Sec. 1. (a) IC 16-42-1 through IC 16-42-4 are intended to safeguard the public health and promote the public welfare by protecting the:
(1) consuming public from injury by product use; and
(2) purchasing public from injury by merchandising deceit;
flowing from intrastate commerce in food, drugs, devices, and cosmetics.
(b) IC 16-42-1 through IC 16-42-4 are intended to be uniform with the:
(1) Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), as amended by the FDA Food Safety Modernization Act (Public Law 111-353); and
(2) Federal Trade Commission Act (15 U.S.C. 41 et seq.);
including amendments to those statutes, to the extent they expressly outlaw the false advertisement of food, drugs, devices, and cosmetics.
(c) IC 16-42-1 through IC 16-42-4 thus promote uniformity of such statutes and their administration and enforcement throughout the United States.
[Pre-1993 Recodification Citation: 16-1-28-2(a), (b).]
As added by P.L.2-1993, SEC.25. Amended by P.L.101-2018, SEC.3.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 1. Uniform Food, Drug, and Cosmetic Act: General Provisions
16-42-1-1.1. Duties of State Veterinarian and State Board of Animal Health
16-42-1-2. Authority to Adopt Certain Federal Regulations
16-42-1-3. Adoption of Regulations; Notice and Hearing
16-42-1-4. Construction of Act and Rules
16-42-1-5. Federal Agency References; Successor Agency
16-42-1-7. Misleading Advertising or Labeling; Evaluation of Representations
16-42-1-8. Labeling Requirements; Visibility
16-42-1-9. Advertisements; Curative or Therapeutic Effect for Certain Diseases
16-42-1-10. Samples or Specimen; Investigation and Examination
16-42-1-11. Inspection of Records
16-42-1-12. Access to and Copying of Records; Use of Evidence
16-42-1-13. Entry and Inspections
16-42-1-14. Report of Judgments, Orders, and Decrees
16-42-1-15. Dissemination of Information
16-42-1-16. Prohibited Acts; Defenses; Injunctions
16-42-1-17. Schedule of Civil Penalties; Order of Compliance; Consolidation of Proceedings
16-42-1-18. Embargo or Detention of Adulterated or Misbranded Merchandise; Tagging or Marking
16-42-1-19. Condemnation of Detained or Embargoed Merchandise; Petition
16-42-1-20. Seizure and Destruction of Embargoed or Detained Merchandise
16-42-1-21. Filing of Answer or Demurrer
16-42-1-22. Rights of Litigants
16-42-1-25. Judgment for Costs
16-42-1-26. Return of Libeled Merchandise; Liability for Damages
16-42-1-27. New Trial; Appeal; Appeal Bond
16-42-1-28. Judgment as Evidence
16-42-1-29. Costs Not Adjudicated Against Defendants
16-42-1-30. Libel for Condemnation; Procedure
16-42-1-31. Destruction of Adulterated or Misbranded Products; Expenses
16-42-1-32. Notice and Opportunity for Hearing Preceding Criminal Prosecution