[Rev. 2/11/2015 11:28:28
AM--2014R2]
CHAPTER 584 - DAIRY PRODUCTS AND
SUBSTITUTES
GENERAL PROVISIONS
NRS 584.001 Definitions.
NRS 584.005 “Commission”
defined.
NRS 584.006 “Dairy
foods manufacturing plant” defined.
NRS 584.007 “Milk
processing plant” defined.
NRS 584.009 “Single-service
plant” defined.
STATE DAIRY COMMISSION
NRS 584.031 Creation;
number of members.
NRS 584.033 Members:
Appointment; qualifications; Chair; connection with dairy industry prohibited;
removal.
NRS 584.037 Governor
may remove member for absence from two consecutive meetings.
NRS 584.039 Meetings;
hearings; quorum; employment of attorney.
NRS 584.041 Compensation
of members and employees; authority of Commission.
NRS 584.043 Manager
of Operations of Commission.
NRS 584.047 Authority
to enter into contracts to assist in carrying out duties.
NRS 584.049 Instrumentality
of state.
NRS 584.051 Seal.
NRS 584.053 Dairy
Commission Fund: Creation; deposits; expenditures; interest and income to be
credited to Fund.
NRS 584.057 Dairy
Commission Fund: Commission to keep separate record of credits and
disbursements.
NRS 584.059 Report
submitted to Governor: Frequency; contents; availability for public inspection.
NRS 584.061 Collection
and dissemination of statistical and other data.
NRS 584.063 Records.
NRS 584.067 Regulations:
Adoption.
NRS 584.069 Regulations:
Review by State Board of Health in certain circumstances.
NRS 584.071 Regulations:
Publication; distribution.
NRS 584.072 Annual
fees. [Repealed.]
NRS 584.073 Chief
Medical Officer to consult with Commission upon request.
NRS 584.077 Licensing
of distributors and registration of producers.
NRS 584.079 Power
of Commission to refuse to grant, revoke or suspend license or permit.
NRS 584.081 Investigations;
records of producers and distributors.
NRS 584.083 Hearings:
Powers; oaths; subpoenas; witnesses.
NRS 584.087 Hearings:
Notification and appearance of Bureau of Consumer Protection in Office of
Attorney General.
NRS 584.089 Enforcement
of chapter and provisions of certain stabilization and marketing plans.
NRS 584.091 Assistance
in enforcement of chapter by constables, police officers and sheriffs.
NRS 584.093 Injunction
against violation of law or order; joinder of defendants.
FROZEN DESSERTS
NRS 584.099 Definitions.
NRS 584.101 Requirements
for sale of frozen dessert as ice cream or ice milk.
NRS 584.103 Regulations
of Commission: Adoption; scope.
NRS 584.107 Penalty.
BUTTER
NRS 584.110 Classification.
[Repealed.]
NRS 584.115 “Impure
butter” defined. [Repealed.]
NRS 584.125 “Wholesome
butter” defined.
NRS 584.130 Inspections
and determinations by Commission.
NRS 584.135 Regulations.
NRS 584.140 List
of makers of wholesome or impure butter. [Repealed.]
NRS 584.145 Pasteurizing
plants to be equipped with self-registering devices; availability of records.
NRS 584.150 Sale
or exchange of impure butter unlawful; imported butter; confiscation and
destruction of impure butter; penalties. [Repealed.]
NRS 584.155 Duties
of district attorneys. [Repealed.]
NRS 584.160 Applicability
of provisions. [Repealed.]
OLEOMARGARINE; MARGARINE
NRS 584.165 Duty
of manufacturer to label; penalty. [Repealed.]
NRS 584.170 Sale
of unlabeled oleomargarine or margarine unlawful; penalty. [Repealed.]
NRS 584.175 Size
of print on labels and brands. [Repealed.]
SUBSTITUTE DAIRY PRODUCTS
NRS 584.176 “Substitute
dairy product” defined. [Repealed.]
NRS 584.177 Restrictions
on labels and marks on containers containing substitute dairy products.
[Repealed.]
NRS 584.179 Penalty.
[Repealed.]
MANUFACTURED DAIRY PRODUCTS
NRS 584.1792 Dairy
foods manufacturing plant required to obtain permit to receive for sale,
produce, sell, offer for sale or store manufactured dairy product; transfer of
permit prohibited.
MILK AND CREAM
Permit for Sale
NRS 584.180 Sale
or offer for sale of fresh fluid milk or cream without permit prohibited;
exception.
NRS 584.185 Application.
NRS 584.190 Inspection
of dairy farms, milk plants and facilities of applicant.
NRS 584.195 Issuance
of permit; retention and availability of records concerning permits.
NRS 584.200 Inspection
of dairy farms, milk plants or facilities outside of State: Applicant or
permittee to pay expenses; deposit and use of expenses; failure to pay expenses
constitutes ground for denial, suspension or revocation of permit. [Repealed.]
NRS 584.205 Commission
to direct periodic inspections of facilities of permittees; sale of imported
milk and milk products without inspection; authority of Commission to conduct
inspections upon reasonable belief of violation of regulations.
NRS 584.207 Certified
raw milk: Definition; county milk commission.
NRS 584.208 Certified
raw milk: Conditions governing sale; handling; regulations.
NRS 584.209 Limitations
on sale or dispensing of raw milk; authority of Commission to impound or
dispose of adulterated or misbranded milk or milk product.
NRS 584.210 Denial,
suspension or revocation of permit: Notice and opportunity for hearing under
certain circumstances; investigative and subpoena powers of Commission;
records; appeal; entitlement of applicant or accused to submit subsequent
application; regulations.
NRS 584.211 Authority
of Commission to impose civil penalties.
Weighing and Testing
NRS 584.215 Testing
of milk or cream on basis of amount of butterfat to be done by licensed tester
using Babcock test; alternate methods of testing; licensing of tester.
NRS 584.216 Payment
of child support: Statement by applicant for milk tester’s license; grounds for
denial of license; duty of Commission. [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 584.217 Suspension
of milk tester’s license for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license. [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 584.218 Application
for milk tester’s license to include social security number of applicant.
[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 584.220 License
required for receipt or purchase of milk or cream on basis of butterfat
content; requirements for issuance.
NRS 584.225 Licenses:
Fee for milk tester’s license; expiration.
NRS 584.227 Renewal
of milk tester’s license: Requirements; duties of Commission; grounds for
denial of renewal.
NRS 584.230 Revocation
of licenses.
NRS 584.235 Regulations:
Adoption; printing and distribution.
NRS 584.240 Licensed
tester to record tests in permanent book of record; inspection of record.
NRS 584.245 Duty
of licensed tester to retain testable samples of milk and cream.
NRS 584.250 Testing
of cream sold on basis of richness or percentage of milk fat.
NRS 584.255 Commission
to inspect periodically apparatus used to determine percentage of fat in milk
or cream.
NRS 584.260 Specifications
of state’s standard measure.
NRS 584.265 Analyses
of milk and cream samples by representative or appointee of Commission.
NRS 584.270 Commission
to investigate and test milk upon complaint of licensed milk producer.
NRS 584.275 Unlawful
acts concerning official test; cream to be weighed into bottle.
NRS 584.280 Fraudulent
manipulation of weight, measure or test unlawful.
NRS 584.285 Penalty.
STABILIZATION AND MARKETING OF FLUID MILK AND FLUID CREAM
General Provisions
NRS 584.325 Definitions.
NRS 584.335 “Consumer”
defined.
NRS 584.340 “Dairy
products” defined.
NRS 584.345 “Distributor”
defined.
NRS 584.350 “Fluid
cream” defined.
NRS 584.355 “Fluid
milk” defined.
NRS 584.357 “Fresh
dairy products” defined.
NRS 584.360 “Marketing
area” defined.
NRS 584.370 “Producer”
defined.
NRS 584.375 “Producer-distributor”
defined.
NRS 584.380 “Retail
store” defined.
NRS 584.385 “Stabilization
and marketing plan” defined.
NRS 584.390 Business
affected with public interest; purpose of provisions.
NRS 584.395 Statements
of fact and policy.
NRS 584.400 Necessity
for marketing areas; administrative authority of Commission.
NRS 584.405 Legislative
determination.
NRS 584.410 Purposes.
NRS 584.415 Construction.
NRS 584.419 Applicability
to retail stores.
Formation and Adoption of Stabilization and Marketing Plan
NRS 584.547 Authority
to formulate plan.
NRS 584.550 Designation
of marketing areas; additional areas; modification or consolidation of areas.
NRS 584.555 Hearing
to determine whether producers desire fluid milk or fluid cream plan.
NRS 584.560 Hearing
to determine whether producers desire fluid cream plan. [Repealed.]
NRS 584.565 Formulation
of plan: Notice; hearing; order declaring plan in effect.
NRS 584.566 Amendment
or termination of plan: Procedure.
NRS 584.567 Amendment
or termination of plan: Petition; hearing.
NRS 584.568 Minimum
prices; discounts.
NRS 584.569 Discount
on dairy products sold to elderly consumers.
NRS 584.575 Report
to producer.
NRS 584.578 Cooperation
with other authorities; enforcement of plans.
NRS 584.580 Purchase
of milk from noncomplying producers; limitation on production.
Unfair Trade Practices and Investigation of Marketing and
Pricing Practices
NRS 584.581 Certain
practices of distributors prohibited whether stabilization and marketing plan
in effect or not.
NRS 584.582 Unlawful
manipulation of prices.
NRS 584.583 Sale
of milk, cream or fresh dairy products below cost.
NRS 584.5835 Restrictions
on sale of substitute dairy products by distributor. [Repealed.]
NRS 584.584 Distributor
may meet competitive prices in sale of fluid milk, fluid cream or any other
dairy products; information to be filed with Commission.
NRS 584.585 Duty
of Commission to prescribe unfair trade practices and investigate marketing and
pricing practices.
NRS 584.590 Investigation
of prices in marketing area: Notice; hearing; record.
Licensing of Distributors
NRS 584.595 License
required to distribute dairy products; procedure for application; renewal;
amendment; notification of Commission required if certain civil or criminal
actions are brought against licensee or member of senior management of
licensee.
NRS 584.600 Bond:
Amount; form and conditions; proceedings for enforcement.
NRS 584.605 Amount
of bond. [Repealed.]
NRS 584.610 Increase
of purchases.
NRS 584.615 Applicability
of provisions requiring licenses and bonds.
NRS 584.625 Failure
to execute and deliver bond or post additional bond.
NRS 584.640 Distributor
purchasing from producer-distributor: When bond not required; notice to
Commission; record of purchases; reports.
NRS 584.643 Emergency
cases: Shortening time for hearing; service of notice; place of hearing.
NRS 584.645 Inapplicability
to retail stores.
Assessments
NRS 584.647 Assessments
on fluid milk and fluid cream.
NRS 584.648 Assessments
on butter and dairy products.
NRS 584.649 Commission
may lower rate of assessment; date on which assessment is due; penalty for
delinquent payment.
Reports
NRS 584.650 Records
of distributors and cooperative organizations of producers.
NRS 584.655 Confidentiality
of records and reports.
Penalties
NRS 584.670 Criminal
and civil penalties; grounds for refusal, suspension or revocation of license.
_________
GENERAL PROVISIONS
NRS 584.001 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 584.005 to 584.009, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2001, 2424; A 2003, 174, 366)
NRS 584.005 “Commission” defined. “Commission”
means the State Dairy Commission created pursuant to NRS
584.031.
(Added to NRS by 2001, 2424; A 2003, 174)
NRS 584.006 “Dairy foods manufacturing plant” defined. “Dairy foods manufacturing plant” means:
1. Any place, structure or building where
milk or other dairy products are received or handled for manufacturing or
prepared for distribution, or both;
2. When used with regard to the
production, transportation, grading or use of milk, any plant that handles or
purchases milk for manufacturing purposes; and
3. When used with regard to licensing,
permitting or other regulatory requirements, only those plants that manufacture
dairy products, including ice cream, butter, natural cheese, processed cheese,
dry milk products, dry whey, evaporated milk products, condensed milk products
and such other products for human consumption as may otherwise be designated.
(Added to NRS by 2003, 365)
NRS 584.007 “Milk processing plant” defined. “Milk
processing plant” means any place, premises or establishment where milk, milk
products or dairy products are collected, handled, processed, stored,
pasteurized, aseptically processed, bottled, packaged or prepared for
distribution.
[64:387:1955]—(NRS A 2003, 174, 175; 2013, 603)
NRS 584.009 “Single-service plant” defined. “Single-service
plant” means a place, structure or building where a person engages in the
business of manufacturing a single-service container or closure for use by a
milk processing plant for the packaging of finished Grade A milk or milk
products.
(Added to NRS by 2003, 366; A 2013, 603)
STATE DAIRY COMMISSION
NRS 584.031 Creation; number of members. The
State Dairy Commission, consisting of three members, is hereby created within
the State Department of Agriculture.
[1:387:1955]—(NRS A 1957, 264; 1975, 1492; 1977, 1638; 1993, 1775; 2013, 1800)
NRS 584.033 Members: Appointment; qualifications; Chair; connection with
dairy industry prohibited; removal.
1. The Governor shall appoint the members
of the Commission, who must have the following qualifications:
(a) One member must be a public accountant or
certified public accountant who has been issued a permit or a certificate
pursuant to the laws of this State;
(b) One member must have a background in
agriculture; and
(c) One member must be experienced in banking or
finance.
2. The Governor shall designate one of the
members as Chair.
3. A member of the Commission must not
have any connection with any segment of the dairy industry.
4. The Governor may remove a member of the
Commission for malfeasance in office or neglect of duty.
[2:387:1955]—(NRS A 1975, 1492; 1977, 1638; 1981, 68; 2013, 603)
NRS 584.037 Governor may remove member for absence from two consecutive
meetings. Absence from two
consecutive meetings of the Commission constitutes good and sufficient cause
for removal of a member by the Governor.
[3:387:1955]—(NRS A 1975, 1493)—(Substituted in
revision for NRS 584.435)
NRS 584.039 Meetings; hearings; quorum; employment of attorney.
1. The members of the Commission shall
meet at least once each month and may meet at the call of the Chair or at the
request of a majority of the members of the Commission.
2. The Commission shall conduct all
hearings authorized pursuant to the provisions of this chapter.
3. A majority of the members constitutes a
quorum and a majority vote of the Commission is required on all action taken by
the Commission.
4. The Commission may retain an attorney
to assist the Commission in the administration of its duties.
[5:387:1955]—(NRS A 1957, 264; 1977, 1638; 2001, 2434)—(Substituted
in revision for NRS 584.440)
NRS 584.041 Compensation of members and employees; authority of Commission.
1. Each member of the Commission is
entitled to receive a salary of not more than $80 per day, as fixed by the
Commission, while engaged in the business of the Commission.
2. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally.
3. The Commission may:
(a) Apply for and accept any gifts, grants, donations
or contributions from any source to promote and develop the economic viability
of the dairy industry in this State.
(b) Expend in accordance with law all money made
available for its use.
(c) In addition to any contract entered into
pursuant to NRS 584.047, enter into any contract or
other agreement to promote and develop the economic viability of the dairy
industry in this State.
[7:387:1955]—(NRS A 1967, 948; 1975, 300; 1981, 1989; 1985, 439; 1987, 154; 1989, 1720; 2013, 603)
NRS 584.043 Manager of Operations of Commission.
1. The Director of the State Department of
Agriculture shall appoint a person as Manager of Operations of the Commission.
2. The Manager of Operations serves ex
officio as Executive Director and Secretary of the Commission.
[6:387:1955]—(NRS A 1975, 1493; 1977, 1639; 1981, 1687; 1983, 643; 1985, 440; 2001, 2435; 2013, 1800)
NRS 584.047 Authority to enter into contracts to assist in carrying out
duties.
1. The Commission may enter into contracts
with any person to assist it in carrying out the duties of the Commission by
performing any duty imposed on the Commission pursuant to this chapter.
2. As used in this section, “person”
includes a government, a governmental agency and a political subdivision of a
government.
(Added to NRS by 2001, 2424; A 2003, 174)
NRS 584.049 Instrumentality of state. The
State Department of Agriculture, including the Commission, is hereby declared
to be the instrumentality of this state for the purpose of administering and
enforcing the provisions of this chapter and to execute the legislative intent
expressed in this chapter, and is hereby vested with the administrative
authority described in this chapter.
[37:387:1955]—(NRS A 2001, 2436; 2013, 1800)
NRS 584.051 Seal. The
Commission shall adopt a seal for its own use which shall have imprinted
thereon the words “State Dairy Commission, State of Nevada.” The Secretary of
the Commission shall have the care and custody of the seal.
[11:387:1955]—(Substituted in revision for NRS
584.450)
NRS 584.053 Dairy Commission Fund: Creation; deposits; expenditures;
interest and income to be credited to Fund.
1. There is hereby created in the State
Treasury a special revenue fund designated as the Dairy Commission Fund. Except
as otherwise required in NRS 584.670, all money
received by the Commission pursuant to the provisions of this chapter must be
paid into the Fund and must be expended for the administration and enforcement
of the provisions of this chapter or for any other purpose authorized by the
Legislature.
2. The interest and income earned on the
money in the Dairy Commission Fund, after deducting any applicable charges,
must be credited to the Fund.
[8:387:1955]—(NRS A 1981, 264; 1983, 1589; 2001, 2435; 2010, 26th
Special Session, 23)—(Substituted in revision for NRS 584.460)
NRS 584.057 Dairy Commission Fund: Commission to keep separate record of
credits and disbursements. The
Commission shall keep a separate record of the classes and sources of income
credited to the Dairy Commission Fund and of the disbursements therefrom.
[9:387:1955]—(Substituted in revision for NRS
584.465)
NRS 584.059 Report submitted to Governor: Frequency; contents; availability
for public inspection.
1. The Commission shall, within 30 days
before each general session of the Legislature, submit to the Governor a full
and true report of the transactions pursuant to this chapter during the
preceding biennium, including a complete statement of receipts and expenditures
during that period, together with its legislative recommendations.
2. This report is a public record and must
be made available for public inspection within a reasonable time after it is
submitted to the Governor.
[72:387:1955]—(NRS A 2001, 2437)—(Substituted
in revision for NRS 584.660)
NRS 584.061 Collection and dissemination of statistical and other data. In addition to the compilation of information
pertaining to fluid milk and fluid cream from the reports required by NRS 584.325 to 584.670,
inclusive, the Commission shall collect, assemble, compile and distribute
statistical data relative to fluid milk, fluid cream, other milk and milk
products, and such other information as may relate to the dairy industry and
the provisions of this chapter. For the purposes of this section, the
Commission may require such information as it deems necessary from
distributors, producers, cooperative associations of producers, retailers and
others who are engaged in the production, sale, distribution, handling or
transportation of fluid milk, fluid cream or other dairy products.
[73:387:1955]—(NRS A 1975, 1496; 2001, 2437)—(Substituted
in revision for NRS 584.665)
NRS 584.063 Records. A full and
accurate record of business or acts performed or of testimony taken by the
Commission in pursuance of the provisions of this chapter must be kept and
placed on file in the Office of the Commission.
[45:387:1955]—(NRS A 2003, 175)
NRS 584.067 Regulations: Adoption.
1. The Commission may adopt and enforce
regulations to carry out the provisions of this chapter.
2. The Commission shall adopt regulations
establishing procedures for:
(a) Its administration and government;
(b) The formation and adoption of stabilization
and marketing plans;
(c) The conduct of its public hearings;
(d) The manner in which information relating to
costs required of producers, distributors and retailers is determined and
presented to the Commission; and
(e) Classifying fluid milk products into separate
classes.
(Added to NRS by 1977, 1637; A 1987, 154; 2001, 2424; 2003, 366)
NRS 584.069 Regulations: Review by State Board of Health in certain
circumstances. Before the
Commission may adopt a regulation pursuant to NRS
584.099 to 584.285, inclusive, the Commission
shall submit the regulation to the State Board of Health for review and
comment. The Board shall complete its review and return the regulation to the
Commission not later than 30 days after its receipt thereof unless the
Commission agrees to a longer time.
(Added to NRS by 2001, 2424)
NRS 584.071 Regulations: Publication; distribution. A
copy of every regulation adopted by the Commission must be published
immediately after adoption and issued in pamphlet form for distribution to
local health officers and, upon application therefor, to licensed or other
dairies, creameries and other persons interested in them.
(Added to NRS by 1961, 112; A 1985, 307; 2001, 2425)—(Substituted
in revision for NRS 584.023)
NRS 584.072 Annual fees. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.073 Chief Medical Officer to consult with Commission upon request. The Chief Medical Officer shall, if requested,
consult with the Commission on any matter concerning the public health and
welfare of the people of this state that arises pursuant to this chapter.
(Added to NRS by 2001, 2424)
NRS 584.077 Licensing of distributors and registration of producers. The Commission may issue licenses to
distributors and require the registration of producers.
[39:387:1955]—(Substituted in revision for NRS
584.510)
NRS 584.079 Power of Commission to refuse to grant, revoke or suspend
license or permit.
1. The Commission may refuse to grant any
license or permit provided in this chapter and may revoke or suspend any such
license or permit as the case may require when it is satisfied that an
applicant, a licensee or a permit holder has violated any provision of this
chapter, but no order may be made refusing, revoking or suspending any license
or permit except after hearing upon at least 10 days’ notice to the applicant,
licensee or permit holder, as appropriate.
2. The decision may include an order
refusing, revoking or suspending the license or permit applied for or held by
the respondent, or fixing such other conditional and probationary orders as may
be proper for the enforcement of this chapter.
3. After any decision, including any
conditional or probationary orders, should the respondent fail, refuse or
neglect to comply with any such orders, the Commission may suspend or revoke
the license or permit in accordance with the procedure provided in this section.
4. Previous violation by any applicant or
by any person connected with the applicant of any provision of this chapter is
ground for denial, revocation or suspension of a license or permit.
[75:387:1955]—(NRS A 2001, 2438; 2003, 367)
NRS 584.081 Investigations; records of producers and distributors.
1. The Commission may investigate, upon
reasonable notice, any and all transactions between producers and distributors
or among distributors or between distributors and retail stores or between
distributors and consumers or between retail stores and consumers. The
Commission or its authorized agents may enter at all reasonable hours all
places where milk is stored, bottled or manufactured, or where milk or milk
products are bought, sold or handled, or where the books, papers, records or
documents relating to such transactions are kept, and may inspect and copy any
such books, papers, records or documents.
2. Each producer and distributor shall
maintain adequate records concerning any and all transactions in fluid milk and
fluid cream.
[38:387:1955]—(NRS A 1959, 895)—(Substituted in
revision for NRS 584.505)
NRS 584.083 Hearings: Powers; oaths; subpoenas; witnesses.
1. For the purposes of this chapter, the
Commission may hold hearings, administer oaths, certify to official acts, take
depositions, issue subpoenas, summon witnesses and examine the books and
records of any producer, distributor or retailer. Such an examination may be
made at any reasonable time or place by the Commission or any agent of the
Commission.
2. The district court for the county in
which any investigation is being conducted by the Commission may compel the
attendance of witnesses, the giving of testimony and the production of books
and papers as required by any subpoena issued by the Commission.
3. In case of the refusal of any witness
to attend or testify or produce any papers required by such subpoena, the
Commission may report to the district court for the county in which the
investigation is pending by petition, setting forth:
(a) That due notice has been given of the time
and place of attendance of the witness or the production of the books and
papers;
(b) That the witness has been subpoenaed in the
manner prescribed in this chapter; and
(c) That the witness has failed and refused to
attend or produce the papers required by subpoena before the Commission in the
investigation named in the subpoena, or has refused to answer questions
propounded to him or her in the course of such investigation,
Ê and asking
an order of the court compelling the witness to attend and testify or produce
the books or papers before the Commission.
4. The court, upon petition of the
Commission, shall enter an order directing the witness to appear before the
court at a time and place to be fixed by the court in such order, the time to
be not more than 10 days from the date of the order, and then and there show
cause why he or she has not attended or testified or produced the books or
papers before the Commission. A certified copy of the order must be served upon
the witness. If it appears to the court that the subpoena was regularly issued
by the Commission, the court shall thereupon enter an order that the witness
appear before the Commission at the time and place fixed in the order and
testify or produce the required books or papers, and upon failure to obey the
order, the witness must be dealt with as for contempt of court.
[10:387:1955]—(NRS A 1975, 1493; 2001, 2435)—(Substituted
in revision for NRS 584.470)
NRS 584.087 Hearings: Notification and appearance of Bureau of Consumer
Protection in Office of Attorney General.
1. Written notice of any hearing held by
the Commission must be mailed to the Bureau of Consumer Protection in the
Office of the Attorney General.
2. The Bureau may file with the Commission
any statement concerning the proposed action and may appear at the hearing to
give evidence concerning the proposed action.
(Added to NRS by 1977, 1637; A 1993, 1775; 1997, 2015)—(Substituted
in revision for NRS 584.472)
NRS 584.089 Enforcement of chapter and provisions of certain stabilization
and marketing plans. The
Commission shall enforce the provisions of this chapter and any stabilization
and marketing plan initiated pursuant to the provisions of NRS 584.325 to 584.670,
inclusive.
[36:387:1955]—(NRS A 1977, 1639; 1981, 681; 2001, 2436)—(Substituted
in revision for NRS 584.495)
NRS 584.091 Assistance in enforcement of chapter by constables, police
officers and sheriffs. Constables,
police officers and sheriffs may, upon request, render assistance to the
Commission, any member of the Commission or any authorized representative of
the Commission, in the enforcement of the provisions of this chapter.
(Added to NRS by 1959, 901; A 2001, 2436)—(Substituted
in revision for NRS 584.543)
NRS 584.093 Injunction against violation of law or order; joinder of
defendants.
1. The Commission may bring an action to
enjoin the violation or threatened violation of any provisions of this chapter
or of any order made pursuant to this chapter in the district court in the
county in which such violation occurs or is about to occur.
2. There may be enjoined in one proceeding
any number of defendants alleged to be violating the same provisions or orders,
although their properties, interests, residence or place of business may be in
several counties and the violations separate and distinct.
[47:387:1955]—(NRS A 2003, 175)
FROZEN DESSERTS
NRS 584.099 Definitions. As
used in NRS 584.099 to 584.107,
inclusive:
1. “Frozen dessert” means any clean frozen
or partially frozen combination of two or more of the following: Milk or milk
products, eggs or egg products, sugars, water, fruit or fruit juices, candy,
nut meats, or other harmless and wholesome food products, flavors, color or
harmless stabilizer, and includes ice cream, frozen custard, ice milk, milk
sherbet, ices and other similar products.
2. “Mix” means the unfrozen combination of
all ingredients of a frozen dessert with or without fruits, fruit juices,
candy, nut meats, flavor or harmless color.
(Added to NRS by 1961, 112)—(Substituted in revision
for NRS 584.013)
NRS 584.101 Requirements for sale of frozen dessert as ice cream or ice
milk.
1. As used in this section:
(a) “Candy” includes candies, cakes, cookies,
glaceed fruits, prepared cereals and similar products.
(b) “Chocolate ice cream” means ice cream
flavored with chocolate or cocoa.
(c) “Fruit ice cream” means ice cream containing
not less than 3 percent by weight of clean, mature, sound fruit or its
equivalent in other forms.
(d) “Nut or candy ice cream” means ice cream
containing not less than 1 percent by weight of sound nut meats or candy.
2. No frozen dessert may be labeled or
sold in this state as ice cream unless it:
(a) Weighs at least 4.5 pounds per gallon;
(b) Contains at least 6 percent of milk solids
not fat; and
(c) Except as provided in subsection 3, contains
at least 10 percent of milk fat and 20 percent of total milk solids.
3. Chocolate ice cream, fruit ice cream
and nut or candy ice cream must contain at least 8 percent of milk fat and 16
percent of total milk solids.
4. Frozen desserts may be produced and
sold which contain less than the amounts of milk fat required by subsections 2
and 3 for their respective categories of ice cream, but must be labeled:
(a) “Ice milk” if they contain at least 2 percent
of milk fat and 11 percent of milk solids;
(b) “Low-fat frozen dairy desserts” if they
contain at least 0.5 percent but less than 2 percent milk fat; or
(c) By a name which does not imply a dairy
dessert, if they contain less than such amounts.
(Added to NRS by 1967, 1267; A 1983, 452; 2013, 604)
NRS 584.103 Regulations of Commission: Adoption; scope. Except as otherwise provided by law, the
Commission shall adopt, and may amend and repeal, reasonable regulations
governing:
1. The production, manufacturing, mixing,
preparing, processing, pasteurizing, freezing, packaging, transportation,
handling, sampling, examination, labeling and sale of all mix and frozen
desserts sold within the State of Nevada.
2. The inspection of all establishments
engaged in the production, processing and distribution of mix and frozen
desserts.
3. The issuing and revocation of permits
to frozen desserts plants.
4. The grading and regrading of frozen
desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for a violation
of the regulations.
(Added to NRS by 1961, 112; A 1967, 1267; 2001, 2425; 2013, 604)
NRS 584.107 Penalty. Any person
who violates any provision of the regulations adopted pursuant to NRS 584.103, or refuses or neglects to obey any lawful
order of the Commission, is guilty of a misdemeanor.
(Added to NRS by 1961, 112; A 1967, 618; 2001, 2425)—(Substituted
in revision for NRS 584.027)
BUTTER
NRS 584.110 Classification. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.115 “Impure butter” defined. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.125 “Wholesome butter” defined. For
the purposes of NRS 584.125 to 584.145, inclusive, “wholesome butter” means butter
made from cream and milk wherein the entire procedure from dairy to creamery,
or other place of manufacture of such product or products, is conducted under
sanitary conditions, and wherein the milk or cream has either been produced by
cows all of which have been duly certified by some reputable veterinarian as
free from tuberculosis, or, if not so certified, wherein such milk or cream has
been pasteurized as prescribed by the Commission pursuant to NRS 584.135.
[Part 1:151:1917; 1919 RL p. 2973; NCL § 2286]—(NRS A
1973, 280; 2001,
2425; 2013,
604)
NRS 584.130 Inspections and determinations by Commission. The inspection of butter under the provisions
of NRS 584.125 to 584.145,
inclusive, and the determination of the same as wholesome, are hereby made
duties of the Commission. The Commission is hereby given all necessary
authority and power for such inspection and determination and may employ such
inspectors or agents therefor as may be necessary within any revenues generated
or appropriation provided for such purposes.
[Part 3:151:1917; 1919 RL p. 2973; NCL § 2288]—(NRS A
2001, 2425;
2013, 605)
NRS 584.135 Regulations. The
Commission shall make such regulations, within the meaning and purposes of NRS 584.125 to 584.145,
inclusive, as may be necessary in their administration, and which may include
the sanitary production, care and handling of milk and cream used in the making
of butter.
[Part 4:151:1917; 1919 RL p. 2974; NCL § 2289]—(NRS A
1969, 1447; 1973, 995; 2001, 2425; 2013, 605)
NRS 584.140 List of makers of wholesome or impure butter. Repealed. (See chapter 173, Statutes of Nevada
2013, at page 615.)
NRS 584.145 Pasteurizing plants to be equipped with self-registering
devices; availability of records. Pasteurizing
plants must be equipped with a self-registering device for recording the time
and temperature of pasteurizing. Such a record must be kept for at least 6
months and must be available for inspection by any health officer or person charged
with the enforcement of NRS 584.125 to 584.145, inclusive.
[Part 1:151:1917; 1919 RL p. 2973; NCL § 2286]—(NRS A
2003, 367; 2013, 605)
NRS 584.150 Sale or exchange of impure butter unlawful; imported butter;
confiscation and destruction of impure butter; penalties. Repealed. (See chapter 173, Statutes of Nevada
2013, at page 615.)
NRS 584.155 Duties of district attorneys. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.160 Applicability of
provisions. Repealed. (See chapter
173, Statutes of Nevada 2013, at page 615.)
OLEOMARGARINE; MARGARINE
NRS 584.165 Duty of manufacturer to label; penalty. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.170 Sale of unlabeled oleomargarine or margarine unlawful; penalty. Repealed. (See chapter 173, Statutes of Nevada
2013, at page 615.)
NRS 584.175 Size of print on labels and brands. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
SUBSTITUTE DAIRY PRODUCTS
NRS 584.176 “Substitute dairy product” defined. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.177 Restrictions on labels and marks on containers containing
substitute dairy products. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.179 Penalty. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
MANUFACTURED DAIRY PRODUCTS
NRS 584.1792 Dairy foods manufacturing plant required to obtain permit to
receive for sale, produce, sell, offer for sale or store manufactured dairy
product; transfer of permit prohibited. A
dairy foods manufacturing plant shall not receive for sale, produce, sell,
offer for sale or have in storage any manufactured dairy product if the plant
does not possess a permit from the Commission. Such a permit is not
transferable.
(Added to NRS by 2003, 366)
MILK AND CREAM
Permit for Sale
NRS 584.180 Sale or offer for sale of fresh fluid milk or cream without
permit prohibited; exception.
1. A person, firm, association or
corporation shall not sell or offer to sell fresh fluid milk or fresh fluid
cream in the State of Nevada without obtaining a permit issued by the
Commission.
2. No such permit is required from any
person, firm, association or corporation who sells solely to a permittee or
purchases solely from a permittee.
[1:313:1955]—(NRS A 1963, 970; 1967, 1176; 1973,
1406; 2001,
2426)
NRS 584.185 Application. The
application for the permit required by NRS 584.180
must:
1. Be submitted in writing on a form
prescribed by the Commission.
2. Include the name and address of the
applicant, and, if a partnership, the names and addresses of all partners, and,
if a corporation, association or other organization, the names and addresses of
the president, vice president, secretary and managing officers.
3. Specify the name and location of the
premises or business for which the license is sought.
4. Contain such other information as may be
reasonably required by the Commission.
[2:313:1955]—(NRS A 2001, 2426)
NRS 584.190 Inspection of dairy farms, milk plants and facilities of
applicant. If it appears to the
satisfaction of the Commission that the applicant has complied with all
regulations governing the sanitation and grading of milk and milk products, the
Commission shall cause the dairy farms, milk plants and facilities of the
applicant to be inspected.
[3:313:1955]—(NRS A 1963, 971; 1967, 1177; 1973,
1406; 2001, 2427)
NRS 584.195 Issuance of permit; retention and availability of records
concerning permits.
1. If, after the application and
inspection, it appears to the satisfaction of the Commission that the applicant
has fully complied with all regulations governing the sanitation and grading of
milk and milk products, the Commission shall issue a permit to the applicant.
2. The Commission shall keep a record of
all applications for permits and permits issued by it, which must be a public
record.
[4:313:1955]—(NRS A 1963, 971; 1967, 1177; 1973,
1406; 2001,
2427)
NRS 584.200 Inspection of dairy farms, milk plants or facilities outside of
State: Applicant or permittee to pay expenses; deposit and use of expenses;
failure to pay expenses constitutes ground for denial, suspension or revocation
of permit. Repealed. (See chapter
173, Statutes of Nevada 2013, at page 615.)
NRS 584.205 Commission to direct periodic inspections of facilities of
permittees; sale of imported milk and milk products without inspection;
authority of Commission to conduct inspections upon reasonable belief of
violation of regulations.
1. In addition to the initial inspection
of new applicants, the Commission shall, except as otherwise provided in
subsection 2, direct a periodic inspection, not less than annually, of all
facilities belonging to permittees to ascertain whether the services,
facilities and equipment continue to comply with the regulations referred to in
NRS 584.195.
2. Except as otherwise provided in NRS 584.208 and the regulations adopted pursuant to
that section, milk and milk products, including certified raw milk and products
made from it, imported from outside the State of Nevada may be sold in this
state without inspection by the Commission if the requirements of paragraph (a)
or (b) are met:
(a) The milk and milk products have been
produced, pasteurized, processed, transported and inspected under statutes or
regulations substantially equivalent to the Nevada milk and milk products
statutes and regulations.
(b) The milk and milk products have been awarded
an acceptable milk sanitation, compliance and enforcement rating by a state
milk sanitation rating officer certified by the United States Public Health
Service.
3. Whenever the Commission has reasonable
grounds to believe that a seller of milk or milk products, including certified
raw milk and products made from it, is violating any of the regulations adopted
by the Commission or any county milk commission relating to the sanitation and
grading of milk and milk products, including certified raw milk and products
made from it, or that the seller’s facilities or products fail to meet the
regulations, or that the seller’s operation is in any other manner not in the
best interests of the people of this state, the Commission may conduct a
reasonable inspection, and if any violation or other condition inimical to the
best interests of the people of this state is found, to take corrective action
pursuant to NRS 584.180 to 584.211,
inclusive.
[Part 6:313:1955]—(NRS A 1975, 483; 1979, 446; 2001, 2427; 2013, 605)
NRS 584.207 Certified raw milk: Definition; county milk commission.
1. Certified raw milk is unpasteurized,
marketed milk which conforms to the regulations and standards adopted by the
county milk commission for the production and distribution of certified raw
milk and certified raw milk products in the county in which they are produced.
2. In each county in which certified raw
milk or certified raw milk products are produced for public consumption, there
must be a county milk commission to regulate the production and distribution of
those products. The board of county commissioners shall appoint to the
commission three members for terms of 4 years, all of whom are eligible for
reappointment. The members must all be residents of the county and have the
following respective qualifications:
(a) One member must be a physician licensed in
this State and a member of the medical society of the state;
(b) One member must be a veterinarian licensed in
this State and a member of the county or regional veterinarian association; and
(c) One member must be a representative of the
public at large.
3. A county milk commission shall:
(a) Elect one of its members as chair and adopt
appropriate rules to govern:
(1) The time and place of its meetings;
(2) Its rules of procedure; and
(3) Its recordkeeping and other internal
operations.
(b) Adopt written regulations, which must be
approved by the State Dairy Commission, governing the production, distribution
and sale in the county of certified raw milk and products made from it, to
protect the public health and safety and the integrity of the product.
(c) Certify raw milk and the products thereof for
any applicant producing raw milk within the county, whose product and methods
of production, distribution and sale comply with the regulations and standards
adopted by the county milk commission.
4. A county milk commission may:
(a) Establish and collect such fees and charges
as appear reasonably necessary to defray the costs and expenses incurred by it
in the performance of its duties under this section, and expend any money so collected
as is necessary for such performance.
(b) Conduct such tests, inspections and analyses
as are necessary to enable it to perform its duties under this section and
employ such personnel and equipment as it deems necessary therefor.
5. Each applicant for certification must,
as a condition for entertaining his or her application and as a condition for
any certification granted, submit for testing by the county milk commission
such samples as the county milk commission requests, and allow inspections by
the county milk commission or its agents at any reasonable times, of any or all
of the facilities, equipment, herds or other property employed in the
applicant’s dairy operations, including, without limitation, all of the
applicant’s books and records relating thereto.
(Added to NRS by 1979, 445; A 2001, 2428; 2013, 606)
NRS 584.208 Certified raw milk: Conditions governing sale; handling;
regulations.
1. Certified raw milk and products made
from it may be sold if the milk has been:
(a) Cooled to 45 degrees Fahrenheit or less
immediately after being drawn from the cow or goat and maintained at or below
that temperature until it is delivered to the consumer, at which time it may
not contain more than 10 coliform bacteria per milliliter or more than 10,000
bacteria per milliliter; and
(b) Certified by the county milk commission of
the county in which it was produced.
2. No person may come in contact with or
be near raw milk before it is sold to the consumer unless the person maintains
scrupulous cleanliness and is not afflicted with any communicable disease or in
a condition to disseminate any disease which can be transmitted by milk. No
person may handle milk to be sold as raw unless the person has a physical
examination before any employment requiring the person to do so and every 3
months thereafter while continuing in the employment.
3. The State Dairy Commission shall adopt
regulations governing:
(a) Inspections to determine the health of cows
and goats which produce milk for sale as raw milk.
(b) Inspections of dairy farms which produce milk
for sale as raw milk and establishing minimum standards of cleanliness and
sanitation for the farms.
(c) Examinations of all persons who come in
contact with raw milk before it is sold to a consumer.
(d) Other matters connected with the production
and sale of raw milk which the Commission deems necessary to protect the public
health.
(Added to NRS by 1979, 446; A 2001, 2429)
NRS 584.209 Limitations on sale or dispensing of raw milk; authority of
Commission to impound or dispose of adulterated or misbranded milk or milk
product.
1. In addition to the provisions of NRS 584.208, raw milk may be sold or dispensed:
(a) Solely to a hauler of milk or to a processing
facility which is permitted or regulated by a state or federal agency; or
(b) Only if the raw milk is labeled “FOR ANIMAL
FOOD - NOT FOR HUMAN CONSUMPTION” in letters at least 3 inches high on each
container of the raw milk and only if the raw milk is altered with an approved
denaturant consisting of:
(1) Finely powdered charcoal;
(2) FD&C Blue No. 1, FD&C Blue No.
2 or Ultramarine Blue; or
(3) FD&C Green No. 3, FD&C Red No.
3 or FD&C Red No. 40.
2. The Commission may impound and dispose
of any adulterated milk or milk product or misbranded milk or milk product in
any manner prescribed by the Commission.
3. As used in this section:
(a) “Adulterated milk or milk product” means any
milk or milk product for which one or more of the conditions prescribed in 21
U.S.C. § 342 exist.
(b) “Misbranded milk or milk product” means any
milk or milk product:
(1) That is packaged in a container which
displays or is accompanied by any false or misleading written, printed or
graphic matter; or
(2) For which one or more of the
conditions prescribed in 21 U.S.C. § 343 exist.
(c) “Sold or dispensed” means any transaction
involving the transfer or dispensing of raw milk by barter or contractual
agreement or in exchange for any form of compensation, including, but not
limited to, the sale of shares or interests in a cow, goat or other lactating
mammal or herd.
(Added to NRS by 2013, 602)
NRS 584.210 Denial, suspension or revocation of permit: Notice and
opportunity for hearing under certain circumstances; investigative and subpoena
powers of Commission; records; appeal; entitlement of applicant or accused to
submit subsequent application; regulations.
1. Whenever the Commission has reasonable
grounds to believe that any applicant or permittee under NRS
584.180 to 584.211, inclusive, is violating any
of the provisions of those sections, or any of the rules, regulations or
specifications adopted by the Commission relative to the sanitation and grading
of milk and milk products, or whenever the results of tests indicate that the
facilities, milk or milk products do not meet those regulations or are not
reliable or are questionable, or when the Commission determines that the
operation in any other manner is inimical and not for the best interests of the
health, safety or welfare of the people of this state, the Commission may,
after providing notice and opportunity for a hearing pursuant to the provisions
of subsection 2, refuse to grant a permit or suspend or revoke any or all
permits previously issued.
2. Except as otherwise provided in this
subsection, if the Commission intends to refuse to grant a permit or to suspend
or revoke a permit pursuant to the provisions of subsection 1, the Commission
shall provide to the applicant or permittee, by certified mail, written notice
of the intended action within the period established pursuant to regulations
adopted by the Commission. The notice must specify the reasons, the legal
authority and the jurisdiction of the Commission for taking the intended
action. Upon receipt of the notice, an applicant or permittee may request a
hearing, and, if so requested, the Commission shall conduct a hearing pursuant
to regulations adopted by the Commission. If an applicant or permittee does not
request a hearing after being notified pursuant to the provisions of this
subsection, any decision of the Commission made pursuant to this section is
final and not subject to judicial review. Such notice and hearing is not
required and a permit may be summarily disapproved, revoked or suspended by the
Commission if the Commission finds that, based upon the particular
circumstances of the case, it is in the best interests of the health, safety or
welfare of the people of this state to so proceed.
3. The Commission may conduct the
investigations, summon and compel the attendance of witnesses, require the
production of any records or documents, and provide for the taking of
depositions under the Nevada Rules of Civil Procedure in connection with a
hearing conducted pursuant to the provisions of this section.
4. The findings of the Commission and the
judgment or order must be reduced to writing and filed in the permanent public
records of the Commission. The findings must state the reasons why the
application for a permit was disapproved or the permit was suspended or
revoked. Copies must be furnished to the applicant or permittee who may, if he
or she requested and was given a hearing or if the application or permit was
summarily disapproved, revoked or suspended pursuant to the provisions of
subsection 2, file an appeal pursuant to regulations adopted by the Commission.
Upon the filing of the appeal, the Chair of the Commission or the Chair’s
designee shall appoint a person who did not participate in the decision of the
Commission to conduct a hearing in accordance with those regulations. The
applicant or permittee is entitled to judicial review of the decision of the
person so appointed in the manner provided by chapter
233B of NRS. Upon the filing for appeal or review, the enforcement of the
Commission’s order must be stayed pending final disposition of the matter. If
the order is judicially affirmed, it becomes final and the stay of enforcement
is automatically vacated.
5. In any case where the Commission
refuses to issue a permit, or suspends or revokes a permit, the applicant or
accused is entitled to submit another application for the consideration of the
Commission.
6. The Commission shall adopt such
regulations as are necessary to carry out the provisions of this section.
[Part 6:313:1955]—(NRS A 1963, 971; 1967, 1177; 1973,
1406; 1975, 483; 1981,
91; 1989,
1655; 1995,
1588; 2001,
2430; 2013,
607)
NRS 584.211 Authority of Commission to impose civil penalties. In addition to denying, suspending or revoking
a permit pursuant to NRS 584.210 or the imposition
of any other penalty pursuant to the provisions of NRS
584.180 to 584.211, inclusive, the Commission
may impose a civil penalty of not more than $1,000 for each violation of those
provisions, which may be recovered by the Commission in a civil action in a
court of competent jurisdiction. All sums recovered under this subsection must
be deposited with the State Treasurer for credit to the State General Fund.
(Added to NRS by 2013, 603)
Weighing and Testing
NRS 584.215 Testing of milk or cream on basis of amount of butterfat to be
done by licensed tester using Babcock test; alternate methods of testing;
licensing of tester.
1. Except as otherwise provided in
subsection 2, all testing of milk or cream purchased on the basis of the amount
of butterfat contained therein must be done by a licensed tester, who shall
supervise and is responsible for the operation of the Babcock test of milk or
cream.
2. Methods of testing such milk, other
than the Babcock test, may be used if approved by the Commission. If such
approval is given, equipment suitable for the performance of the Babcock test
must be provided and maintained.
3. A license may be issued to a tester by
the Commission. The Commission shall examine the qualifications of the
applicant for a license, and every applicant must satisfy the Commission of his
or her qualifications and comply with the provisions in NRS
584.215 to 584.285, inclusive, before a license
may be issued.
4. If a method of testing other than the
Babcock test is used, the tester must be licensed to perform that method of
testing and the Babcock test.
[Part 2:167:1921; A 1951, 441]—(NRS A 1983, 213; 1997, 2100; 2001, 2431)
NRS 584.216 Payment of child support: Statement by applicant for milk
tester’s license; grounds for denial of license; duty of Commission. [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 milk tester’s license shall submit to the Commission 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 Commission 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 license; or
(b) A separate form prescribed by the Commission.
3. A milk tester’s license may not be
issued or renewed by the Commission 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
Commission 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, 2099; A 2001, 2431; 2003, 174)
NRS 584.217 Suspension of milk tester’s license for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license.
[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 Commission 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 milk tester’s license, the Commission shall deem the license 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 Commission receives a letter issued
to the holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Commission shall reinstate a milk
tester’s license that has been suspended by a district court pursuant to NRS 425.540 if the Commission receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2099; A 2001, 2432; 2003, 174)
NRS 584.218 Application for milk tester’s license to include social security
number of applicant. [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.] An application for the issuance of a milk
tester’s license must include the social security number of the applicant.
(Added to NRS by 1997, 2100)
NRS 584.220 License required for receipt or purchase of milk or cream on
basis of butterfat content; requirements for issuance.
1. Every creamery, shipping station, milk
factory, cheese factory, ice cream factory, condensery, or any person, firm or
corporation receiving or purchasing milk or cream on the basis of butterfat
contained therein is required to hold a license so to do.
2. The license must be issued to the
creamery, shipping station, milk factory, condensery, ice cream factory, cheese
factory, or person, firm or corporation by the Commission upon complying with
all sanitary laws, rules and regulations of the State of Nevada, and upon
complying with the provisions of NRS 584.215 to 584.285, inclusive, and upon payment of a license fee,
if any, as provided in any regulations adopted pursuant to NRS 584.225.
[6:167:1921; NCL § 2280]—(NRS A 2001, 2432; 2013, 608)
NRS 584.225 Licenses: Fee for milk tester’s license; expiration.
1. The Commission may, by regulation,
establish a fee of not more than $10 for issuing and renewing a milk tester’s
license.
2. All licenses required under NRS 584.215 to 584.285,
inclusive, expire at the end of each calendar year.
[Part 7:167:1921; A 1955, 282] + [11:167:1921; NCL §
2285]—(NRS A 2001,
2432; 2013,
608)
NRS 584.227 Renewal of milk tester’s license: Requirements; duties of
Commission; grounds for denial of renewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a milk tester’s
license must indicate in the application submitted to the Commission 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 milk tester’s license may not be
renewed by the Commission if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Commission 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, 2740)
NRS 584.230 Revocation of licenses. A
license may be revoked by the Commission if, after due notice, the licensee
fails or has failed to comply with the laws, rules and regulations under which
the license was granted.
[3:167:1921; NCL § 2277] + [Part 7:167:1921; A 1955,
282]—(NRS A 2001,
2433)
NRS 584.235 Regulations: Adoption; printing and distribution. The Commission shall make uniform regulations
for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must be printed
and distributed by the Commission upon application therefor to licensed or
other dairies, creameries and other persons interested in them.
[Part 5:167:1921; A 1955, 282]—(NRS A 1969, 1528;
1973, 1476; 1985,
468; 1993,
1775; 1997,
22; 2001,
2433; 2005,
1093)
NRS 584.240 Licensed tester to record tests in permanent book of record;
inspection of record.
1. A licensed tester shall, in addition to
the records required to be kept by NRS 584.215 to 584.285, inclusive, record all tests made by the
tester in a permanent book of record, a form for which must be supplied at cost
or approved by the Commission, and tests must be indelibly recorded in the
record book in such a manner as to identify the patron whose milk or cream has
been tested, and also in such a manner as to prevent erasures or changes being
made in these tests.
2. The record must be at all times during
business hours kept open for inspection by the Commission or its agents, or by
any officer of the city and county board of health, or by any peace officer of
the city, county or state, or by any patron who may be delivering milk or cream
to the plant or place where such tests are made.
[4:167:1921; A 1955, 282]—(NRS A 2001, 2433)
NRS 584.245 Duty of licensed tester to retain testable samples of milk and
cream. A licensed tester also
shall retain in testable condition a sample of all milk or cream tested for a
period of not less than 72 hours after such tests of milk or cream have been
made. The tester shall be responsible for the safekeeping of such samples of
milk or cream and shall retain the same in his or her custody for such period
of time.
[Part 5:167:1921; A 1955, 282]—(NRS A 1975, 484)
NRS 584.250 Testing of cream sold on basis of richness or percentage of milk
fat. All cream sold in the State
of Nevada on the basis of the richness or the percentage of milk fat contained
therein must be tested by the Babcock test or any other testing equipment or
procedures approved by the Commission.
[Part 9:167:1921; A 1955, 282]—(NRS A 2001, 2433; 2003, 367)
NRS 584.255 Commission to inspect periodically apparatus used to determine
percentage of fat in milk or cream. The
Commission shall, from time to time, inspect and examine as to their accuracy,
or their adaptability to give accurate results, all glassware, measures,
scales, weights and other apparatus used in creameries and factories of dairy
products, where milk and cream are purchased, to determine the amount of
percentage of fat in milk or cream.
[8:167:1921; A 1955, 282]—(NRS A 1961, 112; 2001, 2433)
NRS 584.260 Specifications of state’s standard measure. The state’s standard measure, or pipette,
shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or
bottles for milk shall have a capacity of 1 cubic centimeter of mercury at a
temperature of 65° F. between “zero” and “five” on the graduated scale on the
neck thereof; the scale to have a length of not less than 6.5 millimeters for
each percent, or 6.5 centimeters between “zero” and “ten” on the graduated
scale on the neck thereof, the scale to be graduated to at least two-tenths of
1 percent. The milk fat in the neck of the bottle shall be read from the lower
line separation between the fat and the water to the top of the fat column at a
temperature not lower than 130° F. and not higher than 140° F.
[Part 9:167:1921; A 1955, 282]
NRS 584.265 Analyses of milk and cream samples by representative or
appointee of Commission. The
Commission’s duly authorized representative or appointee shall make analyses of
all samples of milk or cream deemed necessary for the enforcement of NRS 584.215 to 584.285,
inclusive.
[Part 5:167:1921; A 1955, 282]—(NRS A 2001, 2433)
NRS 584.270 Commission to investigate and test milk upon complaint of
licensed milk producer. The
Commission, on complaint of any licensed milk producer, showing good cause
therefor, that the tests made by any licensed tester are incorrect or
inaccurate, shall investigate and test milk from the producer, at the source,
until the Commission is satisfied as to the correctness or incorrectness of the
complaint.
[Part 2:167:1921; A 1951, 441]—(NRS A 2001, 2433)
NRS 584.275 Unlawful acts concerning official test; cream to be weighed into
bottle.
1. It is unlawful for any person for
himself or herself or as the agent, servant, employee or officer of any person,
firm or corporation receiving or purchasing milk or cream on the basis of the
amount of butterfat contained therein to:
(a) Underread, overread or otherwise fraudulently
manipulate the official test used for determining the percent of butterfat in
milk or cream;
(b) Falsify the records thereof; or
(c) Use any other test or deviate from an
accepted procedure unless it is approved by the Commission.
2. In all tests for cream, the cream must
be weighed into the bottle used for testing.
[Part 2:167:1921; A 1951, 441]—(NRS A 1983, 214; 2001, 2434)
NRS 584.280 Fraudulent manipulation of weight, measure or test unlawful.
1. It shall be unlawful for any hauler of
milk or cream, other than a common carrier, or any person, firm or corporation
receiving or purchasing milk or cream by weight or test or both, or by measure
or test or both, fraudulently to manipulate the weight, measure or test of milk
or cream, or to take unfair samples thereof, or fraudulently to manipulate such
samples.
2. Such hauler or other agent shall weigh
or measure the milk or cream of each patron accurately and correctly and shall
report such weights and measurements accurately and correctly to the creamery
or factory. The hauler or other agent shall thoroughly mix the milk or cream of
each patron, by pouring or stirring until such milk or cream is uniform and
homogenous in richness, before the sample is taken from such milk or cream.
3. When the weighing or sampling is done
at the creamery, shipping station or factory, the same rule shall apply.
[1:167:1921; NCL § 2275]
NRS 584.285 Penalty. Any person
violating any provision of NRS 584.215 to 584.285, inclusive, shall be guilty of a misdemeanor.
[10:167:1921; NCL § 2284]—(NRS A 1967, 619; 2013, 2740)
STABILIZATION AND MARKETING OF FLUID MILK AND FLUID CREAM
General Provisions
NRS 584.325 Definitions. As
used in NRS 584.325 to 584.670,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 584.335 to 584.385,
inclusive, have the meanings ascribed to them in those sections.
[18:387:1955]—(NRS A 1987, 154; 2001, 2434)
NRS 584.335 “Consumer” defined. “Consumer”
means any person who purchases fluid milk, fluid cream or dairy products for
consumption.
[30:387:1955]
NRS 584.340 “Dairy products” defined. “Dairy
products” includes any product manufactured from milk or any derivative or
product of milk.
[23:387:1955]
NRS 584.345 “Distributor” defined.
1. “Distributor” means any person, whether
or not the person is a producer or an association of producers, who purchases
or handles fluid milk, fluid cream or any other dairy product for sale,
including brokers, agents, copartnerships, cooperative corporations, and
incorporated and unincorporated associations.
2. The term does not include any of the
following:
(a) Any retail store that is not engaged in
processing and packaging fluid milk or fluid cream or does not purchase,
transport into the state, or otherwise receive for resale, fluid milk, fluid
cream or any other dairy product from sources outside this state.
(b) Any establishment, where fluid milk or fluid
cream is sold only for consumption on the premises, that is not engaged in
processing and packaging fluid milk or fluid cream.
(c) Any person who owns or controls one or more
retail stores or owns or controls one or more establishments where fluid milk
or fluid cream is sold for consumption on the premises.
(d) Any producer who delivers fluid milk or fluid
cream only to a distributor.
[25:387:1955]—(NRS A 1959, 894; 1979, 1307; 2013, 608)
NRS 584.350 “Fluid cream” defined. “Fluid
cream” means cream or any mixture of cream and milk or skim milk containing 9
percent or more of butterfat, with or without the addition of any other
ingredient, which is not packaged in hermetically sealed containers.
[22:387:1955]—(NRS A 2013, 609)
NRS 584.355 “Fluid milk” defined. “Fluid
milk” means any milk product in fluid or frozen form containing less than 9
percent butterfat, including, without limitation, milk, fat-free milk, low-fat
milk, light milk, reduced-fat milk, eggnog and cultured buttermilk. The term
does not include any:
1. Evaporated or condensed milk;
2. Formula for infants or for dietary use
that is packaged in a hermetically sealed container; or
3. Product which contains less than 6.5
percent nonfat milk solids and whey.
[21:387:1955]—(NRS A 2013, 609)
NRS 584.357 “Fresh dairy products” defined. “Fresh
dairy products” includes, but is not limited to, buttermilk, skim milk, ice
cream, ice milk mix, sherbet, sour cream, eggnog, yogurt, butter and cottage
cheese, without regard to the class of fluid milk or fluid cream which is used
to make those products.
(Added to NRS by 1987, 154; A 2013, 609)
NRS 584.360 “Marketing area” defined. “Marketing
area” is any area within this state declared to be such in the manner
prescribed in NRS 584.325 to 584.670,
inclusive.
[28:387:1955]
NRS 584.370 “Producer” defined.
1. “Producer” means any person who
produces fluid milk from five or more lactating mammals in conformity with the
applicable health regulations of the place in which it is sold.
2. “Producer” includes any association of
producers.
[24:387:1955]—(NRS A 2013, 609)
NRS 584.375 “Producer-distributor” defined.
1. “Producer-distributor” means any person
who is both a producer and a distributor of fluid milk and fluid cream.
2. For the purposes of NRS 584.325 to 584.670,
inclusive, a producer-distributor shall be deemed to be a producer in any
transaction involving the delivery of fluid milk or fluid cream produced by the
producer-distributor to a distributor and shall be deemed to be a distributor
in any transaction involving the delivery of fluid milk or fluid cream to a
person who is not a distributor as defined in NRS
584.345.
[26:387:1955]
NRS 584.380 “Retail store” defined. “Retail
store” means any person owning or operating a retail grocery store, restaurant,
confectionery or other similar business, where fluid milk, fluid cream or any
fresh dairy product is sold to the general public.
[27:387:1955]—(NRS A 1977, 1638; 1987, 154)
NRS 584.385 “Stabilization and marketing plan” defined. “Stabilization and marketing plan” means any
plan formulated and made effective by the Commission within the legislative
standards provided by NRS 584.325 to 584.670, inclusive.
[29:387:1955]
NRS 584.390 Business affected with public interest; purpose of provisions. The production and distribution of fluid milk
and of fluid cream is hereby declared to be a business affected with a public
interest. The provisions of NRS 584.325 to 584.670, inclusive, are enacted in the exercise of
police powers of this state for the purpose of protecting the health and
welfare of the people of this state.
[12:387:1955]—(NRS A 1977, 1638)
NRS 584.395 Statements of fact and policy. The
Legislature declares that:
1. Fluid milk, fluid cream and other dairy
products are necessary articles of food for human consumption.
2. The production and maintenance of an
adequate supply of healthful dairy products is vital to the public health and
welfare.
3. The production, transportation,
processing, storage, distribution or sale of fluid milk, fluid cream and other
dairy products in the State of Nevada is an industry affecting the public
health and welfare.
4. It is the policy of this state to:
(a) Promote, foster and encourage economical
production and orderly marketing of dairy products necessary to its citizens,
including milk;
(b) Promote the economic viability of the dairy
industry to ensure the availability of pure, fresh and wholesome dairy products
necessary for its citizens; and
(c) Eliminate speculation, waste, improper
marketing, unfair and destructive trade practices and improper accounting for
milk purchased from producers.
[13:387:1955]—(NRS A 2013, 609)
NRS 584.400 Necessity for marketing areas; administrative authority of
Commission. It is recognized by
the Legislature that conditions within the milk industry of this state are such
that it is necessary to establish marketing areas wherein different regulations
are necessary, and for that purpose the Commission shall have the
administrative authority, with such additional duties as are herein prescribed,
after investigation and public hearing, to prescribe such marketing areas and
modify the same when advisable or necessary.
[14:387:1955]
NRS 584.405 Legislative determination. The
foregoing statements in NRS 584.390, 584.395 and 584.400, of
facts, policy and application of NRS 584.325 to 584.670, inclusive, are hereby declared a matter of
legislative determination.
[15:387:1955]
NRS 584.410 Purposes. The
purposes of NRS 584.325 to 584.670,
inclusive, are:
1. To provide money for the administration
and enforcement of the provisions of this chapter by assessments to be paid by
producers of fluid milk or fluid cream, or both, and from licenses issued to
distributors in the manner prescribed herein.
2. To authorize and enable the Commission
to prescribe marketing areas and to fix prices at which fluid milk or fluid
cream, or both, may be sold by producers, distributors and retailers, which
areas and prices are necessary due to varying factors of costs of production,
health regulations, transportation and other factors in the marketing areas of
this state, but the price of fluid milk or fluid cream within any marketing
area must be uniform for all purchasers of fluid milk or fluid cream of similar
grade or quality under like terms and conditions.
3. To authorize and enable the Commission
to formulate stabilization and marketing plans subject to the limitations
prescribed in NRS 584.325 to 584.670,
inclusive, with respect to the contents of the stabilization and marketing
plans and to declare the plans in effect for any marketing area.
4. To promote the economic viability of
the dairy industry in this State by developing and maintaining satisfactory
marketing conditions, creating a reasonable amount of stability in the
production and marketing of fluid milk, fluid cream and other dairy products
and enhancing the knowledge of the members of the public concerning the
nutritional value of pure, fresh and wholesome fluid milk, fluid cream and
other dairy products.
[16:387:1955]—(NRS A 1959, 894; 1975, 1492; 2001, 2434; 2013, 610)
NRS 584.415 Construction.
1. It is the intent of the Legislature
that the powers conferred in NRS 584.325 to 584.670, inclusive, shall be liberally construed.
2. Nothing in NRS
584.325 to 584.670, inclusive, shall be
construed as permitting or authorizing the development of conditions of
monopoly in the production or distribution of fluid milk or fluid cream.
3. The terms and conditions under which
producers, distributors and retailers may sell, purchase and distribute fluid
milk or fluid cream shall be established by the commission for the purpose of
insuring an adequate and continuous supply of pure, fresh, wholesome fluid milk
and fluid cream to consumers at fair and reasonable prices in the several
localities and markets of the State and under the varying conditions of
production and distribution.
[17:387:1955]—(NRS A 1959, 895)
NRS 584.419 Applicability to retail stores. NRS 584.325 to 584.670,
inclusive, apply to retail stores in the following particulars only:
1. The examination by the Commission of
the purchase records of retail stores from distributors.
2. The unfair practices prohibited in NRS 584.581, 584.582 and 584.583, and the penalties provided in NRS 584.670.
3. The provisions of any stabilization and
marketing plan which includes retail stores.
4. The provisions for discounts to elderly
consumers.
[78:387:1955]—(NRS A 1957, 265; 1959, 899; 1979, 1315; 1983, 260)—(Substituted
in revision for NRS 584.690)
Formation and Adoption of Stabilization and Marketing Plan
NRS 584.547 Authority to formulate plan. The
Commission may formulate any stabilization and marketing plan as prescribed in NRS 584.325 to 584.670,
inclusive, and declare the same effective after public hearing and reasonable
notice by mail or otherwise to all producers and distributors of record with
the Commission affected by such plan.
[40:387:1955]—(Substituted in revision for NRS
584.515)
NRS 584.550 Designation of marketing areas; additional areas; modification
or consolidation of areas.
1. The Commission shall designate
marketing areas which it deems necessary or advisable to effectuate the
purposes of NRS 584.325 to 584.670,
inclusive, and wherein it finds the conditions affecting the production,
distribution and sale of fluid milk, fluid cream and other dairy products are
reasonably uniform.
2. The Commission may establish additional
areas or modify areas theretofore established when it deems the establishment
or modification of such areas necessary or advisable to effectuate the purposes
of NRS 584.325 to 584.670,
inclusive.
3. When the Commission finds, after a
public hearing in and for each particular marketing area under consideration
for consolidation, that conditions of production and distribution are
reasonably uniform in two or more such marketing areas wherein stabilization
and marketing plans are in effect, it may consolidate the area, provided that
at the hearings more than 35 percent of the producers present who supply the
areas proposed to be consolidated do not object to such consolidation.
[50:387:1955]—(NRS A 2013, 610)
NRS 584.555 Hearing to determine whether producers desire fluid milk or
fluid cream plan. The Commission
shall, prior to the formulation of a stabilization and marketing plan for fluid
milk or fluid cream for any marketing area, conduct a public hearing in the
area for the purpose of determining whether or not producers whose major
interest in the fluid milk or fluid cream business is in the production of
fluid milk or fluid cream for the marketing area, and who represent not less
than 65 percent of the total number of producers whose major interest in the
fluid milk or fluid cream business is in the production of fluid milk or fluid
cream for the marketing area, and who produce not less than 65 percent of the
total volume of the fluid milk or fluid cream produced for the marketing area
by all such producers, desire that a stabilization and marketing plan for fluid
milk or fluid cream be formulated for the area; but if a petition is presented
to the Commission by the producers whose major interest in the fluid milk or
fluid cream business is in the production of fluid milk or fluid cream for the
marketing area, and who represent not less than 65 percent of the total number
of producers whose major interest in the fluid milk or fluid cream business is
in the production of fluid milk or fluid cream for the marketing area, and who
produce not less than 65 percent of the total volume of the fluid milk or fluid
cream produced for the marketing area by all such producers, it is not
necessary that the hearing be held.
[51:387:1955]—(NRS A 2013, 610)
NRS 584.560 Hearing to determine whether producers desire fluid cream plan. Repealed. (See chapter 173, Statutes of Nevada
2013, at page 615.)
NRS 584.565 Formulation of plan: Notice; hearing; order declaring plan in
effect.
1. If the Commission finds that a
stabilization and marketing plan is necessary to accomplish the purposes of NRS 584.325 to 584.670,
inclusive, it shall formulate a stabilization and marketing plan for fluid milk
or fluid cream, or both, for such area and issue a notice of public hearing
upon the plan formulated to all producers and distributors of record with the
Commission who may be subject to the provisions of the plan.
2. The notice of hearing may be effected
by mail or by publication for 5 successive days in a newspaper of general
circulation in the area designated and must specify the time and the place of
the hearing, which must not be held before 10 days from the mailing or from the
final publication of the notice, but if no daily newspaper of general
circulation is published in the area designated, publication of notice for 2
successive weeks in a weekly newspaper of general circulation in the area will
be considered proper publication of notice.
3. At the hearing, which must be held in
the area to which the plan applies, interested persons shall be heard and
records kept of the hearing for determination by the Commission whether the
plan proposed will accomplish the purposes of NRS
584.325 to 584.670, inclusive.
4. If, after public hearing, the
Commission determines that the proposed plan will tend to accomplish the
purposes of NRS 584.325 to 584.670,
inclusive, within the standards herein prescribed, it shall issue an order to
all producers and distributors of record with the Commission and subject to the
provisions of the plan, declaring the plan in effect within 30 days from the
date of the hearing.
[53:387:1955]—(NRS A 1979, 1308)
NRS 584.566 Amendment or termination of plan: Procedure.
1. In addition to procedures provided for
in subsections 3 and 4, the Commission may amend or terminate any stabilization
and marketing plan, after notice and public hearing as prescribed in NRS 584.550 to 584.565,
inclusive, if it finds that the plan is no longer in conformity with the
standards prescribed in, or will not tend to effectuate the purposes of, NRS 584.325 to 584.670,
inclusive.
2. The hearing may be held upon the motion
of the Commission and must be held if a proper petition is filed. The
Commission shall hold the hearing in the marketing area to which the plan
applies.
3. If producers wish to abandon an
existing stabilization and marketing plan and establish a Federal Milk
Marketing Order or other similar type of milk marketing order, the Commission
may continue a marketing and stabilization plan in effect for any given area,
insofar as wholesale and retail provisions are concerned, whenever it appears
that 55 percent of the distributors in any given area, whose major interest in
the fluid milk and fluid cream business consists of at least 55 percent of the
fluid milk and fluid cream distributed within the area by volume, desire that
the wholesale and retail provisions, including price regulations, be continued.
4. Areas which are nonproducing may
terminate a stabilization and marketing plan which affects wholesale and retail
prices if 55 percent of the licensed distributors delivering 55 percent of the
products to that area wish to terminate the plan after notice and public
hearing as prescribed in NRS 584.550 to 584.565, inclusive.
[41:387:1955]—(NRS A 1959, 895; 1977, 1639; 1979, 1307)—(Substituted
in revision for NRS 584.520)
NRS 584.567 Amendment or termination of plan: Petition; hearing.
1. An amendment or termination of a
stabilization and marketing plan may be initiated by filing a petition with the
Commission. The petition, filed in four copies, must include:
(a) The name and address of every person joining
in the petition. If the petitioner is a cooperative association of producers, a
partnership or corporation, the names of the authorized representative or
representatives thereof shall be listed.
(b) A concise statement of the specific relief
requested.
(c) A specific statement of the reasons why such
relief is needed.
(d) A statement of the substantiating evidence.
2. The petition must be signed by the
petitioners, and an affidavit must accompany each petition stating that the
facts therein are true and correct to the best of the petitioners’ knowledge,
information and belief.
3. There must be attached as an exhibit to
the original copy only of each petition filed substantiating evidence in support
of the petition. Additional information must be supplied to the Commission upon
request.
4. Any person may, before the hearing,
examine a copy of the petition and accompanying statements, but not the
exhibits attached thereto, and file an answer, protest or any other statement
concerning the petition.
5. At the hearing, the burden of proof is
on the petitioners to show by clear and satisfactory evidence that the
amendment or termination of a plan is necessary.
6. After the petitioners have presented
their evidence, the Commission staff shall, and any other person may, present
evidence in support of or in protest of the proposed action.
(Added to NRS by 1975, 1496; A 1977, 1640; 1979, 1308)—(Substituted
in revision for NRS 584.522)
NRS 584.568 Minimum prices; discounts.
1. Each stabilization and marketing plan
may contain provisions fixing the price at which fluid milk and fluid cream is
sold by producers, distributors and retailers and must contain provisions
regulating all discounts allowed by producers, distributors and retailers,
except those discounts offered by retailers to elderly consumers.
2. If the Commission establishes minimum
prices to be paid by distributors to producers, the Commission shall consider,
but is not limited to considering, the following factors:
(a) Cost of production.
(b) Reasonable return upon capital investment.
(c) Producer transportation costs.
(d) Cost of compliance with health regulations.
(e) Current and prospective supplies of fluid
milk and fluid cream in relation to current and prospective demands for such
fluid milk and fluid cream.
3. If the Commission establishes minimum
prices to be paid by retailers to wholesalers and by consumers to retailers,
the Commission shall consider, but is not limited to considering, the following
factors:
(a) The quantities of fluid milk or fluid cream,
or both, distributed in the marketing area covered by the stabilization and
marketing plan.
(b) The quantities of fluid milk or fluid cream,
or both, normally required by consumers in such marketing area.
(c) The cost of fluid milk and fluid cream to
distributors and retail stores, which is the price paid by distributors to
producers and the price paid by wholesale customers to distributors, as
established pursuant to NRS 584.325 to 584.670, inclusive.
(d) The reasonable cost of handling fluid milk
and fluid cream incurred by distributors and retail stores, respectively,
including all costs of hauling, processing, selling and delivering by the
several methods used in such marketing area in hauling, processing, selling and
delivering, as such costs are determined by impartial audits of the books and
records, or surveys, or both, of all or such portion of the distributors and
retail stores, respectively, of each type or class in such marketing area as
are reasonably determined by the Commission to be sufficiently representative to
indicate the costs of all distributors and retail stores, respectively, in the
marketing area.
(Added to NRS by 1959, 899; A 1977, 1641; 1979, 1309; 1983, 258)
NRS 584.569 Discount on dairy products sold to elderly consumers.
1. A retailer may sell dairy products at a
discount to an elderly consumer. The discount must not be given to any consumer
who is less than 62 years of age.
2. The discount must not reduce the price
of the dairy product below the minimum retail price, if any, established by the
Commission.
3. A retailer who offers the discount
shall post a sign at the retailer’s retail store indicating the:
(a) Age of the consumers who may receive the
discount;
(b) Type of identification needed to obtain the
discount, if such identification is required by the retailer; and
(c) Amount of the discount.
(Added to NRS by 1983, 258)
NRS 584.575 Report to producer. Each
stabilization and marketing plan may contain provisions whereby distributors
shall report to each producer from whom fluid milk is secured, the volume of
fluid milk received from such producer in pounds of milk, the milk fat test of
the milk, and both the number of pounds of fluid milk and the number of milk
fat pounds paid for in the several classes and the prices paid for the various
classes for each month.
[55:387:1955]—(NRS A 1979, 1310)
NRS 584.578 Cooperation with other authorities; enforcement of plans. The Commission may confer, enter into
agreements, or otherwise arrange with the constituted authorities of this
state, other states or agencies of the United States with respect to plans
relating to the stabilization and distribution of fluid milk and fluid cream
within this state or as between this state and other states or the United
States, and may exercise its powers hereunder to effectuate and enforce such
plans.
[48:387:1955]—(Substituted in revision for NRS
584.540)
NRS 584.580 Purchase of milk from noncomplying producers; limitation on
production. No distributor subject
to the provisions of any stabilization and marketing plan shall purchase milk
from producers who cannot comply with the provisions of NRS
584.325 to 584.670, inclusive, in such plan. No
such plan shall involve a limitation upon the production of fluid milk or fluid
cream.
[56:387:1955]
Unfair Trade Practices and Investigation of Marketing and
Pricing Practices
NRS 584.581 Certain practices of distributors prohibited whether
stabilization and marketing plan in effect or not.
1. No distributor may engage in any of the
practices set forth in paragraphs (a) to (d), inclusive, of subsection 2,
whether or not a stabilization and marketing plan is in effect in the area in
which the distributor carries on his or her business.
2. Each stabilization and marketing plan
must contain provisions for prohibiting distributors and retail stores from
engaging in the unfair practices set forth in this subsection:
(a) The payment, allowance or acceptance of
secret rebates, secret refunds or unearned discounts by any person, whether in
the form of money or otherwise.
(b) The giving of any milk, cream, dairy
products, services or articles of any kind, except to bona fide charities, for
the purpose of securing or retaining the fluid milk or fluid cream business of
any customer.
(c) The extension to certain customers of special
prices or services not made available to all customers who purchase fluid milk,
fluid cream or any other dairy products of like quantity under like terms and
conditions.
(d) The purchase of any fluid milk in excess of
200 gallons monthly from any producer or association of producers unless a
written contract has been entered into with the producer or association of
producers stating the amount of fluid milk to be purchased for any period, the
quantity of milk to be paid for as class 1 in pounds of milk, pounds of milk
fat or gallons of milk, and the price to be paid for all milk received. The
contract must also state the date and method of payment for the fluid milk,
which must be that payment must be made for approximately one-half of the milk
delivered in any calendar month not later than the 1st day of the next
following month and the remainder not later than the 15th day of the month, the
charges for transportation if hauled by the distributor, and may contain other
provisions which are not in conflict with NRS 584.325
to 584.670, inclusive. The contract must also
provide that the producer is not obligated to deliver in any calendar month
fluid milk which is to be paid for at the lowest class price for milk usage
established by the Commission for that area. A signed copy of the contract must
be filed by the distributor with the Commission within 5 days from the date of
its execution.
Ê The
provisions of this subsection relating to dates of payment do not apply to
contracts for the purchase of fluid milk from nonprofit cooperative
associations of producers.
3. This section does not apply to
discounts offered by a retail store to elderly consumers.
[54:387:1955]—(NRS A 1957, 264; 1959, 896; 1975,
1494; 1977,
1642; 1979,
1310; 1983,
259; 2013,
611)
NRS 584.582 Unlawful manipulation of prices. It
is unlawful for any distributor or retailer to manipulate the prices of fluid
milk, fluid cream or any fresh dairy product for the purpose of injuring,
harassing or destroying competition.
(Added to NRS by 1975, 1497; A 1987, 155)
NRS 584.583 Sale of milk, cream or fresh dairy products below cost.
1. No distributor or retailer may sell
fluid milk, fluid cream or any fresh dairy product below cost.
2. Each distributor shall provide to the
Commission a statement of costs in accordance with the appropriate
stabilization and marketing plan.
3. The provisions of this section do not
prohibit a retailer from donating or discounting a dairy product within 48
hours before midnight of the date of expiration printed on the dairy product.
4. As used in this section, “cost” means:
(a) When applied to a distributor, the total
consideration paid or exchanged for a raw product, plus the total expense
incurred for manufacturing, processing, handling, sale and delivery of the raw
product.
(b) When applied to a retailer, the invoice price
charged to the retailer for the raw product or the cost of replacement of the
raw product, whichever is less, plus the retailer’s cost of doing business.
(Added to NRS by 1959, 900; A 1975, 1495; 1979, 1311; 1983, 1239; 1987, 155; 2007, 2119; 2013, 612)
NRS 584.5835 Restrictions on sale of substitute dairy products by
distributor. Repealed. (See
chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.584 Distributor may meet competitive prices in sale of fluid milk,
fluid cream or any other dairy products; information to be filed with
Commission. The provisions of NRS 584.583 do not authorize the development of conditions
of monopoly in production or distribution of fluid milk, fluid cream or any
other dairy products, and a distributor or retailer who meets in good faith a
lawful competitive price is not subject to any penalty provided in NRS 584.325 to 584.670,
inclusive, if the distributor or retailer files with the Commission information
detailing the circumstances surrounding the lawful competitive price within 5
days after each occurrence. The information must include the name and address
of the distributor or retailer and the customer involved, the competitive
price, the effective date of the price or condition, and the name and address
of the competing distributor or retailer.
(Added to NRS by 1959, 901; A 1977, 1642; 1987, 156; 2013, 613)
NRS 584.585 Duty of Commission to prescribe unfair trade practices and
investigate marketing and pricing practices. Pursuant
to the declaration and statement of facts, policy and purposes set forth in NRS 584.325 to 584.670,
inclusive, the Commission is hereby vested with the additional administrative
duty and authority to prescribe unfair trade practices and investigate
marketing and pricing practices within marketing areas for later legislative
recommendation.
[57:387:1955]
NRS 584.590 Investigation of prices in marketing area: Notice; hearing;
record.
1. In investigating prices in any
marketing area, the Commission may first make an investigation in the marketing
area to establish facts necessary to permit it to carry out the intent of NRS 584.585 and this section within the standards
prescribed in this section. In making the investigation, the Commission may,
upon notice, examine the books and records of distributors and the purchase of
dairy products by retail stores in the marketing area and may hold one or more
public hearings, take testimony and may subpoena witnesses. Any public hearing
must be held in the marketing area. All testimony received at public hearings
must be under oath.
2. Notice of any hearing held by the
Commission pursuant to NRS 584.585 and this section
must be given by the Commission to every distributor and retail store in the
marketing area whose name appears upon the records of the Commission or who
files a request for the same with the Commission, by mail or by publication.
The notice of hearing may be effected by mail, or by publication for 5
successive days in a newspaper of general circulation in the area designated,
and must specify the time and place of the hearing, which must not be held
before 10 days from the mailing or from the final publication of the notice;
but if no daily newspaper of general circulation is published in the area
designated, publication of notice for 2 successive weeks in a weekly newspaper
of general circulation in the area will be considered proper publication of
notice.
3. A record of any hearings held by the
Commission pursuant to NRS 584.585 and this section
must be made and filed in the office of the Commission and must be kept
available at all times for inspection by any interested person.
[58:387:1955]—(NRS A 1977, 642; 1979, 1312)
Licensing of Distributors
NRS 584.595 License required to distribute dairy products; procedure for
application; renewal; amendment; notification of Commission required if certain
civil or criminal actions are brought against licensee or member of senior
management of licensee.
1. No distributor may deal in fluid milk,
fluid cream or any other dairy product without first having obtained a license
from the Commission.
2. The license required by this section is
in addition to any license otherwise required by law.
3. Application for a license must be made
on forms prescribed by the Commission, accompanied by a fee of $25 and must
state the name and address of the applicant and such details as to the nature
of the applicant’s business as the Commission may require. The applicant must
satisfy the Commission:
(a) Of the applicant’s good faith, character and
responsibility in seeking to carry on the business stated in the application.
The applicant shall furnish the Commission with information regarding all civil
or criminal actions brought by any governmental agency against the applicant,
or any member of the senior management of the applicant, within the most recent
10 years, where the character or reputation for honesty, competence or
integrity of the applicant or any member of the senior management of the
applicant was brought into question, regardless of whether the action resulted
in a reprimand, fine, penalty or conviction.
(b) That the applicant has complied with the
provisions of this chapter and the regulations adopted by the Commission.
4. Licenses must be issued for a 12-month
period from the first day of each year or for the remainder of the calendar
year from the date of issuance. A license issued pursuant to this section is
not transferable.
5. Application for renewal of a license
for the following year by a licensee, accompanied by the fee of $25, must be
submitted to the Commission before the expiration date of the license held, and
if not so made, the applicant shall pay an additional sum equal to the
application fee before the license may be issued.
6. Application for an amendment to an
existing license must be accompanied by a fee of $25 and made upon forms
prescribed by the Commission.
7. If a civil or criminal action is
brought by any governmental agency against a licensee, or any member of the
senior management of the licensee, where the character or reputation for
honesty, competence or integrity of the licensee or any member of the senior
management of the licensee is brought into question, the licensee shall
immediately notify the Commission and provide the Commission with information
regarding that action.
[59:387:1955]—(NRS A 1959, 897; 1979, 1312; 1985, 1577; 2003, 367)
NRS 584.600 Bond: Amount; form and conditions; proceedings for enforcement.
1. Every distributor, before purchasing
any fluid milk or fluid cream directly from a producer, must execute and
deliver to the Commission a surety bond in an amount specified by the
Commission by regulation and executed by the applicant as principal and by a
surety company qualified and authorized to do business in this state as surety.
2. The bond must be upon a form approved
by the Commission and must be conditioned upon the payment in the manner
required by NRS 584.325 to 584.670,
inclusive, of all amounts due to producers for fluid milk and fluid cream
directly purchased by such licensee or applicant during the license year. The
bond must be to the State in favor of every producer of fluid milk and fluid
cream who sells directly to a distributor.
3. In case of failure by a distributor to
pay any producer for fluid milk or fluid cream directly purchased by the
distributor in the manner required by NRS 584.325
to 584.670, inclusive, the Commission shall proceed
forthwith to ascertain the names and addresses of all producer-creditors of the
distributor who sell directly to the distributor, together with the amounts due
and owing to them and each of them by the distributor, and shall request all
such producer-creditors to file a verified statement of their respective claims
with the Commission. Thereupon, the Commission shall bring an action on the
bond on behalf of the producer-creditors who sell directly to the distributor.
4. Upon any action being commenced upon
the bond, the Commission may require the filing of a new bond and immediately
upon a recovery in any action upon such bond, such distributor shall file a new
bond, and upon failure to file the same within 10 days in either case, such
failure constitutes grounds for the revocation or suspension of the license of
such distributor.
5. In the event that recovery upon the
bond is not sufficient to pay all of the claims as finally determined and
adjudged by the court, any such amount recovered must be divided pro rata among
the producer-creditors.
[60:387:1955]—(NRS A 2013, 613)
NRS 584.605 Amount of bond. Repealed.
(See chapter 173, Statutes of Nevada 2013, at page 615.)
NRS 584.610 Increase of purchases. In
the event that any distributor so increases the distributor’s purchases of
fluid milk during the license year that such purchases exceed the amount for
which the distributor is bonded, the distributor shall within a reasonable time
post an additional bond or bonds as may be required to comply with the
provisions of NRS 584.595 to 584.645,
inclusive.
[62:387:1955]
NRS 584.615 Applicability of provisions requiring licenses and bonds.
1. The licenses and bonds provided for in NRS 584.595 to 584.645,
inclusive, are required for each distributor, and for the purposes of NRS 584.595 to 584.645,
inclusive, each subsidiary milk processing plant or branch milk processing
plant, whether under one ownership or not, is an individual distributor.
2. No bond is required of a cooperative
association of producers.
[63:387:1955]—(NRS A 2013, 614)
NRS 584.625 Failure to execute and deliver bond or post additional bond. Failure of any distributor who purchases fluid
milk or fluid cream directly from producers to execute and deliver the bond as
herein provided and required constitutes a violation of NRS
584.325 to 584.670, inclusive. Failure of any
such distributor to post such additional bond or bonds as may be required to
comply with the provisions of NRS 584.325 to 584.670, inclusive, likewise constitutes a violation
of NRS 584.325 to 584.670,
inclusive.
[65:387:1955]—(NRS A 2013, 614)
NRS 584.640 Distributor purchasing from producer-distributor: When bond not
required; notice to Commission; record of purchases; reports.
1. No bond is required of any distributor
who purchases fluid milk, fluid cream or any fresh dairy product from a
distributor who processes fluid milk, fluid cream or any fresh dairy product,
if:
(a) The buyer at the time of obtaining possession
or control of each delivery pays for the delivered product in full in lawful
money; and
(b) The fluid milk, fluid cream or fresh dairy
product is purchased in packages ready for human consumption and not in bulk.
2. Any distributor, before purchasing
fluid milk, fluid cream or any fresh dairy product on the terms stated in
subsection 1, shall notify the Commission of the intention to make the
purchases, stating from whom and the anticipated average daily quantity of the
purchases. The distributor shall also:
(a) Keep a record of the purchases, showing the
date and the amount of each purchase and the name of the seller; and
(b) Make such other and further reports to the
Commission as it may from time to time require.
[68:387:1955]—(NRS A 1987, 157)
NRS 584.643 Emergency cases: Shortening time for hearing; service of notice;
place of hearing.
1. Whenever the Commission is satisfied,
either by investigation or after hearing, that a distributor is unable to pay
for fluid milk or fluid cream purchased from producers and is further satisfied
that to permit the distributor to continue to purchase and receive fluid milk
or fluid cream from producers would be likely to cause serious and irreparable
loss to producer-creditors and other producers, then the Commission within its
discretion may thereupon and forthwith shorten the time for hearing and
thereupon may issue an order to show cause why the license of the distributor
should not be forthwith suspended or revoked; but the time of notice of the
hearing shall in no event be less than 5 days.
2. At such hearing the distributor
proceeded against shall be ordered to show cause why the distributor’s license
should not be suspended or revoked or continued under such conditions and
provisions, if any, as the Commission may consider just and proper and for the
protection of the best interests of the producer-creditors and producers from
whom the distributor has been and is receiving fluid milk or fluid cream.
3. Following such hearing, the decision of
the Commission shall become effective at its discretion.
4. The hearing, in the case of such
emergency, may be called upon written notice, the notice to be served
personally or by mail on the distributor involved, and may be held at the
nearest office of the Commission or at such place as may be most convenient in
the discretion of the Commission for the attendance of all parties involved.
[76:387:1955]—(Substituted in revision for NRS
584.680)
NRS 584.645 Inapplicability to retail stores. The
provisions of NRS 584.595 to 584.645,
inclusive, with respect to licenses shall not apply to retail stores as such
stores are defined in NRS 584.380.
[69:387:1955]
Assessments
NRS 584.647 Assessments on fluid milk and fluid cream. The Commission shall assess each distributor
of fluid milk or fluid cream a sum not exceeding one-quarter cent per pound on
all fluid milk or fluid cream distributed by the distributor.
[66:387:1955]—(NRS A 1959, 898; 1979, 1313; 1985, 1578; 2001, 2436)—(Substituted
in revision for NRS 584.630)
NRS 584.648 Assessments on butter and dairy products.
1. The Commission shall assess each
distributor of butter a sum not exceeding 2 cents per pound on all butter
distributed by the distributor.
2. The Commission shall assess all
distributors of dairy products a sum not exceeding 4 cents per gallon on all
ice cream, sherbet or ice cream or ice milk mixes, and a sum not exceeding 2
cents per pound on all cottage cheese and yogurt distributed by the
distributors.
(Added to NRS by 1959, 901; A 1977, 1643; 1979, 1313; 1981, 681; 1985, 1579; 1987, 157; 1991, 924; 2001, 2437; 2013, 614)
NRS 584.649 Commission may lower rate of assessment; date on which
assessment is due; penalty for delinquent payment.
1. The Commission may lower the rate of
any assessment required to be paid under NRS 584.647
or 584.648, whenever it finds that the cost of
administering the provisions of this chapter can be defrayed from revenues
derived from the lower rates.
2. A distributor shall pay the amount of
the assessment to the Commission on or before the 20th of the month following
the month during which the fluid milk, fluid cream, butter or dairy product was
distributed. If no sales or purchases were made during the month, the
distributor must file a report indicating that fact. If the payment is sent by
mail, it is subject to the provisions of NRS
238.100.
3. If payments of assessments are not made
as provided in subsection 2, the Commission shall charge, as a penalty for the
late payment, the amount of $10 or 10 percent of the total amount due but
remaining unpaid, whichever is greater.
[67:387:1955]—(NRS A 1959, 898; 1979, 1314; 1985, 1579; 1987, 157; 2001, 2437; 2003, 368; 2013, 614)
Reports
NRS 584.650 Records of distributors and cooperative organizations of
producers. Every distributor who
purchases fluid milk or fluid cream from a producer and every producer
cooperative organization which handles milk for its members or other producers
shall make and keep for 3 years a correct record showing in detail the
following information for each producer with reference to the handling, sale or
storage of the fluid milk or fluid cream:
1. The name and address of the producer.
2. The date the fluid milk or fluid cream
was received.
3. The amount of fluid milk or fluid cream
received.
4. The official butterfat test of the
fluid milk or fluid cream.
5. The usage of the fluid milk or fluid
cream.
6. Evidence of payment for the fluid milk
or fluid cream purchased or handled.
[70:387:1955]—(NRS A 1975, 1496; 1979, 1314)
NRS 584.655 Confidentiality of records and reports. Any
record or report made to the Commission pursuant to the provisions of NRS 584.650 shall be confidential and shall not be
divulged except as otherwise provided in NRS
239.0115 and except when necessary for the proper determination of any
court proceedings or hearing before the Commission.
[71:387:1955]—(NRS A 2007, 2120)
Penalties
NRS 584.670 Criminal and civil penalties; grounds for refusal, suspension or
revocation of license.
1. The violation of any provision of NRS 584.325 to 584.670,
inclusive, or of any stabilization and marketing plan, including any price
requirements of such a plan, or of any of the unfair practice provisions set
forth in those sections, is a misdemeanor, and also is ground for revocation or
suspension of a license in the manner set forth in NRS
584.325 to 584.670, inclusive.
2. Every distributor shall pay for fluid
milk or fluid cream delivered to the distributor at the time and in the manner
specified in the contract with the producer. Failure to make such a payment is
ground for refusal, suspension or revocation of a license in the manner set
forth in NRS 584.325 to 584.670,
inclusive.
3. In addition to any other penalty
provided by NRS 584.325 to 584.670,
inclusive, the Commission may impose a penalty of not more than $1,000 for each
violation, to be recovered by the Commission in a civil action in a court of
competent jurisdiction. All sums recovered under this subsection must be
deposited with the State Treasurer for credit to the State General Fund.
[74:387:1955]—(NRS A 1959, 899; 1977, 1643; 1979, 1314; 1981, 681; 2001, 2438)
