded;
(v) Refuse to permit entry, inspection or access to
records as authorized by this act;
(vi) Manufacture any food, drug, device or cosmetic
that is adulterated or misbranded;
(vii) Give a false guaranty or undertaking under this
act except by a person who relied upon a guaranty or undertaking
to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom
he received in good faith the food, drug, device or cosmetic;
(viii) Forge, counterfeit or without proper authority
use any mark, stamp, tag, label or other identification device
authorized or required by regulations promulgated under this
act;
(ix) Make, sell or possess 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 of any of the foregoing upon
any drug or container or labeling thereof so as to render such
drugs a counterfeit drug;
(x) Alter, mutilate, destroy, obliterate or remove
any part of the labeling of, or the doing of any other act with
respect to a food, drug, device or cosmetic, if done while the
article is held for sale (whether or not the first sale) after
shipment in commerce and which results in the article being
adulterated or misbranded;
(xi) Repealed By Laws 2000, Ch. 37, § 4.
(xii) Use in labeling, advertising or other sales
promotion of any reference to any report or analysis furnished
by the director in compliance with this act;
(xiii) Include the term "meat" or any synonymous term
for meat or a specific animal species in labeling, advertising
or other sales promotion unless the product:
(A) Is consistent with the definition of meat in
W.S. 35-7-119(e)(vi)(A); and
(B) Is derived from harvested livestock,
poultry, wildlife or exotic livestock as those terms are defined
in W.S. 11-26-101(a), 11-32-101(a)(iv), 23-1-101(a)(xiii) and
23-1-102(a)(xvi).
(b) No person shall remove or dispose of a detained or
embargoed article in violation of W.S. 35-7-114.
(c) In determining whether labeling or an advertisement is
misleading under this act, the following shall be considered:
(i) Representations made or suggested by statement,
word, design, device, sound or in any combination thereof;
(ii) The extent to which the labeling or
advertisement fails to reveal facts material in the light of the
representations or facts material with respect to consequences
which may result from the use of the article to which the
labeling or advertisement relates under the conditions of use
prescribed in the labeling or advertisement or under conditions
of use as are customary or usual.