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151.35(2)
Statute ID:
15358
Statute Function ID:
32959
Pharm - Drugs-Adulteration-Purports to Be/Represented as Brand Name - Quality/Purity Below Standards
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Drug (3)
Offense Summary Code & Rank:
Drugs (D) (Rank 14)
Detailed Offense Code:
Drug Offense (399)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
151.35(2)
Enactment Date:
May 21, 2014
Effective Date:
Aug 1, 2014
Expiration Date:
Repealed?:
No
Summary Text:
Pharm - Drugs-Adulteration-Purports to Be/Represented as Brand Name - Quality/Purity Below Standards
Statute ID:
15358
Created:
Jul 15, 2014 by mnjis.legal.analyst@state.mn.us
Updated:
Jul 15, 2014 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amended 2014 c 285 s 6; Amendments to (1)
Summary Text:
Pharm - Drugs-Adulteration-Purports to Be/Represented as Brand Name - Quality/Purity Below Standards
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/151/35.html
Legislative Session:
2014 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 10, 2019
A drug shall be deemed to be adulterated: (1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health, or whereby it may have been contaminated with filth; or if the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice as required under the federal act to assure that such drug is safe and has the identity, strength, quality, and purity characteristics, which it purports or is represented to possess; or the facility in which it was produced was not registered by the United States Food and Drug Administration or licensed by the board; or, its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act, or it is a color additive, the intended use of which in or on drugs is for the purposes of coloring only, and is unsafe within the meaning of the federal act; (2) if it purports to be or is represented as a drug the name of which is recognized in the United States Pharmacopoeia or the National Formulary, and its strength differs from, or its quality or purity falls below, the standard set forth therein. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in the United States Pharmacopoeia or the National Formulary shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label; (3) if it is not subject to the provisions of paragraph (2) of this section and its strength differs from, or its purity or quality differs from that which it purports or is represented to possess; (4) if any substance has been mixed or packed therewith so as to reduce its quality or strength, or substituted wholly or in part therefor.
