uthorized 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, 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) 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. 3. 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 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, 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 his 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 t

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