Title 51

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 cons…

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…

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…

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…

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 suc…

NRS 585.195 Inapplicability of chapter to certain veterinary biologic products. 1. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a veterinary biologic product that is: (a) Licensed for production under a product license; and (b) Direc…

NRS 585.200 Appointment of Commissioner of Food and Drugs. The Administrator of the Division of Public and Behavioral Health of the Department of Human Services shall designate and appoint, for the enforcement of this chapter, a Commissioner and such other agents as he or she may…

NRS 585.210 Regulations. 1. The authority to promulgate regulations for the efficient enforcement of this chapter is hereby vested in the Commissioner. 2. The Commissioner is hereby authorized to make the regulations promulgated under this chapter conform, insofar as practicable,…

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…

NRS 585.240 Inspection of factories and vehicles: Purposes; examination of samples. 1. The Commissioner or the Commissioner’s duly authorized agent is entitled to free access at all reasonable hours to any factory, warehouse or establishment in which foods are manufactured, proce…

NRS 585.245 Licensing of persons manufacturing, compounding, processing or packaging drugs, devices or cosmetics: Regulations; fees; inspection. [Effective through June 30, 2027.] 1. The Commissioner shall adopt regulations for the licensing of every person who manufactures, comp…

NRS 585.250 Quarantine: Tagging or marking of article; unlawful removal or disposal of article. 1. Whenever the Commissioner, any of the Commissioner’s authorized agents, or any member or inspector of the State Board of Pharmacy finds, or has probable cause to believe, that any f…

NRS 585.260 Quarantine: Removal of tag or marking; immunity from liability for certain persons if court finds probable cause for quarantine. 1. When the Commissioner, the Commissioner’s authorized agent, or a member or inspector of the State Board of Pharmacy has found that an ar…

NRS 585.270 Quarantine: Petition for condemnation or destruction of adulterated or misbranded article. When an article quarantined under NRS 585.250 has been found by the Commissioner, the Commissioner’s authorized agent, or a member or inspector of the State Board of Pharmacy to…

NRS 585.280 Quarantine: 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, the Commissione…

NRS 585.290 Quarantine: 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, the Commissioner’s authorized agent, or a member or inspec…

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 o…

NRS 585.310 Adulterated food: Absence, substitution or addition of constituents; exception. 1. Except as otherwise provided in subsection 2, a food shall be deemed to be adulterated: (a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; (b)…

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 n…

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 siz…

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 p…

NRS 585.360 Food containing filthy, decomposed or putrid substance declared nuisance; condemnation or destruction by Commissioner. Whenever the Commissioner or any of the Commissioner’s authorized agents shall find in any room, building or other structure, or vehicle of transport…

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 cond…

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 …

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 …

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 who…

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, p…

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 humans and contains any quantity of narcotic or hypnotic substances or any chemical derivative thereof, unless its label bears the name and qu…

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 usua…

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 chil…

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 anot…

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 ther…

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 humans, and contains any quant…

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) Pur…

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 (2…

NRS 585.495 Licensing of manufacture of amygdalin and procaine hydrochloride; duties and powers of Commissioner; injunctive relief. 1. The State Board of Health shall license amygdalin (laetrile) and procaine hydrochloride with preservatives and stabilizers (Gerovital H3) for man…

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 manufactu…

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…

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…

NRS 585.511 Definitions. As used in NRS 585.511 to 585.5193, inclusive, unless the context otherwise requires, the words and terms defined in NRS 585.512 to 585.518, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2023, 1098)