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2005 Nevada Revised Statutes - Chapter 581 — Weights and Measures

Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS;WEIGHTS AND MEASURES; MARKETING

CHAPTER 581 - WEIGHTS AND MEASURES

GENERAL PROVISIONS

NRS 581.001 Definitions.

NRS 581.002 Bulksale defined.

NRS 581.0025 Commercialweighing and measuring equipment defined.

NRS 581.003 Correctdefined.

NRS 581.0045 Divisiondefined.

NRS 581.007 Netmass and net weight defined.

NRS 581.010 Packagedefined.

NRS 581.012 Primarystandards defined.

NRS 581.014 Randomweight package defined.

NRS 581.016 Secondarystandards defined.

NRS 581.018 Standardpackage defined.

NRS 581.021 Weightdefined.

NRS 581.022 Weightsand measures defined.

STATE SEALER OF WEIGHTS AND MEASURES

NRS 581.030 Directorof State Department of Agriculture ex officio State Sealer of Weights andMeasures; enforcement of chapter.

NRS 581.050 Generalauthority to adopt regulations.

NRS 581.057 Enforcementof chapter: Entry into commercial premises; stop-use, hold and removal orders;seizure of property; inspection of vehicles.

NRS 581.059 Enforcementof chapter: Authority to obtain restraining order or temporary or permanentinjunction.

NRS 581.065 Duties:Proper use of weights and measures used in commercial services; prevention ofunfair and deceptive dealing; availability of facilities of Division; promotionof uniformity with laws of other states and federal agencies; ensurance ofequity between buyers and sellers.

NRS 581.067 Duties:Standards for weights and measures; exemptions; investigations; inspections,tests and approval of weights and measures; terms and units of weights andmeasures; provision of training for governmental employees; determination of accuracyof prices.

NRS 581.075 Fees.

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING ORMEASURING DEVICES

NRS 581.103 Registrationrequired. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 581.1032 Paymentof child support: Statement by applicant for certificate of registration;grounds for denial of certificate; duty of State Sealer of Weights andMeasures. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityand child support proceedings.]

NRS 581.1034 Suspensionof certificate of registration for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of certificate. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

PACKAGING

NRS 581.304 Requirementsfor random weight packages and standard packages; exemptions.

NRS 581.306 Additionalrequirements for random weight packages of same commodity.

NRS 581.315 Requirementsfor packaged commodity that is advertised with retail price stated.

NRS 581.320 Fluiddairy products: Packages for retail sale; marking of containers.

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT

NRS 581.365 Standardsfor determining quantity of commodities in liquid form and commodities not inliquid form; provision of information necessary to make price and quantitycomparisons.

NRS 581.375 Misrepresentationof quantity prohibited.

NRS 581.377 Misrepresentationof price prohibited.

NRS 581.385 Deliveryticket required for certain bulk sales and bulk deliveries; contents ofdelivery ticket.

NRS 581.395 Rebuttablepresumption that weight or measure, or weighing or measuring device isregularly used for business purposes.

UNLAWFUL ACTS AND PENALTIES

NRS 581.415 Prohibitedacts; civil penalty.

NRS 581.417 Civilpenalties: Administrative appeal; judicial review; payment; civil action forrecovery; deposit in State General Fund.

NRS 581.445 Criminalpenalties.

ADVISORY COUNCIL ON METRIC SYSTEM

NRS 581.500 Creation;number, appointment and qualifications of members.

NRS 581.510 Meetings;quorum; officers.

NRS 581.520 MetricSystem Trust Fund.

NRS 581.530 Duties.

NRS 581.540 Representativeof executive agency or political subdivision.

_________

GENERAL PROVISIONS

NRS 581.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS581.002 to 581.022, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1969, 633; A 1981, 335; 1985, 529; 2003, 2319)

NRS 581.002 Bulksale defined. Bulk sale means the sale ofcommodities when the quantity is determined at the time of sale.

(Added to NRS by 2003, 2313)

NRS 581.0025 Commercialweighing and measuring equipment defined. Commercialweighing and measuring equipment means weights and measures, and weighing andmeasuring devices, used commercially in:

1. Establishing the size, quantity, extent, area ormeasurement of quantities, things, produce or articles for distribution orconsumption, purchase, offer or submission for sale, hire or award; or

2. Computing any basic charge or payment for servicesrendered on the basis of weight or measure.

(Added to NRS by 2003, 2313)

NRS 581.003 Correctdefined. Correct means in conformance withall applicable requirements of this chapter and the regulations adoptedpursuant thereto.

(Added to NRS by 1969, 633; A 2003, 2319)

NRS 581.0045 Divisiondefined. Division means the Division of MeasurementStandards of the State Department of Agriculture.

(Added to NRS by 2003, 2313)

NRS 581.007 Netmass and net weight defined. Net mass ornet weight means the mass or weight of a commodity, excluding any materials,substances or items not considered to be part of the commodity. The terms donot include materials, substances or any other items not considered to be apart of the commodity, including, without limitation, containers, conveyances,bags, wrappers, packaging materials, labels, individual piece coverings,decorative accompaniments and coupons, except that, depending on the service tobe rendered, shipping and packaging material may be included in the weight ofthe package.

(Added to NRS by 2003, 2313)

NRS 581.010 Packagedefined.

1. Package means any commodity, whether in astandard package or random weight package:

(a) Enclosed in a container or wrapped in any manner inadvance of wholesale or retail sale; or

(b) Whose weight or measure has been determined inadvance of wholesale or retail sale.

2. The term includes an individual item or lot of anycommodity on which there is marked a selling price based on an establishedprice per unit of weight or measure.

[Part 27:169:1945; 1943 NCL 8335.27](NRS A 1961,561; 1969, 634; 2003,2319)

NRS 581.012 Primarystandards defined. Primary standards meansthe physical standards of the State of Nevada that serve as the legal referencefrom which all other standards for weights and measures are derived.

(Added to NRS by 2003, 2314)

NRS 581.014 Randomweight package defined. Random weight packagemeans a package that is one package of a lot, shipment or delivery of packagesof the same commodity with no fixed pattern of weights.

(Added to NRS by 2003, 2314)

NRS 581.016 Secondarystandards defined. Secondary standardsmeans the physical standards that are traceable to the primary standardsthrough comparisons or by using acceptable laboratory procedures, and that areused in the enforcement of statutes and regulations relating to weights andmeasures.

(Added to NRS by 2003, 2314)

NRS 581.018 Standardpackage defined. Standard package means apackage that is one of a lot, shipment or delivery of packages of the samecommodity with declarations of identical net contents, including, withoutlimitation, 1-liter bottles or 12-fluid-ounce cans of carbonated soda, 500-gramor 5-pound bags of sugar, or 100-meter or 300-foot packages of rope.

(Added to NRS by 2003, 2314)

NRS 581.021 Weightdefined. Weight means:

1. Net weight; or

2. If the commodity is sold by drained weight, netdrained wet.

(Added to NRS by 2003, 2314)

NRS 581.022 Weightsand measures defined. Weights and measuresmeans all weights and measures of every kind, and includes, without limitation,instruments and devices for weighing and measuring, and appliances andaccessories associated with such instruments and devices.

(Added to NRS by 2003, 2314)

STATE SEALER OF WEIGHTS AND MEASURES

NRS 581.030 Directorof State Department of Agriculture ex officio State Sealer of Weights andMeasures; enforcement of chapter. The Directorof the State Department of Agriculture, as ex officio State Sealer of Weightsand Measures, shall enforce the provisions of this chapter.

[Part 19:169:1945; 1943 NCL 8335.19](NRS A 1959,618; 1961, 561; 1993, 1773; 1999, 3715; 2003, 2319)

NRS 581.050 Generalauthority to adopt regulations.

1. The State Sealer of Weights and Measures may:

(a) Adopt regulations necessary to carry out theprovisions of this chapter.

(b) Ensure that those regulations comply, insofar aspracticable, with the specifications, tolerances and regulations recommended bythe National Institute of Standards and Technologies.

(c) Adopt regulations for the submission for approvalof types and designs of weights and measures and commercial weighing andmeasuring equipment.

2. The State Sealer of Weights and Measures shalladopt regulations which prescribe the:

(a) Standards for weighing and measuring devices;

(b) Requirements for the issuance of a certificate ofregistration pursuant to NRS 581.103;and

[26:169:1945; 1943 NCL 8335.26](NRS A 1960, 36;1995, 243; 2003, 2319)

NRS 581.057 Enforcementof chapter: Entry into commercial premises; stop-use, hold and removal orders;seizure of property; inspection of vehicles. TheState Sealer of Weights and Measures may, if necessary for the enforcement ofthis chapter and any regulations adopted pursuant thereto:

1. Enter any commercial premises during normalbusiness hours upon presenting his credentials.

2. Issue stop-use, hold and removal orders for anyweights and measures commercially used, and issue stop-sale, hold and removalorders for any packaged commodities or bulk sale commodities that are kept,offered or exposed for sale.

3. Seize, for use as evidence, without formal warrant,any incorrect or unapproved weight, measure, package or commodity found to beused, retained, offered or exposed for sale, or sold in violation of anyprovision of this chapter or any regulation adopted pursuant thereto.

4. Stop any commercial vehicle and, after presentationof his credentials, inspect the contents of the vehicle, require the person incharge of the vehicle to produce any documents in his possession concerning thecontents of the vehicle, and require that person to proceed with the vehicle tosome specified place for inspection.

(Added to NRS by 2003, 2316)

NRS 581.059 Enforcementof chapter: Authority to obtain restraining order or temporary or permanentinjunction. The State Sealer of Weights andMeasures may apply to any court of competent jurisdiction for a restrainingorder, temporary or permanent injunction, restraining a person from violatingany provision of this chapter or any regulation adopted pursuant thereto.

(Added to NRS by 2003, 2319)

1. Ensure that weights and measures used in commercialservices within this state are suitable for their intended use, are properlyinstalled and accurate, and are so maintained by their owner or user.

2. Prevent unfair or deceptive dealing by weight ormeasure in any commodity or service advertised, packaged, sold or purchasedwithin this state.

3. Make available to all users of physical standards,or of weighing and measuring equipment, the precision calibration and relatedmetrological certification capabilities of the facilities of the Division.

4. Promote uniformity, to the extent practicable anddesirable, between the requirements relating to weights and measures of thisstate and similar requirements of other states and federal agencies.

5. Adopt regulations establishing such requirementsrelating to weights and measures as are necessary to ensure equity betweenbuyers and sellers, and thereby encourage desirable economic growth whileprotecting consumers.

(Added to NRS by 2003, 2314)

1. Adopt regulations establishing such primarystandards and secondary standards for weights and measures for use in thisState as he determines appropriate.

2. Maintain traceability of the state standards to thenational standards of the National Institute of Standards and Technology.

3. Enforce the provisions of this chapter.

4. Adopt other reasonable regulations for theenforcement of this chapter.

5. Establish requirements for:

(a) Labeling;

(b) The presentation of information relating to costper unit;

(d) Information relating to open dating of packagedfood.

6. Grant such exemptions from the provisions of thischapter or any regulations adopted pursuant thereto as he determinesappropriate to the maintenance of good commercial practices within this State.

7. Conduct investigations to ensure compliance withthis chapter.

8. Delegate to appropriate personnel any of theresponsibilities of the Division as needed for the proper administration of theDivision.

9. Adopt regulations establishing a schedule of civilpenalties for any violation of NRS 581.415.

10. Inspect and test commercial weights and measuresthat are kept, offered or exposed for sale.

11. Inspect and test, to ascertain if they arecorrect, weights and measures that are commercially used to:

(a) Determine the weight, measure or count ofcommodities or things that are sold, or offered or exposed for sale, on thebasis of weight, measure or count; or

(b) Compute the basic charge or payment for servicesrendered on the basis of weight, measure or count.

12. Test all weights and measures used in checking thereceipt or disbursement of supplies by entities funded by legislativeappropriations.

13. Approve for use such commercial weights andmeasures as he determines are correct and appropriate. The State Sealer ofWeights and Measures may mark such commercial weights and measures. The StateSealer of Weights and Measures shall reject and order to be corrected, replacedor removed any commercial weights and measures found to be incorrect. Weightsand measures that have been rejected may be seized if they are not correctedwithin the time specified or if they are used or disposed of in a manner notspecifically authorized. The State Sealer of Weights and Measures shall removefrom service and may seize weights and measures found to be incorrect that arenot capable of being made correct.

14. Weigh, measure or inspect packaged commoditiesthat are kept, offered or exposed for sale, sold or in the process of deliveryto determine whether the packaged commodities contain the amounts representedand whether they are kept, offered or exposed for sale in accordance with thischapter or the regulations adopted pursuant thereto. In carrying out theprovisions of this subsection, the State Sealer of Weights and Measures shallemploy recognized sampling procedures, including, without limitation, samplingprocedures adopted by the National Conference on Weights and Measures.

15. Adopt regulations prescribing the appropriate termor unit of weight or measure to be used whenever the State Sealer of Weightsand Measures determines that an existing practice of declaring the quantity ofa commodity, or of setting charges for a service by weight, measure, numericalcount or time, or any combination thereof, does not facilitate valuecomparisons by consumers or may confuse consumers.

16. Allow reasonable variations from the statedquantity of contents that entered intrastate commerce, which must include thosevariations caused by loss or gain of moisture during the course of gooddistribution practices or by unavoidable deviations in good manufacturingpractices.

17. Provide for the training of persons employed byany governmental entity within this State, including, without limitation,state, county and municipal personnel, who enforce the provisions of thischapter and chapter 582 of NRS, and anyregulations adopted pursuant thereto, relating to weights and measures. TheState Sealer of Weights and Measures may establish by regulation minimumtraining and performance requirements which must be met by all such persons.

18. Verify advertised prices, price representationsand point-of-sale systems, as necessary, to determine the accuracy of pricesand computations and the correct use of the equipment, and, if such systemsutilize scanning or coding means in lieu of manual entry, the accuracy ofprices printed or recalled from a database. In carrying out the provisions ofthis subsection, the State Sealer of Weights and Measures shall:

(a) Employ recognized procedures for making suchverifications and determinations of accuracy, including, without limitation,any appropriate procedures designated by the National Institute of Standardsand Technology;

(b) Adopt regulations and issue orders regardingstandards for the accuracy of advertised prices and automated systems for retailprice charging, or point-of-sale systems, and for the enforcement of thosestandards; and

(Added to NRS by 2003, 2314)

NRS 581.075 Fees. The State Sealer of Weights and Measures may establish:

1. A schedule of fees for any tests of weighing andmeasuring devices determined by him to be necessary.

2. An annual fee for the issuance of a certificate ofregistration pursuant to NRS 581.103.

3. An annual license fee for all commercial weighingand measuring equipment.

(Added to NRS by 1960, 36; A 1983, 1102; 1995, 244; 2003, 2320)

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING ORMEASURING DEVICES

NRS 581.103 Registrationrequired. [Effective until the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. Any person who wishes to make any repair oradjustment, for hire, to a weighing or measuring device must submit to theState Sealer of Weights and Measures:

(a) An application for a certificate of registration ona form provided by the State Sealer of Weights and Measures;

(b) The statement required pursuant to NRS 581.1032;

(d) Such other information required by the State Sealerof Weights and Measures.

2. An application for a certificate of registrationmust include the social security number of the applicant.

(Added to NRS by 1960, 36; A 1967, 201; 1995, 244;1997, 2013, 2097; 1999,520; 2003, 2320)

NRS 581.103 Registration required. [Effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]Any person who wishes to make any repair or adjustment, for hire, to aweighing or measuring device must submit to the State Sealer of Weights andMeasures:

1. An application for a certificate of registration ona form provided by the State Sealer of Weights and Measures;

2. The annual fee prescribed by regulation pursuant tosubsection 2 of NRS 581.075; and

3. Such other information required by the State Sealerof Weights and Measures.

(Added to NRS by 1960, 36; A 1967, 201; 1995, 244;1997, 2013, 2097; 1999,520; 2003, 2320,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 581.1032 Paymentof child support: Statement by applicant for certificate of registration;grounds for denial of certificate; duty of State Sealer of Weights andMeasures. [Expires by limitation on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity and child support proceedings.]

1. An applicant for the issuance or renewal of acertificate of registration pursuant to NRS581.103 shall submit to the State Sealer of Weights and Measures thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The State Sealer of Weights and Measures shallinclude the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate of registration; or

(b) A separate form prescribed by the State Sealer ofWeights and Measures.

3. A certificate of registration may not be issued orrenewed by the State Sealer of Weights and Measures pursuant to NRS 581.103 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State Sealer of Weightsand Measures shall advise the applicant to contact the district attorney orother public agency enforcing the order to determine the actions that theapplicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2096)

1. If the State Sealer of Weights and Measuresreceives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a certificateof registration issued pursuant to NRS581.103, the State Sealer of Weights and Measures shall deem thecertificate of registration issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theState Sealer of Weights and Measures receives a letter issued to the holder ofthe certificate of registration by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the certificate of registration has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The State Sealer of Weights and Measures shallreinstate a certificate of registration issued pursuant to NRS 581.103 that has been suspended by adistrict court pursuant to NRS 425.540if the State Sealer of Weights and Measures receives a letter issued by thedistrict attorney or other public agency pursuant to NRS 425.550 to the person whose certificateof registration was suspended stating that the person whose certificate ofregistration was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2096)

PACKAGING

NRS 581.304 Requirementsfor random weight packages and standard packages; exemptions.

1. Except as otherwise provided in this chapter, anyrandom weight package or standard package kept, offered or exposed for sale,must bear on the outside of the package a definite, plain and conspicuousdeclaration of:

(a) The identity of the commodity in the package,unless the commodity is a food, other than meat or poultry, that was repackagedin a retail establishment and displayed to the purchaser where:

(1) The interstate labeling for the repackagedfood is clearly in view or the food has a counter card, sign or otherappropriate device bearing prominently and conspicuously the common or usualname of the food; or

(2) The common or usual name of the food isclearly revealed by its appearance;

(b) The quantity of contents of the package, in termsof weight, measure or count; and

(c) If the package is kept, offered or exposed forsale, or sold, in any place other than on the premises where packed, the nameand place of business of the manufacturer, packer or distributor.

2. The State Sealer of Weights and Measures may exemptany type of random weight package or standard package, or commodity from theprovisions of this section by regulation.

(Added to NRS by 2003, 2317)

NRS 581.306 Additionalrequirements for random weight packages of same commodity. In addition to the declarations required by NRS 581.304, each random weight package ofthe same commodity must, at the time such packages are offered or exposed forsale at retail, bear on the outside of the package a plain and conspicuousdeclaration of the price per kilogram or pound and the total selling price ofthe package.

(Added to NRS by 2003, 2317)

NRS 581.315 Requirementsfor packaged commodity that is advertised with retail price stated. If a packaged commodity is advertised in any manner withthe retail price stated, a declaration of quantity as required by this chapteror any regulation adopted pursuant thereto must appear on the package in such amanner as to be closely and conspicuously associated with the retail price ofthe packaged commodity.

(Added to NRS by 2003, 2318)

NRS 581.320 Fluiddairy products: Packages for retail sale; marking of containers.

1. All fluid dairy products must be packaged for retailsale in:

(a) Units of 1 gill or less, one-half liquid pint, 10fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts,1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon; or

(b) Such other amounts as are approved, jointly, by theState Dairy Commission and the State Sealer of Weights and Measures.

2. Each container used for the sale of such productsmust:

(a) Be marked with its capacity;

(b) Be marked with the name, initial or trademark ofthe manufacturer;

(c) Be marked with such other information as requiredby the State Dairy Commission and the State Sealer of Weights and Measures; and

(d) If the fluid dairy product is packaged for retailsale in an amount other than a unit of measure listed in paragraph (a) ofsubsection 1, be marked with its capacity in fluid ounces and a comparison ofthat quantity with the unit of measure that is closest in volume in sufficientsize and prominence to inform the public of the difference in volume.

3. This section does not apply to eatingestablishments serving milk in glasses with meals.

[10:169:1945; 1943 NCL 8335.09](NRS A 1960, 36;1969, 636; 1971, 365; 1975, 362; 1999, 3168)

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE ORCOUNT

NRS 581.365 Standardsfor determining quantity of commodities in liquid form and commodities not inliquid form; provision of information necessary to make price and quantitycomparisons.

1. Except as otherwise provided by regulation or orderof the State Sealer of Weights and Measures or by established trade custom andpractice recognized by regulation or order of the State Sealer of Weights andMeasures:

(a) Commodities in liquid form must be sold by liquidmeasure or by weight; and

(b) Commodities not in liquid form must be sold byweight, by measure or by count.

2. The method of sale of a commodity must provide suchaccurate and adequate information concerning quantity as will enable the buyerto make price and quantity comparisons.

(Added to NRS by 2003, 2317)

NRS 581.375 Misrepresentationof quantity prohibited. A person shall not:

1. Sell or offer or expose for sale a quantity lessthan the quantity represented;

2. Take more than the quantity represented when, as abuyer, he furnishes the weight or measure by which the quantity is determined;or

3. Represent the quantity in any manner calculated ortending to mislead, or in any way to deceive, another person.

(Added to NRS by 2003, 2316)

NRS 581.377 Misrepresentationof price prohibited. A person shall not:

1. Misrepresent the price of any commodity or servicesold, or offered, exposed or advertised for sale, by weight, measure or count;or

2. Misrepresent the price of such a commodity orservice in any manner calculated or tending to mislead or in any way to deceivea person.

(Added to NRS by 2003, 2316)

NRS 581.385 Deliveryticket required for certain bulk sales and bulk deliveries; contents ofdelivery ticket. All bulk sales in which thebuyer and seller are not both present to witness the measurement, all bulkdeliveries of heating fuel and all other bulk sales specified by regulation ofthe State Sealer of Weights and Measures must be accompanied by a delivery ticketcontaining:

1. The name and address of the buyer and seller;

2. The date delivered;

3. The quantity delivered and the quantity upon whichthe price is based, if the quantity upon which the price is based differs fromthe quantity delivered;

4. The unit price, unless otherwise agreed upon byboth the buyer and seller;

5. The identity of the commodity, in the mostdescriptive terms commercially practicable, including any representation aboutthe quality of the commodity made in connection with the sale; and

6. Where commodities are bought from bulk butdelivered in packages, the count of individually wrapped packages if more thanone individually wrapped package is being sold.

(Added to NRS by 2003, 2317)

NRS 581.395 Rebuttablepresumption that weight or measure, or weighing or measuring device isregularly used for business purposes. Thepresence of a weight or measure, or weighing or measuring device in or aboutany place in which or from which buying or selling is commonly carried on,creates a rebuttable presumption that the weight or measure, or weighing ormeasuring device is regularly used for the business purposes of that place.

(Added to NRS by 2003, 2319)

UNLAWFUL ACTS AND PENALTIES

NRS 581.415 Prohibitedacts; civil penalty.

1. A person shall not:

(a) Use in commerce, or have in his possession for usein commerce, any incorrect weight or measure;

(b) Sell or offer for sale for use in commerce anyincorrect weight or measure;

(c) Remove any tag, seal or mark from any weight ormeasure without specific written authorization from the proper authority;

(d) Hinder or obstruct any inspector of the Division inthe performance of his duties; or

(e) Violate any provisions of this chapter or anyregulation adopted pursuant thereto.

2. A person who violates any provision of this sectionis, in addition to any criminal penalty that may be imposed, subject to a civilpenalty in accordance with the schedule of civil penalties established by theState Sealer of Weights and Measures pursuant to subsection 9 of NRS 581.067.

(Added to NRS by 2003, 2318)

NRS 581.417 Civilpenalties: Administrative appeal; judicial review; payment; civil action forrecovery; deposit in State General Fund.

1. A person subject to a civil penalty may request anadministrative hearing within 10 days after receipt of the notice of the civilpenalty. The State Sealer of Weights and Measures or his designee shall conductthe hearing after giving appropriate notice to the respondent. The decision ofthe State Sealer of Weights and Measures or his designee is subject toappropriate judicial review.

2. If the respondent has exhausted his administrativeappeals and the civil penalty has been upheld, he shall pay the civil penalty:

(a) If no petition for judicial review is filedpursuant to NRS 233B.130, within 40days after the final decision of the State Sealer of Weights and Measures; or

(b) If a petition for judicial review is filed pursuantto NRS 233B.130 and the civil penaltyis upheld, within 10 days after the effective date of the final decision of thecourt.

3. If the respondent fails to pay the penalty, a civilaction may be brought by the State Sealer of Weights and Measures in any courtof competent jurisdiction to recover the civil penalty. All civil penaltiescollected pursuant to this chapter must be deposited with the State Treasurerfor credit to the State General Fund.

(Added to NRS by 2003, 2318)

NRS 581.445 Criminalpenalties.

1. Except as otherwise provided in subsection 2, aperson who violates any provision of NRS581.415 is guilty of a gross misdemeanor and shall be punished:

(a) For the first offense, by imprisonment in thecounty jail for not more than 6 months, or by a fine of not less than $500 ormore than $2,000, or by both fine and imprisonment.

(b) For a second or subsequent offense, by imprisonmentin the county jail for not more than 1 year, or by a fine of not less than$2,000 or more than $5,000, or by both fine and imprisonment.

2. A person who:

(a) Intentionally violates any provision of thischapter or any regulation adopted pursuant thereto;

(b) Is convicted pursuant to subsection 1 more thanthree times in a 2-year period; or

is guilty ofa category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 2003, 2318)

ADVISORY COUNCIL ON METRIC SYSTEM

NRS 581.500 Creation;number, appointment and qualifications of members.

1. The Advisory Council on the Metric System,consisting of seven members appointed by the Governor, is hereby created withinthe State Department of Agriculture.

2. The Governor shall appoint:

(a) One member from business.

(b) One member from the engineering profession.

(d) One member from industry.

(e) One member from a labor organization.

(f) One member from the faculty of a university in theNevada System of Higher Education.

(g) One member from the faculty of a public elementaryor secondary school.

(Added to NRS by 1981, 334; A 1993, 416, 1773; 1995,579; 1999, 1217, 3715; 2001, 279)

NRS 581.510 Meetings;quorum; officers.

1. The Council shall meet as its president deemsnecessary.

2. Four members of the Council constitute a quorum.

3. The members of the Council shall elect a President,a Vice President, an Executive Secretary and a Treasurer.

(Added to NRS by 1981, 334)

NRS 581.520 MetricSystem Trust Fund.

1. The Council may accept gifts or grants from anysource, and expend money so received or otherwise available to it to contractwith qualified persons or institutions for research in matters related to theconversion to the metric system of weights and measures.

2. There is hereby created in the State Treasury theMetric System Trust Fund. The Director of the State Department of Agricultureis responsible for the administration of the Trust Fund and shall deposit withthe State Treasurer for credit to the Fund any money obtained by the Councilpursuant to this section. Claims against the Fund must be approved by theCouncil and paid as other claims against the State are paid.

(Added to NRS by 1981, 334; A 1993, 1774; 1999, 3715)

NRS 581.530 Duties. The Council shall:

1. Conduct appropriate research and investigations todetermine the problems experienced by business, industry, science, engineering,education, labor, governmental agencies and the people of Nevada in atransition to the metric system.

2. Provide information on the metric system and onconversion to its use.

3. Recommend legislation and amendments to regulationsof executive agencies to provide for an orderly transition to the metricsystem.

4. Cooperate with the United States Metric Board whereappropriate.

5. Report to the Legislature and the Governor throughthe Director of the State Department of Agriculture during the month of Januaryof each odd-numbered year on its activities and the progress toward conversionto the metric system of weights and measures.

6. Perform other duties necessary to carry out theprovisions of NRS 581.500 to 581.540, inclusive.

(Added to NRS by 1981, 335; A 1993, 1774; 1999, 3715)

NRS 581.540 Representativeof executive agency or political subdivision. Anyexecutive agency or political subdivision of the State interested in assistingthe Council shall appoint a representative to participate in the Councilsactivities as part of his official duties.

(Added to NRS by 1981, 335)

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