Chapter 26, Article 1 NMSA 1978 may be cited as the "New Mexico Drug, Device and Cosmetic Act".
History: 1953 Comp., § 54-6-26, enacted by Laws 1967, ch. 23, § 1; 1987, ch. 270, § 1.
Compiler's notes. — Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references. — For drug product selection, see Article 3 of this chapter.
For provisions of the Controlled Substances Act, see 30-31-1 NMSA 1978 et seq.
The 1987 amendment, effective June 19, 1987, substituted the present catchline for the former catchline, which read "Title of act"; substituted "Chapter 26, Article 1 NMSA 1978" for "This act"; and inserted "Device."
Objective of article, in general, is to help establish a closed regulatory system for the legitimate handlers of controlled drugs. Pharmaceutical Mfrs. Ass'n v. N.M. Bd. of Pharmacy, 1974-NMCA-038, 86 N.M. 571, 525 P.2d 931, cert. quashed, 86 N.M. 657, 526 P.2d 799.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics, and Poisons §§ 1, 2, 8, 9, 10, 14, 15, 17, 19, 33, 69, 72, 75, 76, 98, 100, 130, 141, 191, 206.
Products liability: sufficiency of evidence to support product misuse defense in actions concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7.
Products liability: sufficiency of evidence to support product misuse defense in actions concerning cosmetics and other personal care products, 58 A.L.R.4th 40.
Products liability: mascara and other eye cosmetics, 63 A.L.R.4th 105.
Products liability of endorser, trade association, certifier, or similar party who expresses approval of product, 1 A.L.R.5th 431.
28 C.J.S. Supp. Drugs and Narcotics §§ 1 to 9.
Structure 2021 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 1 - General Provisions
Section 26-1-3 - Prohibited acts.
Section 26-1-3.2 - Prescription drug donation.
Section 26-1-4 - Power to enjoin violations.
Section 26-1-5 - Penalty; exemptions.
Section 26-1-7 - Attorney general or district attorney to institute prosecutions.
Section 26-1-8 - Minor violations of act; warnings authorized.
Section 26-1-9 - Addition of poisonous or deleterious substances; color additives.
Section 26-1-10 - Drug or device adulteration.
Section 26-1-11 - Drug or device; misbranding.
Section 26-1-12 - False advertising.
Section 26-1-13 - Packaging and labeling requirements; proprietary preparations.
Section 26-1-14 - New drugs and devices; prerequisites to sale, delivery or giving away; exceptions.
Section 26-1-15 - Dangerous drugs; veterinary use; limitations.
Section 26-1-16 - Dangerous drugs; conditions for sale; prescription refilling; limitations.
Section 26-1-17 - Testing laboratory.
Section 26-1-18 - Promulgating regulations; procedure.
Section 26-1-18.1 - Prescription drug prior authorization protocols.
Section 26-1-19 - Power to make inspections and secure samples.
Section 26-1-21 - Power of board to publish reports and disseminate information.
Section 26-1-22 - Unlawful means of obtaining dangerous drugs enumerated.
Section 26-1-23 - False statements; false pretenses; forgery of labels or prescriptions prohibited.
Section 26-1-24 - Cosmetics; misbranding.