NAC: CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRY AND EGGS

[Rev. 11/2/2026 2:48:18 PM]

CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRY AND EGGS

[NAC-583 Revised Date: 10-26]

MEAT AND FISH

583.010 Definitions and labeling of meat and meat products.

583.020 Stamps.

583.030 Form of stamps.

583.040 Game and uninspected products.

583.050 Adulterated meat, meat food products, poultry or poultry food products.

583.060 Sale and display of shellfish.

POULTRY

583.070 Poultry, rabbits, pheasants and similar products.

EGGS

583.080 Definitions.

583.090 General terms defined.

583.100 Terms descriptive of the shell defined.

583.111 Terms descriptive of the air cell defined.

583.121 Terms descriptive of the white defined.

583.131 Terms descriptive of the yolk defined.

583.141 Standards of quality for shell eggs of domesticated chickens.

583.151 Consumer grades for shell eggs.

583.161 Standards for size and weight classification of shell eggs.

583.171 Summary of grades for shell eggs.

583.201 Official samples.

MEAT AND POULTRY INSPECTION

583.211 Definitions.

583.215 “Antemortem inspection” defined.

583.225 “Carcass” defined.

583.231 “Color additive” defined.

583.233 “Custom processing” defined.

583.237 “Equipment” defined.

583.240 “Federal Food, Drug and Cosmetic Act” defined.

583.250 “Federal Meat Inspection Act” defined.

583.260 “Firm” defined.

583.270 “Food additive” defined.

583.275 “Hazard” defined.

583.277 “Inedible” defined.

583.295 “Mobile processing” defined.

583.320 “Pesticide chemical” defined.

583.325 “Postmortem inspection” defined.

583.327 “Poultry Products Inspection Act” defined.

583.330 “Prepared” defined.

583.340 “Raw agricultural commodity” defined.

583.345 “Specified risk material” defined.

583.350 Scope.

583.360 Authority of Officer.

583.370 Inspection service.

583.372 Application for permit to operate official establishment; fees; renewal; change of ownership or location.

583.374 License to operate custom processing establishment or mobile processing unit: Application; fees; plans for construction; inspection; renewal; change of ownership or location.

583.376 Requirements to remodel, renovate or alter official establishment, custom processing establishment or mobile processing unit.

583.378 Inspection services: Notice; provisional grant; requirements; inspections.

583.380 Appointment and duties of inspectors.

583.390 Inspectors: Access; destruction of condemned products; removal.

583.400 Antemortem examination.

583.410 Postmortem inspections.

583.420 Nighttime inspections.

583.430 Sanitation inspections.

583.440 Labeling and marking.

583.445 Marking with “Nevada Rejected” tag.

583.450 Reinspection before entry into official establishment; prohibition on entry or inspection at official establishment under certain circumstances.

583.451 Requirements for custom processing establishments and mobile processing units.

583.452 Recordkeeping by custom processing establishments and mobile processing units.

583.453 Custom processing establishments: Tagging and separating products for custom processing.

583.454 Mobile processing unit: Construction.

583.455 Mobile processing unit: Potable water tank; sanitization; wastewater.

583.456 Mobile processing unit: Equipment and utensils.

583.457 Mobile processing unit: Requirements if transporting carcasses, meat or poultry that has not been inspected.

583.458 Mobile processing unit: Standards for holder of license.

583.459 Mobile processing unit: Protection of carcasses from adulteration; prohibitions.

583.460 Labels: Prohibited acts.

583.470 Withdrawal of inspection services.

583.480 Bribes.

583.490 Seizure and condemnation.

583.493 Detention or embargo of meat or poultry in custom processing establishment or mobile processing unit.

583.495 Written warning: Contents; inspection; fee.

583.497 Suspension of license to operate custom processing establishment or mobile processing unit: Notice; hearing; reinstatement; fee.

583.500 Federal Meat Inspection Act.

583.505 Compliance with Humane Methods of Slaughter Act; exemption.

583.510 Federal assistance.

583.520 Adoption of federal regulations.

583.530 Exemptions.

SHELLFISH

583.532 Definitions.

583.534 “Certificate” defined.

583.536 “Facility” defined.

583.538 “Health Division” defined.

583.539 “Model ordinance” defined.

583.540 “Shellfish” defined.

583.542 “Wholesaler” defined.

583.546 Adoption by reference of Shellfish Sanitation Model Ordinance.

583.548 Certificate required to operate as wholesaler.

583.550 Certificate: Application; issuance; renewal; fees.

583.552 Certificate: Grounds for denial, suspension or revocation.

583.554 Certificate: Appeal of denial, suspension or revocation.

583.560 Requirements for affixing stamp.

583.570 Analysis of samples.

583.580 Handling and shipment.

583.590 Stamp to be affixed to tag; information required on tag.

_________

NOTE: The sections added to chapter 583 by sections 2 to 5, inclusive, of R088-15, 12-21-2016, have been codified as NAC 587.840 to 587.848, inclusive.

MEAT AND FISH

NAC 583.010 Definitions and labeling of meat and meat products. (NRS 583.055, 583.539) Definitions, labeling and the composition of meat and products not otherwise defined must be as described in the Regulations Governing Meat Inspection of the United States Department of Agriculture, 9 C.F.R. Parts 301 and 319.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1b, eff. 7-2-62; A 8-21-62; 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.020 Stamps. (NRS 583.055, 583.539)

1. Each official establishment must be issued a number for use on a stamp. Sufficient stamps bearing this number and the name of the plant must be provided.

2. Stamps must be affixed only by an authorized inspector. Stamps must remain in the possession of the authorized inspector at all times.

3. No other stamp may be used by an official establishment other than the approved stamp.

4. Stamps must be surrendered to the Department when approved inspection services are withdrawn.

5. As used in this section, “official establishment” has the meaning ascribed to it in NRS 538.375.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 7, eff. 7-2-62; A 8-21-62; renumbered as 5, 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.030 Form of stamps. (NRS 583.055, 583.539) The approved stamp authorized by NAC 583.020 must be the stamp of the Meat and Poultry Inspection Program of the United States Department of Agriculture indicating that the meat, meat food product, poultry or poultry food product has been processed and inspected and is in full compliance with Regulations Governing Meat Inspection of the United States Department of Agriculture or the approved stamp of Nevada indicating processing in accordance with NAC 583.211 to 583.530, inclusive.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1a, eff. 7-2-62; A 8-21-62]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.040 Game and uninspected products. (NRS 583.055, 583.539) Game and similar uninspected products are not to be stored before processing or processed with inspected meat products or poultry products. These products must be cleaned, prepared for processing and stored in a plant. These products must be handled and processed separately from other meats and foods.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1f, eff. 7-2-62; A 8-21-62; renumbered as 1e, 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.050 Adulterated meat, meat food products, poultry or poultry food products. (NRS 583.055, 583.539) The term “adulterated” applies to any carcass, part thereof, meat, meat food product, poultry or poultry food product which:

1. Bears or contains any poisonous or deleterious substance which may render it injurious to health. If the substance is not an added substance, the article is not considered adulterated if the quantity of the substance in or on the article does not ordinarily render it injurious to health.

2. Bears or contains, by reason of the administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:

(a) A pesticide chemical in or on a raw agricultural commodity;

(b) A food additive; or

3. Is, in whole or in part, a raw agricultural commodity and the commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug and Cosmetic Act.

4. Bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act.

5. Bears or contains any color additive which is unsafe within the meaning of section 721 of the Federal Food, Drug and Cosmetic Act if an article which is not adulterated under subsections 3 to 5, inclusive, is adulterated if use of the pesticide chemical, food additive or color additive in or on the article is prohibited by the regulations of the Department in establishments at which inspections are conducted.

6. Consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

7. Has been prepared, packed or held under unsanitary conditions where it may have become contaminated with filth or where it may have been rendered injurious to health.

8. Is, in whole or in part, the product of an animal which has died other than by slaughter.

9. Is in a container composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

10. Has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug and Cosmetic Act.

11. Has a valuable element that has been, in whole or in part, omitted or abstracted from it, any substance has been substituted, wholly or in part, for it, damage to it or inferiority has been concealed in any manner, or any substance has been added to it, mixed or packed, to increase its bulk or weight, reduce its quality or strength or make it appear better or of greater value than it is.

12. Is margarine containing animal fat and any of the raw material used therein consisting in whole or in part of any filthy, putrid or decomposed substance.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 6, eff. 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.060 Sale and display of shellfish. (NRS 439.200)

1. Shellfish must be sold and displayed only in its original container.

2. Shellfish for sale, shipment or distribution in Nevada must be certified and have on the container the assigned number authorized by the United States Public Health Service. The number and plant must be on the current approved list of shippers of shellfish of the Public Health Service.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1d, eff. 7-2-62; A 8-21-62; renumbered as 1c, 7-8-73]

POULTRY

NAC 583.070 Poultry, rabbits, pheasants and similar products. (NRS 583.055, 583.539)

1. Poultry for sale, shipment or distribution in Nevada must be from establishments approved and in compliance with the Poultry Products Inspection Act of the United States Department of Agriculture, and the regulations concerning food and drink establishments in chapter 446 of NAC. Poultry or containers containing poultry must be labeled indicating processing in an approved plant in Nevada, or from a plant approved and on the current list of approved plants of the United States Department of Agriculture.

2. Poultry must be handled and prepared separately from other meat products in retail establishments.

3. Rabbits, pheasants, pigeons and similar products not under the federal inspection program must be from an approved plant in compliance with chapter 446 of NRS, and must be inspected and labeled as required for other meat products.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 1e, eff. 7-2-62; A 8-21-62; renumbered as 1d, 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

EGGS

NAC 583.080 Definitions. (NRS 583.130) As used in NAC 583.080 to 583.201, inclusive, unless the context otherwise requires, the terms defined in NAC 583.090 to 583.131, inclusive, have the meanings ascribed to them in those sections.

[St. Quarantine Officer, part No. 83.09, eff. 3-1-58; A 4-1-72]—(Substituted in revision for NAC 583.110)

NAC 583.090 General terms defined. (NRS 583.130)

1. “Brand” means any term, design or trademark used on any container or lot to identify the producer, dealer, retailer or agent by or for whom the eggs were packed.

2. “Case” means a container holding 30 dozen shell eggs.

3. “Leaker” means an egg that has a crack or break in the shell and the shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

4. “Loss” means an egg that is unfit for human food as defined in NRS 583.140, is smashed or broken so that the contents are leaking, cooked, frozen or contaminated or contains bloody whites, large blood spots, large unsightly meat spots or other foreign material.

5. “Lot” means any quantity of eggs of the same size and quality assembled at one location and under one brand.

[St. Quarantine Officer, part No. 83.09, eff. 3-1-58; A 4-1-72]—(NAC A 11-7-84)

NAC 583.100 Terms descriptive of the shell defined. (NRS 583.130) A shell egg is:

1. “Abnormal” if it is somewhat unusual or decidedly misshapen, lacks soundness or strength, or shows pronounced ridges or thin spots.

2. “Clean” if it is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains, or marks from a cage, which are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.

3. “Dirty” if it has dirt or foreign material adhering to its surface or has prominent or moderate stains in excess of those permitted for eggs of B quality.

4. “Practically normal” if it approximates the usual shape and is sound and free of thin spots. Slight ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

[St. Quarantine Officer, No. 83.05, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)—(Substituted in revision for NAC 583.130)

NAC 583.111 Terms descriptive of the air cell defined. (NRS 583.130)

1. “Bubbly air cell” means a ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

2. “Depth of air cell” refers to the air space between shell membranes normally in the large end of the egg and means the distance from its top to its bottom when the egg is held air cell upward.

3. “Free air cell” means an air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

4. An air cell is “practically regular” if it maintains a practically fixed position in the egg and shows a fairly even outline with not more than 1/4-inch movement in any direction as the egg is rotated.

[St. Quarantine Officer, No. 83.06, eff. 3-1-58; A 4-1-72]—(Substituted in revision for NAC 583.140)

NAC 583.121 Terms descriptive of the white defined. (NRS 583.130) The white of an egg is:

1. A “bloody white” if blood is diffused through the white.

2. “Clear” if it is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas must not be confused with foreign bodies such as spots or blood clots.)

3. “Firm” if it is sufficiently thick or viscous to prevent the outline of the yolk from being more than slightly defined or indistinctly indicated when the egg is twirled.

4. “Reasonably firm” if it is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely, which results in a fairly well defined outline of the yolk when the egg is twirled.

5. “Weak and watery” if it is slightly weak, thin and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, causing the outline of the yolk to appear plainly visible and dark when the egg is twirled.

[St. Quarantine Officer, No. 83.07, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

NAC 583.131 Terms descriptive of the yolk defined. (NRS 583.130)

1. “Blood due to germ development” means blood caused by the development of a germ in a fertile egg to the point where the blood is visible as definite lines or as a blood ring.

2. “Clearly visible germ development” means development of a germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

3. A yolk has “definite but not serious defects” if it shows definite spots or areas on its surface but with only a slight indication of germ development or other pronounced or serious defects.

4. A yolk is “enlarged and flattened” if the membranes and tissues of the yolk have weakened and moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

5. A yolk has “serious defects” if it shows well-developed spots or areas and other serious defects such as olive yolks which do not render the egg inedible.

6. “Outline fairly well defined” means the outline of a yolk is discernible but not clearly defined as the egg is twirled.

7. “Outline plainly visible” means the outline of a yolk is clearly visible as a dark shadow when the egg is twirled.

8. “Outline slightly defined” means the outline of a yolk is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

9. A yolk is “practically free from defects” if it shows no germ development although it may show other very slight defects on its surface.

[St. Quarantine Officer, No. 83.08, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)—(Substituted in revision for NAC 583.160)

NAC 583.141 Standards of quality for shell eggs of domesticated chickens. (NRS 583.130) Shell eggs of domesticated chickens, except eggs which have been removed from incubation after partial development, must be classified according to the following standards of quality:

1. AA quality: The shell must be clean, unbroken and practically normal. The air cell must not exceed one-eighth of an inch in depth, measured at destination, and may show unlimited movement and be free or bubbly. The white must be clear and firm. The yolk must be practically free from apparent defects.

2. A quality: The shell must be clean, unbroken and practically normal. The air cell must not exceed three-sixteenths of an inch in depth, measured at destination, and may show unlimited movement and be free or bubbly. The white must be clear and at least reasonably firm. The yolk must be practically free from apparent defects.

3. B quality:

(a) The shell must be unbroken, may be abnormal and show slight stains, but it may not have adhering dirt.

(b) When a stain is localized, approximately one thirty-second of the surface of the shell may be moderately stained. When the moderately stained areas are scattered, approximately one-sixteenth of the surface of the shell may be moderately stained.

(c) The air cell may show unlimited movement and may be free or bubbly, but must not exceed three-eighths of an inch in depth, measured at destination.

(d) The white may be weak and watery.

(e) The yolk may appear dark, enlarged and flattened. It may show clearly visible germ development but may not show the presence of blood due to that development. Small blood clots or meat spots which, in the aggregate, are not more than one-eighth of an inch in diameter may be present.

4. Check quality: The shell is broken or cracked but the membranes of the shell must be intact and the contents of the shell must not leak. A checked egg is of lower quality than a dirty one.

[St. Quarantine Officer, No. 83.02, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84; 10-17-86)

NAC 583.151 Consumer grades for shell eggs. (NRS 583.130)

1. A grade AA quality lot at destination consists of eggs at least 72 percent of which are AA quality, 10 percent or more of the remaining are A quality and 18 percent or less are B quality. The percentage of B quality must not be more than 1 percent B quality due to air cells over three-eighths of an inch, blood spots (aggregating not more than one-eighth of an inch in diameter), or serious defects in the yolks. Checks must not exceed 7 percent (9 percent for jumbo size). Leakers, dirties or losses due to meat or blood spots, in any combination, must not exceed 1 percent except loss must not exceed 0.3 percent. Other types of loss are not permitted.

2. A grade A quality lot at destination consists of eggs at least 82 percent of which are A quality or better, not more than 18 percent are below A quality, not more than 1 percent are B quality due to air cells over three-eighths of an inch, meat or blood spots (aggregating not more than one-eighth of an inch in diameter) or serious defects in the yolks, not more than 7 percent (9 percent for jumbo size) are checks, and not more than 1 percent are leakers, dirties or losses due to meat or blood spots, in any combination. The loss may not exceed 0.3 percent. Other types of loss are not permitted.

3. A grade B quality lot at destination consists of eggs at least 90 percent of which are B quality or better, not more than 10 percent are checks and not more than 1 percent are leakers, dirties or losses due to meat or blood spots in any combination. The loss may not exceed 0.3 percent. Other types of loss are not permitted.

4. In lots of two or more cases:

(a) For grade AA, each individual case must contain at least 62 percent AA quality eggs.

(b) For grade A, each individual case must contain at least 72 percent A quality eggs.

(d) For any grade, a tolerance of 3.3 percent for eggs in the next lower class by weight is permitted for the lot if no individual case within the lot exceeds 5 percent.

(e) A lot will not be rejected or downgraded because of the quality of a single egg except for loss other than blood or meat spots.

[St. Quarantine Officer, No. 83.03, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

NAC 583.161 Standards for size and weight classification of shell eggs. (NRS 583.130)

NEVADA STANDARDS FOR SIZE AND WEIGHT CLASSIFICATION OF SHELL EGGS AT THEIR DESTINATION

	Minimum Net	Minimum Net	Minimum Net
	Weight	Weight Per	Weight Per
	Per Dozen	30 Dozen	Individual Egg
Class	(Ounces)	(Pounds)	(Ounces)
Jumbo	30	56.0	2 5/12
Extra Large	27	50.5	2 1/6
Large	24	45.0	1 11/12
Medium	21	39.5	1 2/3
Small	18	34.0	Less than 1 5/12
Peewee	15	28	No minimum

[St. Quarantine Officer, No. 83.01, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84; R052-00, 11-15-2000)

NAC 583.171 Summary of grades for shell eggs. (NRS 583.130)

1. Except as otherwise provided in this section, the grades of shell eggs must be determined at destination in accordance with the following schedule:

Grade of	Required Quality			Tolerance Permitted
Lot			Percent Quality

AA		At least 72 percent AA	Of eggs not AA, at least 10.................................. Not more than 18...................... Not more than 7........................ Not more than 1........................		A B Checks Leakers, dirties or losses due to meat or blood spots

A		At least 82 percent A or better	Not more than 18...................... Not more than 7........................ Not more than 1........................		B Checks Leakers, dirties or losses due to meat or blood spots

B		At least 90 percent B or better	Not more than 10...................... Not more than 1........................		Checks Leakers, dirties or losses due to meat or blood spots

2. Not more than 1 percent of the eggs which are B quality in an AA or A quality lot may be so classified because of the presence of air cells which are over three-eighths of an inch in depth, meat or blood spots which are, in the aggregate, not more than one-eighth of an inch in diameter, or serious defects in the yolks.

3. Losses because of meat or blood spots may not exceed 0.3 percent in any lot. Other types of loss are not permitted.

4. Nine percent of the eggs in any lot may be checks if the eggs are jumbo size.

[St. Quarantine Officer, No. 83.04, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82)

NAC 583.201 Official samples. (NRS 583.130)

1. As used in this section, “official sample” means a sample drawn by an authorized person to determine the official grade of a lot for size and quality.

2. A sample of equal portions must be taken from evenly distributed parts of a lot to be inspected in accordance with the following procedures:

(a) For lots of less than 50 eggs the official sample must consist of all the eggs in the lot.

(b) For lots of 50 eggs or more but less than one case, the official sample must consist of at least 50 eggs.

(c) For lots of one case or more, the official sample must consist of at least 100 eggs which are taken from a representative number of cases as follows:

Number of			Number of Cases
Cases in Lot			Represented in Sample

1				1
2	-	10		2
11	-	25		3
26	-	50		4
51	-	100		5
101	-	200		8
201	-	300		11
301	-	400		13
401	-	500		14
501	-	600		16

Ê For each additional 50 cases or fraction thereof over 600 cases, one case must be added to the cases in the sample.

[St. Quarantine Officer, No. 83.10, eff. 3-1-58; A 4-1-72]—(NAC A 9-7-82; 11-7-84)

MEAT AND POULTRY INSPECTION

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, former NAC 583.221, 583.280, 583.290 and 583.310 contained definitions that were deemed duplicative of those set forth in NRS 583.272, 583.315, 583.345 and 583.385, respectively, and were removed from chapter 583 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”

NAC 583.211 Definitions. As used in NAC 583.211 to 583.530, inclusive, unless the context otherwise requires, the words and terms defined in NAC 583.215 to 583.345, inclusive, have the meanings ascribed to them in those sections.

(Supplied in codification)

NAC 583.215 “Antemortem inspection” defined. (NRS 583.055, 583.539) “Antemortem inspection” means the inspection of an animal before the animal is slaughtered.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.225 “Carcass” defined. (NRS 583.055, 583.539) “Carcass” means each part, including viscera, of a slaughtered animal that is capable of use as human food.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.231 “Color additive” defined. (NRS 583.055, 583.539) “Color additive” means a material which:

1. Is a dye, pigment or other substance made by a process of synthesis or similar article, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source; and

2. When added or applied to a food, drug or cosmetic, or to the human body or any part thereof, is capable, alone or through a reaction with another substance, of imparting color thereto. The term does not include any material which the Secretary of Agriculture of the United States, by regulation, determines is used, or intended to be used, solely for a purpose or purposes other than coloring.

[Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.233 “Custom processing” defined. (NRS 583.055, 583.539) “Custom processing” means the slaughter, skinning and preparation of livestock and poultry through humane means upon the request of the owner or person in lawful possession of the livestock or poultry and for consumption by the owner or person, including, without limitation, immediate family members and nonpaying guests.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.237 “Equipment” defined. (NRS 583.055, 583.539) “Equipment” has the meaning ascribed to it in NAC 446.01287.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.240 “Federal Food, Drug and Cosmetic Act” defined. (NRS 583.535) “Federal Food, Drug and Cosmetic Act” means the Federal Food, Drug and Cosmetic Act (52 Stat. 1040, as amended, 21 U.S.C. §§ 301 et seq.).

[Bd. of Health, Meat Inspection Reg. Art. II § I subsec. o, eff. 11-4-70; renumbered as § A subsec. 15, 3-5-71]

NAC 583.250 “Federal Meat Inspection Act” defined. (NRS 583.535) “Federal Meat Inspection Act” means the Federal Meat Inspection Act (34 Stat. 1260, as amended, 21 U.S.C. §§ 601 et seq.).

[Bd. of Health, Meat Inspection Reg. Art. II § I subsec. n, eff. 11-4-70; renumbered as § A subsec. 14, 3-5-71]

NAC 583.260 “Firm” defined. (NRS 583.535) “Firm” means any corporation, partnership, association or other unincorporated business organization.

[Bd. of Health, Meat Inspection Reg. Art. II § I subsec. b, eff. 11-4-70; renumbered as § A subsec. 1, 3-5-71]

NAC 583.270 “Food additive” defined. (NRS 583.535) “Food additive” means any substance the intended use of which results, or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food, and any source of radiation intended for such a use, if the substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on the common use of food to be safe under the conditions of its intended use. The term does not include:

1. A pesticide chemical in or on a raw agricultural commodity;

2. A pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity;

3. A color additive;

4. Any substance used in accordance with a sanction or approval granted prior to September 6, 1958, pursuant to this chapter, the Poultry Products Inspection Act (21 U.S.C. §§ 451 et seq.) or the Meat Inspection Act of March 4, 1907, as amended and extended; or

5. A new animal drug.

[Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

NAC 583.275 “Hazard” defined. (NRS 583.055, 583.539) “Hazard” has the meaning ascribed to it in NAC 446.01461.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.277 “Inedible” defined. (NRS 583.055, 583.539) “Inedible” means adulterated, uninspected or not intended for use as human food.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.295 “Mobile processing” defined. (NRS 583.055, 583.539) “Mobile processing” means custom processing that is provided at a mobile processing unit.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.320 “Pesticide chemical” defined. (NRS 583.535) “Pesticide chemical” means any substance which, alone, in chemical combination or in formulation with one or more other substances, is an “economic poison” within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act (61 Stat. 163, as amended, 7 U.S.C. §§ 136 et seq.) and which is used in the production, storage or transportation of raw agricultural commodities.

[Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

NAC 583.325 “Postmortem inspection” defined. (NRS 583.055, 583.539) “Postmortem inspection” means the inspection of the carcass of an animal after the animal is slaughtered.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.327 “Poultry Products Inspection Act” defined. (NRS 583.055, 583.539) “Poultry Products Inspection Act” means the federal Poultry Products Inspection Act, 21 U.S.C. §§ 451 et seq.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.330 “Prepared” defined. (NRS 583.535) “Prepared” means slaughtered, canned, salted, rendered, boned, cut up or otherwise manufactured or processed.

[Bd. of Health, Meat Inspection Reg. Art. II § I subsec. i, eff. 11-4-70; renumbered as § A subsec. 9, 3-5-71]

NAC 583.340 “Raw agricultural commodity” defined. (NRS 583.535) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form before marketing.

[Bd. of Health, Meat Inspection Reg. Art. II § I part subsec. p, eff. 11-4-70; renumbered as § A part subsec. 16, 3-5-71]

NAC 583.345 “Specified risk material” defined. (NRS 583.055, 583.539) “Specified risk material” means the tissues in cattle that are considered to be of high risk for prion contamination.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.350 Scope. (NRS 583.055, 583.539) The provisions of NAC 583.211 to 583.530, inclusive, provide for:

1. The mandatory inspection of the slaughter of cattle, sheep, swine, goats, equines and poultry and the preparation of carcasses, parts of carcasses, meat, meat food products of the animals, poultry and poultry food products of the animals, solely for distribution in Nevada;

2. The regulation of related industries; and

3. Cooperation with the United States Department of Agriculture.

[Bd. of Health, Meat Inspection Reg. Art. I, eff. 11-4-70]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.360 Authority of Officer. (NRS 583.535) The Officer may:

1. Gather and compile information concerning and investigate the organization, business, conduct, practices and management of any person engaged in intrastate commerce, and the relation of those persons to other persons.

2. Require, by general or special orders, persons engaged in intrastate commerce or any class of them, to file with the Officer, in such form as the Officer may prescribe, annual or special reports or answers in writing to specific questions, furnishing the Officer with the information he or she may require regarding the organization, business, conduct, practices, management and relation to other persons filing the reports or answers in writing. The reports and answers must be made under oath, or otherwise, as the Officer may prescribe, and must be filed with the Officer within a reasonable period as the Officer may prescribe, unless additional time is granted by the Officer.

[Bd. of Health, Meat Inspection Reg. Art. V § IV, eff. 11-4-70; renumbered as § D, 3-5-71]

NAC 583.370 Inspection service. (NRS 583.055, 583.539) The Department may employ or approve employment of veterinary inspectors or lay inspectors or contract with private veterinarians or lay inspectors skilled or trained in the inspection of meat and animals to supervise sanitation and perform examinations at approved slaughtering establishments. These assigned representatives are responsible for sanitation in the plant where they are assigned. They shall enforce the provisions of NAC 583.211 to 583.530, inclusive, and affix the required stamps of approval of meat and meat products in the assigned plant.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 4, eff. 7-2-62; A 8-21-62; A and renumbered as 3, 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.372 Application for permit to operate official establishment; fees; renewal; change of ownership or location. (NRS 561.153, 583.055, 583.453, 583.539)

1. Pursuant to NRS 583.453, a person who wishes to operate an official establishment must apply for a permit on a form prescribed by the Department.

2. In addition to any information required by subsection 2 of NRS 583.453 for an application for a permit to operate an official establishment, an application for a permit to operate an official establishment must include, without limitation:

(a) The name of the business;

(b) The telephone number and electronic mail address of the applicant;

(d) Any other information required by the Department.

3. In addition to the requirements of subsection 2, a person who submits an application to operate an official establishment must, except as otherwise provided in subsection 6, submit to the Department:

(a) Plans for the construction of the official establishment, including, without limitation:

(1) The layout, arrangement and construction materials of processing areas in the official establishment;

(2) The location, size and types of equipment used in and around the official establishment; and

(3) The surrounding areas of the official establishment, including, without limitation, other businesses, streets, outside equipment, animal pens, wells and septic tanks; and

(b) A fee of $750 for the review by the Department of the plans required by paragraph (a).

4. Upon receipt of an application submitted pursuant to this section, inspection of the official establishment and approval by the Department, the Officer will issue a permit to the applicant.

5. A permit issued pursuant to this section expires on December 31 of the year in which the permit was issued and must be renewed annually on or before December 31 by paying a permit renewal fee of $500 to the Department.

6. A new application for a permit must be submitted pursuant to this section if there is a change of ownership or location. An application for a change of ownership is not subject to the requirements of subsection 3.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.374 License to operate custom processing establishment or mobile processing unit: Application; fees; plans for construction; inspection; renewal; change of ownership or location. (NRS 561.153, 583.055, 583.454, 583.539)

1. No person shall operate a custom processing establishment or mobile processing unit unless the Department has issued the person a license to operate the custom processing establishment or mobile processing unit pursuant to this section.

2. A person who wishes to operate a custom processing establishment or a mobile processing unit must apply for a license to operate a custom processing establishment or mobile processing unit on a form prescribed by the Department.

3. An application for a license to operate a custom processing establishment or a mobile processing unit must include, without limitation:

(a) The name of the applicant, including, without limitation, the names of the partners, officers or business directors, if applicable;

(b) The name of the business;

(d) The telephone number and electronic mail address of the applicant;

(e) The location of the business;

(f) An application fee of $250; and

(g) Any other information required by the Department.

4. In addition to the requirements of subsection 3, a person who submits an application to operate a custom processing establishment or mobile processing unit must, except as otherwise provided in subsection 7, submit to the Department:

(a) Plans for the construction of the custom processing establishment or mobile processing unit, including, without limitation:

(1) The layout, arrangement and construction materials of processing areas in the custom processing establishment or mobile processing unit;

(2) The location, size and types of equipment used in and around the custom processing establishment or mobile processing unit; and

(3) As applicable, the surrounding areas of the custom processing establishment or mobile processing unit, including, without limitation, other businesses, streets, outside equipment, animal pens, wells and septic tanks; and

(b) A fee of $600 for the review by the Department of the plans required by paragraph (a).

5. Upon receipt of an application submitted pursuant to this section, inspection of the custom processing establishment or mobile processing unit and approval by the Department, the Officer will issue a license to the applicant.

6. A license issued pursuant to this section expires on December 31 of the year in which the license was issued and must be renewed annually on or before December 31 by paying a license renewal fee of $250 to the Department.

7. A new application for a license must be submitted pursuant to this section if there is a change of ownership or location. An application for a change of ownership is not subject to the requirements of subsection 4.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.376 Requirements to remodel, renovate or alter official establishment, custom processing establishment or mobile processing unit. (NRS 561.153, 583.055, 583.453, 583.454, 583.539) A holder of a permit or license to operate an official establishment, custom processing establishment or mobile processing unit who intends to remodel, renovate or alter the official establishment, custom processing establishment or mobile processing unit, as applicable, must, before he or she may perform any such work, submit to the Department a plan detailing the proposed changes to the official establishment, custom processing establishment or mobile processing unit, as applicable; and, as applicable:

1. A fee of $750 for the review of the plan for an official establishment required by this section by the Department; or

2. A fee of $600 for the review of the plan for a custom processing establishment or mobile processing unit required by this section by the Department.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.378 Inspection services: Notice; provisional grant; requirements; inspections. (NRS 583.055, 583.539)

1. Upon the issuance of a permit or license, the Department shall send a written notice to the permittee or licensee, as applicable, of the eligibility of the permittee or licensee to receive inspection services from the Department pursuant to subsection 3. The notice must specify the areas of the official establishment, custom processing establishment or mobile processing unit to which the grant of inspection services will apply.

2. The Department shall issue a provisional grant of inspection services to the permittee or licensee, as applicable, for a period not to exceed 90 days for the permittee or licensee, as applicable, to develop and validate a Hazard Analysis and Critical Control Point plan in accordance with 9 C.F.R. Part 417.

3. Except as otherwise provided in subsections 2 and 4, the Department may grant inspection services to each person issued a permit or license to operate an official establishment, custom processing establishment or mobile processing unit, as applicable, if the person has:

(a) Developed written standard operating procedures, written standard operating procedures for sanitation and written recall procedures; and

(b) Performed a hazard analysis and developed and validated a written Hazard Analysis and Critical Control Point plan in accordance with 9 C.F.R. Part 417.

4. The Department shall not grant inspection services pursuant to subsection 3 if the Department determines that the official establishment, custom processing establishment or mobile processing unit has not complied with the provisions of NAC 583.211 to 583.530, inclusive, or the applicant has not received approval for labeling pursuant to 9 C.F.R. Part 412.

5. Not less than once each year, the Department shall perform an inspection of each custom processing establishment or mobile processing unit that a licensee is authorized to operate in accordance with NAC 583.374.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.380 Appointment and duties of inspectors. (NRS 583.055, 583.539)

1. The Officer shall appoint inspectors to make examinations and inspections of all cattle, sheep, swine, goats, horses, mules, other equines and poultry, of all carcasses and parts thereof, of all meat, meat food products, poultry and poultry food products and of the humane handling and sanitary conditions of all official establishments, custom processing establishments or mobile processing units in which the meat, meat food products, poultry and poultry food products are prepared.

2. The inspectors shall refuse to stamp, mark, tag or label any carcass or any part thereof, or meat food product or poultry food product prepared in any official establishment, custom processing establishment or mobile processing unit, until they have actually been inspected and found to be not adulterated.

3. The inspectors shall perform any other duties provided by NAC 583.211 to 583.530, inclusive.

4. All inspections and examinations made pursuant to NAC 583.211 to 583.530, inclusive, must be made in the manner prescribed by the Officer.

[Bd. of Health, Meat Inspection Reg. Art. II § XIII, eff. 11-4-70; renumbered as § M, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.390 Inspectors: Access; destruction of condemned products; removal. (NRS 583.055, 583.539)

1. For any examination and inspection, the inspectors must have access at all times, whether or not the official establishment, custom processing establishment or mobile processing unit is operating, to every part of the official establishment, custom processing establishment or mobile processing unit, as applicable.

2. The inspectors shall mark, stamp, tag or label as “Nevada Inspected and Passed” all products for use in intrastate commerce found to be not adulterated.

3. The inspectors shall label, mark, stamp or tag as “Nevada Inspected and Condemned” all products for use in intrastate commerce found to be adulterated. All condemned meat food products and poultry food products must be destroyed for food purposes.

4. The Officer may remove inspectors from any official establishment, custom processing establishment or mobile processing unit who fail to destroy any condemned meat food products or poultry food products.

[Bd. of Health, Meat Inspection Reg. Art. II § VI, eff. 11-4-70; renumbered as § F, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.400 Antemortem examination. (NRS 583.055, 583.539)

1. Each official establishment shall ensure an antemortem examination is made of all cattle, sheep, swine, goats or other meat food animals before slaughter. This examination must be on the day of slaughter, in pens on the premises.

2. Horses, mules or burros must not be slaughtered in the same official establishment as other animals for human consumption.

3. Each official establishment must obtain the current Regulations Governing Meat Inspection of the United States Department of Agriculture and at all times have a copy of this booklet on the premises. The regulations regarding definitions, composition and labeling apply.

4. Any animal that is suspected of being infected with any disease or that shows symptoms of disease must be kept separate from other livestock and poultry and may not be slaughtered until the animal has been found fit for slaughter by veterinary inspection. If an animal is showing symptoms of disease, the animal must be slaughtered separately from other livestock and poultry after the animal has been found fit for slaughter by veterinary inspection.

5. Slaughtered animals must be cleaned and suspended from an overhead rail, then dressed, examined, prepared and processed, as described in Regulations Governing Meat Inspection of the United States Department of Agriculture. When the processing and examination of the animal has been completed, the acceptable carcasses and all primal cuts must be stamped with the authorized inspection stamp and numbered by the authorized inspector of the particular establishment.

[Bd. of Health, Meat, Poultry and Shellfish Reg. No. 3, eff. 7-2-62; A 8-21-62; renumbered as 2, 7-8-73]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.410 Postmortem inspections. (NRS 583.055, 583.539)

1. The Officer shall appoint inspectors to make a postmortem examination and inspection of the carcasses and parts of all cattle, sheep, swine, goats, horses, mules, other equines and poultry, capable of use as human food, to be prepared at any slaughtering, meat canning, salting, packing, rendering or similar establishment in this State if these articles are prepared solely for intrastate commerce.

2. The carcasses and parts of all such animals found to be not adulterated must be marked, stamped, tagged or labeled as “Nevada Inspected and Passed.”

3. The inspectors shall label, mark, stamp or tag as “Nevada Inspected and Condemned” all carcasses and parts of animals found to be adulterated.

4. All carcasses and parts thereof inspected and condemned must be destroyed for food purposes by the official establishment in the presence of an inspector.

5. The Officer may remove inspectors from any official establishment which fails to destroy any condemned carcass or part thereof.

6. The inspectors, after the first inspection, shall, when they deem it necessary, reinspect the carcasses or parts thereof to determine whether, since the first inspection, they have become adulterated. If any carcass or any part thereof has upon an examination and inspection subsequent to the first examination and inspection been found to be adulterated, it must be destroyed for food purposes by the official establishment in the presence of an inspector. The Officer may remove inspectors from any official establishment which fails to destroy any condemned carcass or part thereof.

7. Any meat or poultry which is not fit for human consumption must be denatured or destroyed, as approved by the Department.

[Bd. of Health, Meat Inspection Reg. Art. II § IV, eff. 11-4-70; renumbered as § D, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.420 Nighttime inspections. (NRS 583.055, 583.539) The Officer must order an examination and inspection of all cattle, sheep, swine, goats, horses, mules, other equines and poultry, and the food products thereof, slaughtered and prepared in establishments for the purpose of intrastate commerce to be made during the nighttime as well as during the daytime when the slaughtering of cattle, sheep, swine, goats, horses, mules, other equines and poultry, or the preparation of food products, is conducted during the nighttime.

[Bd. of Health, Meat Inspection Reg. Art. II § IX, eff. 11-4-70; renumbered as § I, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.430 Sanitation inspections. (NRS 583.055, 583.539)

1. The Officer shall order inspections made, by experts in sanitation or by other competent inspectors, of all slaughtering, canning, salting, packing, rendering or similar establishments in which cattle, sheep, swine, goats, horses, mules and other equines are slaughtered and the meat, meat food products, poultry and poultry food products are prepared solely for intrastate commerce.

2. These inspections may be made as necessary to inform the Officer of the sanitary conditions.

3. The Officer shall prescribe the conditions of sanitation under which official establishments must be maintained.

4. If the sanitary conditions of any official establishment are such that the meat, meat food products, poultry or poultry food products are rendered adulterated, the Officer shall refuse to allow the meat, meat food products, poultry or poultry food products to be labeled, marked, stamped or tagged as “Nevada Inspected and Passed.”

5. All custom processing establishments and mobile processing units subject to the provisions of NAC 583.211 to 583.530, inclusive, must be kept in a clean and sanitary condition during all periods of operation.

6. In addition to any sanitary requirements set forth in this chapter, the Department may prescribe additional sanitary standards and require sanitary inspections of any custom processing establishment or mobile processing unit.

7. The Officer or the Department may withdraw inspection services from any custom processing establishment or mobile processing unit that the Officer or Department determines does not comply with the appropriate sanitary standards.

[Bd. of Health, Meat Inspection Reg. Art. II § VIII, eff. 11-4-70; renumbered as § H, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.440 Labeling and marking. (NRS 583.055, 583.539)

1. When any meat, meat food product, poultry or poultry food product prepared for intrastate commerce has been inspected and marked “Nevada Inspected and Passed” and is placed or packed in any can, pot, tin, canvas or other receptacle or covering in any official establishment where the inspection is conducted, the person preparing the product must attach a label to the can, pot, tin, canvas or other receptacle or covering, under the supervision of an inspector. The label must state that the contents have been “Nevada Inspected and Passed” under the provisions of NAC 583.211 to 583.530, inclusive.

2. No inspection and examination of meat, meat food products, poultry or poultry food products deposited or enclosed in cans, tins, pots, canvas or other receptacle or covering in any official establishment where the inspection is conducted is complete until the meat, meat food products, poultry or poultry food products have been sealed or enclosed in the can, tin, pot, canvas or other receptacle or covering under the supervision of an inspector.

3. All carcasses, parts of carcasses, meat, meat food products, poultry or poultry food products inspected at any official establishment and found to be not adulterated, must, at the time they leave the official establishment, bear, in distinctly legible form, directly on it or on their containers, as the Officer may require, the information required under NAC 583.410.

4. The Officer, whenever he or she determines action is necessary for the protection of the public, may prescribe:

(a) The styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid the false or misleading labeling of any articles or animals.

(b) Definitions and standards of identity or composition for articles and standards for filling containers for the articles which are not consistent with any standards established under the Federal Food, Drug and Cosmetic Act, under the Federal Meat Inspection Act or under the Poultry Products Inspection Act. There must be consultation between the Officer and the Secretary of Agriculture of the United States before the issuance of the standards to avoid inconsistency between the standards and the federal standards.

5. No article may be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling, which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Officer are permitted.

6. If the Officer has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading, the Officer may direct that the use be withheld unless the marking, labeling or container is modified in such a manner that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the Officer, the person may request a hearing. The use of the marking, labeling or container must, if the Officer directs, be withheld pending hearing and a final determination by the Officer. Any determination by the Officer is subject to judicial review.

7. Custom processing products must be labeled “Not For Sale.”

8. Shipping containers carrying poultry food products exempt from this chapter must be marked with the name and address of the owner and the statement “Exempt P.L. 90492.”

[Bd. of Health, Meat Inspection Reg. Art. II § VII, eff. 11-4-70; renumbered as § G, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.445 Marking with “Nevada Rejected” tag. (NRS 583.055, 583.539)

1. An inspector shall mark any equipment, utensil, room or compartment at any official establishment, custom processing establishment or mobile processing unit that is not sanitary or could adulterate a product with a “Nevada Rejected” tag.

2. Any equipment, utensils, rooms or compartments marked with a “Nevada Rejected” tag may not be used until an inspector performs another inspection and finds the equipment, utensil, room or compartment is in compliance with the provisions of NAC 583.211 to 583.530, inclusive.

3. Only an inspector may remove a “Nevada Rejected” tag.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.450 Reinspection before entry into official establishment; prohibition on entry or inspection at official establishment under certain circumstances. (NRS 583.055, 583.539)

1. The provisions of NAC 583.380 to 583.460, inclusive, apply to all carcasses or parts of carcasses of cattle, sheep, swine, goats, horses, mules, other equines and poultry, or the meat, meat food products, poultry or poultry food products thereof, capable of use as human food, which may be brought into any canning, salting, packing, rendering or similar official establishment, where inspection is maintained.

2. The examination and inspection must be made before the carcasses or parts thereof are allowed to enter into any department where they are to be treated and prepared for meat food products or poultry food products.

3. The provisions of NAC 583.380 to 583.460, inclusive, also apply to all products which, after having been issued from any slaughtering, canning, salting, packing, rendering or similar establishment, are returned and an inspection is maintained.

4. The Officer may limit the entry of carcasses, parts of carcasses, meat, meat food products, poultry or poultry food products, and other materials into any official establishment at which an inspection is maintained, under such conditions as the Officer may prescribe to assure that allowing the entry of the articles into inspected establishments will be consistent with the purposes of NAC 583.211 to 583.530, inclusive.

5. No carcass, animal, meat, meat food product, poultry or poultry food product that was not prepared in accordance with the provisions of NAC 583.211 to 583.530, inclusive, may enter or be inspected at any official establishment.

[Bd. of Health, Meat Inspection Reg. Art. II § V, eff. 11-4-70; renumbered as § E, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.451 Requirements for custom processing establishments and mobile processing units. (NRS 583.055, 583.539)

1. A custom processing establishment or mobile processing unit must:

(a) Prepare meat food products in compliance with 9 C.F.R. § 303.1(a)(2)(i); and

(b) Comply with the provisions of 9 C.F.R. §§ 416.1 to 416.6, inclusive, except for the provisions of 9 C.F.R. § 416.2(g)(2)-(6).

2. A custom processing establishment that custom processes livestock in a federal- or state-inspected establishment must comply with the provisions of 9 C.F.R. Part 416.

3. A custom processing establishment or mobile processing unit that custom processes poultry must comply with the sanitary standards, practices and procedures set forth in 9 C.F.R. § 381.10(a)(4).

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.452 Recordkeeping by custom processing establishments and mobile processing units. (NRS 583.055, 583.539)

1. Any person who holds a license to operate a custom processing establishment or a mobile processing unit pursuant to NAC 583.374 shall maintain accurate records that disclose all business transactions subject to the provisions of NAC 583.211 to 583.530, inclusive.

2. Any person who engages in the custom processing of livestock shall keep records in accordance with the provisions of 9 C.F.R. § 303.1(b)(3) and 9 C.F.R. Part 320.

3. Any person who engages in the custom processing of poultry shall keep records in accordance with the provisions of 9 C.F.R. Part 381, Subpart Q.

4. Except as otherwise provided in subsections 5 and 6, the records required to be maintained pursuant to this section must be maintained in a safe location at the place of business of the person required to keep such records.

5. If the business operates in multiple locations, the records required to be maintained pursuant to this section must be maintained in a safe location at the headquarters of the business.

6. Any records maintained pursuant to this section concerning ground beef must be kept at the location where the raw beef is ground.

7. Any records maintained pursuant to this section must be maintained for the period of time required by to NRS 583.485.

8. Pursuant to NRS 583.485, the Department may, at reasonable times, access the records maintained pursuant to this section and must be afforded access to the necessary facilities for the examination and copying of records and for the examination and sampling of inventory.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.453 Custom processing establishments: Tagging and separating products for custom processing. (NRS 583.055, 583.539) Any person who holds a license to operate a custom processing establishment issued pursuant to NAC 583.374 shall:

1. Tag each carcass, meat or poultry and the parts therefrom with a “Not For Sale” tag in accordance with the provisions of 9 C.F.R. § 316.16; and

2. Keep any product for custom processing separate from any other products that are subject to inspection.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.454 Mobile processing unit: Construction. (NRS 583.055, 583.539)

1. A mobile processing unit must be constructed:

(a) To maintain a clean and sanitary condition;

(b) Of durable materials that are light in color, impervious and easy to clean; and

2. A mobile processing unit must have:

(a) Light bulbs that are shielded, coated or otherwise shatter-resistant in any areas where there may be exposed food, clean equipment, utensils, handwashing, dressing and locker rooms or toilets.

(b) A minimum lighting intensity of 50 foot-candles (540 lux) at each surface where an employee may handle food, utensils or equipment, including, without limitation, knives, slicers, grinders and saws.

(1) Potable water tank that is approved by the Department with a minimum capacity of 40 gallons for poultry processing or 10 gallons per head of livestock that may be processed based on the slaughter capacity of the mobile processing unit; or

(2) Potable water source that is immediately accessible at the operational site of the mobile processing unit. Before using such a potable water source, the operator of the mobile processing unit must submit to the Department a signed statement from the property owner of the operational site certifying that the water source is potable.

(d) A wastewater recovery tank that has a capacity that is at least 15 percent greater than the potable water tank or another method approved by the Department to catch blood and waste from slaughter that is performed outside of a mobile processing unit to avoid the contamination of any water sources or run off onto adjacent property.

(e) A sanitation container large enough to allow complete immersion of the tools used for sanitation.

(f) For all surfaces that will have direct contact with food products, smooth surfaces that do not contain pits, cracks, crevices, scale or rust. Such surfaces must be corrosion and abrasion resistant, nonabsorbent, shatterproof, nontoxic and not capable of entering into food products.

(g) Handwashing facilities that include, without limitation, running water that is hot and cold or running water that is hot and warm, soap and individual sanitary towels or another hand drying device that is approved by the Department. Handwashing facilities must be kept clean and in good repair.

(h) Access to toilet facilities.

(i) Adequate storage facilities for all nonmeat or nonpoultry products, including, without limitation, spices, paper products and utensils.

(j) If the mobile processing unit slaughters livestock, a lifting mechanism that is capable of lifting a carcass at least 12 inches above the ground. The lifting mechanism must be located in a place where any carcass suspended from the lifting mechanism does not touch the mobile processing unit, including, without limitation, a truck or trailer body that is part of the mobile processing unit.

(k) Cleaning agents and paper towels available at all times.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.455 Mobile processing unit: Potable water tank; sanitization; wastewater. (NRS 583.055, 583.539)

1. A potable water tank used in a mobile processing unit must:

(a) Be maintained in a sanitary condition;

(b) Only use potable water from a source that is approved by the Department; and

2. If the water used in a potable water tank is not from a municipal water system, the owner of the mobile processing unit shall submit the results of a test of the water to the Department that verifies the water does not contain coliforms.

3. If the mobile processing unit uses hot water for sanitation, the mobile processing unit must have a hot water source capable of heating water to at least 180 degrees Fahrenheit and a minimum capacity large enough to fill the sanitization container installed on the mobile processing unit.

4. A sanitization container must be filled with potable water during slaughter operations and maintain a water temperature of at least 180 degrees Fahrenheit or use approved chemicals to sterilize equipment. If approved chemicals are used in lieu of hot water heated to at least 180 degrees Fahrenheit, the mobile processing unit must have readily available at all times, hot water, cleaning agents, disinfectant and sanitizer test strips. As used in this subsection, “approved chemical” means chloramine, hypochlorite, quaternary ammonium compounds or any other chemical approved by the Department.

5. A mobile processing unit must dispose of wastewater at a dumping station or a location approved by the local health authority. The owner of the mobile processing unit shall provide written approval from the local health authority to the Department before disposing of wastewater.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.456 Mobile processing unit: Equipment and utensils. (NRS 583.055, 583.539)

1. The equipment and utensils used in a mobile processing unit to handle edible food products must be:

(a) Constructed in such a manner and made of such materials to ensure the equipment and utensils may be thoroughly cleaned such that the equipment and utensils do not cause the adulteration of such edible food products; and

(b) Constructed, located and operated in such a manner that allows employees to inspect the equipment or utensils to determine the sanitary condition of such equipment or utensils.

2. All equipment and utensils used in a mobile processing unit must be:

(a) Maintained in a sanitary condition;

(b) Designed and installed to prevent contamination of edible food products by foreign materials, including, without limitation, lubricants, heat exchanger media, condensate, cleaning solutions, sanitizers and other nonfood materials; and

3. Any equipment in a mobile processing unit that uses a clean-in-place system must have sanitation procedures that are as complete and as effective as the procedures for cleaning and sanitizing disassembled equipment.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.457 Mobile processing unit: Requirements if transporting carcasses, meat or poultry that has not been inspected. (NRS 583.055, 583.539) A mobile processing unit that transports carcasses, meat or poultry that has not been inspected to an official establishment or custom processing establishment must:

1. Transport such carcasses, meat or poultry in a manner to prevent adulteration, misbranding or mislabeling;

2. Ensure that such carcasses, meat or poultry are refrigerated immediately after being eviscerated;

3. Ensure each carcass, meat or poultry is hung in the mobile processing unit such that the carcass, meat or poultry does not touch the floor of the mobile processing unit or touch any other carcass, meat or poultry; and

4. Ensure that each carcass, meat or poultry is tagged pursuant to NAC 583.390, 583.410 and 583.453.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.458 Mobile processing unit: Standards for holder of license. (NRS 583.055, 583.539) A person holding a license to operate a mobile processing unit issued pursuant to NAC 583.374 shall comply with the following standards:

1. The mobile processing unit must be thoroughly cleaned between each slaughter site or daily, whichever occurs first.

2. All surfaces of equipment and utensils must be cleaned and sanitized as necessary to prevent unsanitary conditions and adulteration.

3. All equipment, utensils and other surfaces that are in contact with food must be cleaned, rinsed and sanitized before and after each slaughter.

4. Except as otherwise provided in subsection 5, surfaces of utensils and equipment that contact potentially hazardous food must be cleaned every 4 hours.

5. Surfaces of utensils and equipment that contact potentially hazardous food may be cleaned less than every 4 hours if:

(a) The utensils and equipment are used in a refrigerated room or area that is maintained at one of the temperatures set forth in and in accordance with the requirements of subsection 6; and

(b) The cleaning frequency of such utensils and equipment is documented in the standard operating procedures for sanitation of the mobile processing unit.

6. Any utensil or equipment that is maintained in a refrigerated room:

(a) At 41 degrees Fahrenheit or below must be cleaned every 24 hours.

(b) Between 42 and 45 degrees Fahrenheit must be cleaned every 20 hours.

(d) Between 51 and 55 degrees Fahrenheit must be cleaned every 10 hours.

7. Inedible articles of a carcass must be placed in containers designated for such articles and must be clearly labeled “Inedible Not for Human Consumption” in letters not less than 4 inches in height. A container designated for inedible articles must be kept clean and separate from edible carcasses. Any inedible articles, including, without limitation, specified risk materials, must be disposed of in accordance with 9 C.F.R. §§ 303.1(b)(4), 325.11(a) and 381.193(a).

8. Any aprons, frocks and other outer clothing that is worn by a person who handles meat must be kept clean and be made of material that is easy to clean.

9. Any person entering a mobile processing unit shall:

(a) Take all measures necessary to prevent contamination of carcasses from fecal material, ingesta, milk, perspiration, hair, cosmetics, medications and similar substances;

(b) Not eat or drink in the processing area;

(d) Use handwashing facilities as needed to maintain good personal hygiene.

10. A person shall not participate in slaughtering at a mobile processing unit if the person has a communicable disease, is the carrier of a disease, is infected with boils, has an infected wound, has a sore or has an acute respiratory infection.

11. The area immediately surrounding the operational site of a mobile processing unit must be maintained to prevent insanitary conditions and contain blood or any other waste products from slaughter to avoid the contamination of any water sources or run-off onto adjacent property.

12. Any packaging materials and ingredients used in a mobile processing unit must be stored in a sanitary manner, labeled and protected from contamination. Such materials and ingredients may not be stored on the floor of a mobile processing unit.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.459 Mobile processing unit: Protection of carcasses from adulteration; prohibitions. (NRS 583.055, 583.539)

1. The owner and the employees of a mobile processing unit shall ensure that carcasses are protected from adulteration during the processing, handling, storage, loading, unloading and transportation of such carcasses to a custom processing establishment.

2. No person shall slaughter meat or poultry in a mobile processing unit while other carcasses are hanging therein, unless the area in which the carcasses are situated is separated by a physical barrier from the area used for slaughter.

3. No carcass may be dressed or transported in a mobile processing unit with the hide on, unless the carcass is that of a swine that was scalded and dehaired.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.460 Labels: Prohibited acts. (NRS 583.055, 583.539)

1. No brand manufacturer, printer or other person may cast, print, lithograph or otherwise make any device containing any official mark or imitation, or any label bearing any mark or imitation or any form of official certificate or imitation except as authorized by the Officer.

2. No person may:

(a) Forge any official device, mark or certificate;

(b) Without authorization from the Officer, use any official device, mark, certificate or imitation, or alter, detach, deface or destroy any official device, mark or certificate;

(c) Contrary to the regulations prescribed by the Officer, fail to use, detach, deface or destroy any official device, mark or certificate;

(d) Knowingly possess, without promptly notifying the Officer or his or her representative, any official device or any counterfeit, simulated, forged or improperly altered official mark;

(e) Knowingly make any false statement in any shipper’s certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Officer; or

(f) Knowingly represent that any article has been inspected and passed or exempted when it has not been inspected, passed or exempted.

3. No person may offer for sale or transportation any meat, meat food product, poultry or poultry food product subject to the provisions of NAC 583.211 to 583.530, inclusive, unless such products and any containers used for such products are labeled in accordance with the provisions of NAC 583.211 to 583.530, inclusive.

[Bd. of Health, Meat Inspection Reg. Art. II § XI, eff. 11-4-70; renumbered as § K, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.470 Withdrawal of inspection services. (NRS 583.055, 583.539)

1. The Officer may, for such period as the Officer deems necessary to effectuate the purposes of NAC 583.211 to 538.530, inclusive, refuse to provide or withdraw inspection services for any official establishment, custom processing establishment or mobile processing unit if he or she determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, the service, that the applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted in any federal or state court of:

(a) A felony; or

(b) More than one violation of any law, other than a felony, based upon the acquiring, handling or distributing of unwholesome, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food.

2. This section does not affect other provisions for the withdrawal of inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat, meat food products, poultry or poultry food products.

3. For the purpose of this section, a person is responsibly connected with the business if the person was a partner, officer, director, holder or owner of at least 10 percent of its voting stock or employee in a managerial or executive capacity. The determination and order of the Officer under this section is final and conclusive unless the affected applicant for, or recipient of, inspection services files an application for judicial review.

[Bd. of Health, Meat Inspection Reg. Art. V § I, eff. 11-4-70; renumbered as § A, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.480 Bribes. (NRS 583.055, 583.539)

1. Any person, or any agent or employee of any person, who gives, pays or offers, directly or indirectly, to any inspector, deputy inspector, chief inspector, or any other officer or employee of this State authorized to perform any of the duties prescribed by NRS 583.255 to 583.555, inclusive, or by the regulations of the Department or the Officer, any money or other thing of value, with an intent to influence the inspector, deputy inspector, chief inspector, or other officer or employee of this State in the discharge of any duty, is subject to prosecution for bribery pursuant to NRS 583.543.

2. Any inspector, deputy inspector, chief inspector or other officer or employee of this State authorized to perform any of the duties prescribed by NAC 583.211 to 583.530, inclusive, who accepts any money, gift or other thing of value from any person or the officers, agents or employees of the person, given with an intent to influence his or her official action, or who receives or accepts from any person engaged in intrastate commerce any gift, money or other thing of value given with any purpose or intent, is subject to prosecution for bribery pursuant to NRS 583.543 and, upon conviction, will be summarily discharged from office.

[Bd. of Health, Meat Inspection Reg. Art. II § XIV, eff. 11-4-70; renumbered as § N, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.490 Seizure and condemnation. (NRS 583.055, 583.539)

1. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, poultry or poultry food product, or any dead, dying, disabled or diseased cattle, sheep, swine, goat, equine or poultry, that is being transported in intrastate commerce, or is held for sale in this State after transportation and that:

(a) Is or has been prepared, sold, transported or otherwise distributed or offered or received for distribution in violation of NAC 583.211 to 583.530, inclusive;

(b) Is capable of use as human food and is adulterated or misbranded; or

Ê may be proceeded against and seized and condemned, by any court of competent jurisdiction.

2. If the article or animal is condemned, it must, after entry of the decree, be disposed of by destruction or sale as the court may direct.

3. In no case may the article or animal be sold contrary to the provisions of NAC 583.211 to 583.530, inclusive, the Federal Meat Inspection Act, the Poultry Products Inspection Act or the Federal Food, Drug and Cosmetic Act.

4. The provisions of this section do not limit the authority for condemnation or seizure conferred by other provisions of NAC 583.211 to 583.530, inclusive, or other laws.

[Bd. of Health, Meat Inspection Reg. Art. V §§ II & III, eff. 11-4-70; renumbered as §§ B & C, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.493 Detention or embargo of meat or poultry in custom processing establishment or mobile processing unit. (NRS 583.055, 583.539) The Department may detain or embargo any meat or poultry in a custom processing establishment or mobile processing unit for which a license was issued pursuant to NAC 583.374 if:

1. The meat or poultry does not have proper identification; or

2. The meat or poultry does not comply with the requirements of this chapter.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.495 Written warning: Contents; inspection; fee. (NRS 561.153, 583.055, 583.454, 583.539)

1. The Department may issue a written warning to a person who holds a license to operate a custom processing establishment or mobile processing unit issued pursuant to NAC 583.374 if the licensee is suspected of repeated violations of any provisions of this chapter or chapter 583 of NRS, as determined by the Department.

2. The written warning must, without limitation:

(a) Specify each violation;

(b) Provide the licensee with an opportunity to correct the violation and set forth the date by which the violation must be corrected; and

3. The Department may conduct an inspection to determine whether the violation was corrected pursuant to subsection 2. The fee for such an inspection is $500. If the licensee fails to pay such a fee within 60 days after the inspection, the Department may suspend the license of the licensee pursuant to NAC 583.497.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.497 Suspension of license to operate custom processing establishment or mobile processing unit: Notice; hearing; reinstatement; fee. (NRS 561.153, 583.055, 583.454, 583.539)

1. The Department may suspend a license issued pursuant to NAC 583.374 if:

(a) The Department has reason to believe that an imminent public health hazard exists.

(b) The custom processing establishment or mobile processing unit of a licensee is insanitary such that any carcass processed at the establishment or unit would be adulterated or contaminated.

(d) A licensee violates any provision of this chapter.

(e) A licensee has not made a custom processing establishment or mobile processing unit available for inspection upon a reasonable request from the Department.

(f) A licensee has not corrected a violation by the date set forth in the written warning issued pursuant to NAC 583.495.

(g) The Department finds insanitary conditions, insanitary practices, adulterated products or misbranded products in a custom processing establishment or mobile processing unit that violate the Poultry Products Inspection Act, 21 U.S.C. §§ 451 et seq. The suspension of a license pursuant to this paragraph must comply with the applicable rules of practice set forth in 9 C.F.R. Part 500.

2. If a license is suspended pursuant to subsection 1, the Department shall notify the licensee in writing. The notice must include a statement informing the licensee that he or she may request a hearing pursuant to subsection 3.

3. Any licensee whose license is suspended pursuant to subsection 1 or a licensee who is issued a written warning pursuant to NAC 583.495 may request in writing a hearing before the Department.

4. A licensee whose license is suspended pursuant to subsection 1 may apply to the Department for reinstatement of the license. The Department shall reevaluate the applicant and determine whether the applicant has corrected the violations that were the basis for the suspension. The Department may charge the applicant a reinstatement fee of $250. Upon payment of the fee and approval from the Department, the Department shall reinstate the license.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.500 Federal Meat Inspection Act. (NRS 583.535) The requirements of NAC 583.211 to 583.530, inclusive, apply to persons, animals and articles regulated under the Federal Meat Inspection Act only to the extent provided for in Section 408 of the Federal Act.

[Bd. of Health, Meat Inspection Reg. Art. V § V, eff. 11-4-70; renumbered as § E, 3-5-71]

NAC 583.505 Compliance with Humane Methods of Slaughter Act; exemption. (NRS 583.055, 583.539)

1. Except as otherwise provided in subsection 3, each person issued a permit or license to operate an official establishment, custom processing establishment or mobile processing unit shall comply with the Humane Methods of Slaughter Act of 1978, 7 U.S.C. §§ 1901 et seq., 21 U.S.C. § 458(a)(1) and 9 C.F.R. § 381.65(b), as applicable.

2. A custom processing establishment or mobile processing unit that slaughters poultry must follow good commercial practices for the slaughtering of poultry.

3. A person who wishes to slaughter an animal in accordance with religious dietary laws must request an exemption in writing from the Department before he or she may slaughter the animal.

4. The Department shall refuse to provide inspection services or temporarily suspend inspection services if an official establishment, custom processing establishment or mobile processing unit handles or slaughters animals in violation of the Humane Methods of Slaughter Act of 1978, 7 U.S.C. §§ 1901 et seq.

(Added to NAC by St. Quarantine Officer by R003-23, eff. 6-20-2024)

NAC 583.510 Federal assistance. (NRS 583.055, 583.539)

1. In cooperative efforts, the Officer will accept from the Secretary of Agriculture of the United States Department of Agriculture advisory assistance in planning and developing the State’s program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for the administration of the program.

2. The Officer shall recommend to the Secretary of Agriculture of the United States Department of Agriculture officials or employees of Nevada designated by the Officer, for appointment to the advisory committees provided for in Section 661 of the Federal Meat Inspection Act. The Officer shall serve as consultant with the Secretary under Section 661 of the Act.

[Bd. of Health, Meat Inspection Reg. Art. IV § I, eff. 11-4-70; renumbered as § A, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.520 Adoption of federal regulations. (NRS 583.055, 583.539)

1. The cooperative agreement between the Department and the Agricultural Marketing Service of the United States Department of Agriculture contemplates that the status of slaughter and processing plants in Nevada will be equal to those required at plants under federal inspection. To accomplish this, the Department hereby adopts by reference the following regulations, as such regulations existed on January 1, 2022, and, except as otherwise provided in subsection 5, as subsequently revised, the applicable sections of:

(a) Part 300 to Part 500, inclusive, of the Regulations Governing Meat Inspection of the United States Department of Agriculture, excluding 9 C.F.R. §§ 302.2, 303.1(c), 304.2(c), 307.4(b), (c) and (d), 307.5, 307.6, 316.13(c), 317.7, 318.8, 329.9, 381.38, 381.39, 381.104 to 381.107, inclusive, 381.195 to 381.209, inclusive, 381.218 to 381.225, inclusive, and Parts 322, 327, 331, 332, 335, 351, 390, 391 and 392.

(b) The Federal Meat Inspection Act, 21 U.S.C. §§ 601 to 676, inclusive, excluding sections 602, 609, 615 to 620, inclusive, 624, 625, 645, 661 and 674.

(d) The Humane Methods of Slaughter Act, 7 U.S.C. §§ 1901 et seq.

2. As used in the regulations adopted by reference pursuant to subsection 1, references to “We,” the “Food Safety and Inspection Service,” the “United States Department of Agriculture” or the “Department” or any label, mark or term are amended to refer to the state equivalent or counterpart.

3. The provisions of 9 C.F.R. Parts 300 to 500, inclusive, are available, free of charge, from the United States Government Printing Office at the Internet website https://www.ecfr.gov.

4. The provisions listed in paragraphs (b), (c) and (d) of subsection 1 are available, free of charge, from the Office of the Law Revision Counsel of the United States House of Representatives at the Internet website https://uscode.house.gov.

5. If a provision adopted by reference pursuant to subsection 1 is revised, the Officer will review the revision to determine its suitability for this State. If the Officer determines that the revision is not suitable for this State, the Officer will hold a public hearing to review his or her determination and give notice of the hearing within 6 months after the date of the revision. If, after the hearing, the Officer does not revise his or her determination, the Officer will give notice that the revision is not suitable for this State within 30 days after the hearing. If the Officer does not give such notice, the revision becomes part of the provision adopted by reference pursuant to subsection 1.

[Bd. of Health, Meat Inspection Reg. Art. VI, eff. 11-4-70]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

NAC 583.530 Exemptions. (NRS 583.055, 583.539)

1. The provisions requiring the inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, meat food products, poultry and poultry food products at establishments conducting the operations do not apply to:

(a) The slaughtering by any person of animals the person raised; and

(b) The preparation by the person, and the transportation in intrastate commerce, of the carcasses, parts thereof, meat, meat food products, poultry and poultry food products of the animals exclusively for use by the person, members of his or her household and his or her nonpaying guests and employees.

2. The provisions requiring the inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat, meat food products, poultry and poultry food products do not apply to operations traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail establishment for sale in normal retail quantities or service of the articles to consumers at the establishments.

3. The slaughter of animals and the preparation of articles referred to in subsection 2 must be conducted in accordance with the sanitary conditions the Officer may prescribe by regulation. Violations of any regulation is prohibited.

4. The provisions concerning adulteration and misbranding, other than the requirement of the inspection legend, apply to articles not required to be inspected under NAC 583.211 to 583.530, inclusive.

5. Except for any territorial exemption, any other exemption provided in section 623 of the Federal Meat Inspection Act and section 464 of the Poultry Products Inspection Act adopted by reference pursuant to NAC 583.520 apply to the provisions of NAC 583.211 to 583.530, inclusive.

[Bd. of Health, Meat Inspection Reg. Art. II § XV, eff. 11-4-70; renumbered as § O, 3-5-71]—(NAC A by St. Quarantine Officer by R003-23, 6-20-2024)

SHELLFISH

REVISER’S NOTE.

Pursuant to the provisions of section 73 of Senate Bill No. 466, chapter 512, Statutes of Nevada 2025, at page 3551, which directed the Legislative Counsel, in preparing supplements to the Nevada Administrative Code, to change any references to any officer, agency or other entity whose responsibilities were transferred pursuant to the provisions of Senate Bill No. 466, all references to the Health Division of the Department of Health and Human Services (now the Department of Human Services) have been changed to the Division of Animal Industry of the State Department of Agriculture and all references to the Department of Health and Human Services (now the Department of Human Services) have been changed to the State Department of Agriculture.

NAC 583.532 Definitions. (NRS 439.200) As used in NAC 583.532 to 583.590, inclusive, unless the context otherwise requires, the words and terms defined in NAC 583.534 to 583.542, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.534 “Certificate” defined. (NRS 439.200) “Certificate” means the certificate of authority to affix a stamp to containers of shellfish that is issued by the Health Division and authorizes a person to operate as a wholesaler.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.536 “Facility” defined. (NRS 439.200) “Facility” means a facility where shellfish are received, processed, repacked, shucked or distributed.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.538 “Health Division” defined. (NRS 439.200) “Health Division” means the Health Division of the Department of Health and Human Services.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.539 “Model ordinance” defined. (NRS 439.200) “Model ordinance” means the Shellfish Sanitation Model Ordinance adopted by reference by the Health Division pursuant to NAC 583.546.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.540 “Shellfish” defined. (NRS 439.200) “Shellfish” has the meaning ascribed to it in the model ordinance.

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

NAC 583.542 “Wholesaler” defined. (NRS 439.200) “Wholesaler” means a dealer, depuration processor, repacker, reshipper, shellstock shipper or shucker-packer, as those terms are defined in the model ordinance.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.546 Adoption by reference of Shellfish Sanitation Model Ordinance. (NRS 580.200, 580.910)

1. The Department hereby adopts by reference the Shellfish Sanitation Model Ordinance set forth in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, 1997 edition, published by the Food and Drug Administration of the United States Department of Health and Human Services, and any subsequent edition that is approved by the Department for use in this State. For the purposes of carrying out the provisions of NAC 583.532 to 583.590, inclusive, any reference in the Shellfish Sanitation Model Ordinance to the term “authority,” unless the context otherwise requires, shall be deemed to mean the Division of Animal Industry of the Department.

2. Each subsequent edition of the Shellfish Sanitation Model Ordinance shall be deemed approved by the Department unless the Department disapproves the edition within 10 days after the date of publication by the Food and Drug Administration. The Department shall review each edition issued after the 1997 edition to ensure its suitability for this State.

3. A copy of the Shellfish Sanitation Model Ordinance may be obtained from the Interstate Shellfish Sanitation Conference, 115 Atrium Way, Suite 117, Columbia, South Carolina 29223, at no cost, or on the Internet from the website of the Interstate Shellfish Sanitation Conference at http://www.issc.org/.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.548 Certificate required to operate as wholesaler. (NRS 439.200) A person shall not operate as a wholesaler unless the person has been issued a certificate by the Health Division.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.550 Certificate: Application; issuance; renewal; fees. (NRS 580.200, 580.910)

1. To apply for a certificate, a person must submit to the Division of Animal Industry of the Department:

(a) A completed application on a form provided by the Division;

(b) A written description of the type of business in which the person wishes to engage and the facility that will be used;

(d) A plan for analyzing the hazards of critical control points; and

(e) The applicable fees.

Ê If a holder of a certificate moves to a new facility or remodels his or her facility, the holder must submit an application for a new certificate in accordance with this subsection.

2. The Division of Animal Industry shall issue a certificate to each qualified applicant following approval of the plan for analyzing the hazards of critical control points submitted by the applicant and a satisfactory inspection of his or her facility. The Division must approve the plan for analyzing the hazards of critical control points before it conducts the inspection. Each certificate is valid for 1 year.

3. The Division of Animal Industry shall, not later than 45 days before a certificate expires, send a notice of renewal to the holder of the certificate. The notice must include:

(a) The amount of the fee for the renewal of the certificate; and

(b) The date on which the notice of renewal and fee for renewal must be returned to the Division.

4. The Division of Animal Industry may require an inspection of the facility to determine whether to renew the certificate. If the Division determines that an inspection of the facility is required for the renewal of the certificate, the certificate remains in effect until the certificate expires or until the Division makes a determination whether to renew the certificate, whichever occurs later.

5. The Division of Animal Industry shall not renew the certificate of a holder who fails, without good cause, to submit the fee for renewal to the Division not later than 30 days before the certificate expires. The provisions of this subsection do not prohibit a holder of a certificate from applying for a new certificate.

6. The Division of Animal Industry shall charge and collect the following nonrefundable fees:

(a) For the issuance or renewal of a certificate, $1,835.

(b) For the review of a plan for analyzing the hazards of critical control points for each new certificate, $635.

7. As used in this section, “plan for analyzing the hazards of critical control points,” commonly known as an “HACCP plan,” means a written document created by a food establishment that sets forth the formal procedures for following the principles of the “Hazard Analysis and Critical Control Point System,” developed by the National Advisory Committee on Microbiological Criteria for Foods and available from the United States Department of Agriculture, 1255 22nd Street, NW, Washington, DC 20250-3700.

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99; R196-03, 1-22-2004)

NAC 583.552 Certificate: Grounds for denial, suspension or revocation. (NRS 580.200, 580.910) The Division of Animal Industry of the Department may deny an application or suspend or revoke a certificate upon any of the following grounds:

1. The failure or refusal of an applicant or holder of a certificate to comply with the provisions of NAC 583.532 to 583.590, inclusive, or any other regulations adopted by the Department.

2. The failure or refusal of an applicant or holder of a certificate to cooperate with an investigation or inspection conducted by the Division to carry out the provisions of NAC 583.532 to 583.590, inclusive.

3. Engaging in the business of a wholesaler without a certificate.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.554 Certificate: Appeal of denial, suspension or revocation. (NRS 580.200, 580.910) An applicant or holder of a certificate who is aggrieved by an action of the Division of Animal Industry of the Department concerning the denial, suspension or revocation of a certificate may, not later than 10 business days after the action of the Division is taken, file a notice of appeal in the manner prescribed in NAC 439.300 to 439.395, inclusive.

(Added to NAC by Bd. of Health by R056-99, eff. 9-27-99)

NAC 583.560 Requirements for affixing stamp. (NRS 580.200, 580.910)

1. The holder of a certificate shall not affix a stamp to a container of shellfish unless he or she has complied with the provisions of the model ordinance and any applicable regulations adopted by the appropriate food safety authority.

2. As used in this section, “food safety authority” has the meaning ascribed to it in NRS 580.080.

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

REVISER’S NOTE.

Pursuant to the provisions of section 73 of Senate Bill No. 466, chapter 512, Statutes of Nevada 2025, at page 3551, which directed the Legislative Counsel to, in preparing supplements to the Nevada Administrative Code, appropriately change any references to any officer, agency or other entity whose name was changed or whose responsibilities were transferred pursuant to the provisions of the act to the appropriate officer, agency or other entity, the references to the “health authority” have been changed to the “food safety authority.”

NAC 583.570 Analysis of samples. (NRS 580.200, 580.910)

1. The holder of a certificate shall, upon request, submit samples of his or her shellfish to the Division of Animal Industry of the Department for analysis.

2. The Division of Animal Industry of the Department shall approve the shellfish if the samples are in compliance with the provisions of the model ordinance.

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

NAC 583.580 Handling and shipment. (NRS 439.200) The holder of a certificate shall handle and ship all containers to which the holder of the certificate affixes his or her stamp in a manner which:

1. Will prevent spoilage and contamination during shipping; and

2. Complies with the provisions of the model ordinance.

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)

NAC 583.590 Stamp to be affixed to tag; information required on tag. (NRS 439.200)

1. The holder of a certificate shall affix his or her stamp to a tag which is attached to a container of shellfish.

2. The tag must include:

(a) The name and address of the holder of the certificate;

(b) The number of the certificate; and

(Added to NAC by Bd. of Health, eff. 4-27-84; A by R056-99, 9-27-99)