O.C.G.A.

O.C.G.A. § 26-3-21 (2019)

Construction of chapter

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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.

History

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

Annotations

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 Ga. LEXIS 451 (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 et seq. 32 Am. Jur. 2d, False Pretenses, § 79 et seq. 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 mis-

branding 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.