2021 -- H 5550

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LC001690

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS -- COSMETIC LABELING

     

     Introduced By: Representatives Lombardi, and Henries

     Date Introduced: February 12, 2021

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-31-3 of the General Laws in Chapter 21-31 entitled "Rhode Island

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Food, Drugs, and Cosmetics Act" is hereby amended to read as follows:

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     21-31-3. Prohibited acts.

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     The following acts and the causing of those acts within the state of Rhode Island are

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prohibited:

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     (1) The manufacture, sale, or delivery, or holding or offering for sale of any food, drug,

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device, or cosmetic that is adulterated or misbranded.

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     (2) The adulteration or misbranding of any food, drug, device, or cosmetic.

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     (3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or

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misbranded, and the delivery or proferred delivery of it for pay or otherwise.

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     (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation

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of § 21-31-12 or 21-31-16.

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     (5) The dissemination of any false advertisement.

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     (6) The refusal to permit entry or inspection, or to permit the taking of a sample, as

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authorized by § 21-31-21.

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     (7) The giving of a guaranty of undertaking which guaranty or undertaking is false, except

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by a person who relied on a guaranty or undertaking to the same effect signed by, and containing

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the name and address of, the person residing in the state of Rhode Island from whom he or she

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received in good faith the food, drug, device, or cosmetic.

 

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     (8) The removal or disposal of a detained or embargoed article in violation of § 21-31-6.

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     (9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part

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of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if

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that act is done while the article is held for sale and results in the article's being adulterated or

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misbranded.

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     (10) Forging, counterfeiting, simulating, or falsely representing, or without proper

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authority using, any mark, stamp, tag, label, or other identification device authorized or required

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by regulations promulgated under the provisions of this chapter.

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     (11) The using, on the labeling of any drug or in any advertisement relating to the drug, of

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any representation or suggestion that any application with respect to the drug is effective under §

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21-31-16, or that the drug complies with the provisions of that section.

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     (12)(i) The possession of any habit-forming, toxic, harmful, or new drug subject to § 21-

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31-15(a)(11)(i) unless the possession of that drug has been obtained by a valid prescription of a

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practitioner licensed by law to administer those drugs; provided, that the provisions of this

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subdivision shall not be applicable to the delivery of those drugs to persons included in any of the

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classes named below, or to the agents or employees of these persons, for use in the usual course of

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their official duties, as the case may be, or to the possession of those drugs by these persons or their

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agents or employees for that use: (A) pharmacists; (B) practitioners; (C) persons who procure the

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drugs for disposition by or under the supervision of pharmacists or practitioners employed by them

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or for the purpose of lawful research, teaching, or testing, and not for resale; (D) hospitals or other

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institutions which procure the drugs for lawful administration by practitioners; (E) officers or

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employees of federal, state, or local governments; (F) manufacturers and wholesalers lawfully

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engaged in selling those drugs to authorized persons; and (G) common carriers and warehouse

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operators while engaged in lawfully transporting or storing the drugs for authorized persons.

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     (ii) The possession of a drug under paragraph (i) of this subdivision not properly labeled to

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indicate that possession is by a valid prescription of a practitioner licensed by law to administer the

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drug by any person not exempted under this chapter shall be prima facie evidence that the

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possession is unlawful; provided, that the provisions of this paragraph shall not be applicable where

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a portion of the whole amount of a drug lawfully obtained under the provisions of this chapter not

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in excess of an amount sufficient to meet the medical requirements of the patient in any twenty-

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four (24) consecutive hours, as indicated in the directions for use by the practitioner prescribing or

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dispensing the drug, is possessed in a container to suit the convenience of the patient.

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     (13) The sale of all unprocessed and/or uncooked fish, shellfish, and scallops by retail

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markets and other retailers without a label indicating whether the fish, shellfish, or scallops have

 

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ever been frozen.

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     (14) The making, issuing, or uttering of any false or forged prescription.

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     (15) The processing or selling or holding for sale of any "distressed merchandise" in this

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state without a permit from the director of health.

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     (16) The holding, selling, or offering for sale of any food (or drug) which has been

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condemned or voluntarily disposed of by action of the director of health.

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     (17) Use of the term "native" unless used as defined in § 21-31-2. The retail consumer has

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a right to know and the retailer shall provide upon request the origin of nonnative uncooked and/or

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unprocessed shellfish and/or scallops.

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     (18) The manufacturing, sale, or delivery, or holding or offering for sale of any cosmetic

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if its label does not contain a complete and accurate listing of each and every component ingredient

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contained in that cosmetic.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- COSMETIC LABELING

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     This act would require that all cosmetics manufactured, sold, delivered, or held for offering

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to be sold contain a label that completely and accurately lists all of their component ingredients.

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     This act would take effect upon passage.

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