Iowa Code § 126.1
Title
This chapter may be cited as the “Iowa Drug, Device, and Cosmetic Act”.
Iowa Code Chapter 126 — Drugs, Devices, and Cosmetics
Iowa · statute · Iowa Code ch. 126 · 25 active provisions
Iowa Code § 126.2
Definitions
As used in this chapter, unless the context otherwise requires: 1. “Advertising” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. 2. “Anabolic ster…
Iowa Code § 126.2A
Applicability
The provisions of this chapter regarding the selling of drugs, devices, or cosmetics are applicable to the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any…
Iowa Code § 126.3
Prohibited acts
The following acts and the causing of the acts within this state are unlawful: 1. The introduction or delivery for introduction into commerce of any drug, device, or cosmetic that is adulterated or misbranded. 2. The adulteration or misbranding of any drug, device, or cosmetic in commerce. 3. The receipt in commerce of…
Iowa Code § 126.4
Injunction proceedings
The board may apply to the district court for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 126.3 whether or not there exists an adequate remedy at law.
Iowa Code § 126.5
Penalties — guaranty — false advertising liability
1. A person who violates a provision of this chapter, other than a violation of section 126.3, subsection 23, is guilty of a serious misdemeanor; but if the violation is committed after a conviction of the person under this section has become final, the person is guilty of an aggravated misdemeanor. 2. A person is not…
Iowa Code § 126.6
Embargo
1. If a duly authorized agent of the board finds, or has probable cause to believe, that a drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, or is in violation of section 126.12, the agent shall affix to the article a tag or other appropriate…
Iowa Code § 126.7
Prosecutions
The attorney general, or a county attorney, or a city attorney to whom the board reports a violation of this chapter, shall cause appropriate court proceedings to be instituted without delay and to be prosecuted in the manner required by law. Before a violation of this chapter is reported to any such attorney for the i…
Iowa Code § 126.8
Minor violations
This chapter does not require the board to report minor violations for prosecution, or for the institution of proceedings under this chapter, if the board believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Iowa Code § 126.9
Drugs and devices — adulteration
A drug or device is adulterated under any of the following circumstances: 1. a. If it consists in whole or in part of any filthy, putrid, or decomposed substance. b. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have be…
Iowa Code § 126.10
Drugs and devices — misbranding — labeling
1. A drug or device is misbranded under any of the following circumstances: a. If its labeling is false or misleading in any particular. b. 1. If in a package form unless it bears a label containing both of the following: a. The name and place of business of the manufacturer, packer, or distributor. b. An accurate stat…
Iowa Code § 126.11
Exemptions in cases of drugs and devices — dispensing by prescription only
1. The board shall adopt rules exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packaged, on con…
Iowa Code § 126.12
New drugs
1. A person shall not sell, deliver, offer for sale, hold for sale, or give away a new drug unless both of the following apply: a. An application with respect to the new drug has been approved and the approval has not been withdrawn under section 505 of the federal Act. b. A copy of the letter of approval or approvabil…
Iowa Code § 126.14
Cosmetics — adulteration
A cosmetic is adulterated if any of the following apply: 1. a. It bears or contains a poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in its labeling or under customary or usual conditions of use. However, this does not apply to coal-tar hair dye if the l…
Iowa Code § 126.15
Cosmetics — misbranding
1. A cosmetic is misbranded if any of the following apply: a. Its labeling is false or misleading in any particular. b. If in package form unless it bears a label containing both of the following: 1. The name and place of business of the manufacturer, packer, or distributor. 2. An accurate statement of the quantity of…
Iowa Code § 126.16
False advertising
1. The advertising of a drug, device, or cosmetic is false if it is false or misleading in any particular. 2. For the purpose of this chapter, advertising is false if it represents a drug, device, or cosmetic to have any effect in the diagnosis, prevention, or treatment of arthritis, blood disorders, bone or joint dise…
Iowa Code § 126.17
Rules — hearings
1. The board may adopt rules pursuant to chapter 17A for the efficient enforcement of this chapter. The board may make the rules adopted under this chapter conform, insofar as practicable, with those regulations adopted pursuant to the federal Act. 2. Hearings authorized or required by this chapter shall be conducted b…
Iowa Code § 126.18
Inspections
1. a. For purposes of enforcement of this chapter, the board or any of its authorized agents, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following: 1. Enter at reasonable times any factory, warehouse, or other establishment in which drugs, devices, or cosmetic…
Iowa Code § 126.19
Publicity
1. The board may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charges and their disposition. 2. The board may also cause to be disseminated information regarding drugs, devices, or cosmetics,…
Iowa Code § 126.20
Chapter not applicable to commercial feed
This chapter does not apply to the Iowa Commercial Feed Law of 1974 under chapter 198 or to administrative rules adopted pursuant to chapter 198.
Iowa Code § 126.21
Chapter not applicable to animal drugs
This chapter does not apply to drugs intended for use for animals and not for humans.
Iowa Code § 126.22
Nitrous oxide
1Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses, or who knowingly and with the intent to do s…
Iowa Code § 126.23
Gamma-hydroxybutyrate
1Unlawful possession. Any person who possesses gamma-hydroxybutyrate (also known as gamma-hydroxybutyric acid, or GHB), or any substance containing gamma-hydroxybutyrate, commits an aggravated misdemeanor. This subsection shall not apply to any person who obtains or possesses gamma-hydroxybutyrate or any material conta…
Iowa Code § 126.23A
Pseudoephedrine retail restrictions
1. a. A retailer or an employee of a retailer shall not do any of the following: 1. Sell more than seven thousand five hundred milligrams of pseudoephedrine to the same person within a thirty-day period. 2. Knowingly sell more than one package of a product containing pseudoephedrine to a person in a twenty-four-hour pe…
Iowa Code § 126.23B
Civil penalty
1. A city or a county may enforce section 126.23A, after giving the retailer an opportunity to be heard upon ten days’ written notice by restricted certified mail stating the alleged violation and the time and place at which the retailer may appear and be heard. 2. For a violation of section 126.23A by the retailer or…