2022 Nevada Revised Statutes
Chapter 202 - Crimes Against Public Health and Safety
NRS 202.2496 - Random inspections to enforce compliance with NRS 202.2493, 202.2494 and 370.521; assistance of person under 21 years of age in conducting inspection.
1. As necessary to comply with any applicable federal law, the Attorney General shall conduct random, unannounced inspections at locations where products containing, made or derived from tobacco, vapor products, alternative nicotine products and products containing, made or derived from nicotine are sold, distributed or offered for sale to inspect for and enforce compliance with NRS 202.2493, 202.2494 and 370.521, as applicable. To the extent possible, an inspection of each location must be conducted pursuant to this section at least once every 3 years. For assistance in conducting any such inspection, the Attorney General may contract with:
(a) Any sheriff’s department;
(b) Any police department; or
(c) Any other person who will, in the opinion of the Attorney General, perform the inspection in a fair and impartial manner.
2. If the inspector desires to enlist the assistance of a child under the age of 18 for such an inspection, the inspector shall obtain the written consent of the child’s parent for such assistance.
3. A person assisting in an inspection pursuant to this section shall, if questioned about his or her age, state his or her true age.
4. If a person under 21 years of age is assisting in an inspection pursuant to this section, the person supervising the inspection shall:
(a) Refrain from altering or attempting to alter the appearance of the person to make the person appear to be 21 years of age or older.
(b) Photograph the person attempting to purchase an item described in subsection 1 immediately before the inspection is to occur and retain any photographs taken of the person pursuant to this paragraph.
5. The person supervising an inspection using the assistance of a person under 21 years of age shall, within a reasonable time after the inspection is completed:
(a) Inform a representative of the business establishment from which the person attempted to purchase an item described in subsection 1 that an inspection has been performed and the results of that inspection.
(b) Prepare a report regarding the inspection. The report must include the following information:
(1) The name of the person who supervised the inspection and that person’s position;
(2) The age and date of birth of the person who assisted in the inspection;
(3) The name and position of the person from whom the person who assisted in the inspection attempted to purchase an item described in subsection 1;
(4) The name and address of the establishment at which the person attempted to purchase an item described in subsection 1;
(5) The date and time of the inspection; and
(6) The result of the inspection, including whether the inspection resulted in the sale, distribution or offering for sale of an item described in subsection 1 to the person under 21 years of age.
6. No administrative, civil or criminal action based upon an alleged violation of NRS 202.2493, 202.2494 or 370.521 may be brought as a result of an inspection for compliance in which the assistance of a person under 21 years of age has been enlisted to attempt to purchase an item described in subsection 1 unless the inspection has been conducted in accordance with the provisions of this section.
(Added to NRS by 1995, 2602; A 2013, 1533; 2015, 1938; 2019, 3597; 2021, 445)
