65-656.Same; definitions.For the purpose of this act: (a) The term "secretary" means thesecretary of health and environment.
(b) The term "person" includes individual, partnership, corporation,and association.
(c) The term "food" means (1) articles used for food or drink forman or other animals, (2) chewing gum, and (3) articles used forcomponents of any such article.
(d) The term "drug" means (1) articles recognized in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States, or official national formulary, or any supplement to anyof them; and (2) articles intended for use in diagnosis, cure,mitigation, treatment or prevention of disease in man or other animals;and (3) articles (other than food) intended to affect the structure orany function of the body of man or other animals; and (4) articlesintended for use as a component of any article specified in clause (1),(2), or (3); but does not include devices or their components, parts oraccessories. The term "drug" shall not include amygdalin (laetrile).
(e) The term "device," except when used in paragraph (k) of thissection and in K.S.A. 65-657 (j), 65-665 (f), 65-669 (c) and(o), and 65-671 (c) means instruments, apparatus and contrivances,including their components, parts and accessories, intended (1) for usein the diagnosis, cure, mitigation, treatment, or prevention of diseasein man or other animals; or (2) to affect the structure or any functionof the body of man or other animals.
(f) The term "cosmetic" means (1) articles intended to be rubbed,poured, sprinkled, or sprayed on, introduced into, or otherwise appliedto the human body or any part thereof for cleaning, beautifying,promoting attractiveness, or altering the appearance; and (2) articlesintended for use as a component of any such articles, except that suchterm shall not include soap.
(g) The term "official compendium" means the official United Statespharmacopoeia, official homeopathic pharmacopoeia of the United States,official national formulary, or any supplement to any of them.
(h) The term "label" means a display of written, printed or graphicmatter upon the immediate container of any article; and a requirementmade by or under authority of this act that any word, statement, orother information appearing on the label shall not be considered to becomplied with unless such word, statement, or other information alsoappears on the outside container or wrapper, if any there be, of theretail package of such article, or is easily legible through the outsidecontainer or wrapper.
(i) The term "immediate container" does not include package liners.
(j) The term "labeling" means all labels and other written, printedor graphic matter (1) upon an article or any of its containers orwrappers, or (2) accompanying such article.
(k) If any article is alleged to be misbranded because the labelingis misleading, or if an advertisement is alleged to be false because itis misleading, then in determining whether the labeling or advertisementis misleading, there shall be taken into account, among other things,not only representations made or suggested by statement, word, design,device, sound, or in any combinations thereof, but also the extent towhich the labeling or advertisement fails to reveal facts material inthe light of such representations or materials with respect toconsequences which may result from the use of the article to which thelabeling or advertisement relates under the conditions of use prescribedin the labeling or advertisement thereof or under such conditions of useas are customary or usual.
(l) The term "advertisement" means all representations disseminatedin any manner or by any means other than by labeling, for the purpose ofinducing, or which are likely to induce, directly or indirectly, thepurchase of food, drugs, devices, or cosmetics.
(m) The representation of a drug, in its labeling or advertisement,as an antiseptic shall be considered to be a representation that it is agermicide, except in the case of a drug purporting to be, or representedas, an antiseptic for inhibitory use as a wet dressing, ointment,dusting powder, or such other use as involves prolonged contact with thebody.
(n) The term "new drug" means (1) any drug the composition of whichis such that such drug is not generally recognized, among expertsqualified by scientific training and experience to evaluate the safetyand effectiveness of drugs, as safe and effective for use under theconditions prescribed, recommended, or suggested in the labelingthereof; or (2) any drug the composition of which is such that suchdrug, as a result of investigations to determine its safety andeffectiveness for use under such conditions, has become so recognized,but which has not, otherwise than in such investigations, been used to amaterial extent or for a material time under such conditions. The term"new drug" shall not include amygdalin (laetrile).
(o) The term "contaminated with filth" applies to any food, drug,device, or cosmetic not securely protected from dust, dirt, and as faras may be necessary by all reasonable means, from all foreign orinjurious contaminations.
(p) The provisions of this act regarding the selling of food, drug,devices, or cosmetics, shall be considered to include the manufacture,production, processing, packaging, exposure, offer, possession, andholding of any such articles for sale; and the sale, dispensing, andgiving of any such article, and the supplying or applying of any sucharticles in the conduct of any food, drug, or cosmetic establishment.
(q) The term "pesticide chemical" means any substance which, alone,in chemical combination, or in formulation with one or more othersubstances is an "economic poison" within the meaning of theagricultural chemicals act, K.S.A. 2-2202 as now enacted or as hereafteramended, and which is used in the production, storage, or transportationof raw agricultural commodities.
(r) The term "raw agricultural commodity" means any food in its rawor natural state, including all fruits that are washed, colored, orotherwise treated in their unpeeled natural form prior to marketing.
(s) The term "food additive" means any substance, the intended useof which results or may be reasonably expected to result, directly orindirectly, in its becoming a component or otherwise affecting thecharacteristics of any food (including any substance intended for use inproducing, manufacturing, packing, processing, preparing, treating,packaging, transporting, or holding food; and including any source ofradiation intended for any such use), if such substance is not generallyrecognized, among experts qualified by scientific training andexperience to evaluate its safety, as having been adequately shownthrough scientific procedures (or, in the case of a substance used in afood prior to January 1, 1958, through either scientific procedures orexperience based on common use in food) to be safe under the conditionsof its intended use; except that such term does not include: (1) Apesticide chemical in or on a raw agricultural commodity; or (2) apesticide chemical to the extent that it is intended for use or is usedin the production, storage, or transportation of any raw agriculturalcommodity; or (3) a color additive; or (4) any substance used inaccordance with a sanction or approval granted prior to the enactment ofthe food additive amendment of 1958, pursuant to the federal act.
(t) (1) The term "color additive" means a material which -- (A) isa dye, pigment, or other substance made by a process of synthesis orsimilar artifice, or extracted, isolated, or otherwise derived, with orwithout intermediate or final change of identity from a vegetable,animal, mineral, or other source, or (B) when added or applied to afood, drug, or cosmetic, or to the human body or any part thereof, iscapable (alone or through reaction with another substance) of impartingcolor thereto; except that such term does not include any material whichhas been or hereafter is exempted under the federal act. (2) The term"color" includes black, white and intermediate grays. (3) Nothing inclause (1) (t) shall be construed to apply to any pesticide chemical,soil or plant nutrient, or other agricultural chemical solely because ofits effect in aiding, retarding, or otherwise affecting, directly orindirectly the growth or other natural physiological process of produceof the soil and thereby affecting its color, whether before or afterharvest.
(u) The term "imitation" shall mean any article made in thesemblance of another, consisting of similar or dissimilar ingredientsand being capable of being substituted for the imitated article withoutthe knowledge of the consumer.
(v) The term "federal act" means the federal food, drug and cosmeticact (title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).
History: L. 1953, ch. 286, § 2; L. 1965, ch. 377, § 1; L. 1967,ch. 338, § 1;L. 1974, ch. 352, § 97; L. 1978, ch. 239, § 13; July 1.
65-656.Same; definitions.For the purpose of this act: (a) The term "secretary" means thesecretary of health and environment.
(b) The term "person" includes individual, partnership, corporation,and association.
(c) The term "food" means (1) articles used for food or drink forman or other animals, (2) chewing gum, and (3) articles used forcomponents of any such article.
(d) The term "drug" means (1) articles recognized in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States, or official national formulary, or any supplement to anyof them; and (2) articles intended for use in diagnosis, cure,mitigation, treatment or prevention of disease in man or other animals;and (3) articles (other than food) intended to affect the structure orany function of the body of man or other animals; and (4) articlesintended for use as a component of any article specified in clause (1),(2), or (3); but does not include devices or their components, parts oraccessories. The term "drug" shall not include amygdalin (laetrile).
(e) The term "device," except when used in paragraph (k) of thissection and in K.S.A. 65-657 (j), 65-665 (f), 65-669 (c) and(o), and 65-671 (c) means instruments, apparatus and contrivances,including their components, parts and accessories, intended (1) for usein the diagnosis, cure, mitigation, treatment, or prevention of diseasein man or other animals; or (2) to affect the structure or any functionof the body of man or other animals.
(f) The term "cosmetic" means (1) articles intended to be rubbed,poured, sprinkled, or sprayed on, introduced into, or otherwise appliedto the human body or any part thereof for cleaning, beautifying,promoting attractiveness, or altering the appearance; and (2) articlesintended for use as a component of any such articles, except that suchterm shall not include soap.
(g) The term "official compendium" means the official United Statespharmacopoeia, official homeopathic pharmacopoeia of the United States,official national formulary, or any supplement to any of them.
(h) The term "label" means a display of written, printed or graphicmatter upon the immediate container of any article; and a requirementmade by or under authority of this act that any word, statement, orother information appearing on the label shall not be considered to becomplied with unless such word, statement, or other information alsoappears on the outside container or wrapper, if any there be, of theretail package of such article, or is easily legible through the outsidecontainer or wrapper.
(i) The term "immediate container" does not include package liners.
(j) The term "labeling" means all labels and other written, printedor graphic matter (1) upon an article or any of its containers orwrappers, or (2) accompanying such article.
(k) If any article is alleged to be misbranded because the labelingis misleading, or if an advertisement is alleged to be false because itis misleading, then in determining whether the labeling or advertisementis misleading, there shall be taken into account, among other things,not only representations made or suggested by statement, word, design,device, sound, or in any combinations thereof, but also the extent towhich the labeling or advertisement fails to reveal facts material inthe light of such representations or materials with respect toconsequences which may result from the use of the article to which thelabeling or advertisement relates under the conditions of use prescribedin the labeling or advertisement thereof or under such conditions of useas are customary or usual.
(l) The term "advertisement" means all representations disseminatedin any manner or by any means other than by labeling, for the purpose ofinducing, or which are likely to induce, directly or indirectly, thepurchase of food, drugs, devices, or cosmetics.
(m) The representation of a drug, in its labeling or advertisement,as an antiseptic shall be considered to be a representation that it is agermicide, except in the case of a drug purporting to be, or representedas, an antiseptic for inhibitory use as a wet dressing, ointment,dusting powder, or such other use as involves prolonged contact with thebody.
(n) The term "new drug" means (1) any drug the composition of whichis such that such drug is not generally recognized, among expertsqualified by scientific training and experience to evaluate the safetyand effectiveness of drugs, as safe and effective for use under theconditions prescribed, recommended, or suggested in the labelingthereof; or (2) any drug the composition of which is such that suchdrug, as a result of investigations to determine its safety andeffectiveness for use under such conditions, has become so recognized,but which has not, otherwise than in such investigations, been used to amaterial extent or for a material time under such conditions. The term"new drug" shall not include amygdalin (laetrile).
(o) The term "contaminated with filth" applies to any food, drug,device, or cosmetic not securely protected from dust, dirt, and as faras may be necessary by all reasonable means, from all foreign orinjurious contaminations.
(p) The provisions of this act regarding the selling of food, drug,devices, or cosmetics, shall be considered to include the manufacture,production, processing, packaging, exposure, offer, possession, andholding of any such articles for sale; and the sale, dispensing, andgiving of any such article, and the supplying or applying of any sucharticles in the conduct of any food, drug, or cosmetic establishment.
(q) The term "pesticide chemical" means any substance which, alone,in chemical combination, or in formulation with one or more othersubstances is an "economic poison" within the meaning of theagricultural chemicals act, K.S.A. 2-2202 as now enacted or as hereafteramended, and which is used in the production, storage, or transportationof raw agricultural commodities.
(r) The term "raw agricultural commodity" means any food in its rawor natural state, including all fruits that are washed, colored, orotherwise treated in their unpeeled natural form prior to marketing.
(s) The term "food additive" means any substance, the intended useof which results or may be reasonably expected to result, directly orindirectly, in its becoming a component or otherwise affecting thecharacteristics of any food (including any substance intended for use inproducing, manufacturing, packing, processing, preparing, treating,packaging, transporting, or holding food; and including any source ofradiation intended for any such use), if such substance is not generallyrecognized, among experts qualified by scientific training andexperience to evaluate its safety, as having been adequately shownthrough scientific procedures (or, in the case of a substance used in afood prior to January 1, 1958, through either scientific procedures orexperience based on common use in food) to be safe under the conditionsof its intended use; except that such term does not include: (1) Apesticide chemical in or on a raw agricultural commodity; or (2) apesticide chemical to the extent that it is intended for use or is usedin the production, storage, or transportation of any raw agriculturalcommodity; or (3) a color additive; or (4) any substance used inaccordance with a sanction or approval granted prior to the enactment ofthe food additive amendment of 1958, pursuant to the federal act.
(t) (1) The term "color additive" means a material which -- (A) isa dye, pigment, or other substance made by a process of synthesis orsimilar artifice, or extracted, isolated, or otherwise derived, with orwithout intermediate or final change of identity from a vegetable,animal, mineral, or other source, or (B) when added or applied to afood, drug, or cosmetic, or to the human body or any part thereof, iscapable (alone or through reaction with another substance) of impartingcolor thereto; except that such term does not include any material whichhas been or hereafter is exempted under the federal act. (2) The term"color" includes black, white and intermediate grays. (3) Nothing inclause (1) (t) shall be construed to apply to any pesticide chemical,soil or plant nutrient, or other agricultural chemical solely because ofits effect in aiding, retarding, or otherwise affecting, directly orindirectly the growth or other natural physiological process of produceof the soil and thereby affecting its color, whether before or afterharvest.
(u) The term "imitation" shall mean any article made in thesemblance of another, consisting of similar or dissimilar ingredientsand being capable of being substituted for the imitated article withoutthe knowledge of the consumer.
(v) The term "federal act" means the federal food, drug and cosmeticact (title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).
History: L. 1953, ch. 286, § 2; L. 1965, ch. 377, § 1; L. 1967,ch. 338, § 1;L. 1974, ch. 352, § 97; L. 1978, ch. 239, § 13; July 1.
65-656.Same; definitions.For the purpose of this act: (a) The term "secretary" means thesecretary of health and environment.
(b) The term "person" includes individual, partnership, corporation,and association.
(c) The term "food" means (1) articles used for food or drink forman or other animals, (2) chewing gum, and (3) articles used forcomponents of any such article.
(d) The term "drug" means (1) articles recognized in the officialUnited States pharmacopoeia, official homeopathic pharmacopoeia of theUnited States, or official national formulary, or any supplement to anyof them; and (2) articles intended for use in diagnosis, cure,mitigation, treatment or prevention of disease in man or other animals;and (3) articles (other than food) intended to affect the structure orany function of the body of man or other animals; and (4) articlesintended for use as a component of any article specified in clause (1),(2), or (3); but does not include devices or their components, parts oraccessories. The term "drug" shall not include amygdalin (laetrile).
(e) The term "device," except when used in paragraph (k) of thissection and in K.S.A. 65-657 (j), 65-665 (f), 65-669 (c) and(o), and 65-671 (c) means instruments, apparatus and contrivances,including their components, parts and accessories, intended (1) for usein the diagnosis, cure, mitigation, treatment, or prevention of diseasein man or other animals; or (2) to affect the structure or any functionof the body of man or other animals.
(f) The term "cosmetic" means (1) articles intended to be rubbed,poured, sprinkled, or sprayed on, introduced into, or otherwise appliedto the human body or any part thereof for cleaning, beautifying,promoting attractiveness, or altering the appearance; and (2) articlesintended for use as a component of any such articles, except that suchterm shall not include soap.
(g) The term "official compendium" means the official United Statespharmacopoeia, official homeopathic pharmacopoeia of the United States,official national formulary, or any supplement to any of them.
(h) The term "label" means a display of written, printed or graphicmatter upon the immediate container of any article; and a requirementmade by or under authority of this act that any word, statement, orother information appearing on the label shall not be considered to becomplied with unless such word, statement, or other information alsoappears on the outside container or wrapper, if any there be, of theretail package of such article, or is easily legible through the outsidecontainer or wrapper.
(i) The term "immediate container" does not include package liners.
(j) The term "labeling" means all labels and other written, printedor graphic matter (1) upon an article or any of its containers orwrappers, or (2) accompanying such article.
(k) If any article is alleged to be misbranded because the labelingis misleading, or if an advertisement is alleged to be false because itis misleading, then in determining whether the labeling or advertisementis misleading, there shall be taken into account, among other things,not only representations made or suggested by statement, word, design,device, sound, or in any combinations thereof, but also the extent towhich the labeling or advertisement fails to reveal facts material inthe light of such representations or materials with respect toconsequences which may result from the use of the article to which thelabeling or advertisement relates under the conditions of use prescribedin the labeling or advertisement thereof or under such conditions of useas are customary or usual.
(l) The term "advertisement" means all representations disseminatedin any manner or by any means other than by labeling, for the purpose ofinducing, or which are likely to induce, directly or indirectly, thepurchase of food, drugs, devices, or cosmetics.
(m) The representation of a drug, in its labeling or advertisement,as an antiseptic shall be considered to be a representation that it is agermicide, except in the case of a drug purporting to be, or representedas, an antiseptic for inhibitory use as a wet dressing, ointment,dusting powder, or such other use as involves prolonged contact with thebody.
(n) The term "new drug" means (1) any drug the composition of whichis such that such drug is not generally recognized, among expertsqualified by scientific training and experience to evaluate the safetyand effectiveness of drugs, as safe and effective for use under theconditions prescribed, recommended, or suggested in the labelingthereof; or (2) any drug the composition of which is such that suchdrug, as a result of investigations to determine its safety andeffectiveness for use under such conditions, has become so recognized,but which has not, otherwise than in such investigations, been used to amaterial extent or for a material time under such conditions. The term"new drug" shall not include amygdalin (laetrile).
(o) The term "contaminated with filth" applies to any food, drug,device, or cosmetic not securely protected from dust, dirt, and as faras may be necessary by all reasonable means, from all foreign orinjurious contaminations.
(p) The provisions of this act regarding the selling of food, drug,devices, or cosmetics, shall be considered to include the manufacture,production, processing, packaging, exposure, offer, possession, andholding of any such articles for sale; and the sale, dispensing, andgiving of any such article, and the supplying or applying of any sucharticles in the conduct of any food, drug, or cosmetic establishment.
(q) The term "pesticide chemical" means any substance which, alone,in chemical combination, or in formulation with one or more othersubstances is an "economic poison" within the meaning of theagricultural chemicals act, K.S.A. 2-2202 as now enacted or as hereafteramended, and which is used in the production, storage, or transportationof raw agricultural commodities.
(r) The term "raw agricultural commodity" means any food in its rawor natural state, including all fruits that are washed, colored, orotherwise treated in their unpeeled natural form prior to marketing.
(s) The term "food additive" means any substance, the intended useof which results or may be reasonably expected to result, directly orindirectly, in its becoming a component or otherwise affecting thecharacteristics of any food (including any substance intended for use inproducing, manufacturing, packing, processing, preparing, treating,packaging, transporting, or holding food; and including any source ofradiation intended for any such use), if such substance is not generallyrecognized, among experts qualified by scientific training andexperience to evaluate its safety, as having been adequately shownthrough scientific procedures (or, in the case of a substance used in afood prior to January 1, 1958, through either scientific procedures orexperience based on common use in food) to be safe under the conditionsof its intended use; except that such term does not include: (1) Apesticide chemical in or on a raw agricultural commodity; or (2) apesticide chemical to the extent that it is intended for use or is usedin the production, storage, or transportation of any raw agriculturalcommodity; or (3) a color additive; or (4) any substance used inaccordance with a sanction or approval granted prior to the enactment ofthe food additive amendment of 1958, pursuant to the federal act.
(t) (1) The term "color additive" means a material which -- (A) isa dye, pigment, or other substance made by a process of synthesis orsimilar artifice, or extracted, isolated, or otherwise derived, with orwithout intermediate or final change of identity from a vegetable,animal, mineral, or other source, or (B) when added or applied to afood, drug, or cosmetic, or to the human body or any part thereof, iscapable (alone or through reaction with another substance) of impartingcolor thereto; except that such term does not include any material whichhas been or hereafter is exempted under the federal act. (2) The term"color" includes black, white and intermediate grays. (3) Nothing inclause (1) (t) shall be construed to apply to any pesticide chemical,soil or plant nutrient, or other agricultural chemical solely because ofits effect in aiding, retarding, or otherwise affecting, directly orindirectly the growth or other natural physiological process of produceof the soil and thereby affecting its color, whether before or afterharvest.
(u) The term "imitation" shall mean any article made in thesemblance of another, consisting of similar or dissimilar ingredientsand being capable of being substituted for the imitated article withoutthe knowledge of the consumer.
(v) The term "federal act" means the federal food, drug and cosmeticact (title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).
History: L. 1953, ch. 286, § 2; L. 1965, ch. 377, § 1; L. 1967,ch. 338, § 1;L. 1974, ch. 352, § 97; L. 1978, ch. 239, § 13; July 1.
