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20-56-219. State Board of Health — Authority to regulate.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-219. State Board of Health — Authority to regulate.
(a)(1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.
(2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.
(b)(1) Before promulgating any rules contemplated by § 20-56-209(10), § 20-56-211(4), § 20-56-211(6)-(8), § 20-56-214(b), § 20-56-217, or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.
(2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation.
(3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
(c)(1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
(3) The definitions and standards so promulga
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-219
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-56-219
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 06ceffb15cca0102900cba45c74d9f55af079ca1be5fb13a06b7cbf23d627484
Source location: content.xml paragraph 29960
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20-56-219. State Board of Health — Authority to regulate.
(a)(1) The authority to promulgate rules for the efficient enforcement of this subchapter is vested in the State Board of Health.
(2) The board is authorized to make the rules promulgated under this subchapter conform, insofar as practicable, with those promulgated under the Federal Food, Drug, and Cosmetic Act.
(b)(1) Before promulgating any rules contemplated by § 20-56-209(10), § 20-56-211(4), § 20-56-211(6)-(8), § 20-56-214(b), § 20-56-217, or subsection (c) of this section, the board shall give appropriate notice of the proposal and of the time and place for a hearing.
(2) The rule so promulgated shall become effective on a date fixed by the board which shall not be before thirty (30) days after its promulgation.
(3) The rule may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a rule amending or repealing a rule, the board, to such an extent as it deems necessary in order to prevent undue hardship, may disregard the foregoing provisions regarding notice, hearing, or effective date.
(c)(1) Whenever in the judgment of the board such action will promote honesty and fair dealing in the interest of consumers, the board shall promulgate rules fixing and establishing for any food or class of food a reasonable definition and standard of identity or reasonable standard of quality or fill of container.
(2) In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the board shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label.
(3) The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the Federal Food, Drug, and Cosmetic Act.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-209. Misbranded food.
A food shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is offered for sale under the name of another food;
(3) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and, immediately thereafter, the name of the food imitated;
(4) If its container is so made, formed, or filled as to be misleading;
(5) If in package form, unless it bears a label containing:
(A) The name and place of business of the manufacturer, packer, or distributor; and
(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted, and exemptions as to small packages shall be established by rules prescribed by the State Board of Health;
(6) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as considered as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rules or regulations as provided by § 20-56-219 or by the Federal Food, Drug, and Cosmetic Act, unless:
(A) It conforms to the definition and standard; and
(B) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by rules or regulations, the common names of optional ingredients other than spices,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-56-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-211. Misbranded drug or device.
A drug or device shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If in package form unless it bears a label containing:
(A) The name and place of business of the manufacturer, packer, or distributor. However, in the case of any drug subject to subdivision (11) of this section, the label shall contain the name and place of business of the manufacturer of the final dosage form of the drug and, if different, the name and place of business of the packer or distributor thereof; and
(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules prescribed by the State Board of Health;
(3) If any word, statement, or other information required by or under authority of this subchapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) If it is for use by humans and contains any quantity of narcotic or hypnotic substance, alpha-sucaine, barbituric acid, beta-sucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substances, which derivative has been designated as habit-forming by regulations promulgated under § 502(d) [repealed] of the Federal Food, Drug, and Cosmetic Act unless its label bears the name and quantity or proportion of the su
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-211
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-56-211. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-214. False or misleading advertisement.
(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b)(1)(A) For the purpose of this subchapter, the advertisement of a drug or device shall also be deemed to be false if the advertisement represents the drug or device to have any effect on any of the following diseases or conditions:
(i) Albuminuria;
(ii) Appendicitis;
(iii) Arteriosclerosis;
(iv) Blood poison;
(v) Bone disease;
(vi) Bright's disease;
(vii) Cancer;
(viii) Carbuncles;
(ix) Cholecystitis;
(x) Diabetes;
(xi) Diphtheria;
(xii) Dropsy;
(xiii) Erysipelas;
(xiv) Gallstones;
(xv) Heart and vascular diseases;
(xvi) High blood pressure;
(xvii) Mastoiditis;
(xviii) Measles;
(xix) Meningitis;
(xx) Mumps;
(xxi) Nephritis;
(xxii) Otitis media;
(xxiii) Paralysis;
(xxiv) Pneumonia;
(xxv) Poliomyelitis or infantile paralysis;
(xxvi) Prostate gland disorders;
(xxvii) Pyelitis;
(xxviii) Scarlet fever;
(xxix) Sexual impotence;
(xxx) Sexually transmitted disease;
(xxxi) Sinus infection;
(xxxii) Smallpox;
(xxxiii) Tuberculosis;
(xxxiv) Tumors;
(xxxv) Typhoid; or
(xxxvi) Uremia.
(B) An advertisement of a drug or device shall not be deemed to be false under this subsection if the advertisement is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drug or device.
(2) However, whenever the State Board of Health determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in subdivision (b)(1)(A) of this section, the board shall by rule authorize the advertisement of drugs h
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-56-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-56-217. Contamination with microorganisms.
(a) Whenever the State Board of Health finds after investigation that the distribution in Arkansas of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that the injurious nature cannot be adequately determined after the articles have entered commerce, it then, and in that case only, shall promulgate rules providing for the issuance of permits to manufacturers, processors, or packers of the class of food in the locality. To these permits shall be attached such conditions governing the manufacture, processing, or packing of the class of food for such temporary period of time as may be necessary to protect the public health. After the effective date of the rules and during the temporary period, no person shall introduce or deliver for introduction into commerce any food manufactured, processed, or packed by any manufacturer, processor, or packer unless the manufacturer, processor, or packer holds a permit issued by the board as provided by the rules.
(b) The board is authorized to suspend immediately upon notice any permit issued under authority of this section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of the permit. The board shall, immediately after prompt hearing and an inspection of the establishment, reinstate the permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit, as originally issued or as amended.
(c) Any officer or employee designated by the board shall have access to any factory or establishment, the op
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-56-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-56-217. This identifies an authority to review, not proof of applicability.