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 he 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 his 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 his 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 his 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 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, his 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 shall remove the tag or other marking. 2. In any proceeding against the Commissioner, his authorized agent, or a member or inspector of the State Board of Pharmacy because of such quarantine, the Commissioner, his 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, his authorized agent, or a member or inspector of the State Board of Pharmacy to be adulterated or misbranded, the Commissioner, his 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, his 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, his a

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