Guam § 40103 - Prohibited Acts.

§ 40103. Prohibited Acts.

The following acts and the causing thereof within the territory of Guam

are hereby prohibited:

(1) The manufacture, sale or delivery, holding or offering for sale of

any food, drug, device or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any food, drug, device or

cosmetic, except that, in the case of a food for which the pull date has

expired, it may be sold, provided that a sign or notice clearly expressing the

fact that the pull date has expired is placed in a conspicuous place next to

the items in such a manner as to clearly inform the consumer as to the

affected commodities;

(3) The receipt in commerce of any food, drug, device or cosmetic that

is adulterated or misbranded, and the delivery or proffered delivery thereof

for pay or otherwise;

(4) The distribution in commerce of a consumer commodity if such

commodity is contained in a package, or if there is affixed to that

commodity a label, which does not conform to the provisions of this

Chapter and of regulations promulgated under authority of this Chapter;

provided, however, that this prohibition shall not apply to persons engaged

in business as wholesale or retail distributors of consumer commodities

except to the extent that such persons:

(i) are engaged in the packaging or labeling of such commodities;

or

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(ii) prescribe or specify by any means the manner in which such

commodities are packaged or labeled;

(5) The sale, delivery for sale, holding for sale, or offering for sale of

any article in violation of ''40111 or 40117;

(6) The dissemination of any false advertisement;

(7) The refusal to permit entry or inspection, or to permit the taking of

a sample, or to permit access to or copying of any record as authorized by

'40123;

(8) The giving of a guaranty or undertaking which is false;

(9) The removal or disposal of a detained or embargoed article in

violation of '40106;

(10) The alteration, mutilation, destruction, obliteration or removal of

the whole or part of the labeling of, or the doing of any other Act with

respect to a food, drug, device or cosmetic, if such act is done while such

article is held for sale and results in such article being adulterated or

misbranded;

(11) Repackaging of food, drugs or cosmetics unless the repackaged

product conforms to all labeling requirements set out in this Act;

(12) Forging, counterfeiting, simulating or falsely representing, or

without proper authority using any mark, stamp, tag, label or other

identification device, authorized or required by regulations promulgated

under the provisions of this Chapter or of the Federal Act;

(13) The using by any person to his own advantage, or revealing, other

than to the Consumer Counsel or his authorized representative or to the

Courts when relevant in any judicial proceeding of any information ac-

quired under authority of this Chapter concerning any method or process

which as a trade secret is entitled to protection;

(14) The using, on the labeling of any drug or in any advertisement

relating to such drug, or any representation or suggestion that an application

with respect to such drug is effective under '40117, or that such drug

complies with the provisions of such Section;

(15) In the case of a prescription drug distributed or offered for sale in

this Territory, the failure of the manufacturer, packer or distributor thereof to

maintain for transmittal or to transmit, to any practitioner licensed by

applicable law to administer such drug who makes written request for

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information as to such drug, true and correct copies of all printed matter

which is required to be included in any package in which that drug is

distributed or sold, or such other printed matter as is approved under the

Federal Act. Nothing in this Paragraph shall be construed to exempt any

person from labeling requirements imposed by or under other provisions of

this Chapter;

(16) (i) Placing or causing to be placed upon any drug or device or

container thereof, with intent to defraud, the trade name or other

identifying mark, or imprint of another or any likeness of any of

the foregoing; or

(ii) Selling, dispensing, disposing of or causing to be sold,

dispensed of, or disposed of, or concealing or keeping in possession,

control or custody, with intent to sell, dispense or dispose of any drug,

device or any container thereof, with knowledge that the trade name or

other identifying mark or imprint of another or any likeness of any of

the foregoing has been placed thereon in a manner prohibited by

Paragraph (i) hereof; or

(iii) Making, selling or disposing of, causing to be made, sold or

disposed of, keeping in possession, control or custody, or concealing

any punch, die, plate, stone or other thing designed to print, imprint or

reproduce the trademark, trade name or other identifying mark,

imprint or device of another, or any likeness of any of the foregoing

upon any drug or container or labeling thereof so as to render such

drug a counterfeit drug;

(17) The doing of any act which causes a drug to be a counterfeit drug,

or the sale or dispensing, or the holding for sale or dispensing of counterfeit

drug;

(18) Dispensing or causing to be dispensed a different drug or brand of

drug in place of the drug or brand of drug ordered or prescribed without the

express permission in each case of the person ordering or prescribing.