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Title 40, Chapter 04. Food and Drugs

Part I.  State Food, Drug, and Cosmetic Law 

RS 40:601 FOOD AND DRUGS
RS 40:602 Definition of terms
RS 40:603 Liability of persons
RS 40:604 Regulations
RS 40:605 Examinations, investigations, and hearings conducted by board or agent
RS 40:606 Court review of regulations and administrative actions; injunctions
RS 40:607 Adulterated food
RS 40:608 Misbranded food
RS 40:608.1 Mislabeling of honey
RS 40:608.2 Unlawful practices in sale of kosher food; penalty
RS 40:608.3 Repealed by Acts 2012, No. 222, §1.
RS 40:609 Exemption from labeling requirements
RS 40:610 Definitions and standards for food
RS 40:611 Tolerance for poisonous ingredients in food and certification of coal-tar colors for food
RS 40:612 Contaminated food; permit control
RS 40:613 Regulations governing issuance and renewal of permit
RS 40:614 Suspension of permit; reinstatement
RS 40:615 Inspection of permittee's establishment; denial of access
RS 40:616 Adulterated drugs
RS 40:617 Misbranded drugs and devices
RS 40:617.1 Repealed by Acts 2011, No. 100, §2
RS 40:618 Drugs recognized in compendiums
RS 40:619 Certain drugs and devices excepted from labeling and packaging provisions
RS 40:620 Certification of coal-tar colors for drugs
RS 40:621 Adulterated cosmetics
RS 40:622 Misbranded cosmetics
RS 40:623 Certain cosmetics excepted from labeling requirements
RS 40:624 Certification of coal-tar colors for cosmetics
RS 40:625 False advertisement
RS 40:626 Exceptions as to false advertising by agencies
RS 40:627 Registration of certain products
RS 40:628 Examination and investigation fee; food and drug control fees
RS 40:629 Records of interstate shipment
RS 40:630 Carriers in interstate commerce; excepted from Part
RS 40:631 Factory inspections
RS 40:632 Causes for seizure and condemnation of food, drugs, devices, or cosmetics
RS 40:633 Seizure; procedure; prohibition on sale or disposal of article
RS 40:634 Condemnation and sale, or release
RS 40:635 Condemnation or destruction of perishables in certain cases
RS 40:636 Other prohibited acts
RS 40:637 Procedure for reporting violations of Part
RS 40:638 Duties of district attorney
RS 40:639 Penalties
RS 40:640 Dealers excepted from penalty in certain cases
RS 40:641 Injunction proceedings
RS 40:642 Repealed by Acts 2022, No. 252, §3.

 

Part X.  Uniform Controlled Dangerous Substances Law

RS 40:961 Definitions
RS 40:961.1 Industrial hemp exemption
RS 40:962 Authority to control
RS 40:962.1 Ephedrine products
RS 40:962.1.1 Possession of twelve grams or more of ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers
RS 40:962.1.2 Restriction on the sale and purchase of nonprescription products containing dextromethorphan, its salts or optical isomers, and salts of optical isomers
RS 40:962.2 Abortion-inducing drugs; restrictions of sales; exceptions; penalties
RS 40:963 Schedules of controlled dangerous substances
RS 40:964 Composition of schedules
RS 40:964.1 A controlled substance analogue shall be treated, for the purposes of any state law and to the extent intended for human consumption, as a controlled dangerous substance in either Schedule I or Schedule II of R.S. 40:964.
RS 40:965 Secretary of health and hospitals; authority to except
RS 40:966 Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, possession of synthetic cannabinoids, possession of heroin
RS 40:967 Prohibited acts - Schedule II; penalties
RS 40:967.1 Prohibited acts--Schedule II; distribution of fentanyl with certain characteristics
RS 40:968 Prohibited acts--Schedule III; penalties
RS 40:969 Prohibited acts--Schedule IV; penalties
RS 40:970 Prohibited acts--Schedule V; penalties
RS 40:971 Prohibited acts; all schedules
RS 40:971.1 Prohibited acts; false representation
RS 40:971.2 Unlawfully prescribing, distributing, dispensing, or assisting in illegally obtaining controlled dangerous substances
RS 40:971.3 Misbranding or adulteration of drugs with intent to defraud or mislead
RS 40:972 Rules and regulations and fees
RS 40:973 Licensing requirements
RS 40:973.1 Louisiana Board of Pharmacy; criminal history record information
RS 40:974 Licensing
RS 40:975 Denial, revocation, suspension, or termination of license
RS 40:976 Records of licensees
RS 40:976.1 Chemical precursor, recordkeeping requirements
RS 40:977 Order forms
RS 40:978 Prescriptions
RS 40:978.1 Naloxone; first responder; prescription; administration to third party; limitation of liability
RS 40:978.2 Naloxone; prescription; dispensing; administration by third party; limitation of liability
RS 40:978.2.1 Reporting of opioid-related overdoses
RS 40:978.3 Continuing education for the prescribing of controlled substances
RS 40:979 Attempt and conspiracy
RS 40:980 Additional penalties
RS 40:981 Distribution to persons under age eighteen
RS 40:981.1 Distribution to a student
RS 40:981.2 Soliciting minors to produce, manufacture, distribute, or dispense controlled dangerous substances
RS 40:981.3 Violation of Uniform Controlled Dangerous Substances Law; drug free zone
RS 40:981.4 Repealed by Acts 2014, No. 512, §1.
RS 40:982 Second or subsequent offenses
RS 40:983 Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance; definition; penalties
RS 40:983.1 Creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance on or within one thousand feet of school property
RS 40:984 Powers of enforcement personnel
RS 40:985 Search warrants
RS 40:986 Administrative inspections and warrants
RS 40:987 Injunctions
RS 40:988 Cooperative arrangements; inspections
RS 40:989 Dangerous chemical substances; butyl nitrite, nitrous oxide, and amyl nitrite; use and transference; penalties
RS 40:989.1 Unlawful production, manufacture, distribution, or possession of hallucinogenic plants; exceptions
RS 40:989.2 Unlawful production, manufacturing, distribution, or possession of prohibited plant products; exceptions
RS 40:989.3 Unlawful distribution of products containing Mitragyna speciosa to minors; penalties
RS 40:989.4 Unlawful production, manufacturing, distribution, or possession of Xylazine
RS 40:990 Burden of proof; liabilities
RS 40:991 Prescription for controlled dangerous substances; proof of valid prescription; time period for raising defense; notice to prosecution
RS 40:992 Education and research
RS 40:993 Pending proceedings
RS 40:994 Continuation of regulations
RS 40:995 Short title
RS 40:996.1 Legislative findings
RS 40:996.2 Definitions
RS 40:996.3 Declaration of a dangerous substance of the Louisiana Department of Health
RS 40:996.4 Dangerous substance stop order; effects; seizure of dangerous substances; duration of order; validity
RS 40:996.5 Rulemaking; special provisions; procedural safeguards
RS 40:996.6 Violations
RS 40:996.7 Pesticide law not affected

 

Part X-A.  Prescription Monitoring Program Law

RS 40:1001 Short title
RS 40.1002 Purpose
RS 40:1003 Definitions
RS 40:1004 Establishment of prescription monitoring program
RS 40:1005 Prescription Monitoring Program Advisory Council
RS 40:1006 Reporting of prescription monitoring information
RS 40:1007 Access to prescription monitoring information and audit trail information
RS 40:1008 Education and treatment
RS 40:1009 Unlawful acts and penalties
RS 40:1010 Evaluation; data analysis; reporting
RS 40:1011 Rules and regulations
RS 40:1012 Authority to contract
RS 40:1013 Funding authority
RS 40:1014 Severability

 

Part X-B.  Transactions in Drug-Related Objects Prohibited

RS 40:1021 Definitions
RS 40:1022 Determination of drug paraphernalia
RS 40:1023 Prohibited acts
RS 40:1023.1 Prohibited acts; unmarried persons under seventeen years of age
RS 40:1024 Exceptions; defenses; local needle exchanges
RS 40:1025 Penalties
RS 40:1026 Contraband; condemnation proceedings

 

Part X-C.  Animal Euthanasia with Sodium Pentobarbital

RS 40:1031 Purpose
RS 40:1032 Permit
RS 40:1033 Permit application
RS 40:1034 Permit issuance and conditions
RS 40:1035 Permit revocation or suspension; inspections
RS 40:1036 Rules and regulations

 

Part X-D.  Transactions Involving Proceeds from Controlled Dangerous Substances Activity

RS 40:1041 Transactions involving proceeds from drug offenses

 

Part X-E.  Therapeutic Use of Marijuana

RS 40:1046 Recommendation and dispensing of marijuana for therapeutic use; rules and regulations of the Louisiana Board of Pharmacy; production facility licensing; permitting by the Louisiana Department of Health
RS 40:1046.1 Dispensing of marijuana for therapeutic use to visiting qualifying patients
RS 40:1046.2 Contractors; selection; minimum standards
RS 40:1046.3 Therapeutic marijuana laboratory; licensure and renewal requirements
RS 40:1046.4 Testing; sample collection; minimum standards; reporting; remediation
RS 40:1047 Permits relating to production of therapeutic marijuana; contractors of licensed producers; permit application requirements; authorization to obtain criminal history record information

 

Part X-F.  Ephedrine, Pseudoephedrine, and Phenylpropanolamine Monitoring Act

RS 40:1049.1 Short title
RS 40:1049.2 Legislative findings
RS 40:1049.3 Restriction on the sale of nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, and salts of optical isomers
RS 40:1049.4 Central computer monitoring system; system requirements
RS 40:1049.5 Funding sources; no fees on pharmacists or pharmacies
RS 40:1049.6 Shared information; state police; sheriffs
RS 40:1049.7 Board of pharmacy access to information
RS 40:1049.8 Pharmacists, certified pharmacy technician, or pharmacy employee not required to stop sale; may report
RS 40:1049.9 Licensed practitioner with prescriptive authority exempted
RS 40:1049.10 Transmission of information contingent on functionality of central computer monitoring system
RS 40:1049.11 Limitation of liability

 

Part XV.  Dimethyl Sulfoxide (DMSO)

RS 40:1060 Use of dimethyl sulfoxide (DMSO)

 

Part XVI.  Legend Drugs

RS 40:1060.11 Definitions
RS 40:1060.12 Legend drug imprint
RS 40:1060.13 Sale, distribution, or possession of legend drug without prescription or order prohibited; exceptions; penalties
RS 40:1060.14 Prescription requirements; penalties
RS 40:1060.15 Obtaining legend drugs by misrepresentation or fraud; penalties
RS 40:1060.16 Prescriptions; electronic questionnaires

 

Part XVII.  Anabolic Steroids

RS 40:1060.21 Uses authorized; regulation; penalties