2005 Nevada Revised Statutes - Chapter 585 — Food, Drugs and Cosmetics: Adulteration; Labels; Brands

CHAPTER 585 - FOOD, DRUGS AND COSMETICS:ADULTERATION; LABELS; BRANDS

GENERAL PROVISIONS

NRS 585.010 Shorttitle.

NRS 585.020 Definitions.

NRS 585.030 Advertisementdefined.

NRS 585.040 Commissionerdefined.

NRS 585.050 Contaminatedwith filth defined.

NRS 585.060 Cosmeticdefined.

NRS 585.070 Devicedefined.

NRS 585.080 Drugdefined.

NRS 585.090 FederalAct defined.

NRS 585.100 Fooddefined.

NRS 585.110 Immediatecontainer defined.

NRS 585.120 Labeldefined.

NRS 585.130 Labelingdefined.

NRS 585.140 Newdrug defined.

NRS 585.150 Officialcompendium defined.

NRS 585.170 Factorsto be considered in determining whether label or advertisement is misleading.

NRS 585.180 Constructionof representation that drug is antiseptic.

NRS 585.190 Scopeof provisions regulating sales.

ADMINISTRATION

NRS 585.200 Appointmentof Commissioner of Food and Drugs.

NRS 585.210 Regulations.

NRS 585.220 Hearings.

NRS 585.230 Recordof adulterated, mislabeled or misbranded foods, drugs, devices and cosmetics;biennial report of Commissioner; dissemination of information.

NRS 585.240 Inspectionof factories and vehicles: Purposes; examination of samples.

NRS 585.245 Licensingof persons manufacturing, compounding, processing or packaging drugs, devicesor cosmetics: Regulations; fees; inspection.

NRS 585.250 Taggingof articles believed to be dangerous to health: Contents of tag; unlawfulsales.

NRS 585.260 Removalof tag or marking from detained or quarantined article; liability of personremoving tag or other marking.

NRS 585.270 Petitionfor condemnation and destruction of adulterated or misbranded article.

NRS 585.280 Destructionof article found to be adulterated or misbranded.

NRS 585.290 Correctionof defect by proper labeling or processing.

FOOD

NRS 585.300 Adulteratedfood: Poisonous or insanitary ingredients.

NRS 585.310 Adulteratedfood: Absence, substitution or addition of constituents.

NRS 585.320 Adulteratedfood: Standards of purity, quality or strength.

NRS 585.330 Adulteratedfood: Confectionery containing nonnutritive substance.

NRS 585.350 Misbrandedfood.

NRS 585.355 Useof honey in product label or designation restricted; honey defined.

NRS 585.360 Foodcontaining filthy, decomposed or putrid substance declared nuisance;condemnation or destruction by Commissioner.

DRUGS AND DEVICES

NRS 585.370 Adulterateddrugs and devices: Poisonous or insanitary ingredients.

NRS 585.380 Adulterateddrugs and devices: Strength, quality or purity differing from officialcompendium.

NRS 585.390 Adulterateddrugs and devices: Misrepresentation of strength, quality or purity if drug notin compendium.

NRS 585.400 Adulterateddrugs and devices: Mixture with or substitution of another substance.

NRS 585.410 Misbrandeddrugs and devices: False or misleading label.

NRS 585.420 Misbrandeddrugs and devices: Contents of label on package.

NRS 585.430 Misbrandeddrugs and devices: Habit-forming substances.

NRS 585.440 Misbrandeddrugs and devices: Designation of drug by name not in compendium.

NRS 585.450 Misbrandeddrugs and devices: Directions for use and warnings on label.

NRS 585.460 Misbrandeddrugs and devices: Misleading container; imitation; offer for sale underanother name.

NRS 585.470 Misbrandeddrugs and devices: Health-endangering when used as prescribed.

NRS 585.480 Misbrandeddrugs and devices: Drug containing amidopyrine, barbituric acid, cinchophen,dinitrophenol or sulfanilamide sold without prescription.

NRS 585.485 Restrictionson sale of dimethyl sulfoxide; penalty.

NRS 585.490 Introductionor delivery for introduction of new drug into intrastate commerce beforeapplication is effective prohibited.

NRS 585.495 Licensingof manufacture of amygdalin and procaine hydrochloride; duties and powers ofCommissioner; injunctive relief.

NRS 585.497 Assessmenton gross receipts from sale of amygdalin and procaine hydrochloride.

COSMETICS

NRS 585.500 Adulteratedcosmetics.

NRS 585.510 Misbrandedcosmetics.

PROHIBITED ACTS AND PENALTIES

NRS 585.520 Prohibitedacts.

NRS 585.530 Whenadvertisement deemed false.

NRS 585.535 Unlawfulto sell or offer to sell beverage container opened by detaching metal ring ortab; exceptions; penalty.

NRS 585.540 Dutiesof Attorney General and district attorneys; hearing by Commissioner beforeinstitution of criminal proceedings.

NRS 585.550 Penalties.

_________

GENERAL PROVISIONS

NRS 585.010 Shorttitle. This chapter may be cited as the NevadaFood, Drug and Cosmetic Act.

[1:177:1939; 1931 NCL 6206]

NRS 585.020 Definitions. For the purpose of this chapter, the words and termsdefined in NRS 585.030 to 585.150, inclusive, have the meanings ascribedto them in those sections.

[Part 2:177:1939; 1931 NCL 6206.01](NRS A 1985,530)

NRS 585.030 Advertisementdefined. Advertisement means all representationsdisseminated in any manner or by any means, other than by labeling, for thepurpose of inducing, or which are likely to induce, directly or indirectly, thepurchase of food, drugs, devices or cosmetics.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.040 Commissionerdefined. Commissioner means the Commissionerof Food and Drugs.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.050 Contaminatedwith filth defined. Contaminated with filthapplies to any food, drug, device or cosmetic not securely protected from dust,dirt and, as far as may be necessary by all reasonable means, from all foreignor injurious contaminations.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.060 Cosmeticdefined.

1. Cosmetic means:

(a) Articles intended to be rubbed, poured, sprinkledor sprayed on, introduced into or otherwise applied to the human body or anypart thereof for cleansing, beautifying, promoting attractiveness or alteringthe appearance, including wigs, hairpieces and postiches; and

(b) Articles intended for use as a component of anysuch articles.

2. Cosmetic shall not include soap.

[Part 2:177:1939; 1931 NCL 6206.01](NRS A 1969,877)

NRS 585.070 Devicedefined. Except when used in NRS 585.170, device means instruments,apparatus and contrivances, including their components, parts and accessories,intended:

1. For use in the diagnosis, cure, mitigation,treatment or prevention of disease in man or other animals; or

2. To affect the structure or any function of the bodyof man or other animals.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.080 Drugdefined.

1. Drug means:

(a) Articles recognized in the official United StatesPharmacopoeia, official Homeopathic Pharmacopoeia of the United States orofficial National Formulary, or any supplement to any of them;

(b) Articles intended for use in the diagnosis, cure,mitigation, treatment or prevention of disease in man or other animals;

(c) Articles, other than food, intended to affect thestructure or any function of the body of man or other animals; and

(d) Articles intended for use as a component of anyarticle specified in paragraph (a), (b) or (c).

2. Drug does not include devices or theircomponents, parts or accessories.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.090 FederalAct defined. Federal Act means the FederalFood, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as that act exists onJune 30, 1983.

[Part 2:177:1939; 1931 NCL 6206.01](NRS A 1983,189)

NRS 585.100 Fooddefined. Food means:

1. Articles used for food or drink for man or otheranimals;

2. Chewing gum; and

3. Articles used for components of any such article.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.110 Immediatecontainer defined. Immediate container doesnot include package liners.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.120 Labeldefined. Label means a display of written,printed or graphic matter upon the immediate container of any article; and arequirement made by or under authority of this chapter that any word, statementor other information appear on the label shall not be considered to be compliedwith unless such word, statement or other information also appears on theoutside container or wrapper, if there is any, of the retail package of sucharticle, or is easily legible through the outside container or wrapper.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.130 Labelingdefined. Labeling means all labels and otherwritten, printed or graphic matter:

1. Upon an article or any of its containers orwrappers; or

2. Accompanying such article.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.140 Newdrug defined. New drug means any drug thecomposition of which is such that the drug:

1. Is not generally recognized, among expertsqualified by scientific training and experience to evaluate the safety andeffectiveness of drugs, as safe and effective for use under the conditionsprescribed, recommended or suggested in the labeling thereof; or

2. As a result of investigations to determine itssafety and effectiveness for use under those conditions, has become sorecognized, but which has not, other than in the investigations, been used to amaterial extent or for a material time under those conditions.

[Part 2:177:1939; 1931 NCL 6206.01](NRS A 1983,189)

NRS 585.150 Officialcompendium defined. Official compendiummeans the official United States Pharmacopoeia, official Homeopathic Pharmacopoeiaof the United States, official National Formulary or any supplement to any ofthem.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.170 Factorsto be considered in determining whether label or advertisement is misleading. If an article is alleged to be misbranded because thelabeling is misleading, or if an advertisement is alleged to be false becauseit is misleading, then, in determining whether the labeling or advertisement ismisleading, there shall be taken into account, among other things, not onlyrepresentations made or suggested by statement, word, design, device, sound orin any combination thereof, but also the extent to which the labeling oradvertisement fails to reveal facts material in the light of suchrepresentations or material with respect to consequences which may result fromthe use of the article to which the labeling or advertisement relates under theconditions of use prescribed in the labeling or advertisement thereof or undersuch conditions of use as are customary or usual.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.180 Constructionof representation that drug is antiseptic. Therepresentation of a drug, in its labeling or advertisement, as an antisepticshall be considered to be a representation that it is a germicide, except inthe case of a drug purporting to be, or represented as, an antiseptic forinhibitory use as a wet dressing, ointment, dusting powder, or such other useas involves prolonged contact with the body.

[Part 2:177:1939; 1931 NCL 6206.01]

NRS 585.190 Scopeof provisions regulating sales.

1. The provisions of this chapter regarding theselling of foods, drugs, devices or cosmetics shall be considered to include:

(a) The manufacture, production, processing, packing,exposure, offer, possession and holding of any such article for sale;

(b) The sale, dispensing and giving of any sucharticle; and

(c) The supplying or applying of any such articles inthe conduct of any food, drug or cosmetic establishment.

2. The provisions of this chapter do not apply to theoperation of any official establishment as defined in NRS 583.375.

[Part 2:177:1939; 1931 NCL 6206.01](NRS A 1969,991)

ADMINISTRATION

NRS 585.200 Appointmentof Commissioner of Food and Drugs. TheAdministrator of the Health Division of the Department of Health and Human Servicesshall designate and appoint, for the enforcement of this chapter, a Commissionerand such other agents as he may deem necessary.

[14:177:1939; 1931 NCL 6206.13](NRS A 1959, 616;1963, 972; 1967, 1178; 1969, 616)

NRS 585.210 Regulations.

1. The authority to promulgate regulations for theefficient enforcement of this chapter is hereby vested in the Commissioner.

2. The Commissioner is hereby authorized to make theregulations promulgated under this chapter conform, insofar as practicable,with those promulgated under the Federal Act.

[Part 15:177:1939; 1931 NCL 6206.14]

NRS 585.220 Hearings. Hearings authorized or required by this chapter shall beconducted by the Commissioner or such officer, agent or employee as theCommissioner may designate for the purpose.

[Part 15:177:1939; 1931 NCL 6206.14]

NRS 585.230 Recordof adulterated, mislabeled or misbranded foods, drugs, devices and cosmetics;biennial report of Commissioner; dissemination of information.

1. The Commissioner shall keep a record ofadulterated, mislabeled or misbranded foods, drugs, devices and cosmetics, inwhich record shall be included a list of cases examined and violations foundand a list of the articles found adulterated, mislabeled or misbranded and thenames of the manufacturers, producers, jobbers and sellers.

2. The record, or any parts thereof, may, in thediscretion of the Commissioner, be included in the biennial report which theCommissioner is authorized to make to the State Board of Health.

3. The Commissioner may also cause to be disseminatedsuch information regarding foods, drugs, devices and cosmetics as he deemsnecessary in the interest of public health and the protection of the consumeragainst fraud.

[17:177:1939; 1931 NCL 6206.16](NRS A 1959, 617)

NRS 585.240 Inspectionof factories and vehicles: Purposes; examination of samples.

1. The Commissioner or his duly authorized agent isentitled to free access at all reasonable hours to any factory, warehouse orestablishment in which foods are manufactured, processed, packed or held forintroduction into commerce, or may enter any vehicle being used to transport orhold such foods in commerce, for the purpose of:

(a) Inspecting such factory, warehouse, establishmentor vehicle to determine whether any of the provisions of this chapter is beingviolated; and

(b) Securing samples or specimens of any food afterpaying or offering to pay for such sample.

2. The Commissioner shall make, or cause to be made,examinations of samples secured under the provisions of this section todetermine whether any provision of this chapter is being violated.

[16:177:1939; 1931 NCL 6206.15](NRS A 1979, 1192)

NRS 585.245 Licensingof persons manufacturing, compounding, processing or packaging drugs, devicesor cosmetics: Regulations; fees; inspection.

1. The Commissioner shall adopt regulations for thelicensing of every person who manufactures, compounds, processes or packages drugs,devices or cosmetics in a factory, warehouse, laboratory or other location inthis State. The regulations must set forth the requirements for issuance andrenewal of a license. Only a person who complies with the requirements of thischapter is entitled to a license. A license is not transferable from person toperson or from place to place. The regulations must prescribe the length ofterm for which a license is issued and must set forth grounds and proceduresfor the revocation, suspension or nonrenewal of a license.

2. A valid license is required for the manufacturing,compounding, processing or packaging of drugs, devices or cosmetics in anyfactory, warehouse, laboratory or other location in this State. Licensedpharmacies compounding or packaging prescriptions are exempt from thisprovision.

3. The Commissioner shall establish and collect feesfor the purpose of paying the costs of inspecting, testing and other functionsrequired under the provisions of this chapter with respect to any drug, deviceor cosmetic. Failure to pay any fee imposed pursuant to this subsection is aground for revocation, suspension or nonrenewal of a license. All such feescollected by the Commissioner must be deposited with the State Treasurer forcredit to the State General Fund.

4. As a condition for entertaining the application ofany applicant for any license authorized under this chapter, and as a furthercondition for the issuance of any such license, the Commissioner or hisauthorized agent is entitled to free access at all reasonable hours to anyfactory, warehouse or other location in which drugs, devices or cosmetics aremanufactured, compounded, processed or packaged or held for introduction intocommerce, and may enter any vehicle being used to transport or hold such drugs,devices or cosmetics in commerce, for the purposes of:

(a) Inspecting the factory, warehouse, other locationor vehicle to determine whether any of the provisions of this chapter is beingviolated; and

(b) Securing samples or specimens of any drug, deviceor cosmetic after paying or offering to pay therefor.

5. The Commissioner shall make, or cause to be made,examinations of samples and specimens secured under the provisions of thissection to determine whether any of the provisions of this chapter is beingviolated.

(Added to NRS by 1979, 1191)

NRS 585.250 Taggingof articles believed to be dangerous to health: Contents of tag; unlawfulsales.

1. Whenever the Commissioner, any of his authorizedagents, or any member or inspector of the State Board of Pharmacy finds, or hasprobable cause to believe, that any food, drug, device or cosmetic isadulterated, or so misbranded as to be dangerous or fraudulent, within themeaning of this chapter, he shall affix to such article a tag or otherappropriate marking, giving notice that such article is, or is suspected ofbeing, adulterated or misbranded and has been quarantined, and warning all personsnot to remove or dispose of such article by sale or otherwise until permissionfor removal or disposal is given by such agent or the court.

2. It shall be unlawful for any person to remove ordispose of such quarantined article by sale or otherwise without suchpermission.

[Part 4:177:1939; 1931 NCL 6206.03](NRS A 1967,1665)

NRS 585.260 Removalof tag or marking from detained or quarantined article; liability of personremoving tag or other marking.

1. When the Commissioner, his authorized agent, or amember or inspector of the State Board of Pharmacy has found that an article soquarantined is not adulterated or misbranded, he shall remove the tag or othermarking.

2. In any proceeding against the Commissioner, hisauthorized agent, or a member or inspector of the State Board of Pharmacybecause of such quarantine, the Commissioner, his authorized agent, or memberor inspector of the State Board of Pharmacy shall not be held liable if thecourt shall find that there was probable cause for such quarantine.

[Part 4:177:1939; 1931 NCL 6206.03](NRS A 1967,1666)

NRS 585.270 Petitionfor condemnation and destruction of adulterated or misbranded article. When an article quarantined under NRS 585.250 has been found by theCommissioner, his authorized agent, or a member or inspector of the State Boardof Pharmacy to be adulterated or misbranded, the Commissioner, his agent, orsuch member or inspector shall petition the judge of the district court inwhose jurisdiction the article is quarantined for the condemnation anddestruction of such article.

[Part 4:177:1939; 1931 NCL 6206.03](NRS A 1967,1666)

NRS 585.280 Destructionof article found to be adulterated or misbranded. Ifthe court finds that a quarantined article is adulterated or misbranded, sucharticle shall, after entry of the decree, be destroyed under the supervision ofthe Commissioner, his authorized agent, or a member or inspector of the StateBoard of Pharmacy.

[Part 4:177:1939; 1931 NCL 6206.03](NRS A 1967,1666)

NRS 585.290 Correctionof defect by proper labeling or processing. Whenthe adulteration or misbranding can be corrected by proper labeling or processingof the article to the satisfaction of the Commissioner, his authorized agent,or a member or inspector of the State Board of Pharmacy, the court, after entryof the decree, may by order direct that such article be delivered to the owneror defender thereof for such labeling or processing under the supervision ofthe Commissioner, his authorized agent, or a member or inspector of the StateBoard of Pharmacy.

[Part 4:177:1939; 1931 NCL 6206.03](NRS A 1967,1666)

FOOD

NRS 585.300 Adulteratedfood: Poisonous or insanitary ingredients. Afood shall be deemed to be adulterated if:

1. It bears or contains any poisonous or deleterioussubstance which may render it injurious to health unless the substance is notan added substance and the quantity of the substance does not ordinarily renderit injurious to health;

2. It consists in whole or in part of a diseased,contaminated, filthy or decomposed substance, or if it is otherwise unfit forfood;

3. It has been produced, prepared, packed or heldunder insanitary conditions whereby it may have become contaminated with filthor rendered diseased, unwholesome or injurious to health;

4. It is the product of an animal which was diseased,died otherwise than by slaughter or was fed upon the uncooked offal from aslaughterhouse;

5. Its container is composed, in whole or in part, ofany poisonous or deleterious substance which may render the contents injuriousto health; or

6. It bears or contains any color additive which is unsafewithin the meaning of the Federal Act.

[Part 6:177:1939; 1931 NCL 6206.05](NRS A 1983,190)

NRS 585.310 Adulteratedfood: Absence, substitution or addition of constituents. A food shall be deemed to be adulterated:

1. If any valuable constituent has been in whole or inpart omitted or abstracted therefrom;

2. If any substance has been substituted wholly or inpart therefor;

3. If damage or inferiority has been concealed in anymanner; or

4. If any substance has been added thereto or mixed orpacked therewith so as to increase its bulk or weight, or reduce its quality orstrength, or make it appear better or of greater value than it is.

[Part 6:177:1939; 1931 NCL 6206.05]

NRS 585.320 Adulteratedfood: Standards of purity, quality or strength. Afood shall be deemed to be adulterated if it falls below the standard ofpurity, quality or strength which it purports or is represented to possess.

[Part 6:177:1939; 1931 NCL 6206.05]

NRS 585.330 Adulteratedfood: Confectionery containing nonnutritive substance.

1. A food shall be deemed to be adulterated if it isconfectionery and it bears or contains any nonnutritive article or substanceexcept harmless coloring, harmless flavoring, harmless resinous glaze not inexcess of four-tenths of 1 percent, harmless natural wax not in excess offour-tenths of 1 percent, harmless natural gum and pectin.

2. This section does not apply to any confectionery byreason of its containing less than 4 percent alcohol by weight, or to anychewing gum by reason of its containing harmless nonnutritive masticatorysubstances.

[Part 6:177:1939; 1931 NCL 6206.05](NRS A 1981,908)

NRS 585.350 Misbrandedfood. A food shall be deemed to be misbranded:

1. If its labeling is false or misleading in any particular.

2. If it is offered for sale under the name of anotherfood.

3. If it is an imitation of another food, unless itslabel bears, in type of uniform size and prominence, the word Imitation, andimmediately thereafter the name of the food imitated.

4. If its container is so made, formed or filled as tobe misleading.

5. If it is not labeled as required by NRS 583.045.

6. If in package form, unless it bears a labelcontaining:

(a) The name and place of business of the manufacturer,packer or distributor.

(b) An accurate statement of the quantity of thecontents in terms of weight, measure or numerical count; but under thisparagraph reasonable variations shall be permitted, and exemptions as to smallpackages shall be established by regulation prescribed by the Commissioner.

7. If it purports to be or is represented as a foodfor which a definition and standard of identity, quality and fill of containerhas been prescribed, unless it conforms to such standards of identity, qualityand fill.

8. If it purports to be or is represented for specialdietary uses, unless its label bears such information concerning its vitamin,mineral and other dietary properties as the Commissioner determines to be, andby regulations prescribes as, necessary in order to inform purchasers fully asto its value for such uses.

9. If it bears or contains any artificial flavoring,artificial coloring, or chemical preservative, unless it bears labeling statingthat fact; but the provisions of this subsection with respect to artificialcolor shall not apply in the case of butter, cheese or ice cream.

[7:177:1939; 1931 NCL 6206.06](NRS A 1965, 433)

NRS 585.355 Useof honey in product label or designation restricted; honey defined. A person shall not prepare, package, deliver for shipment,ship, transport or sell:

1. Any food product which is labeled or designated bythe term honey alone if such food product consists partly or entirely of ingredientsother than honey.

2. Any food product, except a honeydew melon,designated by any combination of words which include the word honey in thelabel or brand name unless such food product contains honey as an ingredientand the other ingredients are disclosed.

3. As used in this section, honey means the naturalproduct of honeybees, drawn from the nectar of flowers, transformed by the beesand stored in a honeycomb and later marketed in the honeycomb or taken from itand marketed in a liquid, candied or granulated condition.

(Added to NRS by 1975, 813)

NRS 585.360 Foodcontaining filthy, decomposed or putrid substance declared nuisance;condemnation or destruction by Commissioner. Wheneverthe Commissioner or any of his authorized agents shall find in any room,building or other structure, or vehicle of transportation, any meat, seafood,poultry, vegetable, fruit or other perishable articles which are unsound, orcontain any filthy, decomposed or putrid substance, or that may be poisonous ordeleterious to health or otherwise unsafe, the same being hereby declared to bea nuisance, the Commissioner or his authorized agents shall forthwith condemnor destroy the same, or in any other manner render the same unsalable as humanfood.

[Part 4:177:1939; 1931 NCL 6206.03]

DRUGS AND DEVICES

NRS 585.370 Adulterateddrugs and devices: Poisonous or insanitary ingredients. A drug or device shall be deemed to be adulterated if:

1. It consists in whole or in part of any filthy ordecomposed substance;

2. It has been produced, prepared, packed or heldunder insanitary conditions whereby it may have been rendered injurious tohealth;

3. It is a drug and its container is composed, inwhole or in part, of any poisonous or deleterious substance which may renderthe contents injurious to health; or

4. It is a drug and it bears or contains, for coloringonly, a color additive which is unsafe within the meaning of the Federal Act.

[Part 8:177:1939; 1931 NCL 6206.07](NRS A 1983,190)

NRS 585.380 Adulterateddrugs and devices: Strength, quality or purity differing from officialcompendium.

1. A drug shall be deemed to be adulterated if it isrepresented as a drug, the name of which is recognized in an officialcompendium, and its strength differs from, or its quality or purity fallsbelow, the standard set forth in the compendium. The determination as tostrength, quality or purity must be made in accordance with the tests ormethods of assay set forth in the compendium or, in the absence of orinadequacy of those tests or methods of assay, those prescribed pursuant to theFederal Act.

2. A drug which is defined in an official compendiumshall not be deemed to be adulterated under this section because it differsfrom the standard of strength, quality or purity set forth in the compendium ifthat difference is plainly stated on its label.

[Part 8:177:1939; 1931 NCL 6206.07](NRS A 1983,190)

NRS 585.390 Adulterateddrugs and devices: Misrepresentation of strength, quality or purity if drug notin compendium. A drug or device shall bedeemed to be adulterated if it is not subject to the provisions of NRS 585.380 and its strength differs from,or its purity or quality falls below, that which it purports or is representedto possess.

[Part 8:177:1939; 1931 NCL 6206.07]

NRS 585.400 Adulterateddrugs and devices: Mixture with or substitution of another substance. A drug or device shall be deemed to be adulterated if itis a drug and any substance has been:

1. Mixed or packed therewith so as to reduce itsquality or strength; or

2. Substituted wholly or in part therefor.

[Part 8:177:1939; 1931 NCL 6206.07]

NRS 585.410 Misbrandeddrugs and devices: False or misleading label. Adrug or device shall be deemed to be misbranded if its labeling is false ormisleading in any particular.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.420 Misbrandeddrugs and devices: Contents of label on package.

1. Except as provided in subsections 2 and 3, a drugor device shall be deemed to be misbranded if in package form unless it bears alabel containing:

(a) The name and place of business of the manufacturer,packer or distributor; and

(b) An accurate statement of the quantity of thecontents in terms of weight, measure or numerical count.

2. The label affixed to a container which contains aprescription drug intended for use by a human being shall include:

(a) The name and place of business of the manufacturer;and

(b) If different, the name and place of business of thepacker or distributor,

of the drugin its final dosage form.

3. A label affixed to a container by a pharmacist isnot required to include the name and place of business of the manufacturer,packer or distributor.

4. Under paragraph (b) of subsection 1, reasonablevariations shall be permitted, and exemptions as to small packages shall beestablished, by regulations prescribed by the Commissioner.

[Part 9:177:1939; 1931 NCL 6206.08](NRS A 1977,632)

NRS 585.430 Misbrandeddrugs and devices: Habit-forming substances. Adrug or device shall be deemed to be misbranded if it is for use by man and containsany quantity of narcotic or hypnotic substances or any chemical derivativethereof, unless its label bears the name and quantity or proportion of suchsubstance or derivative and, in juxtaposition therewith, the statementWarningMay be habit forming.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.440 Misbrandeddrugs and devices: Designation of drug by name not in compendium.

1. A drug or device shall be deemed to be misbrandedif it is a drug and is not designated solely by a name recognized in anofficial compendium unless its label bears:

(a) The common or usual name of the drug, if such therebe; and

(b) In case it is fabricated from two or moreingredients, the common or usual name of each active ingredient, including thekind and quantity or proportion of any alcohol, and also including, whetheractive or not, the name and quantity or proportion of any bromide, ether,chloroform, acetanilid, acetophenetidin, amidopyrine, antipyrine, atropine,hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury,ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation ofany such substances contained therein.

2. To the extent that compliance with the requirementsof paragraph (b) of subsection 1 is impracticable, exemptions shall beestablished by regulations promulgated by the Commissioner.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.450 Misbrandeddrugs and devices: Directions for use and warnings on label.

1. A drug or device shall be deemed to be misbrandedunless its label bears:

(a) Adequate directions for use; and

(b) Such adequate warnings against use in thosepathological conditions or by children where its use may be dangerous tohealth, or against unsafe dosage or methods or duration or administration orapplication, in such manner and form as are necessary for the protection ofusers.

2. Where any requirement of paragraph (a) ofsubsection 1, as applied to any drug or device, is not necessary for theprotection of the public health, the Commissioner shall promulgate regulationsexempting such drug or device from such requirements.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.460 Misbrandeddrugs and devices: Misleading container; imitation; offer for sale underanother name. A drug or device shall be deemedto be misbranded:

1. If it is a drug and its container is so made,formed or filled as to be misleading;

2. If it is an imitation of another drug; or

3. If it is offered for sale under the name of anotherdrug.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.470 Misbrandeddrugs and devices: Health-endangering when used as prescribed. A drug or device shall be deemed to be misbranded if it isdangerous to health when used in the dosage or with the frequency or durationprescribed, recommended or suggested in the labeling thereof.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.480 Misbrandeddrugs and devices: Drug containing amidopyrine, barbituric acid, cinchophen,dinitrophenol or sulfanilamide sold without prescription. A drug or device shall be deemed to be misbranded if it isa drug sold at retail for use by man, and contains any quantity of amidopyrine,barbituric acid, cinchophen, dinitrophenol or sulfanilamide, unless it is soldon a written prescription signed by a member of the medical, dental orveterinary profession who is licensed by law to administer such drug, and itslabel bears the name and place of business of the seller, the serial number anddate of such prescription, and the name of such member of the medical, dentalor veterinary profession.

[Part 9:177:1939; 1931 NCL 6206.08]

NRS 585.485 Restrictionson sale of dimethyl sulfoxide; penalty.

1. Dimethyl sulfoxide may be sold, whether bywholesalers or retailers, in quantities of 1 gallon or more.

2. Dimethyl sulfoxide may be sold, prescribed ordispensed in quantities of less than 1 gallon only:

(a) Pursuant to prescription by a dentist, podiatricphysician or veterinarian licensed to practice his profession in this State orby a licensed physician; or

(b) To a purchaser who gives his affidavit declaringthat the dimethyl sulfoxide being purchased:

(1) Will not be used for medicinal treatment ofany human being; or

(2) Will not be resold and will be used forindustrial or commercial purposes in a laboratory or business which is licensedby the state or a local government.

3. A prescription for dimethyl sulfoxide may be filledonly with a grade and quality of that substance which meets the requirements ofthe United States Food and Drug Administration.

4. Any person who gives a false affidavit for thepurpose of obtaining dimethyl sulfoxide pursuant to paragraph (b) of subsection2 is guilty of a misdemeanor.

(Added to NRS by 1981, 1696; A 1993, 2237)

NRS 585.490 Introductionor delivery for introduction of new drug into intrastate commerce beforeapplication is effective prohibited. No personshall introduce or deliver for introduction into intrastate commerce any newdrug which is subject to section 505 of the Federal Act (21 U.S.C. 355),unless an application with respect to such drug has become effectivethereunder.

[10:177:1939; 1931 NCL 6206.09]

NRS 585.495 Licensingof manufacture of amygdalin and procaine hydrochloride; duties and powers ofCommissioner; injunctive relief.

1. State Board of Health shall license amygdalin(laetrile) and procaine hydrochloride with preservatives and stabilizers(Gerovital H3) for manufacture in this state. Such licensing is not arepresentation that either substance has any therapeutic effect.

2. The Commissioner shall:

(a) Adopt regulations which prescribe minimum standardsfor manufacturers in preparing, compounding, processing and packaging eachsubstance.

(b) Make periodic tests and inspections of both thefacilities for manufacture and samples of the substances to ascertain thepurity, quality and identity of the substance and to determine that thesubstance meets the standards prescribed pursuant to paragraph (a).

(c) Before acting upon an application for a license,collect the fees necessary to pay the cost of investigating the applicant. Alicense shall not be issued until the applicant has paid all actual costs forthe initial testing, inspection, investigation and hearings.

3. The Commissioner may, after notice and hearing,revoke, suspend or refuse to renew the license of any person who:

(a) Fails to maintain the standards required byparagraph (b) of subsection 2.

(b) Violates any regulation adopted by theCommissioner.

(c) Fails to pay any assessment prescribed in paragraph(c) of subsection 2 within a reasonable time.

4. The Attorney General shall, at the request of theCommissioner seek injunctive relief for any violation of the regulationsadopted by the Commissioner.

(Added to NRS by 1977, 1646; A 1979, 1193; 1983, 224)

NRS 585.497 Assessmenton gross receipts from sale of amygdalin and procaine hydrochloride.

1. An assessment of 10 percent, payable quarterly tothe Department of Taxation, is imposed upon the gross receipts of amanufacturer from the sale of each substance licensed for manufacture pursuantto NRS 585.495.

2. The Nevada Tax Commission shall prescribe byregulation appropriate forms for reporting such gross receipts, and shall whenappropriate recompute the assessment and collect any deficiency in the mannerprovided for taxes required to be paid pursuant to title 32 of NRS. Eachmanufacturer shall report his sales and pay the assessment during the months ofJanuary, April, July and October for the respective preceding calendarquarters.

3. As used in this section:

(a) Gross receipts means the total amount of the saleof each substance, valued in money, whether received in money or otherwise,without deduction for any of the following:

(1) The cost of the substance sold.

(2) The cost of the materials used, labor orservice, any interest paid or any losses or other expense.

(3) The cost of marketing the substance.

(4) The cost of transporting the substancebefore its sale to the purchaser.

(b) Sale includes any transfer of title orpossession, exchange or barter, whether conditional or otherwise, of asubstance for a consideration.

(c) Total amount of the sale includes:

(1) Any services that are a part of the sale;and

(2) All receipts, cash, credits and property ofany kind.

(Added to NRS by 1983, 223)

COSMETICS

NRS 585.500 Adulteratedcosmetics. A cosmetic shall be deemed to beadulterated:

1. If it bears or contains any poisonous ordeleterious substance which may render it injurious to users under theconditions of use prescribed in the labeling or advertisement thereof, or undersuch conditions of use as are customary or usual; but this provision shall notapply to coal tar hair dye, the label of which bears the following legendconspicuously displayed thereon: CautionThis product contains ingredientswhich may cause irritation on certain individuals and a preliminary testaccording to accompanying directions should first be made. This product mustnot be used for dyeing the eyelashes or eyebrows; to do so may causeblindness., and the labeling of which bears adequate directions for suchpreliminary testing. For the purposes of this subsection and subsection 5 theterm hair dye shall not include eyelash or eyebrow dyes.

2. If it consists in whole or in part of any filthy,putrid or decomposed substance.

3. If it has been produced, prepared, packed or heldunder insanitary conditions whereby it may have become contaminated with filth,or whereby it may have been rendered injurious to health.

4. If its container is composed, in whole or in part,of any poisonous or deleterious substance which may render the contentsinjurious to health.

5. If it is not a hair dye and it bears or contains acoal tar color other than one from a batch which has been certified by theUnited States Department of Agriculture.

[11:177:1939; 1931 NCL 6206.10]

NRS 585.510 Misbrandedcosmetics. A cosmetic shall be deemed to bemisbranded:

1. If its labeling is false or misleading in anyparticular.

2. If in package form unless it bears a labelcontaining:

(a) The name and place of business of the manufacturer,packer or distributor; and

(b) An accurate statement of the quantity of thecontents in terms of weight, measure or numerical count. Under this paragraph,reasonable variations shall be permitted, and exemptions as to small packagesshall be established by regulations prescribed by the Commissioner.

3. If its container is so made, formed or filled as tobe misleading.

[12:177:1939; 1931 NCL 6206.11]

PROHIBITED ACTS AND PENALTIES

NRS 585.520 Prohibitedacts. The following acts and the causingthereof within the State of Nevada are hereby prohibited:

1. The manufacture, sale or delivery, holding oroffering for sale of any food, drug, device or cosmetic that is adulterated ormisbranded.

2. The adulteration or misbranding of any food, drug,device or cosmetic.

3. The sale, delivery for sale, holding for sale oroffering for sale of any article in violation of NRS 585.490.

4. The dissemination of any false advertisement.

5. The refusal to permit entry or inspection, or topermit the taking of a sample, as authorized by NRS 585.240 or 585.245.

6. The giving of a guaranty or undertaking, whichguaranty or undertaking is false, except by a person who relied on a guarantyor undertaking to the same effect signed by and containing the name and addressof the person residing in the State of Nevada from whom he received in goodfaith the food, drug, device or cosmetic.

7. The removal or disposal of a detained or embargoedarticle in violation of NRS 585.250.

8. The alteration, mutilation, destruction,obliteration or removal of the whole or any part of the labeling of or thedoing of any other act with respect to a food, drug, device or cosmetic, ifsuch act is done while such article is held for sale and results in sucharticle being misbranded.

[3:177:1939; 1931 NCL 6206.02](NRS A 1979, 1193)

NRS 585.530 Whenadvertisement deemed false. An advertisementof a food, drug, device or cosmetic shall be deemed to be false if it is falseor misleading in any particular.

[13:177:1939; 1931 NCL 6206.12]

NRS 585.535 Unlawfulto sell or offer to sell beverage container opened by detaching metal ring ortab; exceptions; penalty.

1. Except as otherwise provided in subsection 2, it isunlawful for a person to sell or offer for sale at retail a metal beveragecontainer so designed and constructed that it is opened by detaching a metalring or tab.

2. This section does not prohibit the sale of abeverage container which:

(a) Is sealed with laminated tape, foil or other softmaterial that is detachable; or

(b) Contains milk-based, soy-based or similar productswhich require heat and pressure in the canning process.

3. A person who violates the provisions of subsection1 shall be punished by a fine of not more than $500 for each violation. Eachday of violation constitutes a separate offense.

(Added to NRS by 1989, 277)

NRS 585.540 Dutiesof Attorney General and district attorneys; hearing by Commissioner beforeinstitution of criminal proceedings.

1. The Attorney General or any district attorney towhom the Commissioner or any of his authorized agents shall report anyviolation of this chapter shall cause appropriate proceedings to be institutedin the proper court without delay and to be prosecuted in the manner requiredby law.

2. Before any violation of this chapter is reported tothe Attorney General or a district attorney for the institution of a criminalproceeding, the person against whom such proceeding is contemplated shall begiven appropriate notice and an opportunity to present his views before theCommissioner or his designated agent, either orally or in writing, in person orby attorney, with regard to such contemplated proceeding.

[5:177:1939; 1931 NCL 6206.04]

NRS 585.550 Penalties.

1. A person who manufactures, compounds, processes orpackages any drug in a factory, warehouse, laboratory or other location in thisstate without a license required by NRS585.245 is guilty of a category D felony and shall be punished as providedin NRS 193.130.

2. A person who violates any other provision of thischapter is guilty of a gross misdemeanor.

[18:177:1939; 1931 NCL 6206.17](NRS A 1967, 619;1979, 1194; 1995, 1306)

 

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