2005 Nevada Revised Statutes - Chapter 584 — Dairy Products and Substitutes

CHAPTER 584 - DAIRY PRODUCTS ANDSUBSTITUTES

GENERAL PROVISIONS

NRS 584.001 Definitions.

NRS 584.005 Commissiondefined.

NRS 584.006 Dairyfoods manufacturing plant defined.

NRS 584.007 Milkplant defined.

NRS 584.009 Single-serviceplant defined.

STATE DAIRY COMMISSION

NRS 584.031 Creation;number of members.

NRS 584.033 Members:Appointment; qualifications; Chairman; connection with dairy industryprohibited; removal.

NRS 584.037 Governormay remove member for absence from two consecutive meetings.

NRS 584.039 Meetings;hearings; quorum; employment of attorney.

NRS 584.041 Compensationof members and employees; expenditure of money by Commission.

NRS 584.043 ExecutiveDirector; other employees.

NRS 584.047 Authorityto enter into contracts to assist in carrying out duties.

NRS 584.049 Instrumentalityof state.

NRS 584.051 Seal.

NRS 584.053 DairyCommission Fund: Creation; deposits; expenditures; interest and income to becredited to Fund.

NRS 584.057 DairyCommission Fund: Commission to keep separate record of credits anddisbursements.

NRS 584.059 Reportsubmitted to Governor: Frequency; contents; availability for public inspection.

NRS 584.061 Collectionand dissemination of statistical and other data.

NRS 584.063 Records.

NRS 584.067 Regulations:Adoption.

NRS 584.069 Regulations:Review by State Board of Health in certain circumstances.

NRS 584.071 Regulations:Publication; distribution.

NRS 584.072 Annualfees.

NRS 584.073 StateHealth Officer to consult with Commission upon request.

NRS 584.077 Licensingof distributors and registration of producers.

NRS 584.079 Powerof Commission to refuse to grant, revoke or suspend license or permit.

NRS 584.081 Investigations;records of producers and distributors.

NRS 584.083 Hearings:Powers; oaths; subpoenas; witnesses.

NRS 584.087 Hearings:Notification and appearance of Bureau of Consumer Protection in Office ofAttorney General.

NRS 584.089 Enforcementof chapter and provisions of certain stabilization and marketing plans.

NRS 584.091 Assistancein enforcement of chapter by constables, police officers and sheriffs.

NRS 584.093 Injunctionagainst violation of law or order; joinder of defendants.

FROZEN DESSERTS

NRS 584.099 Definitions.

NRS 584.101 Requirementsfor sale of frozen dessert as ice cream or ice milk.

NRS 584.103 Regulationsof Commission: Adoption; scope.

NRS 584.107 Penalty.

BUTTER

NRS 584.110 Classification.

NRS 584.115 Impurebutter defined.

NRS 584.125 Wholesomebutter defined.

NRS 584.130 Inspectionsand determinations by Commission.

NRS 584.135 Regulations.

NRS 584.140 Listof makers of wholesome or impure butter.

NRS 584.145 Pasteurizingplants to be equipped with self-registering devices; availability of records.

NRS 584.150 Sale or exchange of impure butter unlawful; imported butter; confiscation and destructionof impure butter; penalties.

NRS 584.155 Dutiesof district attorneys.

NRS 584.160 Applicabilityof provisions.

OLEOMARGARINE; MARGARINE

NRS 584.165 Dutyof manufacturer to label; penalty.

NRS 584.170 Sale of unlabeled oleomargarine or margarine unlawful; penalty.

NRS 584.175 Sizeof print on labels and brands.

SUBSTITUTE DAIRY PRODUCTS

NRS 584.176 Substitutedairy product defined.

NRS 584.177 Restrictionson labels and marks on containers containing substitute dairy products.

NRS 584.179 Penalty.

MANUFACTURED DAIRY PRODUCTS

NRS 584.1792 Dairyfoods manufacturing plant required to obtain permit to receive for sale,produce, sell, offer for sale or store manufactured dairy product; transfer ofpermit prohibited.

MILK AND CREAM

Permit for Sale

NRS 584.180 Sale or offer for sale of fresh fluid milk or cream without permit prohibited; exception.

NRS 584.185 Application.

NRS 584.190 Inspectionof dairy farms, milk plants and facilities of applicant.

NRS 584.195 Issuanceof permit; retention and availability of records concerning permits.

NRS 584.200 Inspectionof dairy farms, milk plants or facilities outside of State: Applicant orpermittee to pay expenses; deposit and use of expenses; failure to pay expensesconstitutes ground for denial, suspension or revocation of permit.

NRS 584.205 Commissionto direct periodic inspections of facilities of permittees; sale of importedmilk and milk products without inspection; authority of Commission to conductinspections upon reasonable belief of violation of regulations.

NRS 584.207 Certifiedraw milk: Definition; county milk commission.

NRS 584.208 Certifiedraw milk: Conditions governing sale; handling; regulations.

NRS 584.210 Denial,suspension or revocation of permit: Notice and opportunity for hearing undercertain circumstances; investigative and subpoena powers of Commission;records; appeal; entitlement of applicant or accused to submit subsequentapplication; regulations.

 

Weighing and Testing

NRS 584.215 Testingof milk or cream on basis of amount of butterfat to be done by licensed testerusing Babcock test; alternate methods of testing; licensing of tester.

NRS 584.216 Paymentof child support: Statement by applicant for milk testers license; grounds fordenial of license; duty of Commission. [Expires by limitation on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 584.217 Suspensionof milk testers license for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license. [Expires by limitationon the 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 fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 584.218 Applicationfor milk testers license to include social security number of applicant.[Expires by limitation on 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.]

NRS 584.220 Licenserequired for receipt or purchase of milk or cream on basis of butterfatcontent; requirements for issuance.

NRS 584.225 Licenses:Fee for milk testers license; expiration; exemption.

NRS 584.230 Revocationof licenses.

NRS 584.235 Regulations:Adoption; printing and distribution.

NRS 584.240 Licensedtester to record tests in permanent book of record; inspection of record.

NRS 584.245 Dutyof licensed tester to retain testable samples of milk and cream.

NRS 584.250 Testingof cream sold on basis of richness or percentage of milk fat.

NRS 584.255 Commissionto inspect periodically apparatus used to determine percentage of fat in milkor cream.

NRS 584.260 Specificationsof states standard measure.

NRS 584.265 Analysesof milk and cream samples by representative or appointee of Commission.

NRS 584.270 Commissionto investigate and test milk upon complaint of licensed milk producer.

NRS 584.275 Unlawfulacts concerning official test; cream to be weighed into bottle.

NRS 584.280 Fraudulentmanipulation of weight, measure or test unlawful.

NRS 584.285 Penalty.

STABILIZATION AND MARKETING OF FLUID MILK AND FLUID CREAM

General Provisions

NRS 584.325 Definitions.

NRS 584.335 Consumerdefined.

NRS 584.340 Dairyproducts defined.

NRS 584.345 Distributordefined.

NRS 584.350 Fluidcream defined.

NRS 584.355 Fluidmilk defined.

NRS 584.357 Freshdairy products defined.

NRS 584.360 Marketingarea defined.

NRS 584.370 Producerdefined.

NRS 584.375 Producer-distributordefined.

NRS 584.380 Retailstore defined.

NRS 584.385 Stabilizationand marketing plan defined.

NRS 584.390 Businessaffected with public interest; purpose of provisions.

NRS 584.395 Statementsof fact and policy.

NRS 584.400 Necessityfor marketing areas; administrative authority of Commission.

NRS 584.405 Legislativedetermination.

NRS 584.410 Purposes.

NRS 584.415 Construction.

NRS 584.419 Applicabilityto retail stores.

 

Formation and Adoption of Stabilization and Marketing Plan

NRS 584.547 Authorityto formulate plan.

NRS 584.550 Designationof marketing areas; additional areas; modification or consolidation of areas.

NRS 584.555 Hearingto determine whether producers desire fluid milk plan.

NRS 584.560 Hearingto determine whether producers desire fluid cream plan.

NRS 584.565 Formulationof plan: Notice; hearing; order declaring plan in effect.

NRS 584.566 Amendmentor termination of plan: Procedure.

NRS 584.567 Amendmentor termination of plan: Petition; hearing.

NRS 584.568 Minimumprices; discounts.

NRS 584.569 Discounton dairy products sold to elderly consumers.

NRS 584.575 Reportto producer.

NRS 584.578 Cooperationwith other authorities; enforcement of plans.

NRS 584.580 Purchaseof milk from noncomplying producers; limitation on production.

 

Unfair Trade Practices and Investigation of Marketing and PricingPractices

NRS 584.581 Certainpractices of distributors prohibited whether stabilization and marketing planin effect or not.

NRS 584.582 Unlawfulmanipulation of prices.

NRS 584.583 Saleof milk, cream, butter or fresh dairy products below cost.

NRS 584.5835 Restrictionson sale of substitute dairy products by distributor.

NRS 584.584 Distributormay meet competitive prices in sale of butter, fresh dairy products, fluid milkor fluid cream; information to be filed with Commission.

NRS 584.585 Dutyof Commission to prescribe unfair trade practices and investigate marketing andpricing practices.

NRS 584.590 Investigationof prices in marketing area: Notice; hearing; record.

 

Licensing of Distributors

NRS 584.595 Licenserequired to distribute dairy products; procedure for application; renewal;amendment; notification of Commission required if certain civil or criminalactions are brought against licensee or member of senior management oflicensee.

NRS 584.600 Bond:Amount; form and conditions; proceedings for enforcement.

NRS 584.605 Amountof bond.

NRS 584.610 Increaseof purchases.

NRS 584.615 Applicabilityof provisions requiring licenses and bonds.

NRS 584.625 Failureto execute and deliver bond or post additional bond.

NRS 584.640 Distributorpurchasing from producer-distributor: When bond not required; notice toCommission; record of purchases; reports.

NRS 584.643 Emergencycases: Shortening time for hearing; service of notice; place of hearing.

NRS 584.645 Inapplicabilityto retail stores.

 

Assessments

NRS 584.647 Assessmentson fluid milk and fluid cream.

NRS 584.648 Assessmentson butter and fresh dairy products.

NRS 584.649 Commissionmay lower rate of assessment; date on which assessment is due; penalty fordelinquent payment.

 

Reports

NRS 584.650 Recordsof distributors and cooperative organizations of producers.

NRS 584.655 Confidentialityof records and reports.

 

Penalties

NRS 584.670 Criminaland civil penalties; grounds for refusal, suspension or revocation of license.

_________

GENERAL PROVISIONS

NRS 584.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS584.005 to 584.009, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2001, 2424; A 2003, 174, 366)

NRS 584.005 Commissiondefined. Commission means the State DairyCommission created pursuant to NRS 584.031.

(Added to NRS by 2001, 2424; A 2003, 174)

NRS 584.006 Dairyfoods manufacturing plant defined. Dairyfoods manufacturing plant means:

1. Any place, structure or building where milk orother dairy products are received or handled for manufacturing or prepared fordistribution, or both;

2. When used with regard to the production,transportation, grading or use of milk, any plant that handles or purchasesmilk for manufacturing purposes; and

3. When used with regard to licensing, permitting orother regulatory requirements, only those plants that manufacture dairyproducts, including ice cream, butter, natural cheese, processed cheese, drymilk products, dry whey, evaporated milk products, condensed milk products andsuch other products for human consumption as may otherwise be designated.

(Added to NRS by 2003, 365)

NRS 584.007 Milkplant defined. Milk plant means any place,structure or building where a distributor receives fluid milk or fluid creamand weighs or tests or standardizes or pasteurizes or homogenizes or separatesor bottles or packages such fluid milk or fluid cream. The term does notinclude a place or structure or building used for the purpose of receiving,weighing or testing fluid milk or fluid cream which is to be diverted ordelivered to the milk plant of the distributor receiving fluid milk or fluidcream, which milk plant is licensed and bonded under the provisions of NRS 584.595 to 584.645, inclusive.

[64:387:1955](NRS A 2003, 174, 175)

NRS 584.009 Single-serviceplant defined. Single-service plant means aplace, structure or building where a person engages in the business ofmanufacturing a single-service container or closure for use by a milk plant forthe packaging of finished Grade A milk or milk products.

(Added to NRS by 2003, 366)

STATE DAIRY COMMISSION

NRS 584.031 Creation;number of members. The State Dairy Commission,consisting of three members, is hereby created within the Department of Businessand Industry.

[1:387:1955](NRS A 1957, 264; 1975, 1492; 1977,1638; 1993, 1775)(Substituted in revision for NRS 584.420)

NRS 584.033 Members:Appointment; qualifications; Chairman; connection with dairy industryprohibited; removal.

1. The Governor shall appoint the members of theCommission, who must have the following qualifications:

(a) One member must be a public accountant or certifiedpublic accountant who has been issued a permit or a certificate pursuant to thelaws of this State;

(b) One member must be an agricultural economist; and

(c) One member must be experienced in banking orfinance.

2. The Governor shall designate one of the members asChairman.

3. A member of the Commission shall not have anyconnection with any segment of the dairy industry.

4. The Governor may remove a member of the Commissionfor malfeasance in office or neglect of duty.

[2:387:1955](NRS A 1975, 1492; 1977, 1638; 1981,68)(Substituted in revision for NRS 584.425)

NRS 584.037 Governormay remove member for absence from two consecutive meetings. Absence from two consecutive meetings of the Commissionconstitutes good and sufficient cause for removal of a member by the Governor.

[3:387:1955](NRS A 1975, 1493)(Substituted inrevision for NRS 584.435)

NRS 584.039 Meetings;hearings; quorum; employment of attorney.

1. The members of the Commission shall meet at leastonce each month and may meet at the call of the Chairman or at the request of amajority of the members of the Commission.

2. The Commission shall conduct all hearingsauthorized pursuant to the provisions of this chapter.

3. A majority of the members constitutes a quorum anda majority vote of the Commission is required on all action taken by theCommission.

4. The Commission may retain an attorney to assist theCommission in the administration of its duties.

[5:387:1955](NRS A 1957, 264; 1977, 1638; 2001, 2434)(Substitutedin revision for NRS 584.440)

NRS 584.041 Compensationof members and employees; expenditure of money by Commission.

1. Each member of the Commission is entitled toreceive a salary of not more than $80 per day, as fixed by the Commission,while engaged in the business of the Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

3. The Commission may expend in accordance with lawall money made available for its use.

[7:387:1955](NRS A 1967, 948; 1975, 300; 1981, 1989;1985, 439; 1987, 154; 1989, 1720)(Substituted in revision for NRS 584.445)

NRS 584.043 ExecutiveDirector; other employees.

1. The Commission shall appoint an Executive Director,who shall serve ex officio as its Secretary.

2. The Executive Director may appoint such assistants,deputies, agents, experts and other employees as are necessary for theadministration of the provisions of this chapter, prescribe their duties andfix their salaries.

3. The Executive Director is in the unclassifiedservice of the State. All assistants, deputies, agents, experts and otheremployees are in the classified service.

4. The Executive Director may be removed by theCommission.

[6:387:1955](NRS A 1975, 1493; 1977, 1639; 1981,1687; 1983, 643; 1985, 440; 2001, 2435)(Substitutedin revision for NRS 584.455)

NRS 584.047 Authorityto enter into contracts to assist in carrying out duties.

1. The Commission may enterinto contracts with any person to assist it in carrying out the duties of theCommission by performing any duty imposed on the Commission pursuant to thischapter.

2. As used in this section, person includes agovernment, a governmental agency and a political subdivision of a government.

(Added to NRS by 2001, 2424; A 2003, 174)

NRS 584.049 Instrumentalityof state. The Commission is hereby declared tobe the instrumentality of this state for the purpose of administering andenforcing the provisions of this chapter and to execute the legislative intentexpressed in this chapter, and is hereby vested with the administrativeauthority described in this chapter.

[37:387:1955](NRS A 2001, 2436)(Substitutedin revision for NRS 584.500)

NRS 584.051 Seal. The Commission shall adopt a seal for its own use whichshall have imprinted thereon the words State Dairy Commission, State ofNevada. The Secretary of the Commission shall have the care and custody of theseal.

[11:387:1955](Substituted in revision for NRS 584.450)

NRS 584.053 DairyCommission Fund: Creation; deposits; expenditures; interest and income to becredited to Fund.

1. There is hereby created in the State Treasury aspecial revenue fund designated as the Dairy Commission Fund. Except asotherwise required in NRS 584.670, allmoney received by the Commission pursuant to the provisions of this chaptermust be paid into the Fund and must be expended solely for the administrationand enforcement of the provisions of this chapter.

2. The interest and income earned on the money in theDairy Commission Fund, after deducting any applicable charges, must be creditedto the Fund.

[8:387:1955](NRS A 1981, 264; 1983, 1589; 2001, 2435)(Substitutedin revision for NRS 584.460)

NRS 584.057 DairyCommission Fund: Commission to keep separate record of credits anddisbursements. The Commission shall keep aseparate record of the classes and sources of income credited to the DairyCommission Fund and of the disbursements therefrom.

[9:387:1955](Substituted in revision for NRS584.465)

NRS 584.059 Reportsubmitted to Governor: Frequency; contents; availability for public inspection.

1. The Commission shall, within 30 days before eachgeneral session of the Legislature, submit to the Governor a full and truereport of the transactions pursuant to this chapter during the precedingbiennium, including a complete statement of receipts and expenditures during thatperiod, together with its legislative recommendations.

2. This report is a public record and must be madeavailable for public inspection within a reasonable time after it is submittedto the Governor.

[72:387:1955](NRS A 2001, 2437)(Substitutedin revision for NRS 584.660)

NRS 584.061 Collectionand dissemination of statistical and other data. Inaddition to the compilation of information pertaining to fluid milk and fluidcream from the reports required by NRS584.325 to 584.670, inclusive, theCommission shall collect, assemble, compile and distribute statistical datarelative to fluid milk, fluid cream, other milk and milk products, and suchother information as may relate to the dairy industry and the provisions ofthis chapter. For the purposes of this section, the Commission may require suchinformation as it deems necessary from distributors, producers, cooperativeassociations of producers, retailers and others who are engaged in theproduction, sale, distribution, handling or transportation of fluid milk, fluidcream or other dairy products.

[73:387:1955](NRS A 1975, 1496; 2001, 2437)(Substitutedin revision for NRS 584.665)

NRS 584.063 Records. A full and accurate record of business or acts performedor of testimony taken by the Commission in pursuance of the provisions of thischapter must be kept and placed on file in the Office of the Commission.

[45:387:1955](NRS A 2003, 175)

NRS 584.067 Regulations:Adoption.

1. The Commission may adopt and enforce regulations tocarry out the provisions of this chapter.

2. The Commission shall adopt regulations establishingprocedures for:

(a) Its administration and government;

(b) The formation and adoption of stabilization andmarketing plans;

(c) The conduct of its public hearings;

(d) The manner in which information relating to costsrequired of producers, distributors and retailers is determined and presentedto the Commission; and

(e) Classifying fluid milk products into separateclasses.

(Added to NRS by 1977, 1637; A 1987, 154; 2001, 2424; 2003, 366)

NRS 584.069 Regulations:Review by State Board of Health in certain circumstances. Before the Commission may adopt a regulation pursuant to NRS 584.099 to 584.285, inclusive, the Commission shallsubmit the regulation to the State Board of Health for review and comment. TheBoard shall complete its review and return the regulation to the Commission notlater than 30 days after its receipt thereof unless the Commission agrees to alonger time.

(Added to NRS by 2001, 2424)

NRS 584.071 Regulations:Publication; distribution. A copy of everyregulation adopted by the Commission must be published immediately afteradoption and issued in pamphlet form for distribution to local health officersand, upon application therefor, to licensed or other dairymen, creameries andother persons interested in them.

(Added to NRS by 1961, 112; A 1985, 307; 2001, 2425)(Substitutedin revision for NRS 584.023)

NRS 584.072 Annualfees.

1. The Commission shall charge and collect thefollowing annual fees:

(a) For a dairy that produces:

(1) One thousand gallons or less per day............................................................ $75

(2) At least 1,001 but not more than 3,000gallons per day................................ 100

(3) More than 3,000 gallons per day...................................................................... 150

(b) For a milk plant that produces:

(1) Less than 2,000 gallons per day....................................................................... 150

(2) At least 2,000 but not more than 10,000gallons per day.............................. 300

(3) More than 10,000 gallons per day.................................................................... 500

(c) For a dairy foods manufacturing plant that is:

(1) Less than 1,000 square feet............................................................................... 150

(2) At least 1,000 but not more than 3,000square feet....................................... 180

(3) At least 3,001 but not more than 5,000square feet....................................... 230

(4) More than 5,000 square feet............................................................................. 280

(d) For a single-service plant........................................................................................ 115

(e) For a hauler of milk..................................................................................................... 20

(f) For a milk tank truck.................................................................................................... 65

2. The Commission shall charge the following fees forthe review of plans for dairies, dairy foods manufacturing plants and milkplants:

(a) For a plan for a new facility, $200 plus an amountequal to the fee for an annual permit for a facility of that kind.

(b) For a plan to remodel a facility which has apermit, $50 plus an amount equal to one-half of the fee for an annual permit tooperate the facility after the remodeling.

(Added to NRS by 2003, 366)

NRS 584.073 StateHealth Officer to consult with Commission upon request. The State Health Officer shall, if requested, consult withthe Commission on any matter concerning the public health and welfare of thepeople of this state that arises pursuant to this chapter.

(Added to NRS by 2001, 2424)

NRS 584.077 Licensingof distributors and registration of producers. TheCommission may issue licenses to distributors and require the registration ofproducers.

[39:387:1955](Substituted in revision for NRS584.510)

NRS 584.079 Powerof Commission to refuse to grant, revoke or suspend license or permit.

1. The Commission may refuse to grant any license orpermit provided in this chapter and may revoke or suspend any such license orpermit as the case may require when it is satisfied that an applicant, alicensee or a permit holder has violated any provision of this chapter, but noorder may be made refusing, revoking or suspending any license or permit exceptafter hearing upon at least 10 days notice to the applicant, licensee orpermit holder, as appropriate.

2. The decision may include an order refusing,revoking or suspending the license or permit applied for or held by therespondent, or fixing such other conditional and probationary orders as may beproper for the enforcement of this chapter.

3. After any decision, including any conditional orprobationary orders, should the respondent fail, refuse or neglect to complywith any such orders, the Commission may suspend or revoke the license orpermit in accordance with the procedure provided in this section.

4. Previous violation by any applicant or by anyperson connected with the applicant of any provision of this chapter is groundfor denial, revocation or suspension of a license or permit.

[75:387:1955](NRS A 2001, 2438; 2003, 367)

NRS 584.081 Investigations;records of producers and distributors.

1. The Commission may investigate, upon reasonablenotice, any and all transactions between producers and distributors or amongdistributors or between distributors and retail stores or between distributorsand consumers or between retail stores and consumers. The Commission or itsauthorized agents may enter at all reasonable hours all places where milk isstored, bottled or manufactured, or where milk or milk products are bought,sold or handled, or where the books, papers, records or documents relating tosuch transactions are kept, and may inspect and copy any such books, papers,records or documents.

2. Each producer and distributor shall maintainadequate records concerning his transactions in fluid milk and fluid cream.

[38:387:1955](NRS A 1959, 895)(Substituted inrevision for NRS 584.505)

NRS 584.083 Hearings:Powers; oaths; subpoenas; witnesses.

1. For the purposes of this chapter, the Commissionmay hold hearings, administer oaths, certify to official acts, takedepositions, issue subpoenas, summon witnesses and examine the books andrecords of any producer, distributor or retailer. Such an examination may bemade at any reasonable time or place by the Commission or any agent of theCommission.

2. The district court for the county in which anyinvestigation is being conducted by the Commission may compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by any subpoena issued by the Commission.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by such subpoena, the Commission mayreport to the district court for the county in which the investigation ispending by petition, setting forth:

(a) That due notice has been given of the time andplace of attendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this chapter; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Commission in theinvestigation named in the subpoena, or has refused to answer questionspropounded to him in the course of such investigation,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Commission.

4. The court, upon petition of the Commission, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in such order, the time to be not more than 10days from the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Commission. Acertified copy of the order must be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the Commission, the courtshall thereupon enter an order that the witness appear before the Commission atthe time and place fixed in the order and testify or produce the required booksor papers, and upon failure to obey the order, the witness must be dealt withas for contempt of court.

[10:387:1955](NRS A 1975, 1493; 2001, 2435)(Substitutedin revision for NRS 584.470)

NRS 584.087 Hearings:Notification and appearance of Bureau of Consumer Protection in Office ofAttorney General.

1. Written notice of any hearing held by theCommission must be mailed to the Bureau of Consumer Protection in the Office ofthe Attorney General.

2. The Bureau may file with the Commission anystatement concerning the proposed action and may appear at the hearing to giveevidence concerning the proposed action.

(Added to NRS by 1977, 1637; A 1993, 1775; 1997,2015)(Substituted in revision for NRS 584.472)

NRS 584.089 Enforcementof chapter and provisions of certain stabilization and marketing plans. The Commission shall enforce the provisions of thischapter and any stabilization and marketing plan initiated pursuant to theprovisions of NRS 584.325 to 584.670, inclusive.

[36:387:1955](NRS A 1977, 1639; 1981, 681; 2001, 2436)(Substitutedin revision for NRS 584.495)

NRS 584.091 Assistancein enforcement of chapter by constables, police officers and sheriffs. Constables, police officers and sheriffs may, uponrequest, render assistance to the Commission, any member of the Commission orany authorized representative of the Commission, in the enforcement of theprovisions of this chapter.

(Added to NRS by 1959, 901; A 2001, 2436)(Substitutedin revision for NRS 584.543)

NRS 584.093 Injunctionagainst violation of law or order; joinder of defendants.

1. The Commission may bring an action to enjoin theviolation or threatened violation of any provisions of this chapter or of anyorder made pursuant to this chapter in the district court in the county inwhich such violation occurs or is about to occur.

2. There may be enjoined in one proceeding any numberof defendants alleged to be violating the same provisions or orders, althoughtheir properties, interests, residence or place of business may be in severalcounties and the violations separate and distinct.

[47:387:1955](NRS A 2003, 175)

FROZEN DESSERTS

NRS 584.099 Definitions. As used in NRS 584.099to 584.107, inclusive:

1. Frozen dessert means any clean frozen orpartially frozen combination of two or more of the following: Milk or milkproducts, eggs or egg products, sugars, water, fruit or fruit juices, candy,nut meats, or other harmless and wholesome food products, flavors, color orharmless stabilizer, and includes ice cream, frozen custard, ice milk, milksherbet, ices and other similar products.

2. Mix means the unfrozen combination of allingredients of a frozen dessert with or without fruits, fruit juices, candy,nut meats, flavor or harmless color.

(Added to NRS by 1961, 112)(Substituted in revisionfor NRS 584.013)

NRS 584.101 Requirementsfor sale of frozen dessert as ice cream or ice milk.

1. As used in this section:

(a) Candy includes candies, cakes, cookies, glaceedfruits, prepared cereals and similar products.

(b) Chocolate ice cream means ice cream flavored withchocolate or cocoa.

(c) Fruit ice cream means ice cream containing notless than 3 percent by weight of clean, mature, sound fruit or its equivalentin other forms.

(d) Nut or candy ice cream means ice cream containingnot less than 1 percent by weight of sound, nonrancid nut meats or candy.

2. No frozen dessert may be labeled or sold in thisstate as ice cream unless it:

(a) Weighs at least 4.5 pounds per gallon;

(b) Contains at least 6 percent of milk solids not fat;and

(c) Except as provided in subsection 3, contains atleast 10 percent of milk fat and 20 percent of total milk solids.

3. Chocolate ice cream, fruit ice cream and nut orcandy ice cream must contain at least 8 percent of milk fat and 16 percent oftotal milk solids.

4. Frozen desserts may be produced and sold whichcontain less than the amounts of milk fat required by subsections 2 and 3 fortheir respective categories of ice cream, but must be labeled:

(a) Ice milk if they contain at least 2 percent ofmilk fat and 11 percent of milk solids;

(b) Low-fat frozen dairy desserts if they contain atleast 0.5 percent but less than 2 percent milk fat; or

(c) By a name which does not imply a dairy dessert, ifthey contain less than such amounts.

(Added to NRS by 1967, 1267; A 1983, 452)(Substitutedin revision for NRS 584.014)

NRS 584.103 Regulationsof Commission: Adoption; scope. Except asotherwise provided by law, the Commission shall adopt, and may amend andrepeal, reasonable regulations governing:

1. The production, manufacturing, mixing, preparing,processing, pasteurizing, freezing, packaging, transportation, handling,sampling, examination, labeling and sale of all mix and frozen desserts soldfor ultimate consumption within the State of Nevada.

2. The inspection of all establishments engaged in theproduction, processing and distribution of mix and frozen desserts.

3. The issuing and revocation of permits to frozendesserts plants.

4. The grading and regrading of frozen dessertsplants.

5. The displaying of grade placards.

6. The fixing of penalties for a violation of theregulations.

(Added to NRS by 1961, 112; A 1967, 1267; 2001, 2425)(Substitutedin revision for NRS 584.017)

NRS 584.107 Penalty. Any person who violates any provision of the regulationsadopted pursuant to NRS 584.103, orrefuses or neglects to obey any lawful order of the Commission, is guilty of amisdemeanor.

(Added to NRS by 1961, 112; A 1967, 618; 2001, 2425)(Substitutedin revision for NRS 584.027)

BUTTER

NRS 584.110 Classification. For the purposes of NRS584.110 to 584.160, inclusive,butter shall be classified as wholesome or impure.

[Part 1:151:1917; 1919 RL p. 2973; NCL 2286]

NRS 584.115 Impurebutter defined. For the purposes of NRS 584.110 to 584.160, inclusive, impure butter isdefined to be all butter other than that which is wholesome as defined in NRS 584.125.

[Part 1:151:1917; 1919 RL p. 2973; NCL 2286]

NRS 584.125 Wholesomebutter defined. For the purposes of NRS 584.110 to 584.160, inclusive, wholesome butter isdefined to be butter made from cream and milk wherein the entire procedure fromdairy to creamery, or other place of manufacture of such product or products,is conducted under sanitary conditions, and wherein the milk or cream haseither been produced by cows all of which have been duly certified by somereputable veterinarian as free from tuberculosis, or, if not so certified,wherein such milk or cream has been pasteurized as prescribed by the Commissionpursuant to NRS 584.135.

[Part 1:151:1917; 1919 RL p. 2973; NCL 2286](NRS A1973, 280; 2001, 2425)

NRS 584.130 Inspectionsand determinations by Commission. The inspectionof butter under the provisions of NRS584.110 to 584.160, inclusive, andthe determination of the same as wholesome or impure, are hereby made duties ofthe Commission. The Commission is hereby given all necessary authority andpower for such inspection and determination and may employ such inspectors oragents therefor as may be necessary within any revenues generated orappropriation provided for such purposes.

[Part 3:151:1917; 1919 RL p. 2973; NCL 2288](NRS A2001, 2425)

NRS 584.135 Regulations. The Commission shall make such regulations, within themeaning and purposes of NRS 584.110 to 584.160, inclusive, as may be necessary intheir administration, and which may include the sanitary production, care andhandling of milk and cream used in the making of butter.

[Part 4:151:1917; 1919 RL p. 2974; NCL 2289](NRS A1969, 1447; 1973, 995; 2001,2425)

NRS 584.140 Listof makers of wholesome or impure butter. TheCommission shall supply local dealers in butter with a list of persons, firmsand creameries commonly supplying butter for local consumption classified asmakers of wholesome or impure butter, and shall, from time to time thereafter,supply such dealers with additions to or alterations in such classifications.

[Part 4:151:1917; 1919 RL p. 2974; NCL 2289](NRS A2001, 2426)

NRS 584.145 Pasteurizingplants to be equipped with self-registering devices; availability of records. Pasteurizing plants must be equipped with aself-registering device for recording the time and temperature of pasteurizing.Such a record must be kept for at least 6 months and must be available forinspection by any health officer or person charged with the enforcement of NRS 584.110 to 584.160, inclusive.

[Part 1:151:1917; 1919 RL p. 2973; NCL 2286](NRS A2003, 367)

NRS 584.150 Saleor exchange of impure butter unlawful; imported butter; confiscation anddestruction of impure butter; penalties.

1. It is unlawful for any person, firm or corporationto sell or exchange, or offer or expose for sale or exchange, for humanconsumption, any impure butter.

2. Imported butter from states having similar laws, ifmade by creameries, dairies or farms recognized by the authorities of suchstates as manufacturing wholesome butter, and imported pasteurized butter fromstates not having similar laws but the makers of which have satisfied theCommission that such butter conforms to the requirements of NRS 584.110 to 584.160, inclusive, shall be deemedwholesome if offered for sale or exchange in this state. All other importedbutter shall be deemed impure.

3. All impure butter offered for sale or exchange, forhuman consumption, is subject to confiscation by the police authorities and maybe destroyed.

4. Any person, firm or corporation violating theprovisions of this section is guilty, for the first offense, of a misdemeanor,and for any subsequent offense, of a gross misdemeanor.

[Part 2:151:1917; 1919 RL p. 2973; NCL 2287](NRS A2001, 2426)

NRS 584.155 Dutiesof district attorneys. On complaint by theCommission of the violation of NRS 584.150by any person, firm or corporation, the district attorney of the county inwhich the violation is alleged to have occurred shall institute criminalproceedings against the person complained of and shall prosecute the same inthe proper courts.

[Part 3:151:1917; 1919 RL p. 2973; NCL 2288](NRS A2001, 2426)

NRS 584.160 Applicabilityof provisions. The provisions of NRS 584.110 to 584.160, inclusive, shall not apply wherethe butter is retailed by the maker in quantities not exceeding 250 pounds permonth.

[Part 5:151:1917; 1919 RL p. 2974; NCL 2290]

OLEOMARGARINE; MARGARINE

NRS 584.165 Dutyof manufacturer to label; penalty. Everyperson who shall manufacture for sale any article or substance in semblance ofbutter that is not the legitimate product of the dairy, and not madeexclusively of milk or cream, but into which vegetable products or the oil orfat of animals, not produced from milk, enters as a component part, or intowhich melted butter, or any oil thereof, has been introduced, to take the placeof cream, unless the package containing such article or substance shall belabeled or branded with the word oleomargarine or margarine, as provided inNRS 584.170, is guilty of a misdemeanor.

[1911 C&P 261; RL 6526; NCL 10209](NRS A1967, 1073)

NRS 584.170 Saleof unlabeled oleomargarine or margarine unlawful; penalty.

1. Every person who shall sell, or offer or expose forsale, or have in his possession with intent to sell, any of the article orsubstance mentioned in NRS 584.165,shall distinctly mark, brand or label every package containing such article orsubstance, whether at wholesale or retail, with the word oleomargarine ormargarine.

2. Every person who shall sell, or offer for sale,such article or substance not so branded, marked or labeled is guilty of amisdemeanor.

[1911 C&P 262; RL 6527; NCL 10210](NRS A1967, 1074)

NRS 584.175 Sizeof print on labels and brands. The branding ormarking required in NRS 584.165 and 584.170, if on rolls or prints, shall be inletters not less than one-fourth inch square, and if on tubs or other packages,the letters shall not be less than one-half inch square.

[1911 C&P 263; RL 6528; NCL 10211]

SUBSTITUTE DAIRY PRODUCTS

NRS 584.176 Substitutedairy product defined. As used in NRS 584.177, substitute dairy productmeans any substance, mixture or compound intended for human consumption as afood product other than milk or dairy products which are intended to resemblemilk or dairy products, but contain fat or oil other than milk fat.

(Added to NRS by 1967, 1249; A 1979, 1307; 1981, 681;1985, 307)

NRS 584.177 Restrictionson labels and marks on containers containing substitute dairy products.

1. No bottle, can, package or other container whichcontains a substitute dairy product may be labeled or marked with a brand nameor trademark which would lead a reasonable person to believe that the contentsof such bottle, can, package or container contain a dairy product.

2. No substitute dairy product which has a dairyproduct or dairy products as an ingredient may list such ingredient on thelabel in letters larger than those for any other ingredient.

(Added to NRS by 1967, 1249)

NRS 584.179 Penalty. Any person who violates NRS584.177 is guilty of a misdemeanor.

(Added to NRS by 1967, 1249; A 1981, 681)

MANUFACTURED DAIRY PRODUCTS

NRS 584.1792 Dairyfoods manufacturing plant required to obtain permit to receive for sale,produce, sell, offer for sale or store manufactured dairy product; transfer ofpermit prohibited. A dairy foods manufacturingplant shall not receive for sale, produce, sell, offer for sale or have instorage any manufactured dairy product if the plant does not possess a permitfrom the Commission. Such a permit is not transferable.

(Added to NRS by 2003, 366)

MILK AND CREAM

Permit for Sale

NRS 584.180 Saleor offer for sale of fresh fluid milk or cream without permit prohibited;exception.

1. A person, firm, association or corporation shallnot sell or offer to sell fresh fluid milk or fresh fluid cream in the State ofNevada without obtaining a permit issued by the Commission.

2. No such permit is required from any person, firm,association or corporation who sells solely to a permittee or purchases solelyfrom a permittee.

[1:313:1955](NRS A 1963, 970; 1967, 1176; 1973,1406; 2001, 2426)

NRS 584.185 Application. The application for the permit required by NRS 584.180 must:

1. Be submitted in writing on a form prescribed by theCommission.

2. Include the name and address of the applicant, and,if a partnership, the names and addresses of all partners, and, if acorporation, association or other organization, the names and addresses of thepresident, vice president, secretary and managing officers.

3. Specify the name and location of the premises orbusiness for which the license is sought.

4. Contain such other information as may be reasonablyrequired by the Commission.

[2:313:1955](NRS A 2001, 2426)

NRS 584.190 Inspectionof dairy farms, milk plants and facilities of applicant. If it appears to the satisfaction of the Commission thatthe applicant has complied with all regulations governing the sanitation andgrading of milk and milk products, the Commission shall cause the dairy farms,milk plants and facilities of the applicant to be inspected.

[3:313:1955](NRS A 1963, 971; 1967, 1177; 1973, 1406;2001, 2427)

NRS 584.195 Issuanceof permit; retention and availability of records concerning permits.

1. If, after the application and inspection, itappears to the satisfaction of the Commission that the applicant has fullycomplied with all regulations governing the sanitation and grading of milk andmilk products, the Commission shall issue a permit to the applicant.

2. The Commission shall keep a record of allapplications for permits and permits issued by it, which must be a publicrecord.

[4:313:1955](NRS A 1963, 971; 1967, 1177; 1973,1406; 2001, 2427)

NRS 584.200 Inspectionof dairy farms, milk plants or facilities outside of State: Applicant orpermittee to pay expenses; deposit and use of expenses; failure to pay expensesconstitutes ground for denial, suspension or revocation of permit.

1. Whenever any inspection of the dairy farms, milkplants or facilities of an applicant or a permittee necessitates departingbeyond the territorial limits of the State of Nevada, the applicant orpermittee on whose behalf the inspection is to be made shall pay the per diemexpense allowance and travel expenses of the inspector or inspectors for theamount of their travel beyond the territorial limits of the State of Nevada inan amount equivalent to that paid other state officers performing similarduties.

2. Before an inspection is made outside the State ofNevada, the Commission shall collect from the applicant or permittee an amountof money equal to the expenses to be incurred for the inspection. The moneymust be deposited with the State Treasurer for credit to the appropriateaccount in the Dairy Commission Fund and may be used only to pay for claimsfiled in accordance with this section.

3. Failure of an applicant or a permittee to pay theamount demanded by the Commission pursuant to the provisions of subsection 2 isa ground for the denial, suspension or revocation of a permit. Money paid byany applicant or permittee pursuant to the provisions of subsection 2 must notbe refunded.

[5:313:1955](NRS A 1961, 458; 1963, 971; 1967, 1177;1973, 1406; 1981, 337; 2001,2427)

NRS 584.205 Commissionto direct periodic inspections of facilities of permittees; sale of importedmilk and milk products without inspection; authority of Commission to conductinspections upon reasonable belief of violation of regulations.

1. In addition to the initial inspection of newapplicants, the Commission shall, except as otherwise provided in subsection 2,direct a periodic inspection, not less than annually, of all facilitiesbelonging to permittees to ascertain whether the services, facilities andequipment continue to comply with the regulations referred to in NRS 584.195.

2. Except as otherwise provided in NRS 584.208 and the regulations adoptedpursuant to that section, milk and milk products, including certified raw milkand products made from it, imported from outside the State of Nevada may besold in this state without inspection by the Commission if the requirements ofparagraph (c) and the requirements of paragraph (a) or (b) are met:

(a) In the case of certified raw milk and products madefrom it, they have been produced under standards adopted by the AmericanAssociation of Medical Milk Commissions and under the statutory provisions ofthe State of California applicable to such products.

(b) The milk and milk products have been produced,pasteurized, processed, transported and inspected under statutes or regulationssubstantially equivalent to the Nevada milk and milk products statutes andregulations.

(c) The milk and milk products have been awarded anacceptable milk sanitation, compliance and enforcement rating by a state milksanitation rating officer certified by the United States Public Health Service.

3. Whenever the Commission has reasonable grounds tobelieve that a seller of milk or milk products, including certified raw milkand products made from it, is violating any of the regulations adopted by thecommission or any county milk commission relating to the sanitation and gradingof milk and milk products, including certified raw milk and products made fromit, or that his facilities or products fail to meet the regulations, or thathis operation is in any other manner not in the best interests of the people ofthis state, the Commission may conduct a reasonable inspection, and if anyviolation or other condition inimical to the best interests of the people ofthis state is found, to take corrective action pursuant to NRS 584.180 to 584.210, inclusive.

[Part 6:313:1955](NRS A 1975, 483; 1979, 446; 2001, 2427)

NRS 584.207 Certifiedraw milk: Definition; county milk commission.

1. Certified raw milk is unpasteurized, marketed milkwhich conforms to the regulations and standards adopted by the county milkcommission for the production and distribution of certified raw milk andcertified raw milk products in the county in which they are produced.

2. In each county in which certified raw milk orcertified raw milk products are produced for public consumption, there must bea county milk commission to regulate the production and distribution of thoseproducts. The board of county commissioners shall appoint to the commissionthree members for terms of 4 years, all of whom are eligible for reappointment.The members must all be residents of the county and have the followingrespective qualifications:

(a) One member must be a physician licensed in thisState and a member of the medical society of the state;

(b) One member must be a veterinarian licensed in thisState and a member of the county or regional veterinarian association; and

(c) One member must be a representative of the publicat large.

3. A county milk commission shall:

(a) Elect one of its members as chairman and adoptappropriate rules to govern:

(1) The time and place of its meetings;

(2) Its rules of procedure; and

(3) Its recordkeeping and other internaloperations.

(b) Adopt written regulations, which must be approvedby the State Dairy Commission, governing the production, distribution and salein the county of certified raw milk and products made from it, to protect thepublic health and safety and the integrity of the product. The regulations soadopted must conform as nearly as practicable to, but may be more stringentthan, the standards adopted by the American Association of Medical MilkCommissions.

(c) Certify raw milk and the products thereof for anyapplicant producing raw milk within the county, whose product and methods ofproduction, distribution and sale comply with the regulations and standardsadopted by the county milk commission.

4. A county milk commission may:

(a) Establish and collect such fees and charges asappear reasonably necessary to defray the costs and expenses incurred by it inthe performance of its duties under this section, and expend any money socollected as is necessary for such performance.

(b) Conduct such tests, inspections and analyses as arenecessary to enable it to perform its duties under this section and employ suchpersonnel and equipment as it deems necessary therefor.

5. Each applicant for certification must, as acondition for entertaining his application and as a condition for anycertification granted, submit for testing by the county milk commission suchsamples as the county milk commission requests, and allow inspections by thecounty milk commission or its agents at any reasonable times, of any or all ofhis facilities, equipment, herds or other property employed in his dairyoperations, including, without limitation, all of his books and records relatingthereto.

(Added to NRS by 1979, 445; A 2001, 2428)

NRS 584.208 Certifiedraw milk: Conditions governing sale; handling; regulations.

1. Certified raw milk and products made from it may besold if the milk has been:

(a) Cooled to 45 degrees Fahrenheit or less immediatelyafter being drawn from the cow or goat and maintained at or below thattemperature until it is delivered to the consumer, at which time it may notcontain more than 10 coliform bacteria per milliliter or more than 10,000 bacteriaper milliliter; and

(b) Certified by the county milk commission of thecounty in which it was produced.

2. No person may come in contact with or be near rawmilk before it is sold to the consumer unless the person maintains scrupulouscleanliness and is not afflicted with any communicable disease or in acondition to disseminate any disease which can be transmitted by milk. Noperson may handle milk to be sold as raw unless he has a physical examinationbefore any employment requiring him to do so and every 3 months thereafter whilecontinuing in the employment.

3. The State Dairy Commission shall adopt regulationsgoverning:

(a) Inspections to determine the health of cows andgoats which produce milk for sale as raw milk.

(b) Inspections of dairy farms which produce milk forsale as raw milk and establishing minimum standards of cleanliness andsanitation for the farms.

(c) Examinations of all persons who come in contactwith raw milk before it is sold to a consumer.

(d) Other matters connected with the production andsale of raw milk which the Commission deems necessary to protect the publichealth.

(Added to NRS by 1979, 446; A 2001, 2429)

NRS 584.210 Denial,suspension or revocation of permit: Notice and opportunity for hearing undercertain circumstances; investigative and subpoena powers of Commission;records; appeal; entitlement of applicant or accused to submit subsequentapplication; regulations.

1. Whenever the Commission has reasonable grounds tobelieve that any applicant or permittee under NRS584.180 to 584.210, inclusive, isviolating any of the provisions of those sections, or any of the rules,regulations or specifications adopted by the Commission relative to thesanitation and grading of milk and milk products, or whenever the results oftests indicate that the facilities, milk or milk products do not meet thoseregulations or are not reliable or are questionable, or when the Commissiondetermines that the operation in any other manner is inimical and not for thebest interests of the health, safety or welfare of the people of this state,the Commission may, after providing notice and opportunity for a hearingpursuant to the provisions of subsection 2, refuse to grant a permit or suspendor revoke any or all permits previously issued.

2. Except as otherwise provided in this subsection, ifthe Commission intends to refuse to grant a permit or to suspend or revoke apermit pursuant to the provisions of subsection 1, the Commission shall provideto the applicant or permittee, by certified mail, written notice of theintended action within the period established pursuant to regulations adoptedby the Commission. The notice must specify the reasons, the legal authority andthe jurisdiction of the Commission for taking the intended action. Upon receiptof the notice, an applicant or permittee may request a hearing, and, if sorequested, the Commission shall conduct a hearing pursuant to regulationsadopted by the Commission. If an applicant or permittee does not request ahearing after being notified pursuant to the provisions of this subsection, anydecision of the Commission made pursuant to this section is final and notsubject to judicial review. Such notice and hearing is not required and apermit may be summarily disapproved, revoked or suspended by the Commission ifthe Commission finds that, based upon the particular circumstances of the case,it is in the best interests of the health, safety or welfare of the people ofthis state to so proceed.

3. The Commission may conduct the investigations,summon and compel the attendance of witnesses, require the production of anyrecords or documents, and provide for the taking of depositions under theNevada Rules of Civil Procedure in connection with a hearing conducted pursuantto the provisions of this section.

4. The findings of the Commission and the judgment ororder must be reduced to writing and filed in the permanent public records ofthe Commission. The findings must state the reasons why the application for apermit was disapproved or the permit was suspended or revoked. Copies must befurnished to the applicant or permittee who may, if he requested and was givena hearing or if his application or permit was summarily disapproved, revoked orsuspended pursuant to the provisions of subsection 2, file an appeal pursuantto regulations adopted by the Commission. Upon the filing of the appeal, theChairman of the Commission or his designee shall appoint a person who did notparticipate in the decision of the Commission to conduct a hearing inaccordance with those regulations. The applicant or permittee is entitled tojudicial review of the decision of the person so appointed in the mannerprovided by chapter 233B of NRS. Upon thefiling for appeal or review, the enforcement of the Commissions order must bestayed pending final disposition of the matter. If the order is judiciallyaffirmed, it becomes final and the stay of enforcement is automaticallyvacated.

5. In any case where the Commission refuses to issue apermit, or suspends or revokes a permit, the applicant or accused is entitledto submit another application for the consideration of the Commission.

6. The Commission shall adopt such regulations as arenecessary to carry out the provisions of this section.

[Part 6:313:1955](NRS A 1963, 971; 1967, 1177; 1973,1406; 1975, 483; 1981, 91; 1989, 1655; 1995, 1588; 2001, 2430)

Weighing and Testing

NRS 584.215 Testingof milk or cream on basis of amount of butterfat to be done by licensed testerusing Babcock test; alternate methods of testing; licensing of tester.

1. Except as otherwise provided in subsection 2, alltesting of milk or cream purchased on the basis of the amount of butterfatcontained therein must be done by a licensed tester, who shall supervise and isresponsible for the operation of the Babcock test of milk or cream.

2. Methods of testing such milk, other than theBabcock test, may be used if approved by the Commission. If such approval isgiven, equipment suitable for the performance of the Babcock test must beprovided and maintained.

3. A license may be issued to a tester by theCommission. The Commission shall examine the qualifications of the applicantfor a license, and every applicant must satisfy the Commission of hisqualifications and comply with the provisions in NRS 584.215 to 584.285, inclusive, before a license may beissued to him.

4. If a method of testing other than the Babcock testis used, the tester must be licensed to perform that method of testing and theBabcock test.

[Part 2:167:1921; A 1951, 441](NRS A 1983, 213;1997, 2100; 2001,2431)

NRS 584.216 Paymentof child support: Statement by applicant for milk testers license; grounds fordenial of license; duty of Commission. [Expires by limitation on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a milktesters license shall submit to the Commission the statement prescribed by theDivision of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

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

(b) A separate form prescribed by the Commission.

3. A milk testers license may not be issued orrenewed by the Commission 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 Commission shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2099; A 2001, 2431; 2003, 174)

NRS 584.217 Suspensionof milk testers license for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license. [Expires by limitationon the 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 fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Commission receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of amilk testers license, the Commission shall deem the license issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued unless the Commission receives a letter issued to theholder of the license by the district attorney or other public agency pursuantto NRS 425.550 stating that the holderof the license has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Commission shall reinstate a milk testerslicense that has been suspended by a district court pursuant to NRS 425.540 if the Commission receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2099; A 2001, 2432; 2003, 174)

NRS 584.218 Applicationfor milk testers license to include social security number of applicant.[Expires by limitation on 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.] An applicationfor the issuance of a milk testers license must include the social securitynumber of the applicant.

(Added to NRS by 1997, 2100)

NRS 584.220 Licenserequired for receipt or purchase of milk or cream on basis of butterfatcontent; requirements for issuance.

1. Every creamery, shipping station, milk factory,cheese factory, ice cream factory, condensery, or any person, firm orcorporation receiving or purchasing milk or cream on the basis of butterfatcontained therein is required to hold a license so to do.

2. The license must be issued to the creamery,shipping station, milk factory, condensery, ice cream factory, cheese factory,or person, firm or corporation by the Commission upon complying with allsanitary laws, rules and regulations of the State of Nevada, and upon complyingwith the provisions of NRS 584.215 to 584.285, inclusive, and upon payment of alicense fee as provided in NRS 584.225.

[6:167:1921; NCL 2280](NRS A 2001, 2432)

NRS 584.225 Licenses:Fee for milk testers license; expiration; exemption.

1. The fee for issuing and renewing a milk testerslicense is $10 for a full year or fraction thereof.

2. All licenses required under NRS 584.215 to 584.285, inclusive, expire at the end ofeach calendar year.

3. The provisions of this section do not apply tonatural persons, hotels, restaurants or boardinghouses buying milk or cream forprivate use.

[Part 7:167:1921; A 1955, 282] + [11:167:1921; NCL 2285](NRS A 2001,2432)

NRS 584.230 Revocationof licenses. A license may be revoked by theCommission if, after due notice, the licensee fails or has failed to complywith the laws, rules and regulations under which the license was granted.

[3:167:1921; NCL 2277] + [Part 7:167:1921; A 1955,282](NRS A 2001,2433)

NRS 584.235 Regulations:Adoption; printing and distribution. TheCommission shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must beprinted and distributed by the Commission upon application therefor to licensedor other dairymen, creameries and other persons interested in them.

[Part 5:167:1921; A 1955, 282](NRS A 1969, 1528;1973, 1476; 1985, 468; 1993, 1775; 1997, 22; 2001, 2433; 2005, 1093)

NRS 584.240 Licensedtester to record tests in permanent book of record; inspection of record.

1. A licensed tester shall, in addition to the recordsrequired to be kept by NRS 584.215 to 584.285, inclusive, record all tests madeby him in a permanent book of record, a form for which must be supplied at costor approved by the Commission, and tests must be indelibly recorded in therecord book in such a manner as to identify the patron whose milk or cream hasbeen tested, and also in such a manner as to prevent erasures or changes beingmade in these tests.

2. The record must be at all times during businesshours kept open for inspection by the Commission or its agents, or by anyofficer of the city and county board of health, or by any peace officer of thecity, county or state, or by any patron who may be delivering milk or cream tothe plant or place where such tests are made.

[4:167:1921; A 1955, 282](NRS A 2001, 2433)

NRS 584.245 Dutyof licensed tester to retain testable samples of milk and cream. A licensed tester also shall retain in testable conditiona sample of all milk or cream so tested by him for a period of not less than 72hours after such tests of milk or cream have been made. The tester shall beresponsible for the safekeeping of such samples of milk or cream and shallretain the same in his custody for such period of time.

[Part 5:167:1921; A 1955, 282](NRS A 1975, 484)

NRS 584.250 Testingof cream sold on basis of richness or percentage of milk fat. All cream sold in the State of Nevada on the basis of therichness or the percentage of milk fat contained therein must be tested by theBabcock test or any other testing equipment or procedures approved by theCommission.

[Part 9:167:1921; A 1955, 282](NRS A 2001, 2433; 2003, 367)

NRS 584.255 Commissionto inspect periodically apparatus used to determine percentage of fat in milkor cream. The Commission shall, from time totime, inspect and examine as to their accuracy, or their adaptability to giveaccurate results, all glassware, measures, scales, weights and other apparatusused in creameries and factories of dairy products, where milk and cream arepurchased, to determine the amount of percentage of fat in milk or cream.

[8:167:1921; A 1955, 282](NRS A 1961, 112; 2001, 2433)

NRS 584.260 Specificationsof states standard measure. The states standardmeasure, or pipette, shall have a capacity of 17.6 cubic centimeters, and thestandard test tubes or bottles for milk shall have a capacity of 1 cubiccentimeter of mercury at a temperature of 65 F. between zero and five onthe graduated scale on the neck thereof; the scale to have a length of not lessthan 6.5 millimeters for each percent, or 6.5 centimeters between zero andten on the graduated scale on the neck thereof, the scale to be graduated toat least two-tenths of 1 percent. The milk fat in the neck of the bottle shallbe read from the lower line separation between the fat and the water to the topof the fat column at a temperature not lower than 130 F. and not higher than140 F.

[Part 9:167:1921; A 1955, 282]

NRS 584.265 Analysesof milk and cream samples by representative or appointee of Commission. The Commissions duly authorized representative orappointee shall make analyses of all samples of milk or cream deemed necessaryfor the enforcement of NRS 584.215 to 584.285, inclusive.

[Part 5:167:1921; A 1955, 282](NRS A 2001, 2433)

NRS 584.270 Commissionto investigate and test milk upon complaint of licensed milk producer. The Commission, on complaint of any licensed milk producer,showing good cause therefor, that the tests made by any licensed tester areincorrect or inaccurate, shall investigate and test milk from the producer, atthe source, until the Commission is satisfied as to the correctness orincorrectness of the complaint.

[Part 2:167:1921; A 1951, 441](NRS A 2001, 2433)

NRS 584.275 Unlawfulacts concerning official test; cream to be weighed into bottle.

1. It is unlawful for any person for himself or as theagent, servant, employee or officer of any person, firm or corporationreceiving or purchasing milk or cream on the basis of the amount of butterfatcontained therein to:

(a) Underread, overread or otherwise fraudulentlymanipulate the official test used for determining the percent of butterfat inmilk or cream;

(b) Falsify the records thereof; or

(c) Use any other test or deviate from an acceptedprocedure unless it is approved by the Commission.

2. In all tests for cream, the cream must be weighedinto the bottle used for testing.

[Part 2:167:1921; A 1951, 441](NRS A 1983, 214; 2001, 2434)

NRS 584.280 Fraudulentmanipulation of weight, measure or test unlawful.

1. It shall be unlawful for any hauler of milk orcream, other than a common carrier, or any person, firm or corporationreceiving or purchasing milk or cream by weight or test or both, or by measureor test or both, fraudulently to manipulate the weight, measure or test of milkor cream, or to take unfair samples thereof, or fraudulently to manipulate suchsamples.

2. Such hauler or other agent shall weigh or measurethe milk or cream of each patron accurately and correctly and shall report suchweights and measurements accurately and correctly to the creamery or factory.He shall thoroughly mix the milk or cream of each patron, by pouring orstirring until such milk or cream is uniform and homogenous in richness, beforethe sample is taken from such milk or cream.

3. When the weighing or sampling is done at thecreamery, shipping station or factory, the same rule shall apply.

[1:167:1921; NCL 2275]

NRS 584.285 Penalty. Any person violating any provision of NRS 584.215 to 584.285, inclusive, shall be guilty of amisdemeanor.

[10:167:1921; NCL 2284](NRS A 1967, 619)

STABILIZATION AND MARKETING OF FLUID MILK AND FLUID CREAM

General Provisions

NRS 584.325 Definitions. As used in NRS 584.325to 584.670, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 584.335 to 584.385, inclusive, have the meaningsascribed to them in those sections.

[18:387:1955](NRS A 1987, 154; 2001, 2434)

NRS 584.335 Consumerdefined. Consumer means any person whopurchases fluid milk, fluid cream or dairy products for consumption.

[30:387:1955]

NRS 584.340 Dairyproducts defined. Dairy products includesany product manufactured from milk or any derivative or product of milk.

[23:387:1955]

NRS 584.345 Distributordefined.

1. Distributor means any person, whether or not theperson is a producer or an association of producers, who purchases or handlesfluid milk, fluid cream or any other dairy product for sale, including brokers,agents, copartnerships, cooperative corporations, and incorporated andunincorporated associations.

2. The definition of distributor does not includeany of the following:

(a) Any retail store that is not engaged in processingand packaging fluid milk or fluid cream or does not purchase, transport intothe state, or otherwise receive for resale, fluid milk, fluid cream or anyother dairy product from sources outside this state.

(b) Any establishment, where fluid milk or fluid creamis sold only for consumption on the premises, that is not engaged in processingand packaging fluid milk or fluid cream.

(c) Any person owned or controlled by one or moreretail stores or owned or controlled by one or more establishments where fluidmilk or fluid cream is sold for consumption on the premises, which person isnot actively and directly engaged in the processing and packaging of fluid milkor fluid cream.

(d) Any producer who delivers fluid milk or fluid creamonly to a distributor.

[25:387:1955](NRS A 1959, 894; 1979, 1307)

NRS 584.350 Fluidcream defined. Fluid cream means cream as definedin NRS 584.325 to 584.670, inclusive, and any combination ofcream and milk, or any fluid product of milk or cream sold under any trade namewhatsoever, which is not packaged in hermetically sealed containers and whichcontains more than 11.6 percent milk fat and conforms to the health andsanitary regulations of the place where sold or disposed of for humanconsumption.

[22:387:1955]

NRS 584.355 Fluidmilk defined. Fluid milk means any and allwhole or concentrated milk that is produced in conformity with applicablehealth regulations for market milk of the place where such milk is consumed.

[21:387:1955]

NRS 584.357 Freshdairy products defined. Fresh dairyproducts includes, but is not limited to, buttermilk, skim milk, chocolatedrink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing andcottage cheese, without regard to the class of fluid milk or fluid cream whichis used to make those products.

(Added to NRS by 1987, 154)

NRS 584.360 Marketingarea defined. Marketing area is any areawithin this state declared to be such in the manner prescribed in NRS 584.325 to 584.670, inclusive.

[28:387:1955]

NRS 584.370 Producerdefined.

1. Producer means any person who produces fluid milkfrom five or more cows or goats in conformity with the applicable healthregulations of the place in which it is sold.

2. Producer includes any association of producers.

[24:387:1955]

NRS 584.375 Producer-distributordefined.

1. Producer-distributor means any person who is botha producer and a distributor of fluid milk and fluid cream.

2. For the purposes of NRS 584.325 to 584.670, inclusive, a producer-distributorshall be deemed to be a producer in any transaction involving the delivery offluid milk or fluid cream produced by him to a distributor and shall be deemedto be a distributor in any transaction involving the delivery of fluid milk orfluid cream to a person who is not a distributor as defined in NRS 584.345.

[26:387:1955]

NRS 584.380 Retailstore defined. Retail store means anyperson owning or operating a retail grocery store, restaurant, confectionery orother similar business, where fluid milk, fluid cream or any fresh dairyproduct is sold to the general public.

[27:387:1955](NRS A 1977, 1638; 1987, 154)

NRS 584.385 Stabilizationand marketing plan defined. Stabilizationand marketing plan means any plan formulated and made effective by the Commissionwithin the legislative standards provided by NRS584.325 to 584.670, inclusive.

[29:387:1955]

NRS 584.390 Businessaffected with public interest; purpose of provisions. Theproduction and distribution of fluid milk and of fluid cream is hereby declaredto be a business affected with a public interest. The provisions of NRS 584.325 to 584.670, inclusive, are enacted in theexercise of police powers of this state for the purpose of protecting thehealth and welfare of the people of this state.

[12:387:1955](NRS A 1977, 1638)

NRS 584.395 Statementsof fact and policy. The Legislature declaresthat:

1. Fluid milk and fluid cream are necessary articlesof food for human consumption.

2. The production and maintenance of an adequatesupply of healthful milk of proper chemical and physical content, free fromcontamination, is vital to the public health and welfare.

3. The production, transportation, processing,storage, distribution or sale of fluid milk and fluid cream in the State ofNevada is an industry affecting the public health and welfare.

4. It is the policy of this state to promote, fosterand encourage intelligent production and orderly marketing of commoditiesnecessary to its citizens, including milk, and to eliminate speculation, waste,improper marketing, unfair and destructive trade practices and improperaccounting for milk purchased from producers.

[13:387:1955]

NRS 584.400 Necessityfor marketing areas; administrative authority of Commission. It is recognized by the Legislature that conditions withinthe milk industry of this state are such that it is necessary to establishmarketing areas wherein different regulations are necessary, and for thatpurpose the Commission shall have the administrative authority, with suchadditional duties as are herein prescribed, after investigation and publichearing, to prescribe such marketing areas and modify the same when advisableor necessary.

[14:387:1955]

NRS 584.405 Legislativedetermination. The foregoing statements in NRS 584.390, 584.395 and 584.400, of facts, policy and applicationof NRS 584.325 to 584.670, inclusive, are hereby declared amatter of legislative determination.

[15:387:1955]

NRS 584.410 Purposes. The purposes of NRS584.325 to 584.670, inclusive, are:

1. To provide money for the administration andenforcement of the provisions of this chapter by assessments to be paid byproducers of fluid milk or fluid cream, or both, and from licenses issued to distributorsin the manner prescribed herein.

2. To authorize and enable the Commission to prescribemarketing areas and to fix prices at which fluid milk or fluid cream, or both,may be sold by producers, distributors and retailers, which areas and pricesare necessary due to varying factors of costs of production, healthregulations, transportation and other factors in the marketing areas of thisstate, but the price of fluid milk or fluid cream within any marketing areamust be uniform for all purchasers of fluid milk or fluid cream of similargrade or quality under like terms and conditions.

3. To authorize and enable the Commission to formulatestabilization and marketing plans subject to the limitations prescribed in NRS 584.325 to 584.670, inclusive, with respect to thecontents of the stabilization and marketing plans and to declare the plans ineffect for any marketing area.

4. To enable the dairy industry with the aid of theState to correct existing evils, develop and maintain satisfactory marketingconditions, and bring about a reasonable amount of stability and prosperity inthe production and marketing of fluid milk and fluid cream.

[16:387:1955](NRS A 1959, 894; 1975, 1492; 2001, 2434)

NRS 584.415 Construction.

1. It is the intent of the Legislature that the powersconferred in NRS 584.325 to 584.670, inclusive, shall be liberallyconstrued.

2. Nothing in NRS584.325 to 584.670, inclusive, shallbe construed as permitting or authorizing the development of conditions ofmonopoly in the production or distribution of fluid milk or fluid cream.

3. The terms and conditions under which producers,distributors and retailers may sell, purchase and distribute fluid milk orfluid cream shall be established by the commission for the purpose of insuringan adequate and continuous supply of pure, fresh, wholesome fluid milk andfluid cream to consumers at fair and reasonable prices in the severallocalities and markets of the State and under the varying conditions ofproduction and distribution.

[17:387:1955](NRS A 1959, 895)

NRS 584.419 Applicabilityto retail stores. NRS 584.325 to 584.670, inclusive, apply to retail storesin the following particulars only:

1. The examination by the Commission of the purchaserecords of retail stores from distributors.

2. The unfair practices prohibited in NRS 584.581, 584.582 and 584.583, and the penalties provided in NRS 584.670.

3. The provisions of any stabilization and marketingplan which includes retail stores.

4. The provisions for discounts to elderly consumers.

[78:387:1955](NRS A 1957, 265; 1959, 899; 1979,1315; 1983, 260)(Substituted in revision for NRS 584.690)

Formation and Adoption of Stabilization and Marketing Plan

NRS 584.547 Authorityto formulate plan. The Commission may formulateany stabilization and marketing plan as prescribed in NRS 584.325 to 584.670, inclusive, and declare the sameeffective after public hearing and reasonable notice by mail or otherwise toall producers and distributors of record with the Commission affected by such plan.

[40:387:1955](Substituted in revision for NRS584.515)

NRS 584.550 Designationof marketing areas; additional areas; modification or consolidation of areas.

1. The Commission shall designate marketing areaswhich it deems necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive, and wherein it findsthe conditions affecting the production, distribution and sale of fluid milk,fluid cream or both are reasonably uniform.

2. The Commission shall have the power to establishadditional areas or to modify areas theretofore established when it deems theestablishment or modification of such areas necessary or advisable toeffectuate the purposes of NRS 584.325to 584.670, inclusive.

3. When the Commission finds, after a public hearingin and for each particular marketing area under consideration forconsolidation, that conditions of production and distribution are reasonablyuniform in two or more such marketing areas wherein stabilization and marketingplans are in effect, it may consolidate the area, provided that at the hearingsmore than 35 percent of the producers present who supply the areas proposed tobe consolidated do not object to such consolidation.

[50:387:1955]

NRS 584.555 Hearingto determine whether producers desire fluid milk plan.The Commission shall, prior to the formulation of a stabilization andmarketing plan for fluid milk for any marketing area, conduct a public hearingin the area for the purpose of determining whether or not producers whose majorinterest in the fluid milk business is in the production of fluid milk for themarketing area, and who represent not less than 65 percent of the total numberof producers whose major interest in the fluid milk business is in theproduction of fluid milk for the marketing area, and who produce not less than65 percent of the total volume of the fluid milk produced for the marketingarea by all such producers, desire that a stabilization and marketing plan forfluid milk be formulated for the area; but if a petition is presented to theCommission by the producers whose major interest in the fluid milk business isin the production of fluid milk for the marketing area, and who represent notless than 65 percent of the total number of producers whose major interest inthe fluid milk business is in the production of fluid milk for the marketingarea, and who produce not less than 65 percent of the total volume of the fluidmilk produced for the marketing area by all such producers, it shall not benecessary that such hearing be held.

[51:387:1955]

NRS 584.560 Hearingto determine whether producers desire fluid cream plan. The Commission shall, prior to the formulation of astabilization and marketing plan for fluid cream for any marketing area, conducta public hearing in the area for the purpose of determining whether or notproducers whose major interest in the fluid cream business is in the productionof fluid milk for fluid cream for the marketing area, and who represent notless than 65 percent of the total number of producers whose major interest inthe fluid cream business is in the production of fluid milk for fluid cream forthe marketing area, and who produce not less than 65 percent of the totalvolume of fluid milk for fluid cream produced for the marketing area by allsuch producers, desire that a stabilization and marketing plan for fluid creambe formulated for the area. If a petition is presented to the Commission byproducers whose major interest in the fluid cream business is in the productionof fluid milk for fluid cream for the marketing area, and who represent notless than 65 percent of the total number of producers whose major interest inthe fluid cream business is in the production of fluid milk for fluid cream forthe marketing area, and who produce not less than 65 percent of the totalvolume of fluid milk for fluid cream produced for the marketing area by allsuch producers, it shall not be necessary that such hearing be held.

[52:387:1955]

NRS 584.565 Formulationof plan: Notice; hearing; order declaring plan in effect.

1. If the Commission finds that a stabilization andmarketing plan is necessary to accomplish the purposes of NRS 584.325 to 584.670, inclusive, it shall formulate astabilization and marketing plan for fluid milk or fluid cream, or both, forsuch area and issue a notice of public hearing upon the plan formulated to allproducers and distributors of record with the Commission who may be subject tothe provisions of the plan.

2. The notice of hearing may be effected by mail or bypublication for 5 successive days in a newspaper of general circulation in thearea designated and must specify the time and the place of the hearing, whichmust not be held before 10 days from the mailing or from the final publicationof the notice, but if no daily newspaper of general circulation is published inthe area designated, publication of notice for 2 successive weeks in a weeklynewspaper of general circulation in the area will be considered properpublication of notice.

3. At the hearing, which must be held in the area towhich the plan applies, interested persons shall be heard and records kept ofthe hearing for determination by the Commission whether the plan proposed willaccomplish the purposes of NRS 584.325to 584.670, inclusive.

4. If, after public hearing, the Commission determinesthat the proposed plan will tend to accomplish the purposes of NRS 584.325 to 584.670, inclusive, within the standardsherein prescribed, it shall issue an order to all producers and distributors ofrecord with the Commission and subject to the provisions of the plan, declaringthe plan in effect within 30 days from the date of the hearing.

[53:387:1955](NRS A 1979, 1308)

NRS 584.566 Amendmentor termination of plan: Procedure.

1. In addition to procedures provided for insubsections 3 and 4, the Commission may amend or terminate any stabilizationand marketing plan, after notice and public hearing as prescribed in NRS 584.550 to 584.565, inclusive, if it finds that theplan is no longer in conformity with the standards prescribed in, or will nottend to effectuate the purposes of, NRS584.325 to 584.670, inclusive.

2. The hearing may be held upon the motion of theCommission and must be held if a proper petition is filed. The Commission shallhold the hearing in the marketing area to which the plan applies.

3. If producers wish to abandon an existingstabilization and marketing plan and establish a Federal Milk Marketing Orderor other similar type of milk marketing order, the Commission may continue amarketing and stabilization plan in effect for any given area, insofar as wholesaleand retail provisions are concerned, whenever it appears that 55 percent of thedistributors in any given area, whose major interest in the fluid milk andfluid cream business consists of at least 55 percent of the fluid milk andfluid cream distributed within the area by volume, desire that the wholesaleand retail provisions, including price regulations, be continued.

4. Areas which are nonproducing may terminate astabilization and marketing plan which affects wholesale and retail prices if55 percent of the licensed distributors delivering 55 percent of the productsto that area wish to terminate the plan after notice and public hearing asprescribed in NRS 584.550 to 584.565, inclusive.

[41:387:1955](NRS A 1959, 895; 1977, 1639; 1979,1307)(Substituted in revision for NRS 584.520)

NRS 584.567 Amendmentor termination of plan: Petition; hearing.

1. An amendment or termination of a stabilization andmarketing plan may be initiated by filing a petition with the Commission. Thepetition, filed in four copies, must include:

(a) The name and address of every person joining in thepetition. If the petitioner is a cooperative association of producers, apartnership or corporation, the names of the authorized representative orrepresentatives thereof shall be listed.

(b) A concise statement of the specific reliefrequested.

(c) A specific statement of the reasons why such reliefis needed.

(d) A statement of the substantiating evidence.

2. The petition must be signed by the petitioners, andan affidavit must accompany each petition stating that the facts therein aretrue and correct to the best of the petitioners knowledge, information andbelief.

3. There must be attached as an exhibit to theoriginal copy only of each petition filed substantiating evidence in support ofthe petition. Additional information must be supplied to the Commission uponrequest.

4. Any person may, before the hearing, examine a copyof the petition and accompanying statements, but not the exhibits attachedthereto, and file an answer, protest or any other statement concerning thepetition.

5. At the hearing, the burden of proof is on thepetitioners to show by clear and satisfactory evidence that the amendment ortermination of a plan is necessary.

6. After the petitioners have presented theirevidence, the commission staff shall, and any other person may, presentevidence in support of or in protest of the proposed action.

(Added to NRS by 1975, 1496; A 1977, 1640; 1979,1308)(Substituted in revision for NRS 584.522)

NRS 584.568 Minimumprices; discounts.

1. Each stabilization and marketing plan may containprovisions fixing the price at which fluid milk and fluid cream is sold byproducers, distributors and retailers and must contain provisions regulatingall discounts allowed by producers, distributors and retailers, except thosediscounts offered by retailers to elderly consumers.

2. If the Commission establishes minimum prices to bepaid by distributors to producers, the Commission shall consider, but is notlimited to considering, the following factors:

(a) Cost of production.

(b) Reasonable return upon capital investment.

(c) Producer transportation costs.

(d) Cost of compliance with health regulations.

(e) Current and prospective supplies of fluid milk andfluid cream in relation to current and prospective demands for such fluid milkand fluid cream.

3. If the Commission establishes minimum prices to bepaid by retailers to wholesalers and by consumers to retailers, the Commissionshall consider, but is not limited to considering, the following factors:

(a) The quantities of fluid milk or fluid cream, orboth, distributed in the marketing area covered by the stabilization andmarketing plan.

(b) The quantities of fluid milk or fluid cream, orboth, normally required by consumers in such marketing area.

(c) The cost of fluid milk and fluid cream todistributors and retail stores, which is the price paid by distributors toproducers and the price paid by wholesale customers to distributors, asestablished pursuant to NRS 584.325 to 584.670, inclusive.

(d) The reasonable cost of handling fluid milk andfluid cream incurred by distributors and retail stores, respectively, includingall costs of hauling, processing, selling and delivering by the several methodsused in such marketing area in hauling, processing, selling and delivering, assuch costs are determined by impartial audits of the books and records, orsurveys, or both, of all or such portion of the distributors and retail stores,respectively, of each type or class in such marketing area as are reasonablydetermined by the Commission to be sufficiently representative to indicate thecosts of all distributors and retail stores, respectively, in the marketingarea.

(Added to NRS by 1959, 899; A 1977, 1641; 1979, 1309;1983, 258)

NRS 584.569 Discounton dairy products sold to elderly consumers.

1. A retailer may sell dairy products at a discount toan elderly consumer. The discount must not be given to any consumer who is lessthan 62 years of age.

2. The discount must not reduce the price of the dairyproduct below the minimum retail price, if any, established by the Commission.

3. If the retailer offers the discount, he shall posta sign at his retail store indicating the:

(a) Age of the consumers who may receive the discount;

(b) Type of identification needed to obtain thediscount, if such identification is required by the retailer; and

(c) Amount of the discount.

(Added to NRS by 1983, 258)

NRS 584.575 Reportto producer. Each stabilization and marketingplan may contain provisions whereby distributors shall report to each producerfrom whom fluid milk is secured, the volume of fluid milk received from suchproducer in pounds of milk, the milk fat test of the milk, and both the numberof pounds of fluid milk and the number of milk fat pounds paid for in theseveral classes and the prices paid for the various classes for each month.

[55:387:1955](NRS A 1979, 1310)

NRS 584.578 Cooperationwith other authorities; enforcement of plans. TheCommission may confer, enter into agreements, or otherwise arrange with theconstituted authorities of this state, other states or agencies of the UnitedStates with respect to plans relating to the stabilization and distribution of fluidmilk and fluid cream within this state or as between this state and otherstates or the United States, and may exercise its powers hereunder toeffectuate and enforce such plans.

[48:387:1955](Substituted in revision for NRS584.540)

NRS 584.580 Purchaseof milk from noncomplying producers; limitation on production. No distributor subject to the provisions of anystabilization and marketing plan shall purchase milk from producers who cannotcomply with the provisions of NRS 584.325to 584.670, inclusive, in such plan. Nosuch plan shall involve a limitation upon the production of fluid milk or fluidcream.

[56:387:1955]

Unfair Trade Practices and Investigation of Marketing andPricing Practices

NRS 584.581 Certainpractices of distributors prohibited whether stabilization and marketing planin effect or not.

1. No distributor may engage in any of the practicesset forth in paragraphs (a) to (d), inclusive, of subsection 2 of this section,whether or not a stabilization and marketing plan is in effect in the area inwhich he carries on his business.

2. Each stabilization and marketing plan must containprovisions for prohibiting distributors and retail stores from engaging in theunfair practices set forth in this subsection:

(a) The payment, allowance or acceptance of secretrebates, secret refunds or unearned discounts by any person, whether in theform of money or otherwise.

(b) The giving of any milk, cream, dairy products,substitute dairy products as defined in NRS584.176, services or articles of any kind, except to bona fide charities,for the purpose of securing or retaining the fluid milk or fluid cream businessof any customer.

(c) The extension to certain customers of specialprices or services not made available to all customers who purchase fluid milk,fluid cream, dairy products, or substitute dairy products as defined in NRS 584.176, of like quantity under liketerms and conditions.

(d) The purchase of any fluid milk in excess of 200gallons monthly from any producer or association of producers unless a writtencontract has been entered into with the producer or association of producersstating the amount of fluid milk to be purchased for any period, the quantityof milk to be paid for as class 1 in pounds of milk, pounds of milk fat orgallons of milk, and the price to be paid for all milk received. The contractmust also state the date and method of payment for the fluid milk, which mustbe that payment must be made for approximately one-half of the milk deliveredin any calendar month not later than the 1st day of the next following monthand the remainder not later than the 15th day of the month, the charges fortransportation if hauled by the distributor, and may contain other provisionswhich are not in conflict with NRS 584.325to 584.670, inclusive. The contract mustalso provide that the producer is not obligated to deliver in any calendarmonth fluid milk which is to be paid for at the lowest class price for milkusage established by the Commission for that area. A signed copy of thecontract must be filed by the distributor with the Commission within 5 daysfrom the date of its execution.

Theprovisions of this subsection relating to dates of payment do not apply to contractsfor the purchase of fluid milk from nonprofit cooperative associations of producers.

3. This section does not apply to discounts offered bya retail store to elderly consumers.

[54:387:1955](NRS A 1957, 264; 1959, 896; 1975,1494; 1977, 1642; 1979, 1310; 1983, 259)(Substituted in revision for NRS584.570)

NRS 584.582 Unlawfulmanipulation of prices. It is unlawful for anydistributor or retailer to manipulate the prices of fluid milk, fluid cream,butter or any fresh dairy product for the purpose of injuring, harassing ordestroying competition.

(Added to NRS by 1975, 1497; A 1987, 155)

NRS 584.583 Saleof milk, cream, butter or fresh dairy products below cost.

1. No distributor or retailer may sell fluid milk,fluid cream, butter or any fresh dairy product below cost.

2. In determining the cost for a distributor whoprocesses or manufactures fluid milk, fluid cream, butter or any fresh dairyproduct, the following factors, in addition to any other factor acceptable tothe Commission, must be considered:

(a) Cost of raw products based on actual cost or oncurrent and prospective supplies of fluid milk and fluid cream in relation tocurrent and prospective demands for fluid milk and fluid cream.

(b) Cost of production.

(c) Reasonable return on capital investment.

(d) Producers costs for transportation.

(e) Cost of compliance with health regulations.

(f) Overhead.

3. In determining the cost for a peddler-distributoror retailer, the following factors, in addition to any other factor acceptableto the Commission, must be considered:

(a) Purchase price of the product.

(b) Overhead for handling.

(c) Reasonable return on capital investment.

4. For the purposes of subsections 2 and 3:

(a) Reasonable return on capital investment must becalculated per unit of production by dividing the product of:

(1) The net capital investment; and

(2) The reasonable rate of return on capitalinvestment,

by the totalsales per unit of production. Net capital investment includes land,buildings, equipment and any other capital asset used as a rate base. Areasonable rate of return on capital investment shall be deemed to be the ratefixed for 6-month United States treasury bills at the auction in the first weekof the month of January or July immediately preceding the date that thereasonable return on capital investment is calculated.

(b) Costs for overhead must be determined according togenerally accepted principles of accounting and allocated proportionately toeach unit of production. Costs for overhead include salaries for executives andofficers of the company, all other costs of labor, including indirect costs,rent, depreciation, costs for maintenance, costs incurred in delivering theproduct, fees for licenses, taxes and insurance, cost of materials, costs forrepairs, the cost of electricity and other public utilities, and all othercosts that relate to the sale and distribution of the product. Any expense incurredin the marketing of a finished or manufactured dairy product which cannot beattributed directly to a particular product must be apportioned to the producton a basis consistent with generally accepted principles of accounting relatingto costs.

5. Each distributor who processes or manufacturesfluid milk, fluid cream, butter or any fresh dairy product and eachpeddler-distributor shall file with the Commission a statement of costs,listing separately, and as applicable, the items set forth in subsection 2 or 3of this section and any other applicable factors relating to cost. Thestatements must be kept current as prescribed by regulations adopted by theCommission. All statements must be kept confidential by the Commission exceptwhen used in judicial or administrative proceedings pursuant to NRS 584.325 to 584.670, inclusive.

6. Each distributor who processes or manufacturesfluid milk, fluid cream, butter or any fresh dairy product and eachpeddler-distributor shall file with the Commission lists of wholesale pricesand of minimum retail, distributor and dock prices. No distributor may sell atwholesale prices other than, or at retail, distributor or dock prices lessthan, those contained in the appropriate list, except in the case of bids todepartments or agencies of federal, state and local governments. In no case maythe distributor sell or offer to sell below cost.

(Added to NRS by 1959, 900; A 1975, 1495; 1979, 1311;1983, 1239; 1987, 155)

NRS 584.5835 Restrictionson sale of substitute dairy products by distributor.

1. A distributor shall not sell a substitute dairyproduct, as defined in NRS 584.176,below its cost to him.

2. A distributor who sells or distributes a substitutedairy product shall file with the Commission a statement of the cost of thesubstitute dairy product to him. The statement must be supplementedperiodically as required by regulations adopted by the Commission. TheCommission shall keep all statements confidential except when used in ajudicial proceeding or an administrative proceeding relating to the provisionsof this chapter.

(Added to NRS by 1981, 680; A 2001, 2436)(Substitutedin revision for NRS 584.573)

NRS 584.584 Distributormay meet competitive prices in sale of butter, fresh dairy products, fluid milkor fluid cream; information to be filed with Commission.

1. The provisions of NRS584.583 do not authorize the development of conditions of monopoly inproduction or distribution of fluid milk, fluid cream, butter, fresh dairyproducts or products made from fluid milk, and a distributor who meets in goodfaith a lawful competitive price is not subject to any penalty provided in NRS 584.325 to 584.670, inclusive, if he files with theCommission information detailing the circumstances surrounding the lawfulcompetitive price within 5 days after each occurrence. The information mustinclude the name and address of the distributor and the customer involved, thecompetitive price, the effective date of the price or condition, and the nameand address of the competing distributor.

2. If that information is accompanied by a writtenstatement, signed by the customer before a notary public or two competentwitnesses, that the competitive price has been offered or made available tohim, the statement is prima facie evidence that a distributor is meeting thecompetitive price or condition in good faith.

(Added to NRS by 1959, 901; A 1977, 1642; 1987, 156)

NRS 584.585 Dutyof Commission to prescribe unfair trade practices and investigate marketing andpricing practices. Pursuant to the declarationand statement of facts, policy and purposes set forth in NRS 584.325 to 584.670, inclusive, the Commission ishereby vested with the additional administrative duty and authority toprescribe unfair trade practices and investigate marketing and pricingpractices within marketing areas for later legislative recommendation.

[57:387:1955]

NRS 584.590 Investigationof prices in marketing area: Notice; hearing; record.

1. In investigating prices in any marketing area, theCommission may first make an investigation in the marketing area to establishfacts necessary to permit it to carry out the intent of NRS 584.585 and this section within thestandards prescribed in this section. In making the investigation, theCommission may, upon notice, examine the books and records of distributors andthe purchase of dairy products by retail stores in the marketing area and mayhold one or more public hearings, take testimony and may subpoena witnesses.Any public hearing must be held in the marketing area. All testimony receivedat public hearings must be under oath.

2. Notice of any hearing held by the Commissionpursuant to NRS 584.585 and this sectionmust be given by the Commission to every distributor and retail store in themarketing area whose name appears upon the records of the Commission or whofiles a request for the same with the Commission, by mail or by publication.The notice of hearing may be effected by mail, or by publication for 5successive days in a newspaper of general circulation in the area designated,and must specify the time and place of the hearing, which must not be heldbefore 10 days from the mailing or from the final publication of the notice;but if no daily newspaper of general circulation is published in the areadesignated, publication of notice for 2 successive weeks in a weekly newspaperof general circulation in the area will be considered proper publication ofnotice.

3. A record of any hearings held by the Commissionpursuant to NRS 584.585 and this sectionmust be made and filed in the office of the Commission and must be keptavailable at all times for inspection by any interested person.

[58:387:1955](NRS A 1977, 642; 1979, 1312)

Licensing of Distributors

NRS 584.595 Licenserequired to distribute dairy products; procedure for application; renewal;amendment; notification of Commission required if certain civil or criminalactions are brought against licensee or member of senior management oflicensee.

1. No distributor may deal in fluid milk, fluid creamor any other dairy product without first having obtained a license from theCommission.

2. The license required by this section is in additionto any license otherwise required by law.

3. Application for a license must be made on formsprescribed by the Commission, accompanied by a fee of $25 and must state thename and address of the applicant and such details as to the nature of theapplicants business as the Commission may require. The applicant must satisfythe Commission:

(a) Of the applicants good faith, character andresponsibility in seeking to carry on the business stated in the application.The applicant shall furnish the Commission with information regarding all civilor criminal actions brought by any governmental agency against the applicant,or any member of the senior management of the applicant, within the most recent10 years, where the character or reputation for honesty, competence orintegrity of the applicant or any member of the senior management of theapplicant was brought into question, regardless of whether the action resultedin a reprimand, fine, penalty or conviction.

(b) That the applicant has complied with the provisionsof this chapter and the regulations adopted by the Commission.

4. Licenses must be issued for a 12-month period fromthe first day of each year or for the remainder of the calendar year from thedate of issuance. A license issued pursuant to this section is nottransferable.

5. Application for renewal of a license for thefollowing year by a licensee, accompanied by the fee of $25, must be submittedto the Commission before the expiration date of the license held, and if not somade, the applicant shall pay an additional sum equal to the application feebefore the license may be issued.

6. Application for an amendment to an existing licensemust be accompanied by a fee of $25 and made upon forms prescribed by theCommission.

7. If a civil or criminal action is brought by any governmentalagency against a licensee, or any member of the senior management of thelicensee, where the character or reputation for honesty, competence orintegrity of the licensee or any member of the senior management of thelicensee is brought into question, the licensee shall immediately notify theCommission and provide the Commission with information regarding that action.

[59:387:1955](NRS A 1959, 897; 1979, 1312; 1985,1577; 2003, 367)

NRS 584.600 Bond:Amount; form and conditions; proceedings for enforcement.

1. Every distributor, before purchasing any fluid milkor fluid cream from a producer, must execute and deliver to the Commission asurety bond in the minimum sum of $1,000 executed by the applicant as principaland by a surety company qualified and authorized to do business in this stateas surety.

2. The bond shall be upon a form approved by theCommission and shall be conditioned upon the payment in the manner required by NRS 584.325 to 584.670, inclusive, of all amounts due toproducers for fluid milk and fluid cream purchased by such licensee orapplicant during the license year. The bond shall be to the State in favor ofevery producer of fluid milk and fluid cream.

3. In case of failure by a distributor to pay anyproducer or producers for fluid milk or fluid cream in the manner required by NRS 584.325 to 584.670, inclusive, the Commission shallproceed forthwith to ascertain the names and addresses of allproducer-creditors of such distributor, together with the amounts due and owingto them and each of them by such distributor, and shall request all suchproducer-creditors to file a verified statement of their respective claims withthe Commission. Thereupon, the Commission shall bring an action on the bond onbehalf of the producer-creditors.

4. Upon any action being commenced upon the bond, theCommission may require the filing of a new bond and immediately upon a recoveryin any action upon such bond, such distributor shall file a new bond, and uponfailure to file the same within 10 days in either case, such failure shallconstitute grounds for the revocation or suspension of the license of suchdistributor.

5. In the event that recovery upon the bond is notsufficient to pay all of the claims as finally determined and adjudged by thecourt, any such amount recovered shall be divided pro rata among theproducer-creditors.

[60:387:1955]

NRS 584.605 Amountof bond. The amount of the bond required by NRS 584.600 shall be based upon the highestdaily average of fluid milk purchased by the distributor in any calendar monthduring the license year, measured in gallons as follows:

 

Less than 100 gallons......................................................................................... $1,000

100 but less than 200........................................................................................ 2,000

200 but less than 300........................................................................................ 3,000

300 but less than 400........................................................................................ 4,000

400 but less than 500........................................................................................ 5,000

500 but less than 1,000..................................................................................... 6,000

1,000 but less than 2,000...................................................................................... 8,000

2,000 but less than 3,000.................................................................................... 10,000

3,000 but less than 4,000.................................................................................... 15,000

4,000 but less than 5,000.................................................................................... 20,000

5,000 or more........................................................................................................ 25,000

 

[61:387:1955](NRS A 1959, 897)

NRS 584.610 Increaseof purchases. In the event that anydistributor so increases his purchases of fluid milk during the license yearthat such purchases exceed the amount for which the distributor is bonded, thedistributor shall within a reasonable time post an additional bond or bonds asmay be required to comply with the provisions of NRS 584.595 to 584.645, inclusive.

[62:387:1955]

NRS 584.615 Applicabilityof provisions requiring licenses and bonds.

1. The licenses and bonds provided for in NRS 584.595 to 584.645, inclusive, shall be required foreach distributor, and for the purposes of NRS584.595 to 584.645, inclusive, eachsubsidiary milk plant or branch milk plant, whether under one ownership or not,shall be considered as an individual distributor.

2. No bond shall be required of a cooperativeassociation of producers.

[63:387:1955]

NRS 584.625 Failureto execute and deliver bond or post additional bond. Failureof any distributor who purchases fluid milk or fluid cream from producers toexecute and deliver the bond as herein provided and required shall constitute aviolation of NRS 584.325 to 584.670, inclusive. Failure of any suchdistributor to post such additional bond or bonds as may be required to complywith the provisions of NRS 584.325 to 584.670, inclusive, shall likewiseconstitute a violation of NRS 584.325 to584.670, inclusive.

[65:387:1955]

NRS 584.640 Distributorpurchasing from producer-distributor: When bond not required; notice toCommission; record of purchases; reports.

1. No bond is required of any distributor whopurchases fluid milk, fluid cream or any fresh dairy product from a distributorwho processes fluid milk, fluid cream or any fresh dairy product, if:

(a) The buyer at the time of obtaining possession orcontrol of each delivery pays for the delivered product in full in lawfulmoney; and

(b) The fluid milk, fluid cream or fresh dairy productis purchased in packages ready for human consumption and not in bulk.

2. Any distributor, before purchasing fluid milk,fluid cream or any fresh dairy product on the terms stated in subsection 1,shall notify the Commission of his intention to make the purchases, statingfrom whom and the anticipated average daily quantity of the purchases. Thedistributor shall also:

(a) Keep a record of the purchases, showing the dateand the amount of each purchase and the name of the seller; and

(b) Make such other and further reports to theCommission as it may from time to time require.

[68:387:1955](NRS A 1987, 157)

NRS 584.643 Emergencycases: Shortening time for hearing; service of notice; place of hearing.

1. Whenever the Commission is satisfied, either byinvestigation or after hearing, that a distributor is unable to pay for fluidmilk or fluid cream purchased from producers and is further satisfied that topermit the distributor to continue to purchase and receive fluid milk or fluidcream from producers would be likely to cause serious and irreparable loss toproducer-creditors and other producers, then the Commission within itsdiscretion may thereupon and forthwith shorten the time for hearing andthereupon may issue an order to show cause why the license of the distributorshould not be forthwith suspended or revoked; but the time of notice of thehearing shall in no event be less than 5 days.

2. At such hearing the distributor proceeded againstshall be ordered to show cause why his or its license should not be suspendedor revoked or continued under such conditions and provisions, if any, as theCommission may consider just and proper and for the protection of the bestinterests of the producer-creditors and producers from whom the distributor hasbeen and is receiving fluid milk or fluid cream.

3. Following such hearing, the decision of theCommission shall become effective at its discretion.

4. The hearing, in the case of such emergency, may becalled upon written notice, the notice to be served personally or by mail onthe distributor involved, and may be held at the nearest office of theCommission or at such place as may be most convenient in the discretion of theCommission for the attendance of all parties involved.

[76:387:1955](Substituted in revision for NRS584.680)

NRS 584.645 Inapplicabilityto retail stores. The provisions of NRS 584.595 to 584.645, inclusive, with respect tolicenses shall not apply to retail stores as such stores are defined in NRS 584.380.

[69:387:1955]

Assessments

NRS 584.647 Assessmentson fluid milk and fluid cream. The Commissionshall assess each distributor of fluid milk or fluid cream a sum not exceedingone-quarter cent per pound on all fluid milk or fluid cream distributed by thedistributor.

[66:387:1955](NRS A 1959, 898; 1979, 1313; 1985,1578; 2001, 2436)(Substitutedin revision for NRS 584.630)

NRS 584.648 Assessmentson butter and fresh dairy products.

1. The Commission shall assess each distributor ofbutter a sum not exceeding 2 cents per pound on all butter distributed by thedistributor.

2. The Commission shall assess all distributors offresh dairy products a sum not exceeding 4 cents per gallon on all ice cream,sherbet or ice cream or ice milk mixes, and a sum not exceeding 2 cents perpound on all cottage cheese and yogurt distributed by the distributors.

(Added to NRS by 1959, 901; A 1977, 1643; 1979, 1313;1981, 681; 1985, 1579; 1987, 157; 1991, 924; 2001, 2437)(Substitutedin revision for NRS 584.633)

NRS 584.649 Commissionmay lower rate of assessment; date on which assessment is due; penalty fordelinquent payment.

1. The Commission may lower the rate of any assessmentrequired to be paid under NRS 584.647 or584.648, whenever it finds that the costof administering the provisions of this chapter can be defrayed from revenuesderived from the lower rates.

2. A distributor shall pay the amount of theassessment to the Commission on or before the 20th of the month following themonth during which the fluid milk, fluid cream, butter or fresh dairy productwas distributed. If the payment is sent by mail, it is subject to theprovisions of NRS 238.100. If theassessment for the month is less than $3, the distributor may delay payment for3 months or until the cumulative assessments are $3 or more, whichever occursfirst.

3. If payments of assessments are not made as providedin subsection 2, the Commission shall charge, as a penalty for the latepayment, the amount of $10 or 10 percent of the total amount due but remainingunpaid, whichever is greater.

[67:387:1955](NRS A 1959, 898; 1979, 1314; 1985,1579; 1987, 157; 2001,2437; 2003, 368)

Reports

NRS 584.650 Recordsof distributors and cooperative organizations of producers. Every distributor who purchases fluid milk or fluid creamfrom a producer and every producer cooperative organization which handles milkfor its members or other producers shall make and keep for 3 years a correctrecord showing in detail the following information for each producer withreference to the handling, sale or storage of the fluid milk or fluid cream:

1. The name and address of the producer.

2. The date the fluid milk or fluid cream wasreceived.

3. The amount of fluid milk or fluid cream received.

4. The official butterfat test of the fluid milk orfluid cream.

5. The usage of the fluid milk or fluid cream.

6. Evidence of payment for the fluid milk or fluidcream purchased or handled.

[70:387:1955](NRS A 1975, 1496; 1979, 1314)

NRS 584.655 Confidentialityof records and reports. Any record or reportmade to the Commission pursuant to the provisions of NRS 584.650 shall be confidential and shallnot be divulged except when necessary for the proper determination of any courtproceedings or hearing before the Commission.

[71:387:1955]

Penalties

NRS 584.670 Criminaland civil penalties; grounds for refusal, suspension or revocation of license.

1. The violation of any provision of NRS 584.325 to 584.670, inclusive, or of any stabilizationand marketing plan, including any price requirements of such a plan, or of anyof the unfair practice provisions set forth in those sections, is a misdemeanor,and also is ground for revocation or suspension of a license in the manner setforth in NRS 584.325 to 584.670, inclusive.

2. Every distributor shall pay for fluid milk or fluidcream delivered to him or it at the time and in the manner specified in thecontract with the producer. Failure to make such a payment is ground forrefusal, suspension or revocation of a license in the manner set forth in NRS 584.325 to 584.670, inclusive.

3. In addition to any other penalty provided by NRS 584.325 to 584.670, inclusive, the Commission mayimpose a penalty of not more than $1,000 for each violation, to be recovered bythe Commission in a civil action in a court of competent jurisdiction. All sumsrecovered under this subsection must be deposited with the State Treasurer forcredit to the State General Fund.

[74:387:1955](NRS A 1959, 899; 1977, 1643; 1979,1314; 1981, 681; 2001,2438)

 

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