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. 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 his 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 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 laminat

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