ests 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, 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 man 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 man, 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 his profession in this State or by a licensed physician; or (b) To a purchaser who gives his 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

Vegas Law