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O.C.G.A. § 26-3-21 — Construction of chapter | Georgia Code

O.C.G.A. § 26-3-21 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 3. Standards, Labeling, and Adulteration of Drugs and Cosmetics, 26-3-1 through 26-3-24.

ARTICLE 17 COOPERATION IN IMPLEMENTATION OF FEDERAL FOOD SAFETY MODERNIZATION ACT

26-3-21. Construction of chapter.

The provisions of this chapter regarding the selling of drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offering, possession, and holding of any such article for sale, the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any drug or cosmetic establishment.

(Ga. L. 1961, p. 529, § 2; Code 1933, § 79A-1002, enacted by Ga. L. 1967, p. 296, § 1.)

Cross references.

- Insurance coverage for prescription drugs used in manner different than use authorized by FDA, § 33-24-59.11.

JUDICIAL DECISIONS

Georgia Drug and Cosmetic Act is not unconstitutional as violating the provisions of Ga. Const. 1945, Art. III, Sec. VII, Para. VIII (see now Ga. Const. 1983, Art. III, Sec. V, Para. III), which prohibits the inclusion of more than one subject matter in any act of the General Assembly. Crumley v. Head, 225 Ga. 246, 167 S.E.2d 651 (1969) (decided under former Ga. Const. 1945, Art. III, Sec. VII, Para. VIII).

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advertising, §§ 2, 6. 25 Am. Jur. 2d, Drugs and Controlled Substances, § 1. 32 Am. Jur. 2d, False Pretenses, § 75.

C.J.S.

- 20 C.J.S., Cosmetic, 1 et seq. 28 C.J.S., Drugs and Narcotics, §§ 2, 14-20. 37 C.J.S., Fraud, § 85 et seq.

ALR.

- Provisions of statutes against misbranding or false labeling of food, drug, or cosmetic products, as applicable to literature other than that attached to product itself, 143 A.L.R. 1453.

Promotional efforts directed toward prescribing physician as affecting prescription drug manufacturer's liability for product-caused injury, 94 A.L.R.3d 1080.

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