360B.430 - “Dietary supplement” construed.

360B.430  “Dietary supplement” construed.  “Dietary supplement” means any product, other than tobacco, intended to supplement the diet that:

      1.  Contains one or more of the following dietary ingredients:

      (a) A vitamin;

      (b) A mineral;

      (c) An herb or other botanical;

      (d) An amino acid;

      (e) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or

      (f) A concentrate, metabolite, constituent, extract or combination of any ingredient described in paragraphs (a) to (e), inclusive;

      2.  Is intended for ingestion in the form of a tablet, capsule, powder, softgel, gelcap 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.

      (Added to NRS by 2005, 1769)