Section 109925.  


Latest version.
  • "Drug" means any of the following:

    (a)  Any article recognized in an official compendium.

    (b)  Any article used or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or any other animal.

    (c)  Any article other than food, that is used or intended to affect the structure or any function of the body of human beings or any other animal.

    (d)  Any article used or intended for use as a component of any article designated in subdivision (a), (b), or (c) of this section.

    The term "drug" does not include any device.

    Any food for which a claim (as described in Sections 403(r)(1)(B) (21 U.S.C. Sec. 343(r)(1)(B)) and 403(r)(3) (21 U.S.C. Sec. 343(r)(3)) or Sections 403(r)(1)(B) (21 U.S.C. Sec. 343(r)(1)(B)) and 403(r)(5)(D) (21 U.S.C. Sec. 343(r)(5)(D)) of the federal act), is made in accordance with the requirements set forth in Section 403(r) (21 U.S.C. Sec. 343(r)) of the federal act, is not a drug under subdivision (b) solely because the label or labeling contains such a claim.

(Amended by Stats. 2000, Ch. 796, Sec. 2. Effective January 1, 2001.)