Section 439.Sec. 8.1 - NEW1. 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:(III) An herb or other botanical;(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.Nev. Admin. Code § 439.Sec. 8.1
Added to NAC by Bd. of Health by R035-22A, eff. 9/18/2023