§ 6802. Definitions. 1. "Pharmacy" means any place in which drugs,\nprescriptions or poisons are possessed for the purpose of compounding,\npreserving, dispensing or retailing, or in which drugs, prescriptions or\npoisons are compounded, preserved, dispensed or retailed, or in which\nsuch drugs, prescriptions or poisons are by advertising or otherwise\noffered for sale at retail.\n 3. "Formulary" means the latest edition of the official national\nformulary, and its supplement.\n 4. "Pharmacopeia", when not otherwise limited, means the latest\nedition of the official United States pharmacopeia, and its supplement.\n 5. "Homeopathic pharmacopeia" means the official homeopathic\npharmacopeia of the United States, and its supplement.\n 6. "Official compendium" means the official United States\npharmacopeia, official homeopathic pharmacopeia of the United States,\nofficial national formulary, or their supplements.\n 7. "Drugs" means:\n a. Articles recognized in the official United States pharmacopeia,\nofficial homeopathic pharmacopeia of the United States, or official\nnational formulary.\n b. Articles intended for use in the diagnosis, cure, mitigation,\ntreatment or prevention of disease in man or animals.\n c. Articles (other than food) intended to affect the structure or any\nfunction of the body of man or animals.\n d. Articles intended for use as a component of any article specified\nin paragraphs a, b, or c; but does not include devices or their\ncomponents, parts or accessories.\n 8. "Cosmetics" means:\n a. Articles intended to be rubbed, poured, sprinkled or sprayed on,\nintroduced into or otherwise applied to the human body for cleansing,\nbeautifying, promoting attractiveness, or altering the appearance.\n b. Articles intended for use as a component of any such articles;\nexcept that the term shall not include soap.\n 9. "Poison", where not otherwise limited, means any drug, chemical or\npreparation likely to be destructive to adult human life in quantity of\nsixty grains or less.\n 10. "Label" means a display of written, printed or pictorial matter\nupon the immediate container of any drug, device or cosmetic. Any\nrequirement made by or under authority of this article, that any word,\nstatement, or other information appear on the label shall not be\nconsidered to be complied with unless such word, statement or other\ninformation also appears on the outside container or wrapper, if there\nbe any, of the retail package of such drug, device or cosmetic or is\neasily legible through the outside container or wrapper.\n 11. "Immediate container" does not include package liners.\n 12. "Labeling" means all labels and other written, printed or\npictorial matter:\n a. Upon any drug, device or cosmetic or any of its containers or\nwrappers, or\n b. Accompanying such drug, device or cosmetic.\n 13. "Misbranding". If a drug, device or cosmetic is alleged to be\nmisbranded because the labeling is misleading, or if an advertisement is\nalleged to be false because it is misleading then in determining whether\nthe labeling or advertisement is misleading there shall be taken into\naccount (among other things) not only representations made or suggested\nby statement, word, design, device, sound or any combination thereof,\nbut also the extent to which the labeling fails to reveal facts material\nin the light of such representations or material with respect to\nconsequences which may result from the use of the drug, device, or\ncosmetic to which the labeling or advertising relates under the\nconditions of use prescribed in the labeling or advertising thereof or\nunder such conditions of use as are customary or usual. No drug, device\nor cosmetic which is subject to, and complies with regulations\npromulgated under the provisions of the federal food, drug, and cosmetic\nact, relating to adulteration and misbranding shall be deemed to be\nadulterated or misbranded in violation of the provisions of this article\nbecause o
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