State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-137 > 6811

§ 6811. Misdemeanors.  It shall be a class A misdemeanor for:    1.  Any  person  knowingly  or  intentionally  to prevent or refuse to  permit any board member or department representative to enter a pharmacy  or any other establishment for the purpose of lawful inspection;    2. Any person whose license has been revoked to refuse to deliver  the  license;    3.  Any pharmacist to display his license or permit it to be displayed  in a pharmacy of which he is not  the  owner  or  in  which  he  is  not  employed, or any owner to fail to display in his pharmacy the license of  the pharmacist employed in said pharmacy;    4. Any holder of a license to fail to display the license;    5. Any owner of a pharmacy to display or permit to be displayed in his  pharmacy the license of any pharmacist not employed in said pharmacy;    6.  Any  person to carry on, conduct or transact business under a name  which contains as a part thereof the words "drugs",  "medicines",  "drug  store",  "apothecary", or "pharmacy", or similar terms or combination of  terms, or in any manner by  advertisement,  circular,  poster,  sign  or  otherwise  describe  or refer to the place of business conducted by such  person, or describe the type of service or class  of  products  sold  by  such   person,   by   the   terms  "drugs",  "medicine",  "drug  store",  "apothecary", or "pharmacy", unless the place of business  so  conducted  is a pharmacy licensed by the department;    7.  Any  person  to enter into an agreement with a physician, dentist,  podiatrist or veterinarian for the compounding or dispensing  of  secret  formula (coded) prescriptions;    8.  Any person to sell or distribute any instrument or article, or any  recipe, drug or medicine for the prevention of  conception  to  a  minor  under  the  age  of sixteen years; the sale or distribution of such to a  person other than a minor under the age of sixteen years  is  authorized  only  by  a licensed pharmacist but the advertisement or display of said  articles, within or without the premises  of  such  pharmacy  is  hereby  prohibited;    9. Any person to manufacture, sell, deliver for sale, hold for sale or  offer  for  sale  of any drug, device or cosmetic that is adulterated or  misbranded;    10. Any person to adulterate or misbrand any drug, device or cosmetic;    11. Any person to receive in commerce any  drug,  device  or  cosmetic  that  is  adulterated  or misbranded, and to deliver or proffer delivery  thereof for pay or otherwise;    12. Any person to sell, deliver for sale, hold for sale, or offer  for  sale any drug, device or cosmetic in violation of this article;    13. Any person to disseminate any false advertisement;    14.  Any  person to refuse to permit entry or inspection as authorized  by this article;    15. Any person to forge, counterfeit, simulate, or falsely  represent,  or  without  proper authority using any mark, stamp, tag, label or other  identification device authorized or required by  rules  and  regulations  promulgated under the provisions of this article;    16.  Any person to use for his own advantage, or reveal, other than to  the commissioner or his duly authorized representative, or to the courts  when relevant in  any  judicial  proceedings  under  this  article,  any  information  acquired  under authority of this article or concerning any  method or process, which is a trade secret;    17. Any person to alter, mutilate, destroy, obliterate or  remove  the  whole or any part of the labeling of, or the doing of any other act with  respect  to  a drug, device, or cosmetic, if such act is done while such  article is held for sale and results in such article being misbranded;18. Any person  to  use  on  the  labeling  of  any  drug  or  in  any  advertising  relating to such drug any representation or suggestion that  an application with respect to such  drug  is  effective  under  section  sixty-eight  hundred  seventeen  of  this  chapter  or  that  such is in  compliance with the provisions of such section;    19. Any person to violate any of the provisions of section sixty-eight  hundred ten of this article;    20. Any person to violate any of the provisions of section sixty-eight  hundred sixteen of this article;    21.  Any  person,  to  sell  at  retail  or  give  away in tablet form  bichloride of mercury, mercuric chloride or corrosive sublimate,  unless  such  bichloride  of  mercury, mercuric chloride or corrosive sublimate,  when so sold, or given away, shall conform to the provisions of national  formulary XII. Nothing contained in this paragraph shall be construed to  prohibit the sale and dispensing of bichloride of mercury in  any  form,  shape,  or  color,  when  combined  or compounded with one or more other  drugs or excipients, for the purposes of internal  medication  only,  or  when  sold  in  bulk  in  powder  form, or to any preparation containing  one-tenth of a grain or less of bichloride of mercury;    22. Any pharmacy to fail to properly post the list required by section  sixty-eight hundred twenty-six of this article;    23. Any pharmacy to change its current selling price without  changing  the  listed  price as provided by section sixty-eight hundred twenty-six  of this article;    24. Any person to refuse to permit access to or copying of any  record  as required by this article; or    25.  Any  manufacturer  to  sell  or  offer  for  sale  any  drug  not  manufactured, prepared or compounded under the personal supervision of a  chemist or licensed pharmacist or not labeled with the full name of  the  manufacturer or seller.

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-137 > 6811

§ 6811. Misdemeanors.  It shall be a class A misdemeanor for:    1.  Any  person  knowingly  or  intentionally  to prevent or refuse to  permit any board member or department representative to enter a pharmacy  or any other establishment for the purpose of lawful inspection;    2. Any person whose license has been revoked to refuse to deliver  the  license;    3.  Any pharmacist to display his license or permit it to be displayed  in a pharmacy of which he is not  the  owner  or  in  which  he  is  not  employed, or any owner to fail to display in his pharmacy the license of  the pharmacist employed in said pharmacy;    4. Any holder of a license to fail to display the license;    5. Any owner of a pharmacy to display or permit to be displayed in his  pharmacy the license of any pharmacist not employed in said pharmacy;    6.  Any  person to carry on, conduct or transact business under a name  which contains as a part thereof the words "drugs",  "medicines",  "drug  store",  "apothecary", or "pharmacy", or similar terms or combination of  terms, or in any manner by  advertisement,  circular,  poster,  sign  or  otherwise  describe  or refer to the place of business conducted by such  person, or describe the type of service or class  of  products  sold  by  such   person,   by   the   terms  "drugs",  "medicine",  "drug  store",  "apothecary", or "pharmacy", unless the place of business  so  conducted  is a pharmacy licensed by the department;    7.  Any  person  to enter into an agreement with a physician, dentist,  podiatrist or veterinarian for the compounding or dispensing  of  secret  formula (coded) prescriptions;    8.  Any person to sell or distribute any instrument or article, or any  recipe, drug or medicine for the prevention of  conception  to  a  minor  under  the  age  of sixteen years; the sale or distribution of such to a  person other than a minor under the age of sixteen years  is  authorized  only  by  a licensed pharmacist but the advertisement or display of said  articles, within or without the premises  of  such  pharmacy  is  hereby  prohibited;    9. Any person to manufacture, sell, deliver for sale, hold for sale or  offer  for  sale  of any drug, device or cosmetic that is adulterated or  misbranded;    10. Any person to adulterate or misbrand any drug, device or cosmetic;    11. Any person to receive in commerce any  drug,  device  or  cosmetic  that  is  adulterated  or misbranded, and to deliver or proffer delivery  thereof for pay or otherwise;    12. Any person to sell, deliver for sale, hold for sale, or offer  for  sale any drug, device or cosmetic in violation of this article;    13. Any person to disseminate any false advertisement;    14.  Any  person to refuse to permit entry or inspection as authorized  by this article;    15. Any person to forge, counterfeit, simulate, or falsely  represent,  or  without  proper authority using any mark, stamp, tag, label or other  identification device authorized or required by  rules  and  regulations  promulgated under the provisions of this article;    16.  Any person to use for his own advantage, or reveal, other than to  the commissioner or his duly authorized representative, or to the courts  when relevant in  any  judicial  proceedings  under  this  article,  any  information  acquired  under authority of this article or concerning any  method or process, which is a trade secret;    17. Any person to alter, mutilate, destroy, obliterate or  remove  the  whole or any part of the labeling of, or the doing of any other act with  respect  to  a drug, device, or cosmetic, if such act is done while such  article is held for sale and results in such article being misbranded;18. Any person  to  use  on  the  labeling  of  any  drug  or  in  any  advertising  relating to such drug any representation or suggestion that  an application with respect to such  drug  is  effective  under  section  sixty-eight  hundred  seventeen  of  this  chapter  or  that  such is in  compliance with the provisions of such section;    19. Any person to violate any of the provisions of section sixty-eight  hundred ten of this article;    20. Any person to violate any of the provisions of section sixty-eight  hundred sixteen of this article;    21.  Any  person,  to  sell  at  retail  or  give  away in tablet form  bichloride of mercury, mercuric chloride or corrosive sublimate,  unless  such  bichloride  of  mercury, mercuric chloride or corrosive sublimate,  when so sold, or given away, shall conform to the provisions of national  formulary XII. Nothing contained in this paragraph shall be construed to  prohibit the sale and dispensing of bichloride of mercury in  any  form,  shape,  or  color,  when  combined  or compounded with one or more other  drugs or excipients, for the purposes of internal  medication  only,  or  when  sold  in  bulk  in  powder  form, or to any preparation containing  one-tenth of a grain or less of bichloride of mercury;    22. Any pharmacy to fail to properly post the list required by section  sixty-eight hundred twenty-six of this article;    23. Any pharmacy to change its current selling price without  changing  the  listed  price as provided by section sixty-eight hundred twenty-six  of this article;    24. Any person to refuse to permit access to or copying of any  record  as required by this article; or    25.  Any  manufacturer  to  sell  or  offer  for  sale  any  drug  not  manufactured, prepared or compounded under the personal supervision of a  chemist or licensed pharmacist or not labeled with the full name of  the  manufacturer or seller.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-8 > Article-137 > 6811

§ 6811. Misdemeanors.  It shall be a class A misdemeanor for:    1.  Any  person  knowingly  or  intentionally  to prevent or refuse to  permit any board member or department representative to enter a pharmacy  or any other establishment for the purpose of lawful inspection;    2. Any person whose license has been revoked to refuse to deliver  the  license;    3.  Any pharmacist to display his license or permit it to be displayed  in a pharmacy of which he is not  the  owner  or  in  which  he  is  not  employed, or any owner to fail to display in his pharmacy the license of  the pharmacist employed in said pharmacy;    4. Any holder of a license to fail to display the license;    5. Any owner of a pharmacy to display or permit to be displayed in his  pharmacy the license of any pharmacist not employed in said pharmacy;    6.  Any  person to carry on, conduct or transact business under a name  which contains as a part thereof the words "drugs",  "medicines",  "drug  store",  "apothecary", or "pharmacy", or similar terms or combination of  terms, or in any manner by  advertisement,  circular,  poster,  sign  or  otherwise  describe  or refer to the place of business conducted by such  person, or describe the type of service or class  of  products  sold  by  such   person,   by   the   terms  "drugs",  "medicine",  "drug  store",  "apothecary", or "pharmacy", unless the place of business  so  conducted  is a pharmacy licensed by the department;    7.  Any  person  to enter into an agreement with a physician, dentist,  podiatrist or veterinarian for the compounding or dispensing  of  secret  formula (coded) prescriptions;    8.  Any person to sell or distribute any instrument or article, or any  recipe, drug or medicine for the prevention of  conception  to  a  minor  under  the  age  of sixteen years; the sale or distribution of such to a  person other than a minor under the age of sixteen years  is  authorized  only  by  a licensed pharmacist but the advertisement or display of said  articles, within or without the premises  of  such  pharmacy  is  hereby  prohibited;    9. Any person to manufacture, sell, deliver for sale, hold for sale or  offer  for  sale  of any drug, device or cosmetic that is adulterated or  misbranded;    10. Any person to adulterate or misbrand any drug, device or cosmetic;    11. Any person to receive in commerce any  drug,  device  or  cosmetic  that  is  adulterated  or misbranded, and to deliver or proffer delivery  thereof for pay or otherwise;    12. Any person to sell, deliver for sale, hold for sale, or offer  for  sale any drug, device or cosmetic in violation of this article;    13. Any person to disseminate any false advertisement;    14.  Any  person to refuse to permit entry or inspection as authorized  by this article;    15. Any person to forge, counterfeit, simulate, or falsely  represent,  or  without  proper authority using any mark, stamp, tag, label or other  identification device authorized or required by  rules  and  regulations  promulgated under the provisions of this article;    16.  Any person to use for his own advantage, or reveal, other than to  the commissioner or his duly authorized representative, or to the courts  when relevant in  any  judicial  proceedings  under  this  article,  any  information  acquired  under authority of this article or concerning any  method or process, which is a trade secret;    17. Any person to alter, mutilate, destroy, obliterate or  remove  the  whole or any part of the labeling of, or the doing of any other act with  respect  to  a drug, device, or cosmetic, if such act is done while such  article is held for sale and results in such article being misbranded;18. Any person  to  use  on  the  labeling  of  any  drug  or  in  any  advertising  relating to such drug any representation or suggestion that  an application with respect to such  drug  is  effective  under  section  sixty-eight  hundred  seventeen  of  this  chapter  or  that  such is in  compliance with the provisions of such section;    19. Any person to violate any of the provisions of section sixty-eight  hundred ten of this article;    20. Any person to violate any of the provisions of section sixty-eight  hundred sixteen of this article;    21.  Any  person,  to  sell  at  retail  or  give  away in tablet form  bichloride of mercury, mercuric chloride or corrosive sublimate,  unless  such  bichloride  of  mercury, mercuric chloride or corrosive sublimate,  when so sold, or given away, shall conform to the provisions of national  formulary XII. Nothing contained in this paragraph shall be construed to  prohibit the sale and dispensing of bichloride of mercury in  any  form,  shape,  or  color,  when  combined  or compounded with one or more other  drugs or excipients, for the purposes of internal  medication  only,  or  when  sold  in  bulk  in  powder  form, or to any preparation containing  one-tenth of a grain or less of bichloride of mercury;    22. Any pharmacy to fail to properly post the list required by section  sixty-eight hundred twenty-six of this article;    23. Any pharmacy to change its current selling price without  changing  the  listed  price as provided by section sixty-eight hundred twenty-six  of this article;    24. Any person to refuse to permit access to or copying of any  record  as required by this article; or    25.  Any  manufacturer  to  sell  or  offer  for  sale  any  drug  not  manufactured, prepared or compounded under the personal supervision of a  chemist or licensed pharmacist or not labeled with the full name of  the  manufacturer or seller.