[Rev. 2/11/2015 11:28:12
AM--2014R2]
TITLE 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS;
WEIGHTS AND MEASURES; MARKETING
CHAPTER 581 - WEIGHTS AND MEASURES
GENERAL PROVISIONS
NRS 581.001 Definitions.
NRS 581.002 “Bulk
sale” defined.
NRS 581.0025 “Commercial
weighing and measuring equipment” defined.
NRS 581.003 “Correct”
defined.
NRS 581.0045 “Division”
defined.
NRS 581.007 “Net
mass” and “net weight” defined.
NRS 581.010 “Package”
defined.
NRS 581.012 “Primary
standards” defined.
NRS 581.014 “Random
weight package” defined.
NRS 581.016 “Secondary
standards” defined.
NRS 581.018 “Standard
package” defined.
NRS 581.021 “Weight”
defined.
NRS 581.022 “Weights
and measures” defined.
STATE SEALER OF CONSUMER EQUITABILITY
NRS 581.030 Director
of State Department of Agriculture ex officio State Sealer of Consumer
Equitability; enforcement of chapter.
NRS 581.050 General
authority to adopt regulations.
NRS 581.057 Enforcement
of chapter: Entry into commercial premises; stop-use, hold and removal orders;
seizure of property; inspection of vehicles.
NRS 581.059 Enforcement
of chapter: Authority to obtain restraining order or temporary or permanent
injunction.
NRS 581.065 Duties:
Proper use of weights and measures used in commercial services; prevention of
unfair and deceptive dealing; availability of facilities of Division; promotion
of uniformity with laws of other states and federal agencies; ensurance of
equity between buyers and sellers.
NRS 581.067 Duties:
Standards for weights and measures; exemptions; investigations; inspections,
tests and approval of weights and measures; terms and units of weights and
measures; provision of training for governmental employees; determination of
accuracy of prices.
NRS 581.075 Fees.
REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR
MEASURING DEVICES
NRS 581.103 Registration
required. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 581.103 Registration
required. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 581.1032 Payment
of child support: Statement by applicant for certificate of registration;
grounds for denial of certificate; duty of State Sealer of Consumer
Equitability. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
NRS 581.1034 Suspension
of certificate of registration for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of certificate. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 581.1036 Renewal
of certificate of registration: Requirements; duties of State Sealer of
Consumer Equitability; grounds for denial of renewal.
PACKAGING
NRS 581.304 Requirements
for random weight packages and standard packages; exemptions.
NRS 581.306 Additional
requirements for random weight packages of same commodity.
NRS 581.315 Requirements
for packaged commodity that is advertised with retail price stated.
NRS 581.320 Fluid
dairy products: Packages for retail sale; marking of containers.
SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT
NRS 581.365 Standards
for determining quantity of commodities in liquid form and commodities not in
liquid form; provision of information necessary to make price and quantity
comparisons.
NRS 581.375 Misrepresentation
of quantity prohibited.
NRS 581.377 Misrepresentation
of price prohibited.
NRS 581.385 Delivery
ticket required for certain bulk sales and bulk deliveries; contents of
delivery ticket.
NRS 581.395 Rebuttable
presumption that weight or measure, or weighing or measuring device is
regularly used for business purposes.
UNLAWFUL ACTS AND PENALTIES
NRS 581.415 Prohibited
acts; civil penalty.
NRS 581.417 Civil
penalties: Administrative appeal; judicial review; payment; civil action for
recovery; deposit in State General Fund.
NRS 581.445 Criminal
penalties.
_________
GENERAL PROVISIONS
NRS 581.001 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 581.002 to 581.022, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 633; A 1981, 335; 1985, 529; 2003, 2319)
NRS 581.002 “Bulk sale” defined. “Bulk
sale” means the sale of commodities when the quantity is determined at the time
of sale.
(Added to NRS by 2003, 2313)
NRS 581.0025 “Commercial weighing and measuring equipment” defined. “Commercial weighing and measuring equipment”
means weights and measures, and weighing and measuring devices, used
commercially in:
1. Establishing the size, quantity,
extent, area or measurement of quantities, things, produce or articles for
distribution or consumption, purchase, offer or submission for sale, hire or
award; or
2. Computing any basic charge or payment
for services rendered on the basis of weight or measure.
(Added to NRS by 2003, 2313)
NRS 581.003 “Correct” defined. “Correct”
means in conformance with all applicable requirements of this chapter and the
regulations adopted pursuant thereto.
(Added to NRS by 1969, 633; A 2003, 2319)
NRS 581.0045 “Division” defined. “Division”
means the Division of Consumer Equitability of the State Department of
Agriculture.
(Added to NRS by 2003, 2313; A 2013, 2472)
NRS 581.007 “Net mass” and “net weight” defined. “Net
mass” or “net weight” means the mass or weight of a commodity, excluding any
materials, substances or items not considered to be part of the commodity. The
terms do not include materials, substances or any other items not considered to
be a part of the commodity, including, without limitation, containers,
conveyances, bags, wrappers, packaging materials, labels, individual piece
coverings, decorative accompaniments and coupons, except that, depending on the
service to be rendered, shipping and packaging material may be included in the
weight of the package.
(Added to NRS by 2003, 2313)
NRS 581.010 “Package” defined.
1. “Package” means any commodity, whether
in a standard package or random weight package:
(a) Enclosed in a container or wrapped in any
manner in advance of wholesale or retail sale; or
(b) Whose weight or measure has been determined
in advance of wholesale or retail sale.
2. The term includes an individual item or
lot of any commodity on which there is marked a selling price based on an
established price per unit of weight or measure.
[Part 27:169:1945; 1943 NCL § 8335.27]—(NRS A 1961,
561; 1969, 634; 2003,
2319)
NRS 581.012 “Primary standards” defined. “Primary
standards” means the physical standards of the State of Nevada that serve as
the legal reference from which all other standards for weights and measures are
derived.
(Added to NRS by 2003, 2314)
NRS 581.014 “Random weight package” defined. “Random
weight package” means a package that is one package of a lot, shipment or
delivery of packages of the same commodity with no fixed pattern of weights.
(Added to NRS by 2003, 2314)
NRS 581.016 “Secondary standards” defined. “Secondary
standards” means the physical standards that are traceable to the primary
standards through comparisons or by using acceptable laboratory procedures, and
that are used in the enforcement of statutes and regulations relating to
weights and measures.
(Added to NRS by 2003, 2314)
NRS 581.018 “Standard package” defined. “Standard
package” means a package that is one of a lot, shipment or delivery of packages
of the same commodity with declarations of identical net contents, including,
without limitation, 1-liter bottles or 12-fluid-ounce cans of carbonated soda,
500-gram or 5-pound bags of sugar, or 100-meter or 300-foot packages of rope.
(Added to NRS by 2003, 2314)
NRS 581.021 “Weight” defined. “Weight”
means:
1. Net weight; or
2. If the commodity is sold by drained
weight, net drained wet.
(Added to NRS by 2003, 2314)
NRS 581.022 “Weights and measures” defined. “Weights
and measures” means all weights and measures of every kind, and includes,
without limitation, instruments and devices for weighing and measuring, and
appliances and accessories associated with such instruments and devices.
(Added to NRS by 2003, 2314)
STATE SEALER OF CONSUMER EQUITABILITY
NRS 581.030 Director of State Department of Agriculture ex officio State
Sealer of Consumer Equitability; enforcement of chapter. The Director of the State Department of
Agriculture, as ex officio State Sealer of Consumer Equitability, shall enforce
the provisions of this chapter.
[Part 19:169:1945; 1943 NCL § 8335.19]—(NRS A 1959,
618; 1961, 561; 1993,
1773; 1999,
3715; 2003,
2319; 2013,
2472)
NRS 581.050 General authority to adopt regulations.
1. The State Sealer of Consumer
Equitability may:
(a) Adopt regulations necessary to carry out the
provisions of this chapter.
(b) Ensure that those regulations comply, insofar
as practicable, with the specifications, tolerances and regulations recommended
by the National Institute of Standards and Technologies.
(c) Adopt regulations for the submission for
approval of types and designs of weights and measures and commercial weighing
and measuring equipment.
2. The State Sealer of Consumer
Equitability shall adopt regulations which prescribe the:
(a) Standards for weighing and measuring devices;
(b) Requirements for the issuance of a
certificate of registration pursuant to NRS 581.103;
and
(c) Standards for the equipment used to repair or
adjust weighing or measuring devices.
[26:169:1945; 1943 NCL § 8335.26]—(NRS A 1960, 36; 1995, 243; 2003, 2319; 2013, 2472)
NRS 581.057 Enforcement of chapter: Entry into commercial premises;
stop-use, hold and removal orders; seizure of property; inspection of vehicles. The State Sealer of Consumer Equitability may,
if necessary for the enforcement of this chapter and any regulations adopted
pursuant thereto:
1. Enter any commercial premises during
normal business hours upon presenting his or her credentials.
2. Issue stop-use, hold and removal orders
for any weights and measures commercially used, and issue stop-sale, hold and
removal orders for any packaged commodities or bulk sale commodities that are
kept, offered or exposed for sale.
3. Seize, for use as evidence, without
formal warrant, any incorrect or unapproved weight, measure, package or
commodity found to be used, retained, offered or exposed for sale, or sold in
violation of any provision of this chapter or any regulation adopted pursuant
thereto.
4. Stop any commercial vehicle and, after
presentation of his or her credentials, inspect the contents of the vehicle,
require the person in charge of the vehicle to produce any documents in the
person’s possession concerning the contents of the vehicle, and require that
person to proceed with the vehicle to some specified place for inspection.
(Added to NRS by 2003, 2316; A 2013, 2473)
NRS 581.059 Enforcement of chapter: Authority to obtain restraining order or
temporary or permanent injunction. The
State Sealer of Consumer Equitability may apply to any court of competent
jurisdiction for a restraining order, temporary or permanent injunction,
restraining a person from violating any provision of this chapter or any
regulation adopted pursuant thereto.
(Added to NRS by 2003, 2319; A 2013, 2473)
NRS 581.065 Duties: Proper use of weights and measures used in commercial
services; prevention of unfair and deceptive dealing; availability of
facilities of Division; promotion of uniformity with laws of other states and
federal agencies; ensurance of equity between buyers and sellers. The State Sealer of Consumer Equitability
shall:
1. Ensure that weights and measures used
in commercial services within this state are suitable for their intended use,
are properly installed and accurate, and are so maintained by their owner or
user.
2. Prevent unfair or deceptive dealing by
weight or measure in any commodity or service advertised, packaged, sold or
purchased within this state.
3. Make available to all users of physical
standards, or of weighing and measuring equipment, the precision calibration
and related metrological certification capabilities of the facilities of the
Division.
4. Promote uniformity, to the extent
practicable and desirable, between the requirements relating to weights and
measures of this state and similar requirements of other states and federal
agencies.
5. Adopt regulations establishing such
requirements relating to weights and measures as are necessary to ensure equity
between buyers and sellers, and thereby encourage desirable economic growth
while protecting consumers.
(Added to NRS by 2003, 2314; A 2013, 2473)
NRS 581.067 Duties: Standards for weights and measures; exemptions;
investigations; inspections, tests and approval of weights and measures; terms
and units of weights and measures; provision of training for governmental
employees; determination of accuracy of prices. The
State Sealer of Consumer Equitability shall:
1. Adopt regulations establishing such
primary standards and secondary standards for weights and measures for use in
this State as the State Sealer of Consumer Equitability determines appropriate.
2. Maintain traceability of the state
standards to the national standards of the National Institute of Standards and
Technology.
3. Enforce the provisions of this chapter.
4. Adopt other reasonable regulations for
the enforcement of this chapter.
5. Establish requirements for:
(a) Labeling;
(b) The presentation of information relating to
cost per unit;
(c) Standards of weight, measure or count, and
reasonable standards of fill, for any packaged commodity; and
(d) Information relating to open dating of
packaged food.
6. Grant such exemptions from the
provisions of this chapter or any regulations adopted pursuant thereto as the
State Sealer of Consumer Equitability determines appropriate to the maintenance
of good commercial practices within this State.
7. Conduct investigations to ensure
compliance with this chapter.
8. Delegate to appropriate personnel any
of the responsibilities of the Division as needed for the proper administration
of the Division.
9. Adopt regulations establishing a
schedule of civil penalties for any violation of NRS
581.415.
10. Inspect and test commercial weights
and measures that are kept, offered or exposed for sale.
11. Inspect and test, to ascertain if they
are correct, weights and measures that are commercially used to:
(a) Determine the weight, measure or count of
commodities or things that are sold, or offered or exposed for sale, on the
basis of weight, measure or count; or
(b) Compute the basic charge or payment for
services rendered on the basis of weight, measure or count.
12. Test all weights and measures used in
checking the receipt or disbursement of supplies by entities funded by
legislative appropriations.
13. Approve for use such commercial
weights and measures as the State Sealer of Consumer Equitability determines
are correct and appropriate. The State Sealer of Consumer Equitability may mark
such commercial weights and measures. The State Sealer of Consumer Equitability
shall reject and order to be corrected, replaced or removed any commercial
weights and measures found to be incorrect. Weights and measures that have been
rejected may be seized if they are not corrected within the time specified or
if they are used or disposed of in a manner not specifically authorized. The
State Sealer of Consumer Equitability shall remove from service and may seize
weights and measures found to be incorrect that are not capable of being made
correct.
14. Weigh, measure or inspect packaged
commodities that are kept, offered or exposed for sale, sold or in the process
of delivery to determine whether the packaged commodities contain the amounts
represented and whether they are kept, offered or exposed for sale in
accordance with this chapter or the regulations adopted pursuant thereto. In
carrying out the provisions of this subsection, the State Sealer of Consumer
Equitability shall employ recognized sampling procedures, including, without
limitation, sampling procedures adopted by the National Conference on Weights
and Measures.
15. Adopt regulations prescribing the
appropriate term or unit of weight or measure to be used whenever the State
Sealer of Consumer Equitability determines that an existing practice of
declaring the quantity of a commodity, or of setting charges for a service by
weight, measure, numerical count or time, or any combination thereof, does not
facilitate value comparisons by consumers or may confuse consumers.
16. Allow reasonable variations from the
stated quantity of contents that entered intrastate commerce, which must
include those variations caused by loss or gain of moisture during the course
of good distribution practices or by unavoidable deviations in good
manufacturing practices.
17. Provide for the training of persons
employed by any governmental entity within this State, including, without
limitation, state, county and municipal personnel, who enforce the provisions
of this chapter and chapter 582 of NRS, and
any regulations adopted pursuant thereto, relating to weights and measures. The
State Sealer of Consumer Equitability may establish by regulation minimum
training and performance requirements which must be met by all such persons.
18. Verify advertised prices, price
representations and point-of-sale systems, as necessary, to determine the
accuracy of prices and computations and the correct use of the equipment, and,
if such systems utilize scanning or coding means in lieu of manual entry, the
accuracy of prices printed or recalled from a database. In carrying out the
provisions of this subsection, the State Sealer of Consumer Equitability shall:
(a) Employ recognized procedures for making such
verifications and determinations of accuracy, including, without limitation,
any appropriate procedures designated by the National Institute of Standards
and Technology;
(b) Adopt regulations and issue orders regarding
standards for the accuracy of advertised prices and automated systems for retail
price charging, or point-of-sale systems, and for the enforcement of those
standards; and
(c) Conduct investigations to ensure compliance
with those standards.
(Added to NRS by 2003, 2314; A 2013, 2473)
NRS 581.075 Fees. The State
Sealer of Consumer Equitability may establish:
1. A schedule of fees for any tests of
weighing and measuring devices that the State Sealer of Consumer Equitability
determines to be necessary.
2. An annual fee for the issuance of a
certificate of registration pursuant to NRS 581.103.
3. An annual license fee for all
commercial weighing and measuring equipment.
(Added to NRS by 1960, 36; A 1983, 1102; 1995, 244; 2003, 2320; 2013, 2475)
REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR
MEASURING DEVICES
NRS 581.103 Registration required. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. Any person who wishes to make any
repair or adjustment, for hire, to a weighing or measuring device must submit
to the State Sealer of Consumer Equitability:
(a) An application for a certificate of
registration on a form provided by the State Sealer of Consumer Equitability;
(b) The statement required pursuant to NRS 581.1032;
(c) The annual fee prescribed by regulation
pursuant to subsection 2 of NRS 581.075; and
(d) Such other information required by the State
Sealer of Consumer Equitability.
2. An application for a certificate of
registration must include the social security number of the applicant.
(Added to NRS by 1960, 36; A 1967, 201; 1995, 244; 1997, 2013, 2097; 1999, 520; 2003, 2320; 2013, 2475)
NRS 581.103 Registration required.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.] Any
person who wishes to make any repair or adjustment, for hire, to a weighing or
measuring device must submit to the State Sealer of Consumer Equitability:
1. An application for a certificate of
registration on a form provided by the State Sealer of Consumer Equitability;
2. The annual fee prescribed by regulation
pursuant to subsection 2 of NRS 581.075; and
3. Such other information required by the
State Sealer of Consumer Equitability.
(Added to NRS by 1960, 36; A 1967, 201; 1995, 244; 1997, 2013, 2097; 1999, 520; 2003, 2320; 2013, 2475,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 581.1032 Payment of child support: Statement by applicant for certificate
of registration; grounds for denial of certificate; duty of State Sealer of
Consumer Equitability. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of a certificate of registration pursuant to NRS
581.103 shall submit to the State Sealer of Consumer Equitability the
statement prescribed by the Division of Welfare and Supportive Services of the
Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The State Sealer of Consumer
Equitability shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate of registration; or
(b) A separate form prescribed by the State
Sealer of Consumer Equitability.
3. A certificate of registration may not
be issued or renewed by the State Sealer of Consumer Equitability pursuant to NRS 581.103 if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Sealer of Consumer Equitability shall advise the applicant to contact the
district attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2096; A 2013, 2476)
NRS 581.1034 Suspension of certificate of registration for failure to pay
child support or comply with certain subpoenas or warrants; reinstatement of
certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. If the State Sealer of Consumer
Equitability receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a certificate
of registration issued pursuant to NRS 581.103, the
State Sealer of Consumer Equitability shall deem the certificate of
registration issued to that person to be suspended at the end of the 30th day
after the date on which the court order was issued unless the State Sealer of
Consumer Equitability receives a letter issued to the holder of the certificate
of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate of registration has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The State Sealer of Consumer
Equitability shall reinstate a certificate of registration issued pursuant to NRS 581.103 that has been suspended by a district
court pursuant to NRS 425.540 if the
State Sealer of Consumer Equitability receives a letter issued by the district
attorney or other public agency pursuant to NRS
425.550 to the person whose certificate of registration was suspended
stating that the person whose certificate of registration was suspended has
complied with the subpoena or warrant or has satisfied the arrearage pursuant
to NRS 425.560.
(Added to NRS by 1997, 2096; A 2013, 2476)
NRS 581.1036 Renewal of certificate of registration: Requirements; duties of
State Sealer of Consumer Equitability; grounds for denial of renewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a certificate of
registration pursuant to NRS 581.103 must indicate
in the application submitted to the State Sealer of Consumer Equitability
whether the applicant has a state business license. If the applicant has a
state business license, the applicant must include in the application the state
business license number assigned by the Secretary of State upon compliance with
the provisions of chapter 76 of NRS.
2. A certificate of registration may not
be renewed by the State Sealer of Consumer Equitability if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the State
Sealer of Consumer Equitability pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a
debt to an agency that has been assigned to the State Controller for collection
and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2739)
PACKAGING
NRS 581.304 Requirements for random weight packages and standard packages;
exemptions.
1. Except as otherwise provided in this
chapter, any random weight package or standard package kept, offered or exposed
for sale, must bear on the outside of the package a definite, plain and
conspicuous declaration of:
(a) The identity of the commodity in the package,
unless the commodity is a food, other than meat or poultry, that was repackaged
in a retail establishment and displayed to the purchaser where:
(1) The interstate labeling for the
repackaged food is clearly in view or the food has a counter card, sign or
other appropriate device bearing prominently and conspicuously the common or
usual name of the food; or
(2) The common or usual name of the food
is clearly revealed by its appearance;
(b) The quantity of contents of the package, in
terms of weight, measure or count; and
(c) If the package is kept, offered or exposed for
sale, or sold, in any place other than on the premises where packed, the name
and place of business of the manufacturer, packer or distributor.
2. The State Sealer of Consumer
Equitability may exempt any type of random weight package or standard package,
or commodity from the provisions of this section by regulation.
(Added to NRS by 2003, 2317; A 2013, 2477)
NRS 581.306 Additional requirements for random weight packages of same
commodity. In addition to the
declarations required by NRS 581.304, each random
weight package of the same commodity must, at the time such packages are
offered or exposed for sale at retail, bear on the outside of the package a
plain and conspicuous declaration of the price per kilogram or pound and the
total selling price of the package.
(Added to NRS by 2003, 2317)
NRS 581.315 Requirements for packaged commodity that is advertised with
retail price stated. If a packaged
commodity is advertised in any manner with the retail price stated, a
declaration of quantity as required by this chapter or any regulation adopted
pursuant thereto must appear on the package in such a manner as to be closely
and conspicuously associated with the retail price of the packaged commodity.
(Added to NRS by 2003, 2318)
NRS 581.320 Fluid dairy products: Packages for retail sale; marking of
containers.
1. All fluid dairy products must be
packaged for retail sale in:
(a) Units of 1 gill or less, one-half liquid
pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid
quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1
gallon; or
(b) Such other amounts as are approved, jointly,
by the State Dairy Commission and the State Sealer of Consumer Equitability.
2. Each container used for the sale of
such products must:
(a) Be marked with its capacity;
(b) Be marked with the name, initial or trademark
of the manufacturer;
(c) Be marked with such other information as
required by the State Dairy Commission and the State Sealer of Consumer
Equitability; and
(d) If the fluid dairy product is packaged for
retail sale in an amount other than a unit of measure listed in paragraph (a)
of subsection 1, be marked with its capacity in fluid ounces and a comparison
of that quantity with the unit of measure that is closest in volume in
sufficient size and prominence to inform the public of the difference in
volume.
3. This section does not apply to eating
establishments serving milk in glasses with meals.
[10:169:1945; 1943 NCL § 8335.09]—(NRS A 1960, 36;
1969, 636; 1971, 365; 1975, 362; 1999, 3168; 2013, 2477)
SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR
COUNT
NRS 581.365 Standards for determining quantity of commodities in liquid form
and commodities not in liquid form; provision of information necessary to make
price and quantity comparisons.
1. Except as otherwise provided by
regulation or order of the State Sealer of Consumer Equitability or by
established trade custom and practice recognized by regulation or order of the
State Sealer of Consumer Equitability:
(a) Commodities in liquid form must be sold by
liquid measure or by weight; and
(b) Commodities not in liquid form must be sold
by weight, by measure or by count.
2. The method of sale of a commodity must
provide such accurate and adequate information concerning quantity as will
enable the buyer to make price and quantity comparisons.
(Added to NRS by 2003, 2317; A 2013, 2478)
NRS 581.375 Misrepresentation of quantity prohibited. A person shall not:
1. Sell or offer or expose for sale a
quantity less than the quantity represented;
2. Take more than the quantity represented
when, as a buyer, the person furnishes the weight or measure by which the
quantity is determined; or
3. Represent the quantity in any manner
calculated or tending to mislead, or in any way to deceive, another person.
(Added to NRS by 2003, 2316)
NRS 581.377 Misrepresentation of price prohibited. A
person shall not:
1. Misrepresent the price of any commodity
or service sold, or offered, exposed or advertised for sale, by weight, measure
or count; or
2. Misrepresent the price of such a
commodity or service in any manner calculated or tending to mislead or in any
way to deceive a person.
(Added to NRS by 2003, 2316)
NRS 581.385 Delivery ticket required for certain bulk sales and bulk
deliveries; contents of delivery ticket. All
bulk sales in which the buyer and seller are not both present to witness the
measurement, all bulk deliveries of heating fuel and all other bulk sales
specified by regulation of the State Sealer of Consumer Equitability must be
accompanied by a delivery ticket containing:
1. The name and address of the buyer and
seller;
2. The date delivered;
3. The quantity delivered and the quantity
upon which the price is based, if the quantity upon which the price is based
differs from the quantity delivered;
4. The unit price, unless otherwise agreed
upon by both the buyer and seller;
5. The identity of the commodity, in the
most descriptive terms commercially practicable, including any representation
about the quality of the commodity made in connection with the sale; and
6. Where commodities are bought from bulk
but delivered in packages, the count of individually wrapped packages if more
than one individually wrapped package is being sold.
(Added to NRS by 2003, 2317; A 2013, 2478)
NRS 581.395 Rebuttable presumption that weight or measure, or weighing or
measuring device is regularly used for business purposes. The presence of a weight or measure, or
weighing or measuring device in or about any place in which or from which
buying or selling is commonly carried on, creates a rebuttable presumption that
the weight or measure, or weighing or measuring device is regularly used for
the business purposes of that place.
(Added to NRS by 2003, 2319)
UNLAWFUL ACTS AND PENALTIES
NRS 581.415 Prohibited acts; civil penalty.
1. A person shall not:
(a) Use in commerce, or have in his or her
possession for use in commerce, any incorrect weight or measure;
(b) Sell or offer for sale for use in commerce
any incorrect weight or measure;
(c) Remove any tag, seal or mark from any weight
or measure without specific written authorization from the proper authority;
(d) Hinder or obstruct any inspector of the
Division in the performance of the inspector’s duties; or
(e) Violate any provisions of this chapter or any
regulation adopted pursuant thereto.
2. A person who violates any provision of
this section is, in addition to any criminal penalty that may be imposed,
subject to a civil penalty in accordance with the schedule of civil penalties
established by the State Sealer of Consumer Equitability pursuant to subsection
9 of NRS 581.067.
(Added to NRS by 2003, 2318; A 2013, 2478)
NRS 581.417 Civil penalties: Administrative appeal; judicial review;
payment; civil action for recovery; deposit in State General Fund.
1. A person subject to a civil penalty may
request an administrative hearing within 10 days after receipt of the notice of
the civil penalty. The State Sealer of Consumer Equitability or a designee
shall conduct the hearing after giving appropriate notice to the respondent.
The decision of the State Sealer of Consumer Equitability or the designee is
subject to appropriate judicial review.
2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:
(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40
days after the final decision of the State Sealer of Consumer Equitability; or
(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the
civil penalty is upheld, within 10 days after the effective date of the final
decision of the court.
3. If the respondent fails to pay the
penalty, a civil action may be brought by the State Sealer of Consumer
Equitability in any court of competent jurisdiction to recover the civil
penalty. All civil penalties collected pursuant to this chapter must be
deposited with the State Treasurer for credit to the State General Fund.
(Added to NRS by 2003, 2318; A 2013, 2478)
NRS 581.445 Criminal penalties.
1. Except as otherwise provided in
subsection 2, a person who violates any provision of NRS
581.415 is guilty of a gross misdemeanor and shall be punished:
(a) For the first offense, by imprisonment in the
county jail for not more than 6 months, or by a fine of not less than $500 or
more than $2,000, or by both fine and imprisonment.
(b) For a second or subsequent offense, by
imprisonment in the county jail for not more than 364 days, or by a fine of not
less than $2,000 or more than $5,000, or by both fine and imprisonment.
2. A person who:
(a) Intentionally violates any provision of this
chapter or any regulation adopted pursuant thereto;
(b) Is convicted pursuant to subsection 1 more
than three times in a 2-year period; or
(c) Uses or has in his or her possession any
device which has been altered to facilitate fraud,
Ê is guilty of
a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2003, 2318; A 2013, 989)
