It is the duty of the attorney general or the various district attorneys of this state to whom the board reports any violation of the New Mexico Drug, Device and Cosmetic Act to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.
History: 1953 Comp., § 54-6-32, enacted by Laws 1967, ch. 23, § 7; 2005, ch. 152, § 2.
Cross references. — For duties generally of attorney general, see 8-5-2 NMSA 1978.
The 2005 amendment, effective June 17, 2005, deleted the provision that requires the board to permit the person against whom criminal proceedings are contemplated to present his or her views to the board before a violation is reported to the district attorney.
No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggist 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.