2019 New Mexico Statutes
Chapter 26 - Drugs and Cosmetics
Article 1 - General Provisions
Section 26-1-4 - Power to enjoin violations.
In addition to the remedies provided the board is authorized to apply to the district court for, and the court shall have jurisdication [jurisdiction] upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any other person from violating any provision of Section 3 [26-1-3 NMSA 1978] of the New Mexico Drug and Cosmetic Act [New Mexico Drug Device and Cosmetic Act], irrespective of whether or not there exists an adequate remedy at law.
History: 1953 Comp., § 54-6-29, enacted by Laws 1967, ch. 23, § 4.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 1987, ch. 270, § 8 provided that references to the New Mexico Drug and Cosmetic Act shall be construed as references to the New Mexico Drug, Device and Cosmetic Act.
Cross references. — For warnings for minor violations, see 26-1-8 NMSA 1978.
For penalties generally, see 26-1-26 NMSA 1978.
No authority to charge at board meeting and then collect fine. — The pharmacy board has no authority to charge druggists 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).
