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 size and prominence, the word “Imitation,” and immediately thereafter the name of the food imitated.

4. If its container is so made, formed or filled as to be misleading.

5. If it is not labeled as required by NRS 583.045.

6. If in package form, unless it bears a label containing:

(a) The name and place of business of the manufacturer, packer or distributor.

(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; but under this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulation prescribed by the Commissioner.

7. If it purports to be or is represented as a food for which a definition and standard of identity, quality and fill of container has been prescribed, unless it conforms to such standards of identity, quality and fill.

8. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the Commissioner determines to be, and by regulations prescribes as, necessary in order to inform purchasers fully as to its value for such uses.

9. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; but the provisions of this subsection with respect to artificial color shall not apply in the case of butter, cheese or ice cream.

[7:177:1939; 1931 NCL § 6206.06] — (NRS A 1965, 433)