[Rev. 11/21/2013 12:26:48 PM--2013]

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 [Repealed.]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. [Effective January 1, 2014.]

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. [Effective January 1, 2014.]

      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, effective January 1, 2014)

      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)