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 583.010 Saleor offer for sale of diseased or unwholesome meat or fish in city or townunlawful; penalty.

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 583.020 Saleof flesh of diseased animal or shellfish containers without approved stamp isgross misdemeanor. Any person who shallknowingly sell any flesh of any diseased animal or any container containingshellfish, if such container does not have an approved stamp authorized by theHealth Division of the Department of Health and Human Services, is guilty of agross misdemeanor.

[1911 C&P 270; RL 6535; NCL 10218](NRS A1961, 564; 1963, 970; 1967, 1176; 1969, 991; 1973, 1406)

NRS 583.030 Unlawfulpossession of carcass or part of carcass of certain animals; penalty.

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 583.040 Saleor possession of carcass of animal slaughtered or prepared under insanitaryconditions unlawful; insanitary conditions in slaughterhouses; penalties.

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 chapter 446 of NRS.

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 583.045 Sellingor offering to sell product of foreign country without label stating country oforigin prohibited; penalty.

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 583.050 Sellingmeat of equine animal without informing purchaser unlawful; peddling meat ofequine animal without possession of hide unlawful; penalty.

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 583.055 Programfor grading and certifying meats, prepared meats and meat products:Establishment; cooperative agreements; regulations; fees.

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 583.060 Saleor offer for sale of diseased or unwholesome produce in city or town unlawful;penalty.

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 583.070 Saleor offer for sale of diseased or blown poultry in city or town unlawful;penalty.

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 583.080 Possessionwith intent to sell improperly slaughtered or processed fowl unlawful; penalty.

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 583.110 Definitions. As used in NRS 583.110to 583.210, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 583.111 to 583.120, inclusive, have the meaningsascribed to them in those sections.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.111 Addledand white rot defined. Addled or whiterot means putrid or rotten.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.112 Adherentyolk defined. Adherent yolk means the yolkhas settled to one side and become fastened to the shell.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.113 Blackrot defined. Black rot means thedeterioration of an egg to such an extent that the whole interior presents ablackened appearance before the candle.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.114 Blackspot defined. Black spot means the presenceof mold or bacteria in isolated areas inside the shell.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.115 Bloodstreak defined. Blood streak means thepresence of blood in an egg due to partial incubation.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.116 Consumerdefined. Consumer means any person purchasingeggs for his familys use or consumption, or a restaurant, hotel, boardinghouse,bakery or other institution purchasing eggs for serving to guests or patrons,or for its use in cooking or baking.

[Part 2:164:1927; NCL 5161] + [Part 5:164:1927; NCL 5164](NRS A 1985, 529)

NRS 583.117 Fresheggs, ranch eggs and farm eggs defined. Fresheggs, ranch eggs, farm eggs or any other terms that represent eggs to befresh mean eggs that:

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 583.118 Incubatedeggs defined. Incubated eggs includes eggswhich have been subjected to incubation, whether natural or artificial, formore than 48 hours.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.119 Moldydefined. Moldy means the presence of mold insidethe shell.

[Part 2:164:1927; NCL 5161](NRS A 1959, 245)

NRS 583.120 Retailerdefined. Retailer means any person, firm,corporation or association which sells eggs to a consumer.

[Part 2:164:1927; NCL 5161] + [Part 5:164:1927; NCL 5164](NRS A 1985, 529)

NRS 583.130 StateQuarantine Officer: Regulations; grades and standards for eggs. The State Quarantine Officer shall:

1. Enforce the provisions of NRS 583.110 to 583.210, inclusive.

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 583.210, inclusive.

[6:164:1927; A 1931, 410; 1931 NCL 5165]

NRS 583.140 Saleof eggs unfit for human food prohibited; denatured eggs.

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 NRS 583.110 to 583.210, inclusive, an egg shall be deemedunfit for human food if:

(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 583.150 Saleof unbranded or unstamped incubated eggs unlawful. Itshall be unlawful to offer or expose for sale or sell incubated eggs unlessbranded or stamped with the word Incubated.

[Part 2:164:1927; NCL 5161]

NRS 583.160 Saleof fresh eggs not conforming to classifications unlawful. It shall be unlawful for any person, firm or corporationto represent, advertise or sell as fresh eggs any eggs that do not conform tothe classifications provided for fresh eggs in NRS 583.110 to 583.210, inclusive.

[3:164:1927; NCL 5162]

NRS 583.170 Saleor offer for sale of eggs without designation of size and quality unlawful. It shall be unlawful for any person, firm or corporationto sell or offer or expose for sale any eggs intended for human consumption:

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 583.180 Sizeand style of printing for designation of size and quality of eggs.

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 NRS 583.170 shall be plainly andconspicuously marked in boldface type letters not less than 1 inch in height.

[Part 5:164:1927; NCL 5164](NRS A 1959, 246)

NRS 583.190 Markingof containers when eggs sold in lots of half cases or more. When eggs are sold in lots of half cases or more, thecontainer must be marked, showing plainly and truly the grade or grades of eggstherein contained, and an invoice must accompany the sale plainly and trulyindicating the grade or grades of eggs sold.

[Part 5:164:1927; NCL 5164]

NRS 583.200 Applicabilityof provisions. The provisions of NRS 583.110 to 583.210, inclusive, shall not apply to anyeggs being handled for, or in transit to, or sold to dealers in commercialcenters to be candled and graded, but all such eggs offered for sale in halfcases or more shall be plainly stamped or branded Not candled upon theoutside of the container in letters 1 inch in height.

[Part 5:164:1927; NCL 5164]

NRS 583.210 Penalty. Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive, shall be guilty of amisdemeanor.

[7:164:1927; NCL 5166](NRS A 1961, 567)

INSPECTION OF MEAT AND POULTRY

NRS 583.255 Definitions. As used in NRS 583.255to 583.555, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, have the meaningsascribed to them in NRS 583.265 to 583.429, inclusive.

(Added to NRS by 1969, 982; A 1971, 890; 1991, 21;1997, 68)

NRS 583.265 Adulterateddefined.

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 583.268 Animalfood manufacturer defined. Animal food manufacturermeans any person engaged in the business of manufacturing or processing animalfood derived wholly or in part from carcasses, or parts or products of the carcasses,of poultry, cattle, sheep, swine, goats, horses, mules or other equines.

(Added to NRS by 1971, 886)

NRS 583.272 Capableof use as human food defined. Capable of useas human food applies to any carcass, or part or product of a carcass, of anypoultry, unless it is denatured or otherwise identified as required byregulations prescribed by the Officer to deter its use as human food, or it isnaturally inedible by humans.

(Added to NRS by 1971, 886)

NRS 583.275 Containerdefined. Container means any box, can, tin,cloth, plastic or any other receptacle, wrapper or cover.

(Added to NRS by 1969, 983)

NRS 583.285 Immediatecontainer defined. Immediate containermeans any consumer package or any other container in which an article, not consumerpackaged, is packed.

(Added to NRS by 1969, 983)

NRS 583.295 Inspectordefined. Inspector means:

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 583.305 Intrastatecommerce defined. Intrastate commerce meanscommerce within this state.

(Added to NRS by 1969, 984)

NRS 583.315 Labeldefined. Label means any written, printed orgraphic material upon the shipping container, if any, or upon the immediate container,including but not limited to an individual consumer package, of an article, oraccompanying such article.

(Added to NRS by 1969, 984)

NRS 583.317 Labelingdefined. Labeling means all labels and otherwritten, printed or graphic matter:

1. Upon any article or any of its containers orwrappers; or

2. Accompanying such article.

(Added to NRS by 1971, 887)

NRS 583.325 Livestockdefined. Livestock means cattle, sheep,swine, goats, horses or other equines, whether live or dead.

(Added to NRS by 1969, 984; A 1971, 891)

NRS 583.335 Meatdefined. Meat means any edible part of thecarcass of any livestock.

(Added to NRS by 1969, 984)

NRS 583.339 Meatbroker defined. Meat broker means anyperson, firm or corporation engaged in the business of buying or sellingcarcasses, parts of carcasses, meat or meat food products of cattle, sheep,swine, goats, horses, mules or other equines on commission, or otherwisenegotiating purchases or sales of such articles other than for his own accountor as an employee of another person, firm or corporation.

(Added to NRS by 1971, 887)

NRS 583.345 Meatfood product defined. Meat food productmeans any product capable of use as human food which is made wholly or in partfrom any meat or other portion of the carcass of any cattle, sheep, swine,goats, horses or other equines, except products which contain meat or otherportions of such carcasses only in a relatively small proportion orhistorically have not been considered by consumers as products of the meat foodindustry, and which are exempted from definition as a meat food product by theOfficer under such conditions as he may prescribe to assure that the meat orother portions of such carcasses contained in such product are not adulteratedand that such products are not represented as meat food products.

(Added to NRS by 1969, 984; A 1971, 891)

NRS 583.355 Misbrandeddefined. Misbranded applies to any livestockor poultry carcass, part of either carcass, meat or meat food product if:

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 583.555, inclusive, to appear on the labelor other labeling is not prominently placed thereon with such conspicuousness,as compared with other words, statements, designs or devices in the labeling,and in such terms as to render it likely to be read and understood by theordinary individual under customary conditions of purchase and use.

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 583.365 Officerdefined. Officer means the State HealthOfficer.

(Added to NRS by 1969, 985)

NRS 583.368 Officialcertificate defined. Official certificatemeans any certificate prescribed by regulations of the Officer for issuance byan inspector or other person performing an official function.

(Added to NRS by 1971, 887)

NRS 583.372 Officialdevice defined. Official device means any deviceprescribed or authorized by the Officer for use in applying any official mark.

(Added to NRS by 1971, 887)

NRS 583.375 Officialestablishment defined. Officialestablishment means any establishment in this state, other than anestablishment covered by subsection 1 of NRS583.545, which on a commercial basis slaughters or processes for hire anymeat animal, game mammal, poultry or game bird for human consumption, and whichhas been inspected and approved by the Officer.

(Added to NRS by 1969, 985; A 1975, 602; 1993, 2799)

NRS 583.385 Officialinspection mark defined. Official inspectionmark means any symbol, formulated pursuant to rules and regulations prescribedby the Officer, stating that an article was inspected and passed.

(Added to NRS by 1969, 985)

NRS 583.389 Officialmark defined. Official mark means theofficial inspection legend or any other symbol prescribed by regulations of theOfficer to identify the status of any article or animal.

(Added to NRS by 1971, 887)

NRS 583.405 Poultrydefined. Poultry means any domesticatedbird, whether live or dead.

(Added to NRS by 1969, 985; A 1971, 893)

NRS 583.407 Poultryproduct defined. Poultry product means anypoultry carcass, or part thereof, or any product which is made wholly or inpart from any poultry carcass or part thereof, excepting products which containpoultry ingredients only in a relatively small proportion or historically havenot been considered by consumers as products of the poultry food industry, andwhich are exempted by the Officer from definition as a poultry product undersuch conditions as the Officer may prescribe to assure that the poultryingredients in such products are not adulterated and that such products are notrepresented as poultry products.

(Added to NRS by 1971, 887)

NRS 583.408 Poultryproducts broker defined. Poultry products brokermeans any person engaged in the business of buying or selling poultry productson commission, or otherwise negotiating purchases or sales of such articlesother than for his own account or as an employee of another person.

(Added to NRS by 1971, 887)

NRS 583.411 Processeddefined. Processed means slaughtered,canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured orprocessed.

(Added to NRS by 1971, 887)

NRS 583.413 Rendererdefined. Renderer means any person, firm orcorporation engaged in the business of rendering carcasses or parts or productsof the carcasses of poultry, cattle, sheep, swine, goats, horses, mules orother equines, except rendering conducted under inspection.

(Added to NRS by 1971, 887)

NRS 583.415 Shippingcontainer defined. Shipping container meansany container used or intended for use in packaging the article packed in animmediate container.

(Added to NRS by 1969, 985)

NRS 583.425 WholesomeMeat Act defined. Wholesome Meat Act meansthe Wholesome Meat Act, 34 Stat. 1260-1265, as amended, 21 U.S.C. 601 etseq.

(Added to NRS by 1969, 986; A 1971, 893)

NRS 583.429 WholesomePoultry Products Act defined. WholesomePoultry Products Act means the Wholesome Poultry Products Act, 82 Stat. 791,21 U.S.C. 451 et seq.

(Added to NRS by 1971, 887)

NRS 583.435 Declarationof policy; responsibilities of Health Division of the Department of Health andHuman Services.

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 NRS 583.255 to 583.555, inclusive.

(Added to NRS by 1969, 986; A 1971, 893; 1973, 1406;1975, 602)

NRS 583.439 Compliancerequired in intrastate commerce. A personshall not, with respect to any poultry, cattle, sheep, swine, goats, horses,mules or other equines, rabbits, game mammals or birds, or any carcasses, partsof carcasses, meat or meat food products of any such animals:

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 NRS 583.255 to 583.555, inclusive.

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 583.445 Antemortem and postmortem inspection; quarantine; condemnation.

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 NRS 583.255 to 583.555, inclusive.

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 583.448 Authorizationby State Health Officer for person to act as inspector. The Officer may:

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 583.451 Authorityof owner or operator of official establishment to act as inspector. An owner or operator of an official establishment may actas an inspector for ante mortem and postmortem inspections if he receiveswritten approval from the Officer.

(Added to NRS by 1991, 20)

NRS 583.453 Officialestablishment: Requirements for permit; transferability and posting of permit.

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 583.455 Officialestablishment: Method of operation; requirements for approval; licensing bylocal government.

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 NRS 583.255 to 583.555, inclusive, the Wholesome PoultryProducts Act or the Wholesome Meat Act, or unless their admission is permittedby rules or regulations prescribed by the State Board of Health.

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 583.458 Officialestablishment: Suspension and reinstatement of permit; revocation of permit.

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 583.465 Labelingand marking of carcasses.

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 583.469 Falseor misleading markings, labels or containers: Use prohibited; stop orders;hearings; appeal.

1. No article subject to the provisions of NRS 583.255 to 583.555, inclusive, shall be sold oroffered for sale by any person, firm or corporation, in intrastate commerce,under any name or other marking or labeling which is false or misleading, or inany container of a misleading form or size, but established trade names andother markings and labeling and containers which are not false or misleadingand which are approved by the Officer are permitted.

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 583.472 Unlawfuladvertising of meat or meat products; penalty.

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 583.475 Prohibitedacts. It is unlawful for any person:

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 NRS 583.255 to 583.555, inclusive, or the Wholesome MeatAct or the Wholesome Poultry Products Act.

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 NRS 583.255 to 583.555, inclusive, or cause, procure, aid,assist in, or be a party to such false making, issuing, altering, forging,simulating, counterfeiting or unauthorized use, or knowingly to possess,without promptly notifying the Officer or his representative, utter, publish oruse as true, or cause to be uttered, published or used as true, any suchfalsely made or issued, altered, forged, simulated or counterfeited officialinspection certificate, memorandum, mark or other identification, or device formaking such mark or identification, or to represent that any article has beenofficially inspected in accordance with NRS583.255 to 583.555, inclusive, whensuch article has in fact not been so inspected, or knowingly to make any falserepresentations in any certificate prescribed by the Officer or any formresembling any such certificate.

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 NRS 583.255 to 583.555, inclusive, except as may beauthorized by and pursuant to rules and regulations prescribed by the Officer.

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 NRS 583.515.

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 583.555, inclusive, except by, or under thesupervision of, an inspector.

(Added to NRS by 1969, 987; A 1971, 895)

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.

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 583.477 Equinecarcasses or parts: Identification marks or labels required; separateprocessing may be required.

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 583.481 Registrationof name, address and trade name of business required. Noperson, firm or corporation shall engage in business, in or for intrastate commerce:

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 583.485 Records;examination of facilities and inventory.

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)

NRS 583.495 Penalties.

1. A person who:

(a) Violates any of the provisions of NRS 583.475 and 583.485 is guilty of a misdemeanor.

(b) Is once convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of thoseprovisions is guilty of a gross misdemeanor.

(c) Is twice convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of thoseprovisions is guilty of a category D felony and shall be punished as providedin NRS 193.130.

2. When construing or enforcing the provisions of NRS 583.255 to 583.555, inclusive, the act, omission orfailure of a person acting for or employed by an individual, partnership,corporation, association or other business unit, within the scope of hisemployment or office, shall in every case be deemed the act, omission or failureof the individual, partnership, corporation, association or other businessunit, as well as of the person.

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 583.555, inclusive.

(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 583.555, inclusive, if the receipt was madein good faith, unless the person, firm or corporation refuses to furnish onrequest of a representative of the Officer:

(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 583.505 Reportingof violations. Before any person is prosecutedfor violation of NRS 583.475 and 583.485, the Officer shall give such personagainst whom such proceeding is contemplated reasonable notice of the allegedviolation and opportunity to present his views orally or in writing with regardto such contemplated proceeding. Nothing in NRS583.255 to 583.555, inclusive,requires that a person be prosecuted for violations of NRS 583.475 and 583.485 whenever the Officer believes thatthe public interest will be adequately served by a suitable written notice orwarning.

(Added to NRS by 1969, 989; A 1971, 897)

NRS 583.515 Exemptions.

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 NRS 583.255 to 583.555, inclusive:

(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 583.525 Denialof inspection. The Officer may withdraw orotherwise deny approval with respect to any establishment, for such period ashe deems necessary, to effectuate the purposes of NRS 583.255 to 583.555, inclusive, for any violation of NRS 583.255 to 583.555, inclusive, by the operator, or anyone responsibly connected with the operator, of such establishment.

(Added to NRS by 1969, 990; A 1971, 898; 1975, 604)

NRS 583.527 Inspectionof articles not intended for use as food for humans prohibited; denaturing orother identification required.

1. Inspection shall not be provided pursuant to NRS 583.255 to 583.555, inclusive, at any establishmentfor the slaughter of poultry, cattle, sheep, swine, goats, horses, mules orother equines, or the preparation of any carcasses or parts thereof of suchanimals, which are not intended for use as human food.

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 583.529 Detentionof articles for investigation of violations; removal of official marks.

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 NRS 583.255 to 583.555, inclusive, and there is reason tobelieve that any such article is adulterated or misbranded and is capable ofuse as human food, or that it has not been inspected, in violation of theprovisions of NRS 583.255 to 583.555, inclusive, it may be detained bysuch representative for a period not to exceed 20 days, pending furtherinvestigation, and shall not be moved by any person, firm or corporation fromthe place at which it is located when so detained, until released by suchrepresentative.

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 583.535 Regulationsof State Board of Health; appointment of necessary personnel.

1. The State Board of Health shall promulgate suchrules and regulations as are necessary to carry out its responsibilitiespursuant to NRS 583.255 to 583.555, inclusive.

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 583.555, inclusive.

4. The Officer shall appoint such qualified personnelas are necessary to carry out his responsibilities pursuant to NRS 583.255 to 583.555, inclusive.

(Added to NRS by 1969, 990; 1971, 899; 1991, 24)

NRS 583.537 Regulationof commerce in dead or diseased animals or poultry. Noperson, firm or corporation engaged in the business of buying, selling ortransporting in intrastate commerce, or importing, dead, dying, disabled or diseasedanimals, or any parts of the carcasses of any animals that died otherwise thanby slaughter, shall buy, sell, transport, offer for sale or transportation, orreceive for transportation, in intrastate commerce, or import, any dead, dying,disabled or diseased poultry, cattle, sheep, swine, goats, horses, mules orother equines, or parts of the carcasses of any such animals that diedotherwise than by slaughter, unless such transaction, transportation orimportation is made in accordance with such regulations as the Officer mayprescribe to assure that such animals, or the unwholesome parts or productsthereof, will be prevented from being used for human food purposes.

(Added to NRS by 1971, 889)

NRS 583.539 Regulationof storage and handling of carcasses and products. TheOfficer may by regulations prescribe conditions under which carcasses, parts ofcarcasses, meat and meat food products of poultry, cattle, sheep, swine, goats,horses, mules or other equines, rabbits or game mammals, capable of use ashuman food, must be stored or otherwise handled by any person, firm orcorporation engaged in the business of buying, selling, freezing, storing ortransporting, in or for intrastate commerce, or importing, such articles,whenever the Officer deems such action necessary to assure that such articleswill not be adulterated or misbranded when delivered to the consumer.

(Added to NRS by 1971, 889; A 1975, 604; 1993, 2801)

NRS 583.543 Penaltyfor acceptance of bribes. If an inspector orthe Officer accepts any money, gift or other thing of value from a person, firmor corporation with the knowledge that the money, gift or other thing of valueis to influence his official duty pursuant to NRS583.255 to 583.555, inclusive, hemust be summarily discharged from office and is guilty of a category C felonyand shall be punished as provided in NRS193.130.

(Added to NRS by 1971, 889; A 1979, 1488; 1995, 1305)

NRS 583.545 Inapplicabilityof state law; agreements with Federal Government.

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 583.555, inclusive, the Wholesome PoultryProducts Act and the Wholesome Meat Act, and may accept financial aid from theFederal Government for such purpose.

(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406)

NRS 583.549 Injunctiverelief; specific enforcement. The districtcourts of this state are vested with jurisdiction specifically to enforce andto prevent and restrain violations of NRS583.255 to 583.555, inclusive.

(Added to NRS by 1971, 887)

NRS 583.555 Costsof inspection; schedule of killing days.

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)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.