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This entry was published on 2024-11-29
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SECTION 820
Unlawful practices
General Business (GBS) CHAPTER 20, ARTICLE 38-A
§ 820. Unlawful practices. 1. It shall be unlawful for any retailer:

(a) to knowingly sell or offer for sale, any drug or cosmetic sold
over-the-counter without the need of a prescription, later than the
date, if any, marked upon the label as indicative of the date beyond
which the contents cannot be expected beyond reasonable doubt to be safe
and effective; provided, however, that when such drug or cosmetic is
identified as an outdated drug or cosmetic by segregation from regular
stock or by other means, the holding of such drug or cosmetic beyond its
expiration date shall not be deemed a violation of this section. When
the expiration date is expressed by month and year, the expiration date
shall be the last day of the month indicated; or

(b) to knowingly alter, mutilate, destroy, obliterate, obstruct or
remove by means of a price sticker or otherwise the whole or any part of
the label or packaging, including, where applicable, the expiration date
displayed thereon, of any over-the-counter drug or cosmetic.

2. For purposes of this section, the following terms shall have the
following meanings:

(a) "label" shall mean the label required by the statutes applicable
to and regulations issued by the federal food and drug administration;
and

(b) "cosmetic" shall mean articles intended to be rubbed, poured,
sprinkled or sprayed on, introduced into, or otherwise applied to the
human body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance, including but not limited to
personal hygiene products such as deodorant, shampoo or conditioner.