SLS 17RS-227 ENGROSSED
2017 Regular Session
SENATE BILL NO. 70
BY SENATOR DONAHUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CONTROL DANGER SUBSTANCE. Makes misbranding or adulteration of drugs under
certain circumstances a felony. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 40:639 and to enact R.S. 40:971.3, relative to controlled
3 dangerous substances; to make the misbranding or adulteration of drugs with the
4 intent to defraud or mislead a felony offense; to provide penalties; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:639 is hereby amended and reenacted and R.S. 40:971.3 is hereby
8 enacted to read as follows:
9 §639. Penalties
10 Whoever Except as provided in R.S. 40:971.3, whoever violates any
11 provision of this Part shall be fined, for the first offense, not more than one thousand
12 dollars or imprisoned for not more than one year, or both. For the second or
13 subsequent offense, he shall be fined not more than three thousand dollars or
14 imprisoned for not more than two years, or both. But any person who violates the
15 provisions of Subsection C of R.S. 40:625 shall only be fined not more than one
16 thousand dollars for each violation if the violation does not involve gross deception
17 or imminent danger to health, and is established by opinion evidence only.
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 70
SLS 17RS-227 ENGROSSED
1 * * *
2 §971.3. Misbranding or adulteration of drugs with intent to defraud or mislead
3 Any person who violates the provisions of R.S. 40:617 or R.S. 40:636
4 with respect to any drug, as defined in R.S. 40:602, and with the intent to
5 defraud or mislead shall be imprisoned, with or without hard labor, for not
6 more than five years, or fined not more than ten thousand dollars, or both.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 70 Engrossed 2017 Regular Session Donahue
Present law provides that the term "drug" includes all substances and preparations
recognized in the official compendium and intended for use in the diagnosis, treatment, or
prevention of disease in man or beast, and all substances and preparations, other than food
and cosmetics, intended to affect the structure or any function of the body.
Proposed law retains present law.
Present law provides that a drug or device is considered misbranded if it has been found to
be misbranded by any department of the U.S. government, or if, among other things:
(1)Its labeling is false or misleading in any particular. Any representation concerning
any effect of a drug or device is considered false for purposes of present law if the
representation is not supported by demonstrable scientific facts or substantial and
reliable medical or scientific opinion.
(2)It is dangerous to health under the conditions of use prescribed in the labeling or
advertising thereof.
(3)It is a drug and its container is so made, formed, or filled as to mislead the purchaser.
Proposed law retains present law.
Present law prohibits, among others, the following acts relative to drugs:
(1)The introduction or delivery for introduction into commerce of any food, drug,
device, or cosmetic that is adulterated or misbranded.
(2)The adulteration, or misbranding, of any food, drug, device, or cosmetic in
commerce.
(3)The possession in any place where sales or service is made to the public of any food,
drug, device or cosmetic that is adulterated or misbranded.
Proposed law retains present law.
Present law provides that whoever violates any provision of present law relative to the
misbranding or adulteration of any drug is to be fined, for the first offense, up to $1,000,
imprisoned for up to one year, or both. Present law provides that for the second or
subsequent offense, the person is to be fined up to $3,000, or imprisoned for up to two years,
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 70
SLS 17RS-227 ENGROSSED
or both. Present law further provides that any person who violates the provisions of present
law relative to the false or misleading advertising of a drug is to be fined up to $1,000 for
each violation if the violation does not involve gross deception or imminent danger to health,
and is established by opinion evidence only.
Proposed law retains present law and adds that any person who violates present law relative
to misbranding or adulteration of any drug with the intent to defraud or mislead is to be
imprisoned, with or without hard labor, for up to five years, or fined up to $10,000, or both.
Effective August 1, 2017.
(Amends R.S. 40:639; adds R.S. 40:971.3)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.