2005 Nevada Revised Statutes - Chapter 583 — Meat, Fish, Produce, Poultry and Eggs
CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRYAND EGGS
MEAT AND FISH
NRS 583.010 Sale or offer for sale of diseased or unwholesome meat or fish in city or town unlawful;penalty.
NRS 583.020 Sale of flesh of diseased animal or shellfish containers without approved stamp is grossmisdemeanor.
NRS 583.030 Unlawfulpossession of carcass or part of carcass of certain animals; penalty.
NRS 583.040 Sale or possession of carcass of animal slaughtered or prepared under insanitaryconditions unlawful; insanitary conditions in slaughterhouses; penalties.
NRS 583.045 Sellingor offering to sell product of foreign country without label stating country oforigin prohibited; penalty.
NRS 583.050 Sellingmeat of equine animal without informing purchaser unlawful; peddling meat ofequine animal without possession of hide unlawful; penalty.
NRS 583.055 Programfor grading and certifying meats, prepared meats and meat products:Establishment; cooperative agreements; regulations; fees.
PRODUCE
NRS 583.060 Sale or offer for sale of diseased or unwholesome produce in city or town unlawful;penalty.
POULTRY
NRS 583.070 Sale or offer for sale of diseased or blown poultry in city or town unlawful; penalty.
NRS 583.080 Possessionwith intent to sell improperly slaughtered or processed fowl unlawful; penalty.
EGGS
NRS 583.110 Definitions.
NRS 583.111 Addledand white rot defined.
NRS 583.112 Adherentyolk defined.
NRS 583.113 Blackrot defined.
NRS 583.114 Blackspot defined.
NRS 583.115 Bloodstreak defined.
NRS 583.116 Consumerdefined.
NRS 583.117 Fresheggs, ranch eggs and farm eggs defined.
NRS 583.118 Incubatedeggs defined.
NRS 583.119 Moldydefined.
NRS 583.120 Retailerdefined.
NRS 583.130 StateQuarantine Officer: Regulations; grades and standards for eggs.
NRS 583.140 Sale of eggs unfit for human food prohibited; denatured eggs.
NRS 583.150 Sale of unbranded or unstamped incubated eggs unlawful.
NRS 583.160 Sale of fresh eggs not conforming to classifications unlawful.
NRS 583.170 Sale or offer for sale of eggs without designation of size and quality unlawful.
NRS 583.180 Sizeand style of printing for designation of size and quality of eggs.
NRS 583.190 Markingof containers when eggs sold in lots of half cases or more.
NRS 583.200 Applicabilityof provisions.
NRS 583.210 Penalty.
INSPECTION OF MEAT AND POULTRY
NRS 583.255 Definitions.
NRS 583.265 Adulterateddefined.
NRS 583.268 Animalfood manufacturer defined.
NRS 583.272 Capableof use as human food defined.
NRS 583.275 Containerdefined.
NRS 583.285 Immediatecontainer defined.
NRS 583.295 Inspectordefined.
NRS 583.305 Intrastatecommerce defined.
NRS 583.315 Labeldefined.
NRS 583.317 Labelingdefined.
NRS 583.325 Livestockdefined.
NRS 583.335 Meatdefined.
NRS 583.339 Meatbroker defined.
NRS 583.345 Meatfood product defined.
NRS 583.355 Misbrandeddefined.
NRS 583.365 Officerdefined.
NRS 583.368 Officialcertificate defined.
NRS 583.372 Officialdevice defined.
NRS 583.375 Officialestablishment defined.
NRS 583.385 Officialinspection mark defined.
NRS 583.389 Officialmark defined.
NRS 583.405 Poultrydefined.
NRS 583.407 Poultryproduct defined.
NRS 583.408 Poultryproducts broker defined.
NRS 583.411 Processeddefined.
NRS 583.413 Rendererdefined.
NRS 583.415 Shippingcontainer defined.
NRS 583.425 WholesomeMeat Act defined.
NRS 583.429 WholesomePoultry Products Act defined.
NRS 583.435 Declarationof policy; responsibilities of Health Division of the Department of Health andHuman Services.
NRS 583.439 Compliancerequired in intrastate commerce.
NRS 583.445 Antemortem and postmortem inspection; quarantine; condemnation.
NRS 583.448 Authorizationby State Health Officer for person to act as inspector.
NRS 583.451 Authorityof owner or operator of official establishment to act as inspector.
NRS 583.453 Officialestablishment: Requirements for permit; transferability and posting of permit.
NRS 583.455 Officialestablishment: Method of operation; requirements for approval; licensing bylocal government.
NRS 583.458 Officialestablishment: Suspension and reinstatement of permit; revocation of permit.
NRS 583.465 Labelingand marking of carcasses.
NRS 583.469 Falseor misleading markings, labels or containers: Use prohibited; stop orders;hearings; appeal.
NRS 583.472 Unlawfuladvertising of meat or meat products; penalty.
NRS 583.475 Prohibitedacts.
NRS 583.476 Returnof processed carcass of livestock, game mammal or bird: Return of carcass otherthan one delivered for processing prohibited under certain circumstances;marking of certain carcass required; penalty.
NRS 583.477 Equinecarcasses or parts: Identification marks or labels required; separateprocessing may be required.
NRS 583.481 Registrationof name, address and trade name of business required.
NRS 583.485 Records;examination of facilities and inventory.
NRS 583.495 Penalties.
NRS 583.505 Reportingof violations.
NRS 583.515 Exemptions.
NRS 583.525 Denialof inspection.
NRS 583.527 Inspectionof articles not intended for use as food for humans prohibited; denaturing orother identification required.
NRS 583.529 Detentionof articles for investigation of violations; removal of official marks.
NRS 583.535 Regulationsof State Board of Health; appointment of necessary personnel.
NRS 583.537 Regulationof commerce in dead or diseased animals or poultry.
NRS 583.539 Regulationof storage and handling of carcasses and products.
NRS 583.543 Penaltyfor acceptance of bribes.
NRS 583.545 Inapplicabilityof state law; agreements with Federal Government.
NRS 583.549 Injunctiverelief; specific enforcement.
NRS 583.555 Costsof inspection; schedule of killing days.
_________
MEAT AND FISH
NRS
1. No person shall bring, expose or offer for sale, orsell in any city or town within this state, for human food, any:
(a) Blown, meager, diseased or bad meat or game; or
(b) Unsound, diseased or unwholesome fish.
2. No person shall bring, expose or offer for sale, orsell in any city or town within this state, the flesh of any animal which, whenkilled, was sick or diseased, or that died a natural or accidental death.
3. No person shall slaughter, expose for sale or sell,or bring or cause to be brought into any city or town within this state, forhuman food, any calf unless it is in good, healthy condition and 4 weeks ofage.
4. Any article or animal that shall be offered orexhibited for sale, in any part of this state, in any market or elsewhere, asthough it were intended for sale, shall be deemed offered and exposed for sale,within the intent and meaning of this section.
5. Any person who, in violation of the provisions ofthis section, shall bring, slaughter, expose or offer for sale, or sell in anycity or town within this state any article or animal which is unfit or unsafefor human food shall forfeit the same to the authorities.
6. Any sheriff, constable, policeman or other peaceofficer or the State Health Officer shall forthwith remove any of the animalsor articles named in this section, when aware of the existence thereof, at theexpense of the owner thereof, in a manner that will insure safety andprotection to the public.
7. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.
[Part 2:32:1891; C 826; RL 2989; NCL 5306] +[Part 3:32:1891; C 827; RL 2990; NCL 5307] + [4:32:1891; C 828; RL 2990; NCL 5308] + [5:32:1891; C 829; RL 2992; NCL 5309] + [6:32:1891; C 830; RL 2993; NCL 5310] + [Part 7:32:1891; A 1895, 90; C 831; RL 2994; NCL 5311] + [8:32:1891; A 1895, 90; C 832; RL 2995; NCL 5312](NRS A 1961, 564)
NRS
[1911 C&P 270; RL 6535; NCL 10218](NRS A1961, 564; 1963, 970; 1967, 1176; 1969, 991; 1973, 1406)
NRS
1. It shall be unlawful for any person, firm orcorporation to have in his or its possession, with intent to sell:
(a) The carcass or part of any carcass of any animalwhich has died from any cause other than being slaughtered in a sanitarymanner;
(b) The carcass or part of any carcass of any animalthat shows evidence of any disease, or that came from a sick or diseasedanimal; or
(c) The carcass or part of the carcass of any calf thatwas killed before it had attained the age of 4 weeks.
2. Any person, firm or corporation violating any ofthe provisions of this section shall be guilty of a misdemeanor.
[Part 2:48:1927; NCL 10565] + [3:48:1927; A 1931,144; 1931 NCL 10566](NRS A 1961, 565)
NRS
1. It shall be unlawful for any person, firm orcorporation to sell within this State, or to have within his or its possessionwith the intent to sell within this State, for human food, the carcass or partsof the carcass of any animal which has been slaughtered, or is prepared,handled or kept under insanitary conditions, or any primal cut of meat which isnot stamped with an approved stamp authorized by the Health Division of theDepartment of Health and Human Services.
2. Insanitary conditions shall be deemed to exist inany slaughterhouse that does not comply with the provisions of
3. Any person, firm or corporation violating any ofthe provisions of this section shall be guilty of a misdemeanor.
[1:48:1927; NCL 10564] + [3:48:1927; A 1931, 144;1931 NCL 10566](NRS A 1961, 565; 1963, 970; 1967, 1176; 1973, 1406)
NRS
1. No person or corporation may sell or offer for saleto the consumer through a meat market, store or otherwise any meats, eitherfresh or frozen, which are products of any country foreign to the UnitedStates, without first indicating such fact by labels or brands on each quarter,half or whole carcass of such meat, and on each counter display containing anyof the above-described products, naming the country of its origin.
2. Any person violating any of the provisions of thissection is guilty of a misdemeanor.
(Added to NRS by 1965, 433)
NRS
1. It shall be unlawful for any person to sell themeat of any equine animal without informing the purchaser thereof, at the timeof such sale, that the meat is the meat of an equine animal.
2. It shall be unlawful for any person peddling themeat of any equine animal, who is not the keeper of any shop or meat market, tosell such meat without having in his possession then and there the hide of suchanimal containing the brand and other marks thereon, and upon request not toexhibit the hide of such animal containing the brand and other marks thereon.
3. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.
[1911 C&P 259; RL 6524; NCL 10207] + [1911C&P 260; RL 6525; NCL 10208](NRS A 1961, 566)
NRS
1. The State Department of Agriculture shall establisha program for grading and certifying meats, prepared meats and meat products inconformity with federal practice.
2. The Department may enter into cooperativeagreements with the Agricultural Marketing Service of the United StatesDepartment of Agriculture and the College of Agriculture of the University ofNevada, Reno, and adopt appropriate regulations to carry out the program.
3. The Department may establish fees, to be collectedfrom slaughtering or other processing operations, for the purpose of gradingand certifying meats, prepared meats and meat products.
(Added to NRS by 1977, 281; A 1993, 417, 1774; 1995,579; 1999, 3716)
PRODUCE
NRS
1. No person shall bring, expose or offer for sale, orsell in any city or town within this state for human food any unsound, diseasedor unwholesome fruit, vegetables or other market produce.
2. Any article that shall be offered or exhibited forsale, in any part of this state, in any market or elsewhere, as though it wereintended for sale, shall be deemed offered and exposed for sale, within theintent and meaning of this section.
3. Any person who, in violation of the provisions ofthis section, shall bring, expose or offer for sale, or sell in any city ortown within this state any article which is unfit or unsafe for human foodshall forfeit the same to the authorities.
4. Any sheriff, constable, policeman or other peaceofficer or the State Health Officer shall forthwith remove any of the articlesnamed in this section, when aware of the existence thereof, at the expense ofthe owner thereof, in a manner that will insure safety and protection to thepublic.
5. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.
[Part 2:32:1891; C 826; RL 2989; NCL 5306] +[Part 5:32:1891; C 829; RL 2992; NCL 5309] + [Part 6:32:1891; C 830; RL 2993; NCL 5310] + [Part 7:32:1891; A 1895, 90; C 831; RL 2994; NCL 5311] + [8:32:1891; A 1895, 90; C 832; RL 2995; NCL 5312](NRS A 1961,566)
POULTRY
NRS
1. No person shall bring, expose or offer for sale, orsell in any city or town within this state for human food any blown, meager,diseased or bad poultry.
2. Any article that shall be offered or exhibited forsale, in any part of this state, in any market or elsewhere, as though it wereintended for sale, shall be deemed offered and exposed for sale, within theintent and meaning of this section.
3. Any person who, in violation of the provisions ofthis section, shall bring, expose or offer for sale, or sell in any city ortown within this state any article which is unfit or unsafe for human foodshall forfeit the same to the authorities.
4. Any sheriff, constable, policeman or other peaceofficer or the State Health Officer shall forthwith remove any of the articlesnamed in this section, when aware of the existence thereof, at the expense ofthe owner thereof, in a manner that will insure safety and protection to thepublic.
5. Any person violating any of the provisions of thissection shall be guilty of a misdemeanor.
[Part 2:32:1891; C 826; RL 2989; NCL 5306] +[Part 5:32:1891; C 829; RL 2992; NCL 5309] + [Part 6:32:1891; C 830; RL 2993; NCL 5310] + [Part 7:32:1891; A 1895, 90; C 831; RL 2994; NCL 5311] + [8:32:1891; A 1895, 90; C 832; RL 2995; NCL 5312](NRS A 1961,566)
NRS
1. It shall be unlawful for any person, firm orcorporation to have in his or its possession, with intent to sell:
(a) The carcass or part of any carcass of any fowlwhich has died from any cause other than being slaughtered in a sanitarymanner;
(b) The carcass or part of any carcass of any fowl thatshows evidence of any disease, or that came from a sick or diseased fowl; or
(c) The carcass or part of any carcass of any fowl notprocessed in an establishment approved by the Health Division of the Departmentof Health and Human Services or in accordance with poultry regulations adoptedby the Health Division.
2. Any person, firm or corporation violating any ofthe provisions of this section shall be guilty of a misdemeanor.
[Part 2:48:1927; NCL 10565] + [3:48:1927; A 1931,144; 1931 NCL 10566](NRS A 1961, 567; 1963, 970; 1967, 1176; 1973, 1406)
EGGS
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161] + [Part 5:164:1927; NCL 5164](NRS A 1985, 529)
NRS
1. Meet the minimum quality of grade A under thegrades and standards prescribed by the State Quarantine Officer;
2. Have not acquired any offensive odor or taste, suchas onion, garlic, processed meats or citrus; and
3. Do not have a poor color as the result ofprocessing, storage or any other cause.
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161](NRS A 1959, 245)
NRS
[Part 2:164:1927; NCL 5161] + [Part 5:164:1927; NCL 5164](NRS A 1985, 529)
NRS
1. Enforce the provisions of
2. Make and fix grades and standards for eggs.
3. Make such rules and regulations as may be necessaryfor the enforcement of NRS 583.110 to
[6:164:1927; A 1931, 410; 1931 NCL 5165]
NRS
1. No person, firm or corporation shall sell, or offeror expose for sale, any egg unfit for human food unless the same is broken inshell and then denatured so that it cannot be used for human food.
2. For the purpose of
(a) It is addled or moldy;
(b) If it contains black spots, black rot, white rot orblood streaks;
(c) If it has an adherent yolk or bloody or green white(albumen); or
(d) If it consists in whole or in part of a filthy,decomposed or putrid substance.
[1:164:1927; NCL 5160]
NRS
[Part 2:164:1927; NCL 5161]
NRS
[3:164:1927; NCL 5162]
NRS
1. Unless each container and subcontainer is markedwith the full, correct and unabbreviated designation of size and quality of theeggs contained therein, according to the grade and standards prescribed by theState Quarantine Officer, and with the name and address of the producer, dealer,retailer or agent by or for whom the eggs were graded or marked.
2. From bulk lots, open cases or other types ofcontainers unless a plainly legible sign or placard is conspicuously placed andposted in such a position as to identify clearly and accurately the eggscontained therein and is marked with the full, correct and unabbreviateddesignation of size and quality of such eggs according to the grade andstandards prescribed by the State Quarantine Officer.
[4:164:1927; NCL 5163](NRS A 1959, 246)
NRS
1. The designation of size and quality required bysubsection 1 of NRS 583.170 shall beplainly and conspicuously marked in boldface type letters:
(a) Not less than one-fourth inch in height on theoutside top face of each container holding less than 15 dozen eggs.
(b) Not less than one-half inch in height on oneoutside end of any container holding 15 dozen or more eggs.
2. The sign or placard required by subsection 2 of
[Part 5:164:1927; NCL 5164](NRS A 1959, 246)
NRS
[Part 5:164:1927; NCL 5164]
NRS
[Part 5:164:1927; NCL 5164]
NRS
[7:164:1927; NCL 5166](NRS A 1961, 567)
INSPECTION OF MEAT AND POULTRY
NRS
(Added to NRS by 1969, 982; A 1971, 890; 1991, 21;1997, 68)
NRS
1. Adulterated applies to any livestock or poultrycarcass, part of either carcass, meat or meat food product if:
(a) It bears or contains any poisonous or deleterioussubstance which may render it injurious to health, but if the substance is notan added substance, such article shall not be considered adulterated under thisparagraph if the quantity of such substance in or on such article does notordinarily render it injurious to health.
(b) It bears or contains, by reason of administrationof any substance to the live animal or otherwise, any added poisonous or addeddeleterious substance, other than one which is:
(1) A pesticide chemical in or on a rawagricultural commodity;
(2) A food additive; or
(3) A color additive,
which may,in the judgment of the Officer, make such article unfit for human food.
(c) It is, in whole or in part, a raw agriculturalcommodity and such commodity bears or contains a pesticide chemical which isunsafe within the meaning of section 408 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. 346a.
(d) It bears or contains any food additive which isunsafe within the meaning of section 409 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. 348.
(e) It bears or contains any color additive which isunsafe within the meaning of section 706 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. 376.
(f) It 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.
(g) It has been prepared, packed or held underinsanitary conditions whereby it may have become contaminated with filth, orwhereby it may have been rendered injurious to health.
(h) It is, in whole or in part, the product of ananimal which has died otherwise than by slaughter.
(i) Its container is composed, in whole or in part, ofany poisonous or deleterious substance which may render the contents injuriousto health.
(j) It has been intentionally subjected to radiation,unless the use of the radiation was in conformity with a regulation orexemption in effect pursuant to section 409 of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. 348.
(k) Any valuable constituent has been in whole or inpart omitted or abstracted therefrom, or if any substance has been substituted,wholly or in part therefor, or if damage or inferiority has been concealed inany manner, or if any substance has been added thereto or mixed or packedtherewith so as to increase its bulk or weight, or reduce its quality orstrength, or make it appear better or of greater value than it is.
(l) It is margarine containing animal fat and any ofthe raw material used therein consisted in whole or in part of any filthy,putrid or decomposed substance.
2. An article which is not adulterated under paragraph(c), (d) or (e) of subsection 1 shall be deemed adulterated if use of thepesticide chemical, food additive or color additive in or on such article isprohibited by regulations of the Secretary of Agriculture in establishments atwhich inspection is maintained under the Wholesome Meat Act and the WholesomePoultry Products Act.
(Added to NRS by 1969, 982; A 1971, 890)
NRS
(Added to NRS by 1971, 886)
NRS
(Added to NRS by 1971, 886)
NRS
(Added to NRS by 1969, 983)
NRS
(Added to NRS by 1969, 983)
NRS
1. A person who has entered into a contract pursuantto NRS 583.448; or
2. An employee or official of the Health Division ofthe Department of Health and Human Services authorized by the Officer toinspect livestock, poultry, game mammals or birds or carcasses or partsthereof.
(Added to NRS by 1969, 984; A 1973, 1406; 1991, 21;1993, 2799)
NRS
(Added to NRS by 1969, 984)
NRS
(Added to NRS by 1969, 984)
NRS
1. Upon any article or any of its containers orwrappers; or
2. Accompanying such article.
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1969, 984; A 1971, 891)
NRS
(Added to NRS by 1969, 984)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1969, 984; A 1971, 891)
NRS
1. Its labeling is false or misleading in anyparticular.
2. It is offered for sale under the name of anotherfood.
3. It is an imitation of another food, unless itslabel bears, in type of uniform size and prominence, the word imitation andimmediately thereafter, the name of the food imitated.
4. Its container is so made, formed or filled as to bemisleading.
5. It is in a package or other container which doesnot bear a label showing:
(a) The name and place of business of the manufacturer,packer or distributor; and
(b) An accurate statement of the quantity of thecontents in terms of weight, measure or numerical count.
Underparagraph (b), reasonable variations may be permitted, and exemptions as tosmall packages may be established, by regulations prescribed by the Officer.
6. Any word, statement or other information required byor under authority of NRS 583.255 to
7. It purports to be or is represented as a food forwhich a definition and standard of identity or composition has been prescribedby regulations of the Secretary of Agriculture under section 7 of Title I ofthe Wholesome Meat Act, 21 U.S.C. 607 or section 8 of the Wholesome PoultryProducts Act, 21 U.S.C. 457, unless it conforms to such definition andstandard, and its label bears the name of the food specified in the definitionand standard and, insofar as may be required by such regulations, the commonnames of optional ingredients, other than spices, flavoring and coloring,present in such food.
8. It purports to be or is represented as a food forwhich a standard or standards of fill of container have been prescribed byregulations of the Secretary of Agriculture under section 7 of Title I of theWholesome Meat Act, 21 U.S.C. 607, or section 8 of the Wholesome PoultryProducts Act, 21 U.S.C. 457, and it falls below the standard of fill ofcontainer applicable thereto, unless its label bears, in such manner and formas such regulations specify, a statement that it falls below such standard.
9. It is not subject to the provisions of subsection7, unless its label bears:
(a) The common or usual name of the food, if any; and
(b) In case it is fabricated from two or moreingredients, the common or usual name of each such ingredient, except that spices,flavorings and colorings may, when authorized by the Officer, be designated asspices, flavorings and colorings without naming each.
To theextent that compliance with the requirements of paragraph (b) is impracticable,or results in deception or unfair competition, exemptions shall be establishedby regulations promulgated by the Officer.
10. It purports to be or is represented for specialdietary uses, unless its label bears such information concerning its vitamin,mineral and other dietary properties as the Officer determines to be, and byregulations prescribed as, necessary in order fully to inform purchasers as toits value for such uses.
11. It bears or contains any artificial flavoring,artificial coloring or chemical preservative, unless it bears labeling statingthat fact. To the extent that compliance with the requirements of this subsectionis impracticable, exemptions shall be established by regulations promulgated bythe Officer.
12. It fails to bear, directly thereon or on itscontainer, as the Officer may by regulations prescribe, the inspection legendand, unrestricted by any requirement of this section, such other information asthe Officer may require in such regulations to assure that it will not havefalse or misleading labeling and that the public will be informed of the mannerof handling required to maintain the article in a wholesome condition.
(Added to NRS by 1969, 984; A 1971, 892)
NRS
(Added to NRS by 1969, 985)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1969, 985; A 1975, 602; 1993, 2799)
NRS
(Added to NRS by 1969, 985)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1969, 985; A 1971, 893)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1971, 887)
NRS
(Added to NRS by 1969, 985)
NRS
(Added to NRS by 1969, 986; A 1971, 893)
NRS
(Added to NRS by 1971, 887)
NRS
1. Meat, meat food products, and poultry products arean important source of the supply of human food in this State and legislationto assure that such food supplies are unadulterated and otherwise fit for humanconsumption, and properly labeled, is in the public interest. Therefore, it ishereby declared to be the policy of this State to provide for the inspection ofslaughtered livestock, poultry and other animals, and the carcasses and partsthereof which are used for human food, at certain establishments to prevent thedistribution in intrastate commerce, for human consumption, of animal carcassesand parts thereof which are adulterated or otherwise unfit for human food.
2. The Health Division of the Department of Health andHuman Services is hereby designated as the single state agency primarilyresponsible for the administration of the program established by
(Added to NRS by 1969, 986; A 1971, 893; 1973, 1406;1975, 602)
NRS
1. Slaughter an animal or prepare an article which canbe used as human food at any establishment preparing animals, carcasses orproducts for intrastate commerce, except in compliance with the provisions of
2. Sell, transport, offer for sale or transportationor receive for transportation in intrastate commerce any such articles which:
(a) Are capable of use as human food;
(b) Are adulterated or misbranded at the time of thesale, transportation, offer for sale or transportation, or receipt fortransportation; or
(c) Are required to be inspected pursuant to theprovisions of this Title,
unless theyhave been so inspected and passed.
3. Do, with respect to any such articles which arecapable of use as human food, any act while they are being transported inintrastate commerce or held for sale after transportation which is intended tocause or has the effect of causing any article to be adulterated or misbranded.
(Added to NRS by 1971, 888; A 1975, 602; 1991, 22;1993, 2799)
NRS
1. The Officer, an inspector or a person acting as aninspector shall make an ante mortem inspection of livestock, poultry and gamemammals and birds in any official establishment where livestock, poultry orgame mammals or birds are slaughtered for commercial purposes.
2. Whenever slaughtering or other processingoperations are being conducted, the Officer, an inspector or a person acting asan inspector shall make postmortem inspection of the carcasses and partsthereof of each animal and bird slaughtered in an official establishment.
3. The Officer, inspector or person acting as aninspector shall quarantine, segregate and reinspect livestock, poultry, gamemammals and birds, and carcasses and parts thereof in official establishmentsas he deems necessary to effectuate the purposes of
4. Except as otherwise provided in this section, allcarcasses of livestock, poultry, other animals and parts thereof found by theOfficer, an inspector or person acting as an inspector to be adulterated in anyofficial establishment must be condemned by the Officer or an inspector. If noappeal is taken from the determination of condemnation, the carcasses must bedestroyed for human food purposes under the supervision of an inspector unlessthe carcasses can, by reprocessing, be made unadulterated. In such a case theyneed not be so condemned and destroyed if reprocessed under the supervision ofan inspector and thereafter found to be unadulterated. If any appeal is takenfrom the determination of condemnation, the carcasses must be appropriatelymarked and segregated pending completion of an additional inspection. Theappeal is at the cost of the appellant if the Officer, after a hearing,determines that the appeal is frivolous. If the determination of condemnationis sustained, the carcasses must be destroyed for human food purposes under thesupervision of an inspector.
(Added to NRS by 1969, 986; A 1971, 893; 1991, 22;1993, 2800)
NRS
1. Enter into a contract with a person to perform theduties of an inspector.
2. Authorize the owner or operator of an officialestablishment to act as an inspector for ante mortem and postmorteminspections.
(Added to NRS by 1991, 20)
NRS
(Added to NRS by 1991, 20)
NRS
1. A person shall not operate an officialestablishment unless he receives a permit issued to him by the Officer.
2. A person must apply for a permit on a form providedby the Health Division. The application must include:
(a) The applicants full name and address;
(b) A statement whether the applicant is a naturalperson, firm or corporation, and if a partnership, the names and addresses ofthe partners;
(c) A statement of the location and type of proposedestablishment; and
(d) The signature of the applicant.
3. Upon receipt of an application, an inspector shallmake an inspection of the establishment. If the inspection indicates that therequirements of this chapter have been met, the Officer shall issue a permit tothe applicant.
4. A permit issued pursuant to this section is not transferableand must be posted in the establishment.
(Added to NRS by 1991, 21)
NRS
1. Each official establishment at which livestock,poultry or game mammals or birds are slaughtered or carcasses or parts thereofare processed for intrastate commerce must be operated in accordance withsanitary practices required by rules or regulations prescribed by the Officer.Carcasses or parts of livestock, poultry or game mammals or birds must not beadmitted into any official establishment unless they have been prepared inaccordance with procedures approved pursuant to
2. The Officer may issue a permit for an establishmentto operate as an official establishment but shall not approve any establishmentwhose premises, facilities or equipment, or the operation thereof, fail to meetthe requirements of this section.
3. A local government shall not issue a businesslicense for operation of any establishment unless it has been issued a permitas an official establishment.
(Added to NRS by 1969, 986; A 1971, 894; 1975, 603;1991, 23; 1993, 2800)
NRS
1. The Officer may suspend a permit if the holderfails to comply with the requirements of this chapter.
2. If a permit is suspended, the Officer shall notifythe holder in writing. The notice must contain a statement informing the holderthat a hearing will be provided if a written request for a hearing is filed bythe holder with the Officer.
3. A person whose permit has been suspended may, atany time, apply for reinstatement of the permit. The application must contain astatement signed by the applicant that in his opinion the conditions causingthe suspension have been corrected. Within 10 days after receipt of a writtenrequest, an inspector shall make an inspection. If the applicant is complyingwith the requirements of this chapter, the permit must be reinstated.
4. After opportunity for a hearing, the Officer maypermanently revoke a permit for serious or repeated violations of any of theprovisions of this chapter or for interference with an inspector in theperformance of his duties. Before revoking a permit, the Officer shall notifythe holder in writing, by certified mail, stating the reason for which thepermit is subject to revocation and the requirements for filing a request for ahearing.
5. The Officer may permanently revoke a permit unlessa request for a hearing is filed with the Officer by the holder of the permitwithin 10 days after service of notice.
6. A hearing must be conducted by the Officer at atime and place designated by him. The Officer shall:
(a) Make a finding and may sustain, modify or rescindany notice or order considered in the hearing.
(b) Furnish a written report of the decision to theholder of the permit.
(Added to NRS by 1991, 21)
NRS
1. Each carcass of livestock, poultry or game mammalsor birds and each primal part of such a carcass must bear an officialinspection mark and an approved plant number of the establishment when itleaves the official establishment. The Officer may at any time require byregulation additional marks or label information to appear on the carcasses oflivestock, poultry or game mammals or birds, or parts thereof. Marks and labelsrequired by this section must be applied only by, or under the supervision of,an inspector.
2. If the Officer has reason to believe that any labelin use or prepared for use is false or misleading in any particular, he maydirect that the use of the label be withheld unless it is modified in themanner he prescribes. If the person using or proposing to use the label doesnot accept the determination of the Officer, he may request a hearing, but theuse of the label must, if the Officer so directs, be withheld pending a hearingand final determination by the Officer. A determination by the Officer isconclusive unless, within 30 days after the receipt of notice of thedetermination, the person adversely affected appeals to the district court inand for the county in which he has his principal place of business.
(Added to NRS by 1969, 987; A 1971, 894; 1991, 23;1993, 2801)
NRS
1. No article subject to the provisions of
2. If the Officer has reason to believe any person,firm or corporation is violating subsection 1, he may direct that such practicebe stopped.
3. If such person, firm or corporation using orproposing to use such marking, labeling or container objects to the directionof the Officer, he may request a hearing, but the use of such marking, labelingor container shall, if the Officer so directs, be withheld pending the hearingand final determination by the Officer.
4. Any final determination by the Officer shall beconclusive unless, within 30 days after receipt of notice of suchdetermination, the person, firm or corporation adversely affected therebyappeals to the district court for the county in which such person, firm or corporationhas its principal place of business.
(Added to NRS by 1971, 887)
NRS
1. It is unlawful for the owner, proprietor or managerof a retail meat market, by himself or through another, to advertise anyprepackaged meat or meat food product with a United States Department ofAgriculture grade unless such meat or meat food product is actually availableto the public and bears the grade awarded to it by the United States Departmentof Agriculture.
2. It is unlawful for the owner, proprietor or managerof a retail meat market, by himself or through another to advertise carcass,quarter or primal cuts of meat with a USDA grade unless the USDA yield grade isincluded in the advertisement.
3. Any person who violates any provision of thissection shall be punished by a fine of not more than $500.
(Added to NRS by 1973, 197; A 1979, 1488)
NRS
1. To process, sell or offer for sale, transport ordeliver or receive for transportation, in intrastate commerce, any livestock orpoultry carcass or part thereof unless such article has been inspected andunless the article and its shipping container and immediate container, if any,are marked in accordance with the requirements of
2. To sell or otherwise dispose of, for human food,any livestock or poultry carcass or part thereof which has been inspected anddeclared to be adulterated in accordance with NRS583.255 to 583.555, inclusive, orwhich is misbranded.
3. Falsely to make or issue, alter, forge, simulate orcounterfeit or use without proper authority any official inspection certificate,memorandum, mark or other identification, or device for making such mark oridentification, used in connection with inspection in accordance with
4. To misbrand or do an act intending to misbrand anylivestock or poultry carcass or part thereof, in intrastate commerce.
5. To use any container bearing an official inspectionmark unless the article contained therein is in the original form in which itwas inspected and covered by such mark unless the mark is removed, obliteratedor otherwise destroyed.
6. To refuse at any reasonable time to permit access:
(a) By a health officer or his agents to the premisesof an establishment in this state where carcasses of livestock or poultry, orparts thereof, are processed for intrastate commerce.
(b) By the Secretary of Agriculture or hisrepresentative to the premises of any establishment specified in paragraph (a),for inspection and the taking of reasonable samples.
7. To refuse to permit access to and the copying ofany record as authorized by NRS 583.485.
8. To use for personal advantage, or reveal, otherthan to the authorized representatives of any state agency in their officialcapacity, or to the courts when relevant in any judicial proceeding, anyinformation acquired under the authority of NRS583.255 to 583.555, inclusive,concerning any matter which as a trade secret is entitled to protection.
9. To deliver, receive, transport, sell or offer forsale or transportation in intrastate commerce, for human consumption, anyuneviscerated slaughtered poultry, or any livestock or poultry carcass or partthereof which has been processed in violation of any requirements under
10. To deliver, receive, transport, sell or offer forsale or transportation in intrastate commerce any adulterated or misbrandedlivestock or poultry carcass or part thereof which is exempted under
11. To apply to any livestock or poultry carcass orpart thereof, or any container thereof, any official inspection mark or labelrequired by NRS 583.255 to
(Added to NRS by 1969, 987; A 1971, 895)
NRS
1. If a carcass of livestock or of a game mammal orbird is delivered for processing to a person who is engaged in the business ofprocessing such carcasses, the person shall not, if he returns the carcassafter processing it to the person who delivered it, return to that person aprocessed carcass other than the carcass which was delivered to him forprocessing.
2. For the purposes of carrying out the provisions ofsubsection 1, a person who is engaged in the business of processing carcassesof livestock or game mammals or birds shall mark any such carcass that is to bereturned to the person who delivered it for processing in a manner whichprovides for the identification of that person.
3. A person who violates any provision of this sectionis guilty of a misdemeanor.
(Added to NRS by 1997, 68)
NRS
1. No person, firm or corporation shall sell,transport, offer for sale or transportation or receive for transportation inintrastate commerce any carcasses of horses, mules or other equines or parts ofsuch carcasses, or the meat or the meat food products thereof, unless they areplainly and conspicuously marked or labeled or otherwise identified as requiredby regulations prescribed by the Officer to show the kinds of animals fromwhich they were derived.
2. When required by the Officer, with respect toestablishments at which inspection is maintained under this Title, such animalsand their carcasses, parts thereof, meat and meat food products shall beprepared in establishments separate from those in which poultry, cattle, sheep,swine or goats are slaughtered or their carcasses, parts thereof, meat or meatfood products are prepared.
(Added to NRS by 1971, 888)
NRS
1. As a meat broker, renderer or animal foodmanufacturer;
2. As a wholesaler of any carcasses, or parts orproducts of the carcasses, of any poultry, cattle, sheep, swine, goats, horses,mules or other equines, whether intended for human food or other purposes;
3. As a public warehouseman storing any such articlesin or for intrastate commerce; or
4. Of buying, selling or transporting in intrastatecommerce, or importing, any dead, dying, disabled or diseased animals of thespecified kinds, or parts of the carcasses of any such animals that diedotherwise than by slaughter,
unless, whenrequired by regulations of the Officer, he has registered with the Officer hisname, and the address of each place of business at which and all trade names underwhich he conducts such business.
(Added to NRS by 1971, 889)
NRS
1. Persons engaged in the business of slaughtering,freezing, packing, labeling, buying and selling for intrastate commerce ortransporting, shipping or receiving in such commerce livestock or poultryslaughtered for human consumption or holding such articles so received shallmaintain such records as the Officer by regulation may require, showing, to theextent that they are concerned therewith, the receipt, delivery, sale, movementor disposition of such articles, and shall, upon the request of the Officer,permit him at reasonable times to have access to and to copy all such records.
2. Any person, firm or corporation that engages inbusiness, in or for intrastate commerce, as a renderer, or engages in thebusiness of buying, selling or transporting, in such commerce, any dead, dying,disabled or diseased cattle, sheep, swine, goats, horses, mules or otherequines, or poultry, or parts of the carcasses of any such animals that diedotherwise than by slaughter, shall keep records subject to inspection pursuantto subsection 1.
3. Any record required to be maintained by thissection shall be maintained for a period of 2 years after the transaction hastaken place which is subject to such record.
4. Persons, firms or corporations specified insubsections 1 and 2 shall, at all reasonable times, upon notice by a dulyauthorized representative of the Officer, afford such representative access totheir places of business and an opportunity to examine the facilities andinventory and to take reasonable samples of their inventory, upon payment ofthe fair market value thereof.
(Added to NRS by 1969, 988; A 1971, 896)
1. A person who:
(a) Violates any of the provisions of
(b) Is once convicted of violating the provisions of
(c) Is twice convicted of violating the provisions of
2. When construing or enforcing the provisions of
3. A carrier is not subject to the penalties imposedby this section by reason of his receipt, carriage, holding or delivery, in theusual course of business as a carrier, of livestock or poultry carcasses orparts thereof owned by another person, unless the carrier:
(a) Has knowledge, or is in possession of facts whichwould cause a reasonable person to believe, that the articles do not complywith the provisions of NRS 583.255 to
(b) Refuses to furnish, on request of a representativeof the Officer, the name and address of the person from whom he received thelivestock or poultry carcasses, or parts thereof, and copies of all documentspertaining to the delivery of such carcasses, or parts thereof, to the carrier.
4. A person, firm or corporation is not subject to thepenalties imposed by this section for receiving for transportation any shipmentin violation of NRS 583.255 to
(a) The name and address of the person from whom hereceived such shipment; and
(b) Copies of all documents pertaining to the deliveryof the shipment to him.
(Added to NRS by 1969, 988; A 1971, 896; 1995, 1305)
NRS
(Added to NRS by 1969, 989; A 1971, 897)
1. The State Board of Health shall, by regulation andunder such conditions as to labeling and sanitary standards, practices andprocedures as it may prescribe, exempt from specific provisions of
(a) Livestock producers and poultry producers, who arenatural persons with respect to livestock and poultry carcasses and partsthereof processed by them from livestock or poultry raised on their own farmsfor use by them, members of their households, nonpaying guests and employees.
(b) Retail dealers with respect to:
(1) Meat sold directly to consumers in individualretail stores or restaurants which are subject to inspection by the State Boardof Health.
(2) Poultry products sold directly to consumersin individual retail stores, if the only processing operation performed by suchretail dealers with respect to poultry is the cutting up of poultry products onthe premises where such sales to consumers are made.
(c) Persons slaughtering poultry or processing orhandling poultry carcasses or parts thereof which have been or are to beprocessed in accordance with recognized religious dietary laws, to the extentthat the Officer determines is necessary to avoid conflict with suchrequirements.
2. The Officer may by order suspend or terminate forcause any exemption under this section.
(Added to NRS by 1969, 989; A 1971, 897; 1975, 603)
NRS
(Added to NRS by 1969, 990; A 1971, 898; 1975, 604)
NRS
1. Inspection shall not be provided pursuant to
2. Such articles shall, prior to their offer for saleor transportation in intrastate commerce, unless naturally inedible by humans,be denatured or otherwise identified as prescribed by regulations of theOfficer to deter their use for human food.
3. No person, firm or corporation shall buy, sell,transport or offer for sale or transportation or receive for transportation inintrastate commerce or import, any carcasses, parts thereof, meat or meat foodproducts of any such animals which are not intended for use as human foodunless they are denatured or otherwise identified as required by theregulations of the Officer or are naturally inedible by humans.
(Added to NRS by 1971, 889)
NRS
1. Whenever any carcass, part of a carcass, meat ormeat food product of poultry, cattle, sheep, swine, goats, horses, mules orother equines, or any product exempted from the definition of a meat foodproduct, or any dead, dying, disabled or diseased poultry, cattle, sheep,swine, goat or equine is found by any authorized representative of the Officerupon any premises where it is held for purposes of, or during or afterdistribution in, intrastate commerce or otherwise subject to
2. All official marks may be required by suchrepresentative to be removed from such article or animal before it is releasedunless it appears to the satisfaction of the Officer that the article or animalis eligible to retain such marks.
(Added to NRS by 1971, 890)
NRS
1. The State Board of Health shall promulgate suchrules and regulations as are necessary to carry out its responsibilitiespursuant to NRS 583.255 to
2. The rules and regulations must establish:
(a) Procedures for hearings;
(b) Standards for licensure;
(c) Standards for ante mortem and postmorteminspections;
(d) Standards for inspection of products; and
(e) Fees for permits, licenses and inspections.
3. The rules and regulations must be in conformitywith the provisions of the Wholesome Meat Act and Wholesome Poultry ProductsAct unless the Officer determines that a provision of the Act is not in accordwith the objectives of NRS 583.255 to
4. The Officer shall appoint such qualified personnelas are necessary to carry out his responsibilities pursuant to
(Added to NRS by 1969, 990; 1971, 899; 1991, 24)
NRS
(Added to NRS by 1971, 889)
NRS
(Added to NRS by 1971, 889; A 1975, 604; 1993, 2801)
NRS
(Added to NRS by 1971, 889; A 1979, 1488; 1995, 1305)
NRS
1. NRS 583.255to 583.555, inclusive, do not apply toany act or transaction subject to regulation under the Wholesome PoultryProducts Act and the Wholesome Meat Act.
2. The Department of Health and Human Services mayenter into agreements with the Federal Government in carrying out theprovisions of NRS 583.255 to
(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406)
NRS
(Added to NRS by 1971, 887)
NRS
1. The cost of inspection of an official establishmentmust be paid by the owner or operator of the establishment.
2. The Officer may establish a mandatory schedule ofkilling days for an official establishment in any area of the State if theschedule conforms with the reasonable needs of the establishment and hasreceived the approval of the Health Division of the Department of Health andHuman Services. If such a schedule is established, it must be exclusively usedfor the inspection of the slaughtering operations of the officialestablishment.
(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406;1991, 24)
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