Session Laws—1975 CHAPTER 614
conduct research with respect to or to administer a drug so long as such activity
is within the normal course of professional practice or research."
Sec. 3. G.S. 106-122 is amended by adding at the end thereof the
following:
"(12) The sale at retail of any food for which a definition and standard of
identity for enrichment with vitamins, minerals or other nutrients has been
promulgated by the board, unless such food conforms to such definition and
standard, or has been specifically exempted from same by the board.
(13) The distribution in commerce of a consumer commodity, as defined in
this Article, if such commodity is contained in a package, or if there is affixed to
that commodity a label, which does not conform to the provisions of this Article
and regulations promulgated under authority of this Article; Provided, however,
that this prohibition shall not apply to persons engaged in business as wholesale
or retail distributors of consumer commodities except to the extent that such
persons:
(a) are engaged in the packaging or labeling of such commodities; or
(b) prescribe or specify by any means the manner in which such commodities
are packaged or labeled.
(14) The using by any person to his own advantage, or revealing, other than
to the Commissioner or authorized officers or employees of the department, or
to the courts when relevant in any judicial proceeding under this Article, any
information acquired under authority of this Article concerning any method or
process which as a trade secret is entitled to protection.
(15) 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 law to
administer such drug within the normal course of professional practice, 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 under the
Federal Act. Nothing in this paragraph shall be construed to exempt any person
from any labeling requirement imposed by or under other provisions of this
Article.
(16) (a) Placing or causing to be placed upon any drug or device or container
thereof, with intent to defraud, the trade name or other identifying mark, or
imprint of another or any likeness of any of the foregoing; 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, with knowledge
that the trade name or other identifying mark or imprint of another or any
likeness of any of the foregoing has been placed thereon in a manner prohibited
by subsection (a) of this section; or
(c) Making, selling, or disposing of; causing to be made, sold or disposed of;
keeping in possession, control or custody; or concealing 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 drug a counterfeit drug.
(17) The doing of any act which causes a drug to be a counterfeit drug, or the
sale or dispensing, or the holding for sale or dispensing of a counterfeit drug.
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