US Laws, Codes, Statutes & Cases

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 1
                      IDAHO FOOD, DRUG AND COSMETIC ACT
    37-117.  VIOLATIONS -- PENALTY -- EXCEPTIONS.
    (1)  (a) Any person who intentionally adulterates a drug that is held for
    sale or distribution, or that is to be administered or dispensed, shall be
    guilty of a felony and shall, upon conviction thereof, be subject to
    imprisonment for not more than fifteen (15) years or a fine of not more
    than fifty thousand dollars ($50,000), or both.
    (b)  Any health care provider who, with knowledge that a drug has been
    adulterated, permits that drug to be administered or dispensed to a person
    shall be guilty of a felony and shall, upon conviction thereof, be subject
    to imprisonment for not more than fifteen (15) years, or a fine of not
    more than fifty thousand dollars ($50,000), or both. For the purposes of
    this subsection, the term "health care provider" shall be defined as any
    person licensed in this state to prescribe, dispense, conduct research
    with respect to, or administer drugs in the course of professional
    practice and any unlicensed person, who, as part of such person's
    employment or profession, provides health care services.
    (c)  The determination of whether or not a drug has been adulterated shall
    be made in accordance with the provisions of section 37-126, Idaho Code.
    (2)  Any person who violates any of the provisions of this act or of rules
promulgated by the board of health and welfare thereunder or who interferes
with the director of the department of health and welfare or the personnel of
the department in the administration of this act shall be guilty of a
misdemeanor and shall on conviction thereof be subject to imprisonment for not
more than six (6) months or a fine of not more than five hundred dollars
($500), or both such imprisonment and fine, but if the violation is committed
after a conviction of such person under this section has become final, such
person shall be subject to imprisonment for not more than one (1) year, or a
fine of not more than one thousand dollars ($1000), or both such imprisonment
and fine.
    (3)  No person shall be subject to the penalties of subsection (2) of this
section, for having violated section 37-115 (a) or (c), Idaho Code, if he
establishes a guaranty or undertaking signed by, and containing the name and
address of, the person residing in the state of Idaho from whom he received in
good faith the article, to the effect that such article  is not adulterated or
misbranded within the meaning of this act, designating this act.
    (4)  No publisher, radio broadcast licensee, or agency or medium for the
dissemination of an advertisement, except the manufacturer, packer,
distributor, or seller of the article to which a false advertisement relates,
shall be liable under this section by reason of the dissemination by him of
such false advertisement, unless he has refused, on the request of the
director to furnish him the name and post-office address of the manufacturer,
packer, distributor, seller, or advertising agency, residing in the state of
Idaho who causes him to disseminate such advertisement.