§ 13-109. Definitions.

For purposes of this article, the following terms apply:

Drug means any substance or preparation, other than food and cosmetics, that is intended to affect the structure or any function of the body. This term specifically does not include any substance or preparation which (i) requires a prescription, (ii) is approved by the United States Food and Drug Administration, or (iii) is dispensed in accordance with Louisiana and federal law.

Misbranded drug means a drug in package form:

(1)

If the labeling is false or misleading in any particular.

(2)

If it is dangerous to health under the conditions of use prescribed in the labeling or advertising thereof.

(3)

If the label does not correctly provide the identity of the drug. A failure to provide the identity of the drug, or providing a false identity, shall both be treated as misbranding.

(4)

If the label does not correctly provide the name and place of the business of the manufacturer, packer, seller, or distributor. A failure to provide the name and place of business, or providing false information regarding the same, shall both be treated as misbranding.

(5)

If the label does not contain an accurate statement of the quantity of the contents in terms of ingredients, weight, measure, or numerical count, or if any such information is not prominently placed on a label in a manner so as to be easily seen and in such terms as to be readily understood by purchasers and users of the articles under customary conditions of purchase and use.

(6)

If the labeling otherwise violates the state Food, Drug and Cosmetic Law, R.S. 40:601 et seq. in any particular.

Proprietor means a natural person who, whether individually or as a member, shareholder, or partner .of a legal person, knowingly or intentionally owns or operates a business that engages in the provision, sale or distribution of misbranded synthetic drugs on the premises as merchandise or inventory. Where a legal person is found to be in violation of any prohibition of this article, the proprietor or proprietors of such a legal person shall be deemed to be in violation of the prohibition on possession, provision, sale or distribution of misbranded drugs, as the case may be.

Synthetic cannabinoid means any substance in the form of a crystalline or powder product in crystalline, loose, powder, block, tablet or capsule form; or any plant material in granular, looseleaf, powder. or liquid form or used as a food additive, to which a chemical or chemical compound intended, when introduced into the human body, to mimic or simulate the effect of marijuana or tetrahydrocannabinol has been sprayed, applied, mixed or otherwise added, regardless of whether the substance is marketed as "not for human consumption," "not for smoking," or contains some other similar statement, and regardless of how the substance is labeled, including, but not limited to, insect repellant, plant food, herbs, incense, nutrient, dietary supplement or spice.

Synthetic cathinone means any substance or product, whether in crystal, powder, pill, tablet, capsule, liquid and other forms, containing a synthetic stimulant or to which a synthetic stimulant has been sprayed, applied, or otherwise added, and that can be consumed and placed into a pipe, cigarette paper, atomizer, or drug paraphernalia for purposes of ingestion by smoking, inhaling, or other method, regardless of whether the substance is marketed as not for purposes of human consumption, and regardless of how the substance is labeled.

Synthetic drug means any capsule, powder, liquid, vegetative material, product, or other substance, however constituted, including but not limited to any synthetic cannabinoid or synthetic cathinone, which, regardless of labeling to the contrary, is designed, intended, marketed, manufactured, or engineered in furtherance of impairing a normal person's faculties, and which is designed to be injected, ingested, inhaled or otherwise introduced into the human body.

( Ord. No. 15-04 , § 2, 2-3-15)