ROVISIONS 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 man or other animals; or 2. To affect the structure or any function of the body of man 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 man or other animals; (c) Articles, other than food, intended to affect the structure or any function of the body of man 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 man 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 Health Division 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 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

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