Revised Code of Washington
Chapter 69.04 - Intrastate Commerce in Drugs and Cosmetics.
69.04.040 - Prohibited acts.

RCW 69.04.040
Prohibited acts.

The following acts and the causing thereof are hereby prohibited:
(1) The sale in intrastate commerce of any drug, device, or cosmetic that is adulterated or misbranded.
(2) The adulteration or misbranding of any drug, device, or cosmetic in intrastate commerce.
(3) The receipt in intrastate commerce of any drug, device, or cosmetic that is adulterated or misbranded, and the sale thereof in such commerce for pay or otherwise.
(4) The introduction or delivery for introduction into intrastate commerce of any new drug in violation of RCW 69.04.570.
(5) The dissemination within this state, in any manner or by any means or through any medium, of any false advertisement.
(6) The refusal to permit (a) entry and the taking of a sample or specimen or the making of any investigation or examination as authorized by RCW 69.04.780; or (b) access to or copying of any record as authorized by RCW 69.04.810.
(7) The refusal to permit entry or inspection as authorized by RCW 69.04.820.
(8) The removal, mutilation, or violation of an embargo notice as authorized by RCW 69.04.110.
(9) The giving of a guaranty or undertaking in intrastate commerce, referred to in RCW 69.04.080, that is false.
(10) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a drug, device, or cosmetic, or the doing of any other act with respect to a drug, device, or cosmetic, or the labeling or advertisement thereof, which results in a violation of this chapter.
(11) The using in intrastate commerce, in the labeling or advertisement of any drug, of any representation or suggestion that an application with respect to such drug is effective under section 505 of the federal act or under RCW 69.04.570, or that such drug complies with the provisions of either such section.

[ 2018 c 236 § 601; 1945 c 257 § 22; Rem. Supp. 1945 § 6163-71. Prior: 1917 c 168 § 1; 1907 c 211 § 1; 1901 c 94 § 1.]

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.04 - Intrastate Commerce in Drugs and Cosmetics.

69.04.001 - Statement of purpose.

69.04.002 - Introductory.

69.04.003 - "Federal act" defined.

69.04.004 - "Intrastate commerce."

69.04.005 - "Sale."

69.04.006 - "Director."

69.04.007 - "Person."

69.04.008 - "Food."

69.04.009 - "Drugs."

69.04.010 - "Device."

69.04.011 - "Cosmetic."

69.04.012 - "Official compendium."

69.04.013 - "Label."

69.04.014 - "Immediate container."

69.04.015 - "Labeling."

69.04.016 - "Misleading labeling or advertisement," how determined.

69.04.017 - "Antiseptic" as germicide.

69.04.018 - "New drug" defined.

69.04.019 - "Advertisement."

69.04.020 - "Contaminated with filth."

69.04.040 - Prohibited acts.

69.04.050 - Remedy by injunction.

69.04.060 - Criminal penalty for violations.

69.04.070 - Additional penalty.

69.04.080 - Avoidance of penalty.

69.04.090 - Liability of disseminator of advertisement.

69.04.100 - Condemnation of adulterated or misbranded article.

69.04.110 - Embargo of articles.

69.04.120 - Procedure on embargo.

69.04.130 - Petitions may be consolidated.

69.04.140 - Claimant entitled to sample.

69.04.150 - Damages not recoverable if probable cause existed.

69.04.160 - Prosecutions.

69.04.170 - Minor infractions.

69.04.180 - Proceedings to be in name of state.

69.04.370 - Right of access for inspection.

69.04.410 - Drugs—Adulteration by harmful substances.

69.04.420 - Drugs—Adulteration for failure to comply with compendium standard.

69.04.430 - Drugs—Adulteration for lack of represented purity or quality.

69.04.440 - Drugs—Adulteration by admixture or substitution of ingredients.

69.04.450 - Drugs—Misbranding by false labeling.

69.04.460 - Packaged drugs—Misbranding.

69.04.470 - Drugs—Misbranding by lack of prominent label.

69.04.480 - Drugs—Misbranding for failure to state content of habit forming drug.

69.04.490 - Drugs—Misbranding by failure to show usual name and ingredients.

69.04.500 - Drugs—Misbranding by failure to give directions for use and warnings.

69.04.510 - Drugs—Misbranding for improper packaging and labeling.

69.04.520 - Drugs—Misbranding for failure to show possibility of deterioration.

69.04.530 - Drugs—Misbranding by misleading representation.

69.04.540 - Drugs—Misbranding by sale without prescription of drug requiring it.

69.04.550 - Drugs exempt if in transit for completion purposes.

69.04.560 - Dispensing of certain drugs exempt.

69.04.565 - DMSO (dimethyl sulfoxide) authorized.

69.04.570 - Introduction of new drug.

69.04.580 - Application for introduction.

69.04.590 - Effective date of application.

69.04.600 - Denial of application.

69.04.610 - Revocation of denial.

69.04.620 - Service of order of denial.

69.04.630 - Drug for investigational use exempt.

69.04.640 - Court review of denial.

69.04.650 - Dispensing of certain drugs exempt.

69.04.660 - Federally licensed drugs exempt.

69.04.670 - Cosmetics—Adulteration by injurious substances.

69.04.680 - Cosmetics—Misbranding by false label, etc.

69.04.690 - Cosmetics—Misbranding by lack of prominent label.

69.04.700 - Cosmetics exempt if in transit for completion purposes.

69.04.710 - Advertisement, when deemed false.

69.04.720 - Advertising of cure of certain diseases deemed false.

69.04.730 - Enforcement, where vested—Regulations.

69.04.740 - Regulations to conform with federal regulations.

69.04.750 - Hearings.

69.04.761 - Hearing on proposed regulation—Procedure.

69.04.770 - Review on petition prior to effective date.

69.04.780 - Investigations—Samples—Right of entry—Verified statements.

69.04.790 - Owner may obtain part of sample.

69.04.800 - Access to records of other agencies.

69.04.810 - Access to records of intrastate carriers.

69.04.820 - Right of entry to factories, warehouses, vehicles, etc.

69.04.830 - Publication of reports of judgments, orders and decrees.

69.04.840 - Dissemination of information.

69.04.850 - Construction—1945 c 257.

69.04.860 - Effective date of chapter—1945 c 257.

69.04.880 - Civil penalty.