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2022 Nevada Revised Statutes
Chapter 590 - Motor Vehicle Fuel, Petroleum Products and Antifreeze
NRS 590.100 - Powers and duties of State Sealer of Consumer Equitability and Nevada Highway Patrol. [Effective through December 31, 2021.] Powers and duties of State Sealer of Measurement Standards and Nevada Highway Patrol. [Effective January 1, 2022.]

Universal Citation: NV Rev Stat § 590.100 (2022)

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The State Sealer of Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and has the following powers and duties:

1. The State Sealer of Consumer Equitability may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.

2. The State Sealer of Consumer Equitability, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.

3. The State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.

4. The State Sealer of Consumer Equitability, or the appointees thereof, may close and seal the outlets of any containers, pumps, dispensers or storage tanks connected thereto which are unlabeled or mislabeled or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

5. Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of Consumer Equitability, or the appointees thereof:

(a) May take or cause to be taken meter readings and a physical inventory of the petroleum product or motor vehicle fuel; and

(b) If meter readings and an inventory are taken pursuant to paragraph (a), shall ensure that the findings of the meter readings and physical inventory are reported in the confirmation for disposition.

6. If a violation of any of the provisions of NRS 590.010 to 590.150, inclusive, occurs at a bulk storage facility, the operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel is no longer in violation. Except as otherwise provided in this subsection, the operator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Consumer Equitability, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation. The operator of the bulk storage facility shall make available to the State Sealer of Consumer Equitability, or the appointees thereof, upon request, a complete list of customers contacted and how such contact was made. The State Sealer of Consumer Equitability may exempt from the notification requirement a bulk storage facility where such a violation occurs if:

(a) The petroleum product or motor vehicle fuel is used for blending purposes or is designed for special equipment or services; and

(b) The operator of the bulk storage facility can demonstrate that the distribution of the petroleum product or motor vehicle fuel will be restricted to those uses.

7. Except as otherwise provided in this subsection, the State Sealer of Consumer Equitability, or the appointees thereof, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed. The requirement to provide 24 hours’ notice pursuant to this subsection may be waived if the State Sealer of Consumer Equitability, or the appointees thereof, and the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed agree in writing to the waiver.

8. After removing the contents pursuant to subsection 7 and before the contents may be disposed of, the method of disposition of the contents must be agreed to by the State Sealer of Consumer Equitability, or the appointees thereof.

9. After the method of disposition of the contents is agreed to pursuant to subsection 8 and the disposition occurs, the person who disposes of the contents shall make available in writing to the State Sealer of Consumer Equitability, or the appointees thereof, a confirmation of the disposition of the products in violation. Such a confirmation of disposition must include the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred if the meter readings and physical inventory are taken or caused to be taken pursuant to subsection 5. A confirmation of the disposition of the products in violation may be in the form of:

(a) A delivery ticket;

(b) An invoice;

(d) A bill of sale;

(e) A terminal ticket; or

(f) Any other proof of transfer that is approved by the State Board of Agriculture pursuant to paragraph (a) of subsection 2 of NRS 590.071.

10. The State Sealer of Consumer Equitability shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive.

11. It is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the performance of his or her duties described in this section, including, without limitation, refusing to permit, during regular business hours, the State Sealer of Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this State.

12. As used in this section, "bulk storage facility" means a facility that is used to temporarily store a petroleum product or motor vehicle fuel in bulk before distribution of the petroleum product or motor vehicle fuel to retail, commercial or consumer outlets.

[10:157:1955]—(NRS A 1959, 619; 1961, 581, 651; 1981, 529; 2005, 658; 2013, 2487; 2021, 141)

The State Sealer of Measurement Standards is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and has the following powers and duties:

1. The State Sealer of Measurement Standards may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.

2. The State Sealer of Measurement Standards, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.

3. The State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.

4. The State Sealer of Measurement Standards, or the appointees thereof, may close and seal the outlets of any containers, pumps, dispensers or storage tanks connected thereto which are unlabeled or mislabeled or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

5. Upon closing and sealing an outlet pursuant to subsection 4, the State Sealer of Measurement Standards, or the appointees thereof:

(a) May take or cause to be taken meter readings and a physical inventory of the petroleum product or motor vehicle fuel; and

6. If a violation of any of the provisions of NRS 590.010 to 590.150, inclusive, occurs at a bulk storage facility, the operator of the bulk storage facility shall, within 12 hours after being notified by the State Sealer of Measurement Standards, or the appointees thereof, of the violation, make any arrangements necessary to replace or adjust the petroleum product or motor vehicle fuel so that the product or fuel is no longer in violation. Except as otherwise provided in this subsection, the operator of the bulk storage facility shall also, within 12 hours after being notified by the State Sealer of Measurement Standards, or the appointees thereof, notify all customers that have or may have received the petroleum product or motor vehicle fuel that is in violation. The operator of the bulk storage facility shall make available to the State Sealer of Measurement Standards, or the appointees thereof, upon request, a complete list of customers contacted and how such contact was made. The State Sealer of Measurement Standards may exempt from the notification requirement a bulk storage facility where such a violation occurs if:

(a) The petroleum product or motor vehicle fuel is used for blending purposes or is designed for special equipment or services; and

(b) The operator of the bulk storage facility can demonstrate that the distribution of the petroleum product or motor vehicle fuel will be restricted to those uses.

7. Except as otherwise provided in this subsection, the State Sealer of Measurement Standards, or the appointees thereof, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed pursuant to subsection 4, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed. The requirement to provide 24 hours’ notice pursuant to this subsection may be waived if the State Sealer of Measurement Standards, or the appointees thereof, and the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed agree in writing to the waiver.

9. After the method of disposition of the contents is agreed to pursuant to subsection 8 and the disposition occurs, the person who disposes of the contents shall make available in writing to the State Sealer of Measurement Standards, or the appointees thereof, a confirmation of the disposition of the products in violation. Such a confirmation of disposition must include the volume, in gallons, of the petroleum product or motor vehicle fuel that is transferred if the meter readings and physical inventory are taken or caused to be taken pursuant to subsection 5. A confirmation of the disposition of the products in violation may be in the form of:

(a) A delivery ticket;

(b) An invoice;

(d) A bill of sale;

(e) A terminal ticket; or

(f) Any other proof of transfer that is approved by the State Board of Agriculture pursuant to paragraph (a) of subsection 2 of NRS 590.071.

10. The State Sealer of Measurement Standards shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive.

11. It is unlawful for any person, or any officer, agent or employee thereof, to hinder, obstruct or prevent, or attempt to hinder, obstruct or prevent, the State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, in the performance of his or her duties described in this section, including, without limitation, refusing to permit, during regular business hours, the State Sealer of Measurement Standards, or the appointees thereof, or any member of the Nevada Highway Patrol, access to property or equipment in this State.

[10:157:1955]—(NRS A 1959, 619; 1961, 581, 651; 1981, 529; 2005, 658; 2013, 2487; 2021, 104, 141, effective January 1, 2022)

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