reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.053 - Dairy Fund: Creation; deposits; expenditures; interest and income to be credited to Fund.

1. There is hereby created in the State Treasury a special revenue fund designated as the Dairy Fund. Except as otherwise required in NRS 584.670, all money received pursuant to the provisions of this chapter must be paid into the Fund and must be expended for the administration and enforcement of the provisions of this chapter or for any other purpose authorized by the Legislature.
2. The interest and income earned on the money in the Dairy Fund, after deducting any applicable charges, must be credited to the Fund.
[8:387:1955]—(NRS A 1981, 264; 1983, 1589; 2001, 2435; 2010, 26th Special Session, 23; 2017, 148)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.061 - Collection and dissemination of statistical and other data.

In addition to the compilation of information pertaining to fluid milk and fluid cream from the reports required by NRS 584.325 to 584.670, inclusive, the Director shall collect, assemble, compile and distribute statistical data relative to fluid milk, fluid cream, other milk and milk products, and such other information as may relate to the dairy industry and the provisions of this chapter. For the purposes of this section, the Director may require such information as it deems necessary from distributors, producers, cooperative associations of producers, retailers and others who are engaged in the production, sale, distribution, handling or transportation of fluid milk, fluid cream or other dairy products.
[73:387:1955]—(NRS A 1975, 1496; 2001, 2437)—(Substituted in revision for NRS 584.665)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.067 - Regulations: Adoption.

1. The Director may adopt and enforce regulations to carry out the provisions of this chapter.
2. The Director shall adopt regulations establishing procedures for:
(a) Its administration and government;
(b) The formation and adoption of stabilization and marketing plans;
(c) The conduct of its public hearings;
(d) The manner in which information relating to costs required of producers, distributors and retailers is determined and presented to the Director; and
(e) Classifying fluid milk products into separate classes.
(Added to NRS by 1977, 1637; A 1987, 154; 2001, 2424; 2003, 366)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.069 - Regulations: Review by State Board of Health in certain circumstances.

Before the Director may adopt a regulation pursuant to NRS 584.099 to 584.285, inclusive, the Director shall submit the regulation to the State Board of Health for review and comment. The Board shall complete its review and return the regulation to the Director not later than 30 days after its receipt thereof unless the Director agrees to a longer time.
(Added to NRS by 2001, 2424)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.079 - Power of Director to refuse to grant, revoke or suspend license or permit.

1. The Director may refuse to grant any license or permit provided in this chapter and may revoke or suspend any such license or permit as the case may require when it is satisfied that an applicant, a licensee or a permit holder has violated any provision of this chapter, but no order may be made refusing, revoking or suspending any license or permit except after hearing upon at least 10 days’ notice to the applicant, licensee or permit holder, as appropriate.
2. The decision may include an order refusing, revoking or suspending the license or permit applied for or held by the respondent, or fixing such other conditional and probationary orders as may be proper for the enforcement of this chapter.
3. After any decision, including any conditional or probationary orders, should the respondent fail, refuse or neglect to comply with any such orders, the Director may suspend or revoke the license or permit in accordance with the procedure provided in this section.
4. Previous violation by any applicant or by any person connected with the applicant of any provision of this chapter is ground for denial, revocation or suspension of a license or permit.
[75:387:1955]—(NRS A 2001, 2438; 2003, 367)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.081 - Investigations; records of producers and distributors.

1. The Director may investigate, upon reasonable notice, any and all transactions between producers and distributors or among distributors or between distributors and retail stores or between distributors and consumers or between retail stores and consumers. The Director or its authorized agents may enter at all reasonable hours all places where milk is stored, bottled or manufactured, or where milk or milk products are bought, sold or handled, or where the books, papers, records or documents relating to such transactions are kept, and may inspect and copy any such books, papers, records or documents.
2. Each producer and distributor shall maintain adequate records concerning any and all transactions in fluid milk and fluid cream.
[38:387:1955]—(NRS A 1959, 895)—(Substituted in revision for NRS 584.505)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.083 - Hearings: Powers; oaths; subpoenas; witnesses.

1. For the purposes of this chapter, the Director may hold hearings, administer oaths, certify to official acts, take depositions, issue subpoenas, summon witnesses and examine the books and records of any producer, distributor or retailer. Such an examination may be made at any reasonable time or place by the Director or any agent of the Director.
2. The district court for the county in which any investigation is being conducted by the Director may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Director.
3. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, the Director may report to the district court for the county in which the investigation is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter; and
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Director in the investigation named in the subpoena, or has refused to answer questions propounded to him or her in the course of such investigation,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Director.
4. The court, upon petition of the Director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he or she has not attended or testified or produced the books or papers before the Director. A certified copy of the order must be served upon the witness. If it appears to the court that the subpoena was regularly issued by the Director, the court shall thereupon enter an order that the witness appear before the Director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.
[10:387:1955]—(NRS A 1975, 1493; 2001, 2435)—(Substituted in revision for NRS 584.470)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.087 - Hearings: Notification and appearance of Bureau of Consumer Protection in Office of Attorney General.

1. Written notice of any hearing held by the Director must be mailed to the Bureau of Consumer Protection in the Office of the Attorney General.
2. The Bureau may file with the Director any statement concerning the proposed action and may appear at the hearing to give evidence concerning the proposed action.
(Added to NRS by 1977, 1637; A 1993, 1775; 1997, 2015)—(Substituted in revision for NRS 584.472)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.089 - Enforcement of chapter and provisions of certain stabilization and marketing plans.

The Director shall enforce the provisions of this chapter and any stabilization and marketing plan initiated pursuant to the provisions of NRS 584.325 to 584.670, inclusive.
[36:387:1955]—(NRS A 1977, 1639; 1981, 681; 2001, 2436; 2017, 148)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.091 - Assistance in enforcement of chapter by agricultural police officers.

Each agricultural police officer who has the powers of a peace officer pursuant to NRS 289.290 shall render assistance to the Director in the enforcement of the provisions of this chapter.
(Added to NRS by 1959, 901; A 2001, 2436; 2017, 148; 2021, 1909)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.093 - Injunction against violation of law or order; joinder of defendants.

1. The Director may bring an action to enjoin the violation or threatened violation of any provisions of this chapter or of any order made pursuant to this chapter in the district court in the county in which such violation occurs or is about to occur.
2. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or orders, although their properties, interests, residence or place of business may be in several counties and the violations separate and distinct.
[47:387:1955]—(NRS A 2003, 175)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.099 - Definitions.

As used in NRS 584.099 to 584.107, inclusive:
1. "Frozen dessert" means any clean frozen or partially frozen combination of two or more of the following: Milk or milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color or harmless stabilizer, and includes ice cream, frozen custard, ice milk, milk sherbet, ices and other similar products.
2. "Mix" means the unfrozen combination of all ingredients 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 revision for NRS 584.013)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.101 - Requirements for sale of frozen dessert as ice cream or ice milk.

1. As used in this section:
(a) "Candy" includes candies, cakes, cookies, glaceed fruits, prepared cereals and similar products.
(b) "Chocolate ice cream" means ice cream flavored with chocolate or cocoa.
(c) "Fruit ice cream" means ice cream containing not less than 3 percent by weight of clean, mature, sound fruit or its equivalent in other forms.
(d) "Nut or candy ice cream" means ice cream containing not less than 1 percent by weight of sound nut meats or candy.
2. No frozen dessert may be labeled or sold in this state 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 at least 10 percent of milk fat and 20 percent of total milk solids.
3. Chocolate ice cream, fruit ice cream and nut or candy ice cream must contain at least 8 percent of milk fat and 16 percent of total milk solids.
4. Frozen desserts may be produced and sold which contain less than the amounts of milk fat required by subsections 2 and 3 for their respective categories of ice cream, but must be labeled:
(a) "Ice milk" if they contain at least 2 percent of milk fat and 11 percent of milk solids;
(b) "Low-fat frozen dairy desserts" if they contain at least 0.5 percent but less than 2 percent milk fat; or
(c) By a name which does not imply a dairy dessert, if they contain less than such amounts.
(Added to NRS by 1967, 1267; A 1983, 452; 2013, 604)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.103 - Regulations of Director: Adoption; scope.

Except as otherwise provided by law, the Director shall adopt, and may amend and repeal, 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 sold within the State of Nevada.
2. The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.
3. The issuing and revocation of permits to frozen desserts plants.
4. The grading and regrading of frozen desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for a violation of the regulations.
(Added to NRS by 1961, 112; A 1967, 1267; 2001, 2425; 2013, 604)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.107 - Penalty.

Any person who violates any provision of the regulations adopted pursuant to NRS 584.103, or refuses or neglects to obey any lawful order of the Director, is guilty of a misdemeanor.
(Added to NRS by 1961, 112; A 1967, 618; 2001, 2425; 2017, 149)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.125 - "Wholesome butter" defined.

For the purposes of NRS 584.125 to 584.145, inclusive, "wholesome butter" means butter made from cream and milk wherein the entire procedure from dairy to creamery, or other place of manufacture of such product or products, is conducted under sanitary conditions, and wherein the milk or cream has either been produced by cows all of which have been duly certified by some reputable veterinarian as free from tuberculosis, or, if not so certified, wherein such milk or cream has been pasteurized as prescribed by the Director pursuant to NRS 584.135.
[Part 1:151:1917; 1919 RL p. 2973; NCL § 2286]—(NRS A 1973, 280; 2001, 2425; 2013, 604)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.130 - Inspections and determinations by Director.

The inspection of butter under the provisions of NRS 584.125 to 584.145, inclusive, and the determination of the same as wholesome, are hereby made duties of the Director. The Director is hereby given all necessary authority and power for such inspection and determination and may employ such inspectors or agents therefor as may be necessary within any revenues generated or appropriation provided for such purposes.
[Part 3:151:1917; 1919 RL p. 2973; NCL § 2288]—(NRS A 2001, 2425; 2013, 605)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.135 - Regulations.

The Director shall make such regulations, within the meaning and purposes of NRS 584.125 to 584.145, inclusive, as may be necessary in their administration, and which may include the sanitary production, care and handling of milk and cream used in the making of butter.
[Part 4:151:1917; 1919 RL p. 2974; NCL § 2289]—(NRS A 1969, 1447; 1973, 995; 2001, 2425; 2013, 605)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.145 - Pasteurizing plants to be equipped with self-registering devices; availability of records.

Pasteurizing plants must be equipped with a self-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 for inspection by any health officer or person charged with the enforcement of NRS 584.125 to 584.145, inclusive.
[Part 1:151:1917; 1919 RL p. 2973; NCL § 2286]—(NRS A 2003, 367; 2013, 605)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.1792 - Permit required; permit nontransferable.

1. A dairy foods manufacturing plant shall not receive for sale, produce, sell, offer for sale or have in storage any manufactured dairy product if the plant does not possess a permit from the Director. Such a permit is not transferable.
2. As used in this section, "Dairy foods manufacturing plant" means:
(a) Any place, structure or building where milk or other dairy products are received or handled for manufacturing or prepared for distribution, or both;
(b) When used with regard to the production, transportation, grading or use of milk, any plant that handles or purchases milk for manufacturing purposes; and
(c) When used with regard to licensing, permitting or other regulatory requirements, only those plants that manufacture dairy products, including ice cream, butter, natural cheese, processed cheese, dry milk products, dry whey, evaporated milk products, condensed milk products and such other products for human consumption as may otherwise be designated.
(Added to NRS by 2003, 365, 366)—(Substituted in revision for NRS 584.006)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.180 - Sale or offer for sale of fresh fluid milk or cream without permit prohibited; exception.

1. A person, firm, association or corporation shall not sell or offer to sell fresh fluid milk or fresh fluid cream in the State of Nevada without obtaining a permit issued by the Director.
2. No such permit is required from any person, firm, association or corporation who sells solely to a permittee or purchases solely from a permittee.
[1:313:1955]—(NRS A 1963, 970; 1967, 1176; 1973, 1406; 2001, 2426)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › 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 the Director.
2. Include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and, if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.
3. Specify the name and location of the premises or business for which the license is sought.
4. Contain such other information as may be reasonably required by the Director.
[2:313:1955]—(NRS A 2001, 2426)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.190 - Inspection of dairy farms, milk plants and facilities of applicant.

If it appears to the satisfaction of the Director that the applicant has complied with all regulations governing the sanitation and grading of milk and milk products, the Director 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)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.195 - Issuance of permit; retention and availability of records concerning permits.

1. If, after the application and inspection, it appears to the satisfaction of the Director that the applicant has fully complied with all regulations governing the sanitation and grading of milk and milk products, the Director shall issue a permit to the applicant.
2. The Director shall keep a record of all applications for permits and permits issued by it, which must be a public record.
[4:313:1955]—(NRS A 1963, 971; 1967, 1177; 1973, 1406; 2001, 2427)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.205 - Director to direct periodic inspections of facilities of permittees; sale of imported milk and milk products without inspection; authority of Director to conduct inspections upon reasonable belief of violation of regulations.

1. In addition to the initial inspection of new applicants, the Director shall, except as otherwise provided in subsection 2, direct a periodic inspection, not less than annually, of all facilities belonging to permittees to ascertain whether the services, facilities and equipment continue to comply with the regulations referred to in NRS 584.195.
2. Except as otherwise provided in NRS 584.208 and the regulations adopted pursuant to that section, milk and milk products, including certified raw milk and products made from it, imported from outside the State of Nevada may be sold in this state without inspection by the Director if the requirements of paragraph (a) or (b) are met:
(a) The milk and milk products have been produced, pasteurized, processed, transported and inspected under statutes or regulations substantially equivalent to the Nevada milk and milk products statutes and regulations.
(b) The milk and milk products have been awarded an acceptable milk sanitation, compliance and enforcement rating by a state milk sanitation rating officer certified by the United States Public Health Service.
3. Whenever the Director has reasonable grounds to believe that a seller of milk or milk products, including certified raw milk and products made from it, is violating any of the regulations adopted by the Director or any county milk commission relating to the sanitation and grading of milk and milk products, including certified raw milk and products made from it, or that the seller’s facilities or products fail to meet the regulations, or that the seller’s operation is in any other manner not in the best interests of the people of this state, the Director may conduct a reasonable inspection, and if any violation or other condition inimical to the best interests of the people of this state is found, to take corrective action pursuant to NRS 584.180 to 584.211, inclusive.
[Part 6:313:1955]—(NRS A 1975, 483; 1979, 446; 2001, 2427; 2013, 605)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.207 - Certified raw milk: Definition; appointment, duties and powers of county milk commission; sampling and inspections required for certification.

1. Certified raw milk is unpasteurized, marketed milk which conforms to the regulations and standards adopted by the county milk commission for the production and distribution of certified raw milk and certified raw milk products in the county in which they are produced.
2. In each county in which certified raw milk or certified raw milk products are produced for public consumption, there must be a county milk commission to regulate the production and distribution of those products. The board of county commissioners shall appoint to the commission three 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 following respective qualifications:
(a) One member must be a physician licensed in this State and a member of the medical society of the state;
(b) One member must be a veterinarian licensed in this State and a member of the county or regional veterinarian association; and
(c) One member must be a representative of the public at large.
3. A county milk commission shall:
(a) Elect one of its members as chair and adopt appropriate rules to govern:
(1) The time and place of its meetings;
(2) Its rules of procedure; and
(3) Its recordkeeping and other internal operations.
(b) Adopt written regulations, which must be approved by the Director, governing the production, distribution and sale in the county of certified raw milk and products made from it, to protect the public health and safety and the integrity of the product.
(c) Certify raw milk and the products thereof for any applicant producing raw milk within the county, whose product and methods of production, distribution and sale comply with the regulations and standards adopted by the county milk commission.
4. A county milk commission may:
(a) Establish and collect such fees and charges as appear reasonably necessary to defray the costs and expenses incurred by it in the performance of its duties under this section, and expend any money so collected as is necessary for such performance.
(b) Conduct such tests, inspections and analyses as are necessary to enable it to perform its duties under this section and employ such personnel and equipment as it deems necessary therefor.
5. Each applicant for certification must, as a condition for entertaining his or her application and as a condition for any certification granted, submit for testing by the county milk commission such samples as the county milk commission requests, and allow inspections by the county milk commission or its agents at any reasonable times, of any or all of the facilities, equipment, herds or other property employed in the applicant’s dairy operations, including, without limitation, all of the applicant’s books and records relating thereto.
(Added to NRS by 1979, 445; A 2001, 2428; 2013, 606)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.208 - Certified raw milk: Conditions governing sale; handling; regulations.

1. Certified raw milk and products made from it may be sold if the milk has been:
(a) Cooled to 45 degrees Fahrenheit or less immediately after being drawn from the cow or goat and maintained at or below that temperature until it is delivered to the consumer, at which time it may not contain more than 10 coliform bacteria per milliliter or more than 10,000 bacteria per milliliter; and
(b) Certified by the county milk commission of the county in which it was produced.
2. No person may come in contact with or be near raw milk before it is sold to the consumer unless the person maintains scrupulous cleanliness and is not afflicted with any communicable disease or in a condition to disseminate any disease which can be transmitted by milk. No person may handle milk to be sold as raw unless the person has a physical examination before any employment requiring the person to do so and every 3 months thereafter while continuing in the employment.
3. The Director shall adopt regulations governing:
(a) Inspections to determine the health of cows and goats which produce milk for sale as raw milk.
(b) Inspections of dairy farms which produce milk for sale as raw milk and establishing minimum standards of cleanliness and sanitation for the farms.
(c) Examinations of all persons who come in contact with raw milk before it is sold to a consumer.
(d) Other matters connected with the production and sale of raw milk which the Director deems necessary to protect the public health.
(Added to NRS by 1979, 446; A 2001, 2429)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.209 - Limitations on sale or dispensing of raw milk; authority of Director to impound or dispose of adulterated or misbranded milk or milk product.

1. In addition to the provisions of NRS 584.208, raw milk may be sold or dispensed:
(a) Solely to a hauler of milk or to a processing facility which is permitted or regulated by a state or federal agency; or
(b) Only if the raw milk is labeled "FOR ANIMAL FOOD - NOT FOR HUMAN CONSUMPTION" in letters at least 3 inches high on each container of the raw milk and only if the raw milk is altered with an approved denaturant consisting of:
(1) Finely powdered charcoal;
(2) FD&C Blue No. 1, FD&C Blue No. 2 or Ultramarine Blue; or
(3) FD&C Green No. 3, FD&C Red No. 3 or FD&C Red No. 40.
2. The Director may impound and dispose of any adulterated milk or milk product or misbranded milk or milk product in any manner prescribed by the Director.
3. As used in this section:
(a) "Adulterated milk or milk product" means any milk or milk product for which one or more of the conditions prescribed in 21 U.S.C. § 342 exist.
(b) "Misbranded milk or milk product" means any milk or milk product:
(1) That is packaged in a container which displays or is accompanied by any false or misleading written, printed or graphic matter; or
(2) For which one or more of the conditions prescribed in 21 U.S.C. § 343 exist.
(c) "Sold or dispensed" means any transaction involving the transfer or dispensing of raw milk by barter or contractual agreement or in exchange for any form of compensation, including, but not limited to, the sale of shares or interests in a cow, goat or other lactating mammal or herd.
(Added to NRS by 2013, 602)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.211 - Authority of Director to impose civil penalties.

In addition to denying, suspending or revoking a permit pursuant to NRS 584.210 or the imposition of any other penalty pursuant to the provisions of NRS 584.180 to 584.211, inclusive, the Director may impose a civil penalty of not more than $1,000 for each violation of those provisions, which may be recovered by the Director in a civil action in a court of competent jurisdiction. All sums recovered under this section must be deposited with the State Treasurer for credit to the State General Fund.
(Added to NRS by 2013, 603)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.215 - Milk tester’s license required; use of Babcock test; alternate methods of testing; issuance of license.

1. Except as otherwise provided in subsection 2, all testing of milk or cream purchased on the basis of the amount of butterfat contained therein must be done by a licensed tester, who shall supervise and is responsible for the operation of the Babcock test of milk or cream.
2. Methods of testing such milk, other than the Babcock test, may be used if approved by the Director. If such approval is given, equipment suitable for the performance of the Babcock test must be provided and maintained.
3. A license may be issued to a tester by the Director. The Director shall examine the qualifications of the applicant for a license, and every applicant must satisfy the Director of his or her qualifications and comply with the provisions in NRS 584.215 to 584.285, inclusive, before a license may be issued.
4. If a method of testing other than the Babcock test is used, the tester must be licensed to perform that method of testing and the Babcock test.
[Part 2:167:1921; A 1951, 441]—(NRS A 1983, 213; 1997, 2100; 2001, 2431)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.216 - Payment of child support: Statement by applicant for milk tester’s license; grounds for denial of license; duty of Director. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of a milk tester’s license shall submit to the Director the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Director shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Director.
3. A milk tester’s license may not be issued or renewed by the Director if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Director shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2099; A 2001, 2431; 2003, 174)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.217 - Suspension of milk tester’s license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Director receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a milk tester’s license, the Director shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Director receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Director shall reinstate a milk tester’s license that has been suspended by a district court pursuant to NRS 425.540 if the Director receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2099; A 2001, 2432; 2003, 174)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.218 - Application for milk tester’s license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

An application for the issuance of a milk tester’s license must include the social security number of the applicant.
(Added to NRS by 1997, 2100)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.220 - License required for receipt or purchase of milk or cream on basis of butterfat content; requirements for issuance.

1. Every creamery, shipping station, milk factory, cheese factory, ice cream factory, condensery, or any person, firm or corporation receiving or purchasing milk or cream on the basis of butterfat contained 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 Director upon complying with all sanitary laws, rules and regulations of the State of Nevada, and upon complying with the provisions of NRS 584.215 to 584.285, inclusive, and upon payment of a license fee, if any, as provided in any regulations adopted pursuant to NRS 584.225.
[6:167:1921; NCL § 2280]—(NRS A 2001, 2432; 2013, 608)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.225 - Licenses: Fee for milk tester’s license; expiration.

1. The Director may, by regulation, establish a fee of not more than $10 for issuing and renewing a milk tester’s license.
2. All licenses required under NRS 584.215 to 584.285, inclusive, expire at the end of each calendar year.
[Part 7:167:1921; A 1955, 282] + [11:167:1921; NCL § 2285]—(NRS A 2001, 2432; 2013, 608; 2017, 149)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.227 - Application for renewal of milk tester’s license required to include information relating to state business license; renewal of license prohibited in certain circumstances.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a milk tester’s license must indicate in the application submitted to the Director whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A milk tester’s license may not be renewed by the Director if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Director pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) "Agency" has the meaning ascribed to it in NRS 353C.020.
(b) "Debt" has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2740)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.230 - Revocation of licenses.

A license may be revoked by the Director if, after due notice, the licensee fails or has failed to comply with 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)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.235 - Regulations: Adoption; printing and distribution.

The Director shall make uniform regulations for the proper enforcement of NRS 584.215 to 584.285, inclusive. The regulations must be printed and distributed by the Director upon application therefor to licensed or other dairies, 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)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.240 - Licensed tester to record tests in permanent book of record; inspection of record.

1. A licensed tester shall, in addition to the records required to be kept by NRS 584.215 to 584.285, inclusive, record all tests made by the tester in a permanent book of record, a form for which must be supplied at cost or approved by the Director, and tests must be indelibly recorded in the record book in such a manner as to identify the patron whose milk or cream has been tested, and also in such a manner as to prevent erasures or changes being made in these tests.
2. The record must be at all times during business hours kept open for inspection by the Director or its agents, or by any officer of the city and county board of health, or by any peace officer of the city, county or state, or by any patron who may be delivering milk or cream to the plant or place where such tests are made.
[4:167:1921; A 1955, 282]—(NRS A 2001, 2433)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.245 - Duty of licensed tester to retain testable samples of milk and cream.

A licensed tester also shall retain in testable condition a sample of all milk or cream tested for a period of not less than 72 hours after such tests of milk or cream have been made. The tester shall be responsible for the safekeeping of such samples of milk or cream and shall retain the same in his or her custody for such period of time.
[Part 5:167:1921; A 1955, 282]—(NRS A 1975, 484)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.250 - Testing of cream sold on basis of richness or percentage of milk fat.

All cream sold in the State of Nevada on the basis of the richness or the percentage of milk fat contained therein must be tested by the Babcock test or any other testing equipment or procedures approved by the Director.
[Part 9:167:1921; A 1955, 282]—(NRS A 2001, 2433; 2003, 367)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.255 - Director to inspect periodically apparatus used to determine percentage of fat in milk or cream.

The Director shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream.
[8:167:1921; A 1955, 282]—(NRS A 1961, 112; 2001, 2433)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.260 - Specifications of state’s standard measure.

The state’s standard measure, or pipette, shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 1 cubic centimeter of mercury at a temperature of 65° F. between "zero" and "five" on the graduated scale on the neck thereof; the scale to have a length of not less than 6.5 millimeters for each percent, or 6.5 centimeters between "zero" and "ten" on the graduated scale on the neck thereof, the scale to be graduated to at least two-tenths of 1 percent. The milk fat in the neck of the bottle shall be read from the lower line separation between the fat and the water to the top of the fat column at a temperature not lower than 130° F. and not higher than 140° F.
[Part 9:167:1921; A 1955, 282]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.265 - Analyses of milk and cream samples by representative or appointee of Director.

The Director’s duly authorized representative or appointee shall make analyses of all samples of milk or cream deemed necessary for the enforcement of NRS 584.215 to 584.285, inclusive.
[Part 5:167:1921; A 1955, 282]—(NRS A 2001, 2433)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.270 - Director to investigate and test milk upon complaint of licensed milk producer.

The Director, on complaint of any licensed milk producer, showing good cause therefor, that the tests made by any licensed tester are incorrect or inaccurate, shall investigate and test milk from the producer, at the source, until the Director is satisfied as to the correctness or incorrectness of the complaint.
[Part 2:167:1921; A 1951, 441]—(NRS A 2001, 2433)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.275 - Unlawful acts concerning official test; cream to be weighed into bottle.

1. It is unlawful for any person for himself or herself or as the agent, servant, employee or officer of any person, firm or corporation receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein to:
(a) Underread, overread or otherwise fraudulently manipulate the official test used for determining the percent of butterfat in milk or cream;
(b) Falsify the records thereof; or
(c) Use any other test or deviate from an accepted procedure unless it is approved by the Director.
2. In all tests for cream, the cream must be weighed into the bottle used for testing.
[Part 2:167:1921; A 1951, 441]—(NRS A 1983, 214; 2001, 2434)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.280 - Fraudulent manipulation of weight, measure or test unlawful.

1. It shall be unlawful for any hauler of milk or cream, other than a common carrier, or any person, firm or corporation receiving or purchasing milk or cream by weight or test or both, or by measure or test or both, fraudulently to manipulate the weight, measure or test of milk or cream, or to take unfair samples thereof, or fraudulently to manipulate such samples.
2. Such hauler or other agent shall weigh or measure the milk or cream of each patron accurately and correctly and shall report such weights and measurements accurately and correctly to the creamery or factory. The hauler or other agent shall thoroughly mix the milk or cream of each patron, by pouring or stirring until such milk or cream is uniform and homogenous in richness, before the sample is taken from such milk or cream.
3. When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply.
[1:167:1921; NCL § 2275]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.285 - Penalty.

Any person violating any provision of NRS 584.215 to 584.285, inclusive, shall be guilty of a misdemeanor.
[10:167:1921; NCL § 2284]—(NRS A 1967, 619; 2013, 2740; 2019, 2954)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.325 - Definitions.

As used in NRS 584.325 to 584.670, inclusive, unless the context otherwise requires, the words and terms defined in NRS 584.335 to 584.385, inclusive, have the meanings ascribed to them in those sections.
[18:387:1955]—(NRS A 1987, 154; 2001, 2434)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.345 - "Distributor" defined.

1. "Distributor" means any person, whether or not the person is a producer or an association of producers, who purchases or handles fluid milk, fluid cream or any other dairy product for sale, including brokers, agents, copartnerships, cooperative corporations, and incorporated and unincorporated associations.
2. The term does not include any of the following:
(a) Any retail store that is not engaged in processing and packaging fluid milk or fluid cream or does not purchase, transport into the state, or otherwise receive for resale, fluid milk, fluid cream or any other dairy product from sources outside this state.
(b) Any establishment, where fluid milk or fluid cream is sold only for consumption on the premises, that is not engaged in processing and packaging fluid milk or fluid cream.
(c) Any person who owns or controls one or more retail stores or owns or controls one or more establishments where fluid milk or fluid cream is sold for consumption on the premises.
(d) Any producer who delivers fluid milk or fluid cream only to a distributor.
[25:387:1955]—(NRS A 1959, 894; 1979, 1307; 2013, 608)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.350 - "Fluid cream" defined.

"Fluid cream" means cream or any mixture of cream and milk or skim milk containing 9 percent or more of butterfat, with or without the addition of any other ingredient, which is not packaged in hermetically sealed containers.
[22:387:1955]—(NRS A 2013, 609)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.355 - "Fluid milk" defined.

"Fluid milk" means any milk product in fluid or frozen form containing less than 9 percent butterfat, including, without limitation, milk, fat-free milk, low-fat milk, light milk, reduced-fat milk, eggnog and cultured buttermilk. The term does not include any:
1. Evaporated or condensed milk;
2. Formula for infants or for dietary use that is packaged in a hermetically sealed container; or
3. Product which contains less than 6.5 percent nonfat milk solids and whey.
[21:387:1955]—(NRS A 2013, 609)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.357 - "Fresh dairy products" defined.

"Fresh dairy products" includes, but is not limited to, buttermilk, skim milk, ice cream, ice milk mix, sherbet, sour cream, eggnog, yogurt, butter and cottage cheese, without regard to the class of fluid milk or fluid cream which is used to make those products.
(Added to NRS by 1987, 154; A 2013, 609)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.370 - "Producer" defined.

1. "Producer" means any person who produces fluid milk from five or more lactating mammals in conformity with the applicable health regulations of the place in which it is sold.
2. "Producer" includes any association of producers.
[24:387:1955]—(NRS A 2013, 609)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.375 - "Producer-distributor" defined.

1. "Producer-distributor" means any person who is both a producer and a distributor of fluid milk and fluid cream.
2. For the purposes of NRS 584.325 to 584.670, inclusive, a producer-distributor shall be deemed to be a producer in any transaction involving the delivery of fluid milk or fluid cream produced by the producer-distributor to a distributor and shall be deemed to be a distributor in any transaction involving the delivery of fluid milk or fluid cream to a person who is not a distributor as defined in NRS 584.345.
[26:387:1955]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.380 - "Retail store" defined.

"Retail store" means any person owning or operating a retail grocery store, restaurant, confectionery or other similar business, where fluid milk, fluid cream or any fresh dairy product is sold to the general public.
[27:387:1955]—(NRS A 1977, 1638; 1987, 154)