West Virginia Code § 16-7-2

What constitutes adulteration
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Any drug or article of food shall be deemed to be adulterated within the meaning of this
article: for the purpose of this article:
(a) In the case of drugs:
(1) If, when sold under or by a name recognized in the United States Pharmacopoeia official
at that time, it differs from the standard of strength, quality, or purity laid down therein;
(2) If, when sold under or by a name not recognized in the United States Pharmacopoeia
official at the time, but which is found in some other pharmacopoeia or other standard work
of materia medica, it differs materially from the standard of strength, quality, or purity laid
down in such work;
(3) If its strength, quality, or purity falls below the professed standard under which it is sold;
(4) If it be an imitation of, or offered for sale under the name of, another article; or
(5) If the contents of the package as originally put up shall have been removed in whole or in
part, and other contents shall have been placed in such package, or if the package fails to
bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium,
cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indicia, chloral hydrate,
acetanilide, or any derivative or preparation of any such substance contained therein:
Provided, That nothing in this paragraph shall be construed to apply to the dispensing of
prescriptions written by regular licensed practicing physicians, veterinary surgeons, or
dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized
in the United States Pharmacopoeia and the National Formulary, which are sold under the
name by whicVh they are recognized.
(b) In the case of food, drink, confectionery, or condiment:
(1) If any substance or substances have been mixed with it, so as to lower or depreciate or
injuriously affect its quality, strength, or purity;
(2) If any inferior or cheaper substance or substances have been substituted wholly or in
part for it;
(3) If any valuable or necessary constituent or ingredient has been wholly or in part
abstracted from it;
(4) If it is an imitation of, or is sold under the name of, another article;
(5) If it consists wholly or in part of diseased, decomposed, putrid, infected, tainted, or
rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk,
if it is the product of a diseased animal;
(6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is
concealed, or if by any means it is made to appear better or of greater value than it really is;
(7) If it contains any added substance or ingredients which are poisonous or injurious to the
health, including butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue
No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and
FD&C Yellow No. 6; e
(8) If it is sold under a coined name and does not contain some ingredient suggested by such
name or contains only an inconsiderable quantity; or
(9) If the package containing it or any label thereon shall bear any statement regarding it or
its composition which shall be false or misleading in any particular: Provided, That the
provisions of this article do not apply to mixtures or compounds recognized as ordinary
articles or ingredients of articles of food or drink, if eaach and every package sold or offered
for sale is distinctly labeled in words of the English language as mixtures or compounds,
with the name and percent of each ingredient therelin; the word "compound" or "mixture"
shall be printed in type not smaller in either hseight or width than one half the largest type
upon any label on the package, and the formula shall be printed in letters not smaller in
either height or width than one fourth the largest type upon any label on the package, and
said compound or mixture must not gcontain any ingredients injurious to the health.
(10) The amendments made to this section during the 2025 regular session of the
Legislature shall be effective on January 1, 2028;

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