37-117. VIOLATIONS — PENALTY — EXCEPTIONS.

(1) (a) Any person who intentionally adulterates a drug that is held for sale or distribution, or that is to be administered or dispensed, shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years or a fine of not more than fifty thousand dollars ($50,000), or both.

(b) Any health care provider who, with knowledge that a drug has been adulterated, permits that drug to be administered or dispensed to a person shall be guilty of a felony and shall, upon conviction thereof, be subject to imprisonment for not more than fifteen (15) years, or a fine of not more than fifty thousand dollars ($50,000), or both. For the purposes of this subsection, the term "health care provider" shall be defined as any person licensed in this state to prescribe, dispense, conduct research with respect to, or administer drugs in the course of professional practice and any unlicensed person, who, as part of such person’s employment or profession, provides health care services.

(c) The determination of whether or not a drug has been adulterated shall be made in accordance with the provisions of section 37-126, Idaho Code.

(2) Any person who violates any of the provisions of this act or of rules promulgated by the board of health and welfare thereunder or who interferes with the director of the department of health and welfare or the personnel of the department in the administration of this act shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six (6) months or a fine of not more than five hundred dollars ($500), or both such imprisonment and fine, but if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than one (1) year, or a fine of not more than one thousand dollars ($1000), or both such imprisonment and fine.

(3) No person shall be subject to the penalties of subsection (2) of this section, for having violated section 37-115 (a) or (c), Idaho Code, if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the state of Idaho from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this act, designating this act.

(4) No publisher, radio broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the director to furnish him the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Idaho who causes him to disseminate such advertisement.

History:

[37-117, added 1959, ch. 153, sec. 5, p. 351; am. 1974, ch. 23, sec. 16, p. 633; am. 2002, ch. 231, sec. 1, p. 661.]