[Rev. 2/11/2015 11:28:55
AM--2014R2]
CHAPTER 585 - FOOD, DRUGS AND COSMETICS:
ADULTERATION; LABELS; BRANDS
GENERAL PROVISIONS
NRS 585.010 Short
title.
NRS 585.020 Definitions.
NRS 585.030 “Advertisement”
defined.
NRS 585.040 “Commissioner”
defined.
NRS 585.050 “Contaminated
with filth” defined.
NRS 585.060 “Cosmetic”
defined.
NRS 585.070 “Device”
defined.
NRS 585.080 “Drug”
defined.
NRS 585.090 “Federal
Act” defined.
NRS 585.100 “Food”
defined.
NRS 585.110 “Immediate
container” defined.
NRS 585.120 “Label”
defined.
NRS 585.130 “Labeling”
defined.
NRS 585.140 “New
drug” defined.
NRS 585.150 “Official
compendium” defined.
NRS 585.170 Factors
to be considered in determining whether label or advertisement is misleading.
NRS 585.180 Construction
of representation that drug is antiseptic.
NRS 585.190 Scope
of provisions regulating sales.
ADMINISTRATION
NRS 585.200 Appointment
of Commissioner of Food and Drugs.
NRS 585.210 Regulations.
NRS 585.220 Hearings.
NRS 585.230 Record
of adulterated, mislabeled or misbranded foods, drugs, devices and cosmetics;
biennial report of Commissioner; dissemination of information.
NRS 585.240 Inspection
of factories and vehicles: Purposes; examination of samples.
NRS 585.245 Licensing
of persons manufacturing, compounding, processing or packaging drugs, devices
or cosmetics: Regulations; fees; inspection.
NRS 585.250 Tagging
of articles believed to be dangerous to health: Contents of tag; unlawful
sales.
NRS 585.260 Removal
of tag or marking from detained or quarantined article; liability of person
removing tag or other marking.
NRS 585.270 Petition
for condemnation and destruction of adulterated or misbranded article.
NRS 585.280 Destruction
of article found to be adulterated or misbranded.
NRS 585.290 Correction
of defect by proper labeling or processing.
FOOD
NRS 585.300 Adulterated
food: Poisonous or insanitary ingredients.
NRS 585.310 Adulterated
food: Absence, substitution or addition of constituents.
NRS 585.320 Adulterated
food: Standards of purity, quality or strength.
NRS 585.330 Adulterated
food: Confectionery containing nonnutritive substance.
NRS 585.350 Misbranded
food.
NRS 585.355 Use
of “honey” in product label or designation restricted; “honey” defined.
NRS 585.360 Food
containing filthy, decomposed or putrid substance declared nuisance;
condemnation or destruction by Commissioner.
DRUGS AND DEVICES
NRS 585.370 Adulterated
drugs and devices: Poisonous or insanitary ingredients.
NRS 585.380 Adulterated
drugs and devices: Strength, quality or purity differing from official
compendium.
NRS 585.390 Adulterated
drugs and devices: Misrepresentation of strength, quality or purity if drug not
in compendium.
NRS 585.400 Adulterated
drugs and devices: Mixture with or substitution of another substance.
NRS 585.410 Misbranded
drugs and devices: False or misleading label.
NRS 585.420 Misbranded
drugs and devices: Contents of label on package.
NRS 585.430 Misbranded
drugs and devices: Habit-forming substances.
NRS 585.440 Misbranded
drugs and devices: Designation of drug by name not in compendium.
NRS 585.450 Misbranded
drugs and devices: Directions for use and warnings on label.
NRS 585.460 Misbranded
drugs and devices: Misleading container; imitation; offer for sale under
another name.
NRS 585.470 Misbranded
drugs and devices: Health-endangering when used as prescribed.
NRS 585.480 Misbranded
drugs and devices: Drug containing amidopyrine, barbituric acid, cinchophen,
dinitrophenol or sulfanilamide sold without prescription.
NRS 585.485 Restrictions
on sale of dimethyl sulfoxide; penalty.
NRS 585.490 Introduction
or delivery for introduction of new drug into intrastate commerce before
application is effective prohibited.
NRS 585.495 Licensing
of manufacture of amygdalin and procaine hydrochloride; duties and powers of
Commissioner; injunctive relief.
NRS 585.497 Assessment
on gross receipts from sale of amygdalin and procaine hydrochloride.
COSMETICS
NRS 585.500 Adulterated
cosmetics.
NRS 585.510 Misbranded
cosmetics.
PROHIBITED ACTS AND PENALTIES
NRS 585.520 Prohibited
acts.
NRS 585.530 When
advertisement deemed false.
NRS 585.535 Unlawful
to sell or offer to sell beverage container opened by detaching metal ring or
tab; exceptions; penalty.
NRS 585.540 Duties
of Attorney General and district attorneys; hearing by Commissioner before
institution of criminal proceedings.
NRS 585.550 Penalties.
_________
_________
GENERAL PROVISIONS
NRS 585.010 Short title. This
chapter may be cited as the Nevada Food, Drug and Cosmetic Act.
[1:177:1939; 1931 NCL § 6206]
NRS 585.020 Definitions. For
the purpose of this chapter, the words and terms defined in NRS 585.030 to 585.150,
inclusive, have the meanings ascribed to them in those sections.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1985, 530)
NRS 585.030 “Advertisement” defined. “Advertisement”
means all representations disseminated in any manner or by any means, other
than by labeling, for the purpose of inducing, or which are likely to induce,
directly or indirectly, the purchase of food, drugs, devices or cosmetics.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.040 “Commissioner” defined. “Commissioner”
means the Commissioner of Food and Drugs.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.050 “Contaminated with filth” defined. “Contaminated
with filth” applies 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 foreign or injurious contaminations.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.060 “Cosmetic” defined.
1. “Cosmetic” means:
(a) Articles intended to be rubbed, poured,
sprinkled or sprayed on, introduced into or otherwise applied to the human body
or any part thereof for cleansing, beautifying, promoting attractiveness or
altering the appearance, including wigs, hairpieces and postiches; and
(b) Articles intended for use as a component of
any such articles.
2. “Cosmetic” shall not include soap.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1969,
877)
NRS 585.070 “Device” defined. 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 humans or other animals; or
2. To affect the structure or any function
of the bodies of humans or other animals.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.080 “Drug” defined.
1. “Drug” means:
(a) Articles recognized in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States
or official 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 humans or other
animals;
(c) Articles, other than food, intended to affect
the structure or any function of the bodies of humans or other animals; and
(d) Articles intended for use as a component of
any article specified in paragraph (a), (b) or (c).
2. “Drug” does not include devices or
their components, parts or accessories.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.090 “Federal Act” defined. “Federal
Act” means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq.,
as that act exists on June 30, 1983.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1983, 189)
NRS 585.100 “Food” defined. “Food”
means:
1. Articles used for food or drink for
humans or other animals;
2. Chewing gum; and
3. Articles used for components of any
such article.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.110 “Immediate container” defined. “Immediate
container” does not include package liners.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.120 “Label” defined. “Label”
means a display of written, printed or graphic matter upon the immediate
container of any article; and a requirement made by or under authority of this
chapter that any word, statement or other information appear on the label shall
not be considered to be complied with unless such word, statement or other
information also appears on the outside container or wrapper, if there is any,
of the retail package of such article, or is easily legible through the outside
container or wrapper.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.130 “Labeling” defined. “Labeling”
means all labels and other written, printed or graphic matter:
1. Upon an article or any of its
containers or wrappers; or
2. Accompanying such article.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.140 “New drug” defined. “New
drug” means any drug the composition of which is such that the drug:
1. Is not generally recognized, among
experts qualified by scientific training and experience to evaluate the safety
and effectiveness of drugs, as safe and effective for use under the conditions
prescribed, recommended or suggested in the labeling thereof; or
2. As a result of investigations to
determine its safety and effectiveness for use under those conditions, has
become so recognized, but which has not, other than in the investigations, been
used to a material extent or for a material time under those conditions.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1983, 189)
NRS 585.150 “Official compendium” defined. “Official
compendium” means the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, official National Formulary or
any supplement to any of them.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.170 Factors to be considered in determining whether label or
advertisement is misleading. If an
article is alleged to be misbranded because the labeling is misleading, or if
an advertisement is alleged to be false because it is misleading, then, in
determining whether the labeling or advertisement is misleading, there shall be
taken into account, among other things, not only representations made or
suggested by statement, word, design, device, sound or in any combination
thereof, but also the extent to which the labeling or advertisement fails to
reveal facts material in the light of such representations or material with
respect to consequences which may result from the use of the article to which
the labeling or advertisement relates under the conditions of use prescribed in
the labeling or advertisement thereof or under such conditions of use as are
customary or usual.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.180 Construction of representation that drug is antiseptic. The representation of a drug, in its labeling
or advertisement, as an antiseptic shall be considered to be a representation
that it is a germicide, except in the case of a drug purporting to be, or
represented as, an antiseptic for inhibitory use as a wet dressing, ointment,
dusting powder, or such other use as involves prolonged contact with the body.
[Part 2:177:1939; 1931 NCL § 6206.01]
NRS 585.190 Scope of provisions regulating sales.
1. The provisions of this chapter
regarding the selling 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 such
article; and
(c) The supplying or applying of any such
articles in the conduct of any food, drug or cosmetic establishment.
2. The provisions of this chapter do not
apply to the operation 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 Appointment of Commissioner of Food and Drugs. The Administrator of the Division of Public
and Behavioral Health of the Department of Health and Human Services shall
designate and appoint, for the enforcement of this chapter, a Commissioner and
such other agents as he or she 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 the efficient enforcement of this chapter is hereby vested in the Commissioner.
2. The Commissioner is hereby authorized
to make the regulations 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 be conducted by the Commissioner
or such officer, agent or employee as the Commissioner may designate for the
purpose.
[Part 15:177:1939; 1931 NCL § 6206.14]
NRS 585.230 Record of adulterated, mislabeled or misbranded foods, drugs,
devices and cosmetics; biennial report of Commissioner; dissemination of
information.
1. The Commissioner shall keep a record of
adulterated, mislabeled or misbranded foods, drugs, devices and cosmetics, in
which record shall be included a list of cases examined and violations found
and a list of the articles found adulterated, mislabeled or misbranded and the
names of the manufacturers, producers, jobbers and sellers.
2. The record, or any parts thereof, may,
in the discretion of the Commissioner, be included in the biennial report which
the Commissioner is authorized to make to the State Board of Health.
3. The Commissioner may also cause to be
disseminated such information regarding foods, drugs, devices and cosmetics as
the Commissioner deems necessary in the interest of public health and the
protection of the consumer against fraud.
[17:177:1939; 1931 NCL § 6206.16]—(NRS A 1959, 617)
NRS 585.240 Inspection of factories and vehicles: Purposes; examination of
samples.
1. The Commissioner or the Commissioner’s
duly authorized agent is entitled to free access at all reasonable hours to any
factory, warehouse or establishment in which foods are manufactured, processed,
packed or held for introduction into commerce, or may enter any vehicle being
used to transport or hold such foods in commerce, for the purpose of:
(a) Inspecting such factory, warehouse,
establishment or vehicle to determine whether any of the provisions of this
chapter is being violated; and
(b) Securing samples or specimens of any food
after paying 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 to determine whether any provision of this chapter is being violated.
[16:177:1939; 1931 NCL § 6206.15]—(NRS A 1979, 1192)
NRS 585.245 Licensing of persons manufacturing, compounding, processing or
packaging drugs, devices or cosmetics: Regulations; fees; inspection.
1. The Commissioner shall adopt
regulations for the licensing of every person who manufactures, compounds,
processes or packages drugs, devices or cosmetics in a factory, warehouse,
laboratory or other location in this State. The regulations must set forth the
requirements for issuance and renewal of a license. Only a person who complies
with the requirements of this chapter is entitled to a license. A license is
not transferable from person to person or from place to place. The regulations
must prescribe the length of term for which a license is issued and must set
forth grounds and procedures for 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 any factory, warehouse, laboratory or other location in this
State. Licensed pharmacies compounding or packaging prescriptions are exempt
from this provision.
3. The Commissioner shall establish and
collect fees for the purpose of paying the costs of inspecting, testing and
other functions required under the provisions of this chapter with respect to
any drug, device or cosmetic. Failure to pay any fee imposed pursuant to this
subsection is a ground for revocation, suspension or nonrenewal of a license.
All such fees collected by the Commissioner must be deposited with the State
Treasurer for credit to the State General Fund.
4. As a condition for entertaining the
application of any applicant for any license authorized under this chapter, and
as a further condition for the issuance of any such license, the Commissioner
or the Commissioner’s authorized agent is entitled to free access at all
reasonable hours to any factory, warehouse or other location in which drugs,
devices or cosmetics are manufactured, compounded, processed or packaged or
held for introduction into commerce, 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
location or vehicle to determine whether any of the provisions of this chapter
is being violated; and
(b) Securing samples or specimens of any drug,
device or 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 this section to determine whether any of the provisions of this chapter is
being violated.
(Added to NRS by 1979, 1191)
NRS 585.250 Tagging of articles believed to be dangerous to health: Contents
of tag; unlawful sales.
1. Whenever the Commissioner, any of the
Commissioner’s authorized agents, or any member or inspector of the State Board
of Pharmacy finds, or has probable cause to believe, that any food, drug,
device or cosmetic is adulterated, or so misbranded as to be dangerous or
fraudulent, within the meaning of this chapter, he or she shall affix to such
article a tag or other appropriate marking, giving notice that such article is,
or is suspected of being, adulterated or misbranded and has been quarantined,
and warning all persons not to remove or dispose of such article by sale or
otherwise until permission for removal or disposal is given by such agent or
the court.
2. It shall be unlawful for any person to
remove or dispose of such quarantined article by sale or otherwise without such
permission.
[Part 4:177:1939; 1931 NCL § 6206.03]—(NRS A 1967,
1665)
NRS 585.260 Removal of tag or marking from detained or quarantined article;
liability of person removing tag or other marking.
1. When the Commissioner, the
Commissioner’s authorized agent, or a member or inspector of the State Board of
Pharmacy has found that an article so quarantined is not adulterated or
misbranded, he or she shall remove the tag or other marking.
2. In any proceeding against the
Commissioner, the Commissioner’s authorized agent, or a member or inspector of
the State Board of Pharmacy because of such quarantine, the Commissioner, the
Commissioner’s authorized agent, or member or inspector of the State Board of
Pharmacy shall not be held liable if the court 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 Petition for condemnation and destruction of adulterated or
misbranded article. When an
article quarantined under NRS 585.250 has been
found by the Commissioner, the Commissioner’s authorized agent, or a member or
inspector of the State Board of Pharmacy to be adulterated or misbranded, the
Commissioner, the Commissioner’s agent, or such member or inspector shall
petition the judge of the district court in whose jurisdiction the article is
quarantined for the condemnation and destruction of such article.
[Part 4:177:1939; 1931 NCL § 6206.03]—(NRS A 1967,
1666)
NRS 585.280 Destruction of article found to be adulterated or misbranded. If the court finds that a quarantined article
is adulterated or misbranded, such article shall, after entry of the decree, be
destroyed under the supervision of the Commissioner, the Commissioner’s
authorized agent, or a member or inspector of the State Board of Pharmacy.
[Part 4:177:1939; 1931 NCL § 6206.03]—(NRS A 1967,
1666)
NRS 585.290 Correction of defect by proper labeling or processing. When the adulteration or misbranding can be
corrected by proper labeling or processing of the article to the satisfaction
of the Commissioner, the Commissioner’s authorized agent, or a member or
inspector of the State Board of Pharmacy, the court, after entry of the decree,
may by order direct that such article be delivered to the owner or defender
thereof for such labeling or processing under the supervision of the
Commissioner, the Commissioner’s authorized agent, or a member or inspector of
the State Board of Pharmacy.
[Part 4:177:1939; 1931 NCL § 6206.03]—(NRS A 1967,
1666)
FOOD
NRS 585.300 Adulterated food: Poisonous or insanitary ingredients. A food shall be deemed to be adulterated if:
1. It bears or contains any poisonous or
deleterious substance which may render it injurious to health unless the
substance is not an added substance and the quantity of the substance does not
ordinarily render it 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 for food;
3. It has been produced, prepared, packed
or held under insanitary conditions whereby it may have become contaminated
with filth or 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 a slaughterhouse;
5. Its container is composed, in whole or
in part, of any poisonous or deleterious substance which may render the
contents injurious to health; or
6. It bears or contains any color additive
which is unsafe within the meaning of the Federal Act.
[Part 6:177:1939; 1931 NCL § 6206.05]—(NRS A 1983, 190)
NRS 585.310 Adulterated food: Absence, substitution or addition of
constituents. A food shall be
deemed to be adulterated:
1. If any valuable constituent has been in
whole or in part omitted or abstracted therefrom;
2. If any substance has been substituted
wholly or in part therefor;
3. If damage or inferiority has been
concealed in any manner; or
4. If any substance has been added thereto
or mixed or packed therewith so as to increase its bulk or weight, or reduce
its quality or strength, or make it appear better or of greater value than it
is.
[Part 6:177:1939; 1931 NCL § 6206.05]
NRS 585.320 Adulterated food: Standards of purity, quality or strength. A food shall be deemed to be adulterated if it
falls below the standard of purity, quality or strength which it purports or is
represented to possess.
[Part 6:177:1939; 1931 NCL § 6206.05]
NRS 585.330 Adulterated food: Confectionery containing nonnutritive
substance.
1. A food shall be deemed to be
adulterated if it is confectionery and it bears or contains any nonnutritive
article or substance except harmless coloring, harmless flavoring, harmless
resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax
not in excess of four-tenths of 1 percent, harmless natural gum and pectin.
2. This section does not apply to any
confectionery by reason of its containing less than 4 percent alcohol by
weight, or to any chewing gum by reason of its containing harmless nonnutritive
masticatory substances.
[Part 6:177:1939; 1931 NCL § 6206.05]—(NRS A 1981, 908)
NRS 585.350 Misbranded food. 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 another food.
3. If it is an imitation of another food,
unless its label bears, in type of uniform size and prominence, the word
“Imitation,” and immediately thereafter the name of the food imitated.
4. If its container is so made, formed or
filled as to be misleading.
5. If it is not labeled as required by NRS 583.045.
6. If in package form, unless it bears a
label containing:
(a) The name and place of business of the
manufacturer, packer or distributor.
(b) An accurate statement of the quantity of the
contents in terms of weight, measure or numerical count; but under this
paragraph reasonable variations shall be permitted, and exemptions as to small
packages shall be established by regulation prescribed by the Commissioner.
7. If it purports to be or is represented
as a food for which a definition and standard of identity, quality and fill of
container has been prescribed, unless it conforms to such standards of
identity, quality and fill.
8. If it purports to be or is represented
for special dietary uses, unless its label bears such information concerning
its vitamin, mineral and other dietary properties as the Commissioner
determines to be, and by regulations prescribes as, necessary in order to
inform purchasers fully as to its value for such uses.
9. If it bears or contains any artificial
flavoring, artificial coloring, or chemical preservative, unless it bears
labeling stating that fact; but the provisions of this subsection with respect
to artificial color 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 Use of “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 by the term “honey” alone if such food product consists partly or
entirely of ingredients other than honey.
2. Any food product, except a honeydew
melon, designated by any combination of words which include the word “honey” in
the label or brand name unless such food product contains honey as an
ingredient and the other ingredients are disclosed.
Ê As used in
this section, “honey” means the natural product of honeybees, drawn from the
nectar of flowers, transformed by the bees and stored in a honeycomb and later
marketed in the honeycomb or taken from it and marketed in a liquid, candied or
granulated condition.
(Added to NRS by 1975, 813)
NRS 585.360 Food containing filthy, decomposed or putrid substance declared
nuisance; condemnation or destruction by Commissioner. Whenever
the Commissioner or any of the Commissioner’s 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, or contain any filthy, decomposed or putrid substance, or that may be
poisonous or deleterious to health or otherwise unsafe, the same being hereby
declared to be a nuisance, the Commissioner or the Commissioner’s authorized
agents shall forthwith condemn or destroy the same, or in any other manner render
the same unsalable as human food.
[Part 4:177:1939; 1931 NCL § 6206.03]
DRUGS AND DEVICES
NRS 585.370 Adulterated drugs 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 or decomposed substance;
2. It has been produced, prepared, packed
or held under insanitary conditions whereby it may have been rendered injurious
to health;
3. It is a drug and its container is
composed, in whole or in part, of any poisonous or deleterious substance which
may render the contents injurious to health; or
4. It is a drug and it bears or contains,
for coloring only, 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 Adulterated drugs and devices: Strength, quality or purity
differing from official compendium.
1. A drug shall be deemed to be
adulterated if it is represented as a drug, the name of which is recognized in
an official compendium, and its strength differs from, or its quality or purity
falls below, the standard set forth in the compendium. The determination as to
strength, quality or purity must be made in accordance with the tests or
methods of assay set forth in the compendium or, in the absence of or
inadequacy of those tests or methods of assay, those prescribed pursuant to the
Federal Act.
2. A drug which is defined in an official
compendium shall not be deemed to be adulterated under this section because it
differs from the standard of strength, quality or purity set forth in the
compendium if that difference is plainly stated on its label.
[Part 8:177:1939; 1931 NCL § 6206.07]—(NRS A 1983, 190)
NRS 585.390 Adulterated drugs and devices: Misrepresentation of strength,
quality or purity if drug not in compendium. A
drug or device shall be deemed 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
represented to possess.
[Part 8:177:1939; 1931 NCL § 6206.07]
NRS 585.400 Adulterated drugs and devices: Mixture with or substitution of
another substance. A drug or
device shall be deemed to be adulterated if it is a drug and any substance has
been:
1. Mixed or packed therewith so as to
reduce its quality or strength; or
2. Substituted wholly or in part therefor.
[Part 8:177:1939; 1931 NCL § 6206.07]
NRS 585.410 Misbranded drugs and devices: False or misleading label. A drug or device shall be deemed to be
misbranded if its labeling is false or misleading in any particular.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.420 Misbranded drugs and devices: Contents of label on package.
1. Except as provided in subsections 2 and
3, a drug or device shall be deemed to be misbranded if in package form unless
it bears a label containing:
(a) The name and place of business of the
manufacturer, packer or distributor; and
(b) An accurate statement of the quantity of the
contents in terms of weight, measure or numerical count.
2. The label affixed to a container which
contains a prescription 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 the packer or distributor,
Ê of the drug
in its final dosage form.
3. A label affixed to a container by a
pharmacist is not required to include the name and place of business of the
manufacturer, packer or distributor.
4. Under paragraph (b) of subsection 1,
reasonable variations shall be permitted, and exemptions as to small packages
shall be established, by regulations prescribed by the Commissioner.
[Part 9:177:1939; 1931 NCL § 6206.08]—(NRS A 1977, 632)
NRS 585.430 Misbranded drugs and devices: Habit-forming substances. A drug or device shall be deemed to be
misbranded if it is for use by humans and contains any quantity of narcotic or
hypnotic substances or any chemical derivative thereof, unless its label bears
the name and quantity or proportion of such substance or derivative and, in
juxtaposition therewith, the statement “Warning—May be habit forming.”
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.440 Misbranded drugs and devices: Designation of drug by name not in
compendium.
1. A drug or device shall be deemed to be
misbranded if it is a drug and is not designated solely by a name recognized in
an official compendium unless its label bears:
(a) The common or usual name of the drug, if such
there be; and
(b) In case it is fabricated from two or more
ingredients, the common or usual name of each active ingredient, including the
kind and quantity or proportion of any alcohol, and also including, whether
active 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 of
any such substances contained therein.
2. To the extent that compliance with the
requirements of paragraph (b) of subsection 1 is impracticable, exemptions
shall be established by regulations promulgated by the Commissioner.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.450 Misbranded drugs and devices: Directions for use and warnings on
label.
1. A drug or device shall be deemed to be
misbranded unless its label bears:
(a) Adequate directions for use; and
(b) Such adequate warnings against use in those
pathological conditions or by children where its use may be dangerous to
health, or against unsafe dosage or methods or duration or administration or
application, in such manner and form as are necessary for the protection of
users.
2. Where any requirement of paragraph (a)
of subsection 1, as applied to any drug or device, is not necessary for the
protection of the public health, the Commissioner shall promulgate regulations
exempting such drug or device from such requirements.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.460 Misbranded drugs and devices: Misleading container; imitation;
offer for sale under another name. A
drug or device shall be deemed to 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 another drug.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.470 Misbranded drugs and devices: Health-endangering when used as
prescribed. A drug or device shall
be deemed to be misbranded if it is dangerous to health when used in the dosage
or with the frequency or duration prescribed, recommended or suggested in the
labeling thereof.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.480 Misbranded drugs 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 is a drug sold at retail for use by
humans, and contains any quantity of amidopyrine, barbituric acid, cinchophen,
dinitrophenol or sulfanilamide, unless it is sold on a written prescription
signed by a member of the medical, dental or veterinary profession who is
licensed by law to administer such drug, and its label bears the name and place
of business of the seller, the serial number and date of such prescription, and
the name of such member of the medical, dental or veterinary profession.
[Part 9:177:1939; 1931 NCL § 6206.08]
NRS 585.485 Restrictions on sale of dimethyl sulfoxide; penalty.
1. Dimethyl sulfoxide may be sold, whether
by wholesalers or retailers, in quantities of 1 gallon or more.
2. Dimethyl sulfoxide may be sold,
prescribed or dispensed in quantities of less than 1 gallon only:
(a) Pursuant to prescription by a dentist,
podiatric physician or veterinarian licensed to practice such profession in
this State or by a licensed physician; or
(b) To a purchaser who gives an affidavit
declaring that the dimethyl sulfoxide being purchased:
(1) Will not be used for medicinal
treatment of any human being; or
(2) Will not be resold and will be used
for industrial or commercial purposes in a laboratory or business which is
licensed by the state or a local government.
3. A prescription for dimethyl sulfoxide
may be filled only with a grade and quality of that substance which meets the
requirements of the United States Food and Drug Administration.
4. Any person who gives a false affidavit
for the purpose of obtaining dimethyl sulfoxide pursuant to paragraph (b) of
subsection 2 is guilty of a misdemeanor.
(Added to NRS by 1981, 1696; A 1993, 2237)
NRS 585.490 Introduction or delivery for introduction of new drug into
intrastate commerce before application is effective prohibited. No person shall introduce or deliver for
introduction into intrastate commerce any new drug 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 effective thereunder.
[10:177:1939; 1931 NCL § 6206.09]
NRS 585.495 Licensing of manufacture of amygdalin and procaine
hydrochloride; duties and powers of Commissioner; injunctive relief.
1. The 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
a representation that either substance has any therapeutic effect.
2. The Commissioner shall:
(a) Adopt regulations which prescribe minimum
standards for manufacturers in preparing, compounding, processing and packaging
each substance.
(b) Make periodic tests and inspections of both
the facilities for manufacture and samples of the substances to ascertain the
purity, quality and identity of the substance and to determine that the
substance 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. A license shall not be issued until the applicant has paid all
actual costs for the 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 by
paragraph (b) of subsection 2.
(b) Violates any regulation adopted by the
Commissioner.
(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 the Commissioner seek injunctive relief for any violation of the
regulations adopted by the Commissioner.
(Added to NRS by 1977, 1646; A 1979, 1193; 1983, 224)
NRS 585.497 Assessment on gross receipts from sale of amygdalin and procaine
hydrochloride.
1. An assessment of 10 percent, payable
quarterly to the Department of Taxation, is imposed upon the gross receipts of
a manufacturer from the sale of each substance licensed for manufacture
pursuant to NRS 585.495.
2. The Nevada Tax Commission shall
prescribe by regulation appropriate forms for reporting such gross receipts,
and shall when appropriate recompute the assessment and collect any deficiency
in the manner provided for taxes required to be paid pursuant to title 32 of
NRS. Each manufacturer shall report the sales and pay the assessment during the
months of January, April, July and October for the respective preceding
calendar quarters.
3. As used in this section:
(a) “Gross receipts” means the total amount of
the sale of 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
or service, any interest paid or any losses or other expense.
(3) The cost of marketing the substance.
(4) The cost of transporting the substance
before its sale to the purchaser.
(b) “Sale” includes any transfer of title or
possession, exchange or barter, whether conditional or otherwise, of a
substance 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 of any kind.
(Added to NRS by 1983, 223)
COSMETICS
NRS 585.500 Adulterated cosmetics. A
cosmetic shall be deemed to be adulterated:
1. If it bears or contains any poisonous
or deleterious substance which may render it injurious to users under the
conditions of use prescribed in the labeling or advertisement thereof, or under
such conditions of use as are customary or usual; but this provision shall not
apply to coal tar hair dye, the label of which bears the following legend
conspicuously displayed thereon: “Caution—This product contains ingredients
which may cause irritation on certain individuals and a preliminary test
according to accompanying directions should first be made. This product must
not be used for dyeing the eyelashes or eyebrows; to do so may cause
blindness.”, and the labeling of which bears adequate directions for such
preliminary testing. For the purposes of this subsection and subsection 5 the
term “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 held under 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
contents injurious to health.
5. If it is not a hair dye and it bears or
contains a coal tar color other than one from a batch which has been certified
by the United States Department of Agriculture.
[11:177:1939; 1931 NCL § 6206.10]
NRS 585.510 Misbranded cosmetics. A
cosmetic shall be deemed to be misbranded:
1. If its labeling is false or misleading
in any particular.
2. If in package form unless it bears a
label containing:
(a) The name and place of business of the manufacturer,
packer or distributor; and
(b) An accurate statement of the quantity of the
contents in terms of weight, measure or numerical count. Under this paragraph,
reasonable variations shall be permitted, and exemptions as to small packages
shall be established by regulations prescribed by the Commissioner.
3. If its container is so made, formed or
filled as to be misleading.
[12:177:1939; 1931 NCL § 6206.11]
PROHIBITED ACTS AND PENALTIES
NRS 585.520 Prohibited acts. The
following acts and the causing thereof within the State of Nevada are hereby
prohibited:
1. The manufacture, sale or delivery,
holding or offering for sale of any food, drug, device or cosmetic that is
adulterated or misbranded.
2. The adulteration or misbranding of any
food, drug, device or cosmetic.
3. The sale, delivery for sale, holding
for sale or offering 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 to permit the taking of a sample, as authorized by NRS 585.240 or 585.245.
6. The giving of a guaranty or
undertaking, which guaranty or undertaking is false, except by a person who
relied on a guaranty or undertaking to the same effect signed by and containing
the name and address of the person residing in the State of Nevada from whom he
or she received in good faith the food, drug, device or cosmetic.
7. The removal or disposal of a detained
or embargoed article 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 the doing of any other act with respect to a food, drug, device or
cosmetic, if such act is done while such article is held for sale and results
in such article being misbranded.
[3:177:1939; 1931 NCL § 6206.02]—(NRS A 1979, 1193)
NRS 585.530 When advertisement deemed false. An
advertisement of a food, drug, device or cosmetic shall be deemed to be false
if it is false or misleading in any particular.
[13:177:1939; 1931 NCL § 6206.12]
NRS 585.535 Unlawful to sell or offer to sell beverage container opened by
detaching metal ring or tab; exceptions; penalty.
1. Except as otherwise provided in
subsection 2, it is unlawful for a person to sell or offer for sale at retail a
metal beverage container so designed and constructed that it is opened by
detaching a metal ring or tab.
2. This section does not prohibit the sale
of a beverage container which:
(a) Is sealed with laminated tape, foil or other
soft material that is detachable; or
(b) Contains milk-based, soy-based or similar
products which require heat and pressure in the canning process.
3. A person who violates the provisions of
subsection 1 shall be punished by a fine of not more than $500 for each
violation. Each day of violation constitutes a separate offense.
(Added to NRS by 1989, 277)
NRS 585.540 Duties of Attorney General and district attorneys; hearing by
Commissioner before institution of criminal proceedings.
1. The Attorney General or any district
attorney to whom the Commissioner or any of the Commissioner’s authorized
agents shall report any violation of this chapter shall cause appropriate
proceedings to be instituted in the proper court without delay and to be
prosecuted in the manner required by law.
2. Before any violation of this chapter is
reported to the Attorney General or a district attorney for the institution of
a criminal proceeding, the person against whom such proceeding is contemplated
shall be given appropriate notice and an opportunity to present his or her
views before the Commissioner or the Commissioner’s designated agent, either
orally or in writing, in person or by 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 or packages any drug in a factory, warehouse, laboratory or other
location in this state without a license required by NRS
585.245 is guilty of a category D felony and shall be punished as provided
in NRS 193.130.
2. A person who violates any other
provision of this chapter is guilty of a gross misdemeanor.
[18:177:1939; 1931 NCL § 6206.17]—(NRS A 1967, 619; 1979, 1194; 1995, 1306)
