Fla. Stat. 499.006
Adulterated drug or device


(1)

It consists in whole or in part of any filthy, putrid, or decomposed substance.

(2)

It has been produced, prepared, packed, or held under conditions whereby it could have been contaminated with filth or rendered injurious to health.

(3)

It is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to, or are not operated or administered in conformity with, current good manufacturing practices to assure that the drug meets the requirements of this part and that the drug has the identity and strength, and meets the standard of quality and purity, which it purports or is represented to possess.

(4)

It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which could render the contents injurious to health.

(5)

It is a drug and it bears or contains, for the purpose of coloring only, a color additive that is unsafe within the meaning of the federal act; or, if it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, and it is unsafe within the meaning of the federal act.

(6)

It purports to be, or is represented as, a drug the name of which is recognized in the official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. The determination as to strength, quality, or purity must be made in accordance with the tests or methods of assay set forth in such compendium, or, when such tests or methods of assay are absent or inadequate, in accordance with those tests or methods of assay prescribed under authority of the federal act. A drug defined in the official compendium is not adulterated under this subsection merely because it differs from the standard of strength, quality, or purity set forth for that drug in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label.

(7)

It is not subject to subsection (6) and its strength differs from, or its purity or quality falls below the standard of, that which it purports or is represented to possess.

(8)

It is a drug:With which any substance has been mixed or packed so as to reduce the quality or strength of the drug; orFor which any substance has been substituted wholly or in part.

(a)

With which any substance has been mixed or packed so as to reduce the quality or strength of the drug; or

(b)

For which any substance has been substituted wholly or in part.

(9)

It is a drug or device for which the expiration date has passed.

(10)

It is a prescription drug for which the required transaction history, transaction information, or transaction statement is nonexistent, fraudulent, or incomplete under the requirements of this part or applicable rules, or that has been purchased, held, sold, or distributed at any time by a person not authorized under federal or state law to do so.

(11)

It is a prescription drug subject to, defined by, or described by s. 503(b) of the Federal Food, Drug, and Cosmetic Act which has been returned by a veterinarian to a limited prescription drug veterinary wholesale distributor.

Source: Section 499.006 — Adulterated drug or device, https://www.­flsenate.­gov/Laws/Statutes/2024/0499.­006 (accessed Aug. 7, 2025).

499.01
Permits
499.001
Florida Drug and Cosmetic Act
499.002
Purpose, administration, and enforcement of and exemption from this part
499.03
Possession of certain drugs without prescriptions unlawful
499.003
Definitions of terms used in this part
499.04
Fee authority
499.05
Rules
499.005
Prohibited acts
499.06
Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule
499.006
Adulterated drug or device
499.007
Misbranded drug or device
499.008
Adulterated cosmetics
499.009
Misbranded cosmetics
499.012
Permit application requirements
499.015
Registration of drugs and devices
499.023
New drugs
499.024
Drug product classification
499.025
Drug products in finished, solid, oral dosage form
499.026
Notification of manufacturer prescription drug price increases
499.028
Drug samples or complimentary drugs
499.029
Cancer Drug Donation Program
499.032
Phenylalanine
499.033
Ephedrine
499.035
Dimethyl sulfoxide (DMSO)
499.036
Restrictions on sale of dextromethorphan
499.039
Sale, distribution, or transfer of harmful chemical substances
499.041
Schedule of fees for drug, device, and cosmetic applications and permits, product registrations, and free-sale certificates
499.051
Inspections and investigations
499.0051
Criminal acts
499.052
Records of interstate shipment
499.0054
Advertising and labeling of drugs, devices, and cosmetics
499.055
Reports and dissemination of information by department
499.057
Expenses and salaries
499.062
Seizure and condemnation of drugs, devices, or cosmetics
499.065
Inspections
499.066
Penalties
499.067
Denial, suspension, or revocation of permit, certification, or registration
499.0121
Storage and handling of prescription drugs
499.0285
International Prescription Drug Importation Program
499.0295
Experimental treatments for terminal conditions
499.0661
Cease and desist orders
499.01201
Agency for Health Care Administration review and use of statute and rule violation or compliance data
499.01211
Drug Wholesale Distributor Advisory Council
499.02851
Federal arrangement to operate a pilot program for importing prescription drugs

Current through Fall 2025

§ 499.006. Adulterated drug or device's source at flsenate​.gov