Section 26-3-2. Definitions

   As used in this chapter, the term:

   (1) "Advertisement" means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics.

   (2) "Board" means the State Board of Pharmacy.

   (3) "Contaminated with filth" applies to any drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contamination.

   (4) "Cosmetic" means:

      (A) Articles intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

      (B) Articles intended for use as a component of any such articles, except that such term shall not include soap.

   (5) "Device" (except when used in paragraph (10) of Code Section 26-3-3, paragraph (3) of Code Section 26-3-8, paragraph (3) of Code Section 26-3-12, and Code Section 26-3-14) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:

      (A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; or

      (B) To affect the structure or any function of the body of man.

   (6) "Drug" means:

      (A) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

      (B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;

      (C) Articles other than food intended to affect the structure or any function of the body of man;

      (D) Articles intended for use as a component of any article specified in subparagraph (A), (B), or (C), but does not include devices or their components, parts, or accessories.

   (7) "Federal act" means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq.; 52 Stat. 1040, et seq.).

   (8) "Immediate container" does not include package liners.

   (9) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on or is easily legible through any existing outside container or wrapper.

   (10) "Labeling" means all labels and other written, printed, or graphic matters:

      (A) Upon an article or any of its containers or wrappers; or

      (B) Accompanying such article.

   (11) "New drug" means:

      (A) Any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or

      (B) Any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not been used to a material extent or for a material time under such conditions other than in such investigations.

   (12) "Official compendium" means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

   (13) "Person" means an individual, partnership, corporation, company, or association.

Ga. L. 1961, p. 529, § 2; Code 1933, § 79A-1002, enacted by Ga. L. 1967, p. 296, § 1; Ga. L. 1982, p. 3, § 26; Ga. L. 2003, p. 140, § 26.