Sec. 85. “Counterfeit drug”, for purposes of IC 16-42-1 through IC 16-42-4, means a drug:

(1) that, without authorization:

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(A) bears;

(B) is labeled with; or

(C) is in a container that bears;

the trademark, trade name, or other identifying mark, imprint, or device, or any likeness of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug; and

(2) that falsely purports or is represented:

(A) to be the product of; or

(B) to have been packed or distributed by;

the other drug manufacturer, processor, packer, or distributor.

[Pre-1993 Recodification Citation: 16-1-28-3(q).]

As added by P.L.2-1993, SEC.1.