Current through February 27, 2024
1. A consumer or a public agency may submit
to:
(a) The health authority a complaint
alleging that a hemp product that is a food or dietary supplement and is
processed, sold or offered for sale in this State does not meet a requirement
prescribed by section 6 or is adulterated as described in that
section.
(b) The Commissioner a
complaint alleging that a hemp product that is a drug or cosmetic and is
processed, sold or offered for sale in this State does not meet a requirement
prescribed by section 6 or is adulterated as described in that
section.
2. The health
authority or Commissioner, as applicable, shall investigate a complaint
submitted pursuant to subsection 1 to the extent it deems appropriate. An
investigation may include, without limitation, requiring the testing of the
product in accordance with recognized laboratory standards for testing of the
applicable type of hemp product approved by the health authority or
Commissioner, as applicable. The processor of the product is responsible for
the cost of the testing and may perform the testing itself or cause the testing
to be performed by a third party. The processor or third party, whomever
performs the test, shall notify the health authority or Commissioner, as
applicable, of the results of the testing not later than 24 hours after the
completion of the testing.
3. If a
complaint is substantiated, the health authority or Commissioner, as
applicable, may:
(a) Require the processor of
the hemp product that is the subject of the complaint to pay the cost of the
investigation; and
(b) Take any
action authorized under the applicable provisions of chapter 446 or 585 of
NRS.
4. As used in this
section:
(a) "Commissioner" means the
Commissioner of Food and Drugs appointed pursuant to
NRS
439.135.
(b) "Cosmetic" has the meaning ascribed to it
in NRS
585.060.
(c) "Dietary supplement" means any product,
other than tobacco, intended to supplement the diet that:
(1) Contains one or more of the following
dietary ingredients:
(I) A vitamin;
(II) A mineral;
(III) An herb or other botanical;
(IV) An amino acid;
(V) A dietary substance for use by humans to
supplement the diet by increasing the total dietary intake; or
(VI) A concentrate, metabolite, constituent,
extract or combination of any ingredient described in sub-subparagraphs (I) to
(V), inclusive;
(2) Is
intended for ingestion in the form of a tablet, capsule, powder, softgel, gel
capsule or liquid or, if not intended for ingestion in such a form, is not
represented as conventional food and is not represented for use as a sole item
of a meal or of the diet; and
(3)
Is required to be labeled as a dietary supplement in accordance with
21 C.F.R. §
101.36.
(d) "Drug" has the meaning ascribed to it in
NRS
585.080.
(e) "Food" has the meaning ascribed to it in
NRS
585.100.
(f) "Health authority" has the meaning
ascribed to it in NRS 446.050.
Added
to NAC by Bd. of Health by
R035-22A,
eff. 9/18/2023
NRS
439.532
