Florida Statute 859.08 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 859
POISONS; ADULTERATED DRUGS

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859.08 Penalty for selling adulterated drugs.—Every registered pharmacist, and the owner or proprietor of any store dealing in drugs or medicines, shall be held responsible for the quality of all drugs, chemicals, or medicines he or she may sell or dispense, with the exception of those sold in the original packages of the manufacturer and those known as proprietary; and any person who fraudulently adulterates, for the purpose of sale, any drug or medicine or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and such adulterated drugs and medicine shall be forfeited and destroyed under the direction of the court; and if the offender be a registered pharmacist, his or her name shall be stricken from the register.

History.—s. 8, ch. 6890, 1915; RGS 5532; CGL 7698; s. 1084, ch. 71-136; s. 1389, ch. 97-102.

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Amendments to 859.08

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Arrestable Offenses / Crimes under Fla. Stat. 859.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

S859.08 - DRUGS-ADULTERATED - SELL ADULTERATED DRUGS - M: S

Cases Citing Statute 859.08

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Davis v. City of South Bay, 433 So. 2d 1364 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 20853

...he local government general fund. . A survey of statutes permitting the forfeiture of confiscated property reveals that the opportunity for a hearing or, at least, court direction of the destruction of the contraband articles is provided. See, e.g., Section 859.08, Florida Statutes (1981) [adulterated drugs and medicine destroyed under the direction of the court], Section 562.40, Florida Statutes (1981) [forfeiture of contraband under the beverage law], and Sections 932.701-.704, Florida Statute...