In addition to the remedies provided the board is authorized to apply to the district court for, and the court shall have jurisdication [jurisdiction] upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any other person from violating any provision of Section 3 [26-1-3 NMSA 1978] of the New Mexico Drug and Cosmetic Act [New Mexico Drug Device and Cosmetic Act], irrespective of whether or not there exists an adequate remedy at law.
History: 1953 Comp., § 54-6-29, enacted by Laws 1967, ch. 23, § 4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
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 warnings for minor violations, see 26-1-8 NMSA 1978.
For penalties generally, see 26-1-26 NMSA 1978.
No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggists or wholesalers at a meeting of the board and then set out and collect a fine for any violation or violations of the pharmacy laws at said meeting from said druggists or wholesalers. 1953 Op. Att'y Gen. No. 53-5865 (opinion rendered under former law).
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.