§ 35-7-110 — Definitions

(a) As used in this act:
(i) "Advertisement" means all representations
disseminated in any manner or by any means, other than by
labeling, for the purpose of inducing the purchase of food,
drugs, devices or cosmetics;
(ii) "Color" includes black, white and intermediate
grays;
(iii) "Color additive" means a material, other than a
material exempt under the federal act, which:
(A) Is a dye, pigment or other substance from a
vegetable, animal, mineral or other source; or
(B) When added or applied to a food, drug or
cosmetic, or to the human body or any part thereof, is capable
(alone or through reaction with other substance) of imparting
color thereto.
(iv) "Consumer commodity" means any food, drug,
device or cosmetic as those terms are defined by this act or by
the federal act;
(v) "Cosmetic" means articles other than soap which
are:
(A) Intended to be rubbed, poured, sprinkled or
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) Intended for use as a component of any
articles under subparagraph (A) of this paragraph.
(vi) "Counterfeit drug" means a drug which, or the
container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint or
device, or any likeness therefor, of a drug manufacturer,
processor, packer or distributor other than the person who in
fact manufactured, processed, packed or distributed the drug and
which thereby falsely purports or is represented to be the
product of, or to have been packed or distributed by, the other
drug manufacturer, processor, packer or distributor;
(vii) "Department" means the department of
agriculture;
(viii) "Device" 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 other animals; or
(B) To affect the structure or any function of
the body of man or other animals.
(ix) "Director" means the director of the Wyoming
department of agriculture or his duly authorized representative;
(x) "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; and
(B) Articles intended for use in the diagnosis,
cure, mitigation, treatment or prevention of disease in man or
other animals; and
(C) Articles (other than food) intended to
affect the structure or any function of the body of man or other
animals; and
(D) Articles intended for use as a component of
any article specified in subparagraph (A), (B) or (C) of this
paragraph but does not include devices or their components,
parts or accessories.
(xi) "Establishment" means and includes any place or
any area of any establishment in which foods, drugs, devices and
cosmetics are displayed for sale, manufactured, processed,
packed, held or stored. "Establishment" does not include a home
kitchen where food is prepared and stored for family
consumption, or any other place equipped for the preparation,
consumption and storage of food on the premise by employees or
nonpaying guests;
(xii) "Federal act" means the Federal Food, Drug, and
Cosmetic Act, as amended, (Title 21 U.S.C. § 301 et seq.) and
regulations promulgated under the act;
(xiii) "Food" means:
(A) Articles used for food or drink for humans
including meat and ice intended for human consumption;
(B) Chewing gum;
(C) Beverages subject to the Federal Alcohol
Administration Act, as amended, (Title 27 U.S.C. § 201 et seq.);
(D) Articles used for components of any article
under subparagraphs (A), (B) and (C) of this paragraph.
(xiv) "Food additive" means any substance the
intended use of which results or may be reasonably expected to
result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food within the
meaning of the federal act;
(xv) An "imitation food" is any food which is in
physical characteristics such as taste, flavor, color, texture
or appearance which resembles or purports to be or is
represented as a food for which a definition and standard of
identity has been prescribed and does not conform to such
standard;
(xvi) "Immediate container" does not include package
liners;
(xvii) "Label" means a display of written, printed or
graphic matter upon the immediate container of any article. A
requirement made by or under this act that any word, statement
or other information appear on the label shall not be considered
to be complied with unless the word, statement or other
information also appears on the outside container or wrapper, if
there is any, of the retail package of the article, or is easily
legible through the outside container or wrapper;
(xviii) "Labeling" means all labels and other
written, printed or graphic matter upon an article or any of its
containers or wrappers, or accompanying the article;
(xix) "Local board of health" means a county or city
board of health established pursuant to W.S. 35-1-301 et seq.;
(xx) "Local health department" means a health
department established by a county, municipality or district
pursuant to W.S. 35-1-301 et seq.;
(xxi) "New drug" means any drug considered to be a
new drug under the federal act;
(xxii) "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;
(xxiii) "Package" means any container or wrapping in
which any consumer commodity is enclosed for use in the delivery
or display of that consumer commodity to retail purchasers as
interpreted by the federal act;
(xxiv) "Pesticide chemical" means any substance
which, alone, in chemical combination, or in formulation with
one (1) or more other substances is an "economic poison" within
the meaning of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. §§ 136 through 136y) which is used in
the production, storage or transportation of raw agricultural
commodities;
(xxv) "Principal display panel" means that part of a
label that is most likely to be displayed, presented, shown or
examined under normal and customary conditions of display for
retail sale;
(xxvi) "Raw agricultural commodity" means any food in
its raw or natural state, including all fruits that are washed,
colored or otherwise treated in their unpeeled natural form
prior to marketing;
(xxvii) "Regulatory authority" means the authority
which issued the license or promulgated the rule or regulation
being enforced including the department of agriculture or local
health department;
(xxviii) "Farmers market" means a common facility or
area where several vendors may gather on a regular, recurring
basis to sell a variety of fresh fruits and vegetables, locally
grown farm products and other items directly to consumers;
(xxix) "Function" means any official ceremony or
organized social occasion;
(xxx) "Not potentially hazardous food" means any food
which does not require time or temperature control for safety to
limit pathogenic microorganism growth or toxin formation. The
natural pH or the final pH of acidified food must be 4.6 or
less;
(xxxi) "Commercial food establishment" means and
includes any place or any area of any establishment that is a
wholesale or retail business where foods, drugs, devices and
cosmetics are displayed for sale, manufactured, processed,
packed, held or stored. "Commercial food establishment" shall
not include:
(A) Any farmers market;
(B) Any producer or informed consumer engaged in
transactions pursuant to W.S. 11-49-103; or
(C) Any retail space selling homemade food that
is separate from a commercial food establishment in accordance
with rules and regulations adopted by the department pursuant to
W.S. 11-49-103(d).
(xxxii) "This act" means W.S. 35-7-109 through 35-7-
126.