reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.390 - Business affected with public interest; purpose of provisions.

The production and distribution of fluid milk and of fluid cream is hereby declared to be a business affected with a public interest. The provisions of NRS 584.325 to 584.670, inclusive, are enacted in the exercise of police powers of this state for the purpose of protecting the health and welfare of the people of this state.
[12:387:1955]—(NRS A 1977, 1638)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.395 - Legislative declaration.

The Legislature declares that:
1. Fluid milk, fluid cream and other dairy products are necessary articles of food for human consumption.
2. The production and maintenance of an adequate supply of healthful dairy products is vital to the public health and welfare.
3. The production, transportation, processing, storage, distribution or sale of fluid milk, fluid cream and other dairy products in the State of Nevada is an industry affecting the public health and welfare.
4. It is the policy of this state to:
(a) Promote, foster and encourage economical production and orderly marketing of dairy products necessary to its citizens, including milk;
(b) Promote the economic viability of the dairy industry to ensure the availability of pure, fresh and wholesome dairy products necessary for its citizens; and
(c) Eliminate speculation, waste, improper marketing, unfair and destructive trade practices and improper accounting for milk purchased from producers.
[13:387:1955]—(NRS A 2013, 609)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.400 - Necessity for marketing areas; administrative authority of Director.

It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different regulations are necessary, and for that purpose the Director shall have the administrative authority, with such additional duties as are herein prescribed, after investigation and public hearing, to prescribe such marketing areas and modify the same when advisable or necessary.
[14:387:1955]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.410 - Purposes.

The purposes of NRS 584.325 to 584.670, inclusive, are:
1. To provide money for the administration and enforcement of the provisions of this chapter by assessments to be paid by producers of fluid milk or fluid cream, or both, and from licenses issued to distributors in the manner prescribed herein.
2. To authorize and enable the Director to prescribe marketing 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 prices are necessary due to varying factors of costs of production, health regulations, transportation and other factors in the marketing areas of this state, but the price of fluid milk or fluid cream within any marketing area must be uniform for all purchasers of fluid milk or fluid cream of similar grade or quality under like terms and conditions.
3. To authorize and enable the Director to formulate stabilization and marketing plans subject to the limitations prescribed in NRS 584.325 to 584.670, inclusive, with respect to the contents of the stabilization and marketing plans and to declare the plans in effect for any marketing area.
4. To promote the economic viability of the dairy industry in this State by developing and maintaining satisfactory marketing conditions, creating a reasonable amount of stability in the production and marketing of fluid milk, fluid cream and other dairy products and enhancing the knowledge of the members of the public concerning the nutritional value of pure, fresh and wholesome fluid milk, fluid cream and other dairy products.
[16:387:1955]—(NRS A 1959, 894; 1975, 1492; 2001, 2434; 2013, 610)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.415 - Construction.

1. It is the intent of the Legislature that the powers conferred in NRS 584.325 to 584.670, inclusive, shall be liberally construed.
2. Nothing in NRS 584.325 to 584.670, inclusive, shall be construed as permitting or authorizing the development of conditions of monopoly 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 or fluid cream shall be established by the Director for the purpose of insuring an adequate and continuous supply of pure, fresh, wholesome fluid milk and fluid cream to consumers at fair and reasonable prices in the several localities and markets of the State and under the varying conditions of production and distribution.
[17:387:1955]—(NRS A 1959, 895)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.419 - Applicability to retail stores.

NRS 584.325 to 584.670, inclusive, apply to retail stores in the following particulars only:
1. The examination by the Director of the purchase records 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 marketing plan 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)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.547 - Authority to formulate plan.

The Director may formulate any stabilization and marketing plan as prescribed in NRS 584.325 to 584.670, inclusive, and declare the same effective after public hearing and reasonable notice by mail or otherwise to all producers and distributors of record with the Director affected by such plan.
[40:387:1955]—(NRS A 2017, 149)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.550 - Designation of marketing areas; additional areas; modification or consolidation of areas.

1. The Director shall designate marketing areas which it deems necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive, and wherein the Director finds the conditions affecting the production, distribution and sale of fluid milk, fluid cream and other dairy products are reasonably uniform.
2. The Director may establish additional areas or modify areas theretofore established when the Director deems the establishment or modification of such areas necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive.
3. When the Director finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and distribution are reasonably uniform in two or more such marketing areas wherein stabilization and marketing plans are in effect, the Director may consolidate the area, provided that at the hearings more than 35 percent of the producers present who supply the areas proposed to be consolidated do not object to such consolidation.
[50:387:1955]—(NRS A 2013, 610)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.555 - Hearing required to determine whether producers desire formation of plan; exception.

The Director shall, prior to the formulation of a stabilization and marketing plan for fluid milk or fluid cream for any marketing area, conduct a public hearing in the area for the purpose of determining whether or not producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk or fluid cream produced for the marketing area by all such producers, desire that a stabilization and marketing plan for fluid milk or fluid cream be formulated for the area; but if a petition is presented to the Director by the producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk or fluid cream business is in the production of fluid milk or fluid cream for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk or fluid cream produced for the marketing area by all such producers, it is not necessary that the hearing be held.
[51:387:1955]—(NRS A 2013, 610)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.565 - Formulation of plan: Notice; hearing; order declaring plan in effect.

1. If the Director finds that a stabilization and marketing plan is necessary to accomplish the purposes of NRS 584.325 to 584.670, inclusive, it shall formulate a stabilization and marketing plan for fluid milk or fluid cream, or both, for such area and issue a notice of public hearing upon the plan formulated to all producers and distributors of record with the Director who may be subject to the provisions of the plan.
2. The notice of hearing may be effected by mail or by publication for 5 successive days in a newspaper of general circulation in the area designated and must specify the time and the place of the hearing, which must not be held before 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 area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.
3. At the hearing, which must be held in the area to which the plan applies, interested persons shall be heard and records kept of the hearing for determination by the Director whether the plan proposed will accomplish the purposes of NRS 584.325 to 584.670, inclusive.
4. If, after public hearing, the Director determines that the proposed plan will tend to accomplish the purposes of NRS 584.325 to 584.670, inclusive, within the standards herein prescribed, the Director shall issue an order to all producers and distributors of record with the Director and subject to the provisions of the plan, declaring the plan in effect within 30 days from the date of the hearing.
[53:387:1955]—(NRS A 1979, 1308)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.566 - Amendment or termination of plan: Procedure.

1. In addition to procedures provided for in subsections 3 and 4, the Director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in NRS 584.550, 584.555 and 584.565, if it finds that the plan is no longer in conformity with the standards prescribed in, or will not tend to effectuate the purposes of, NRS 584.325 to 584.670, inclusive.
2. The hearing may be held upon the motion of the Director and must be held if a proper petition is filed. The Director shall hold the hearing in the marketing area to which the plan applies.
3. If producers wish to abandon an existing stabilization and marketing plan and establish a Federal Milk Marketing Order or other similar type of milk marketing order, the Director may continue a marketing and stabilization plan in effect for any given area, insofar as wholesale and retail provisions are concerned, whenever it appears that 55 percent of the distributors in any given area, whose major interest in the fluid milk and fluid cream business consists of at least 55 percent of the fluid milk and fluid cream distributed within the area by volume, desire that the wholesale and retail provisions, including price regulations, be continued.
4. Areas which are nonproducing may terminate a stabilization and marketing plan which affects wholesale and retail prices if 55 percent of the licensed distributors delivering 55 percent of the products to that area wish to terminate the plan after notice and public hearing as prescribed in NRS 584.550, 584.555 and 584.565.
[41:387:1955]—(NRS A 1959, 895; 1977, 1639; 1979, 1307)—(Substituted in revision for NRS 584.520)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.567 - Amendment or termination of plan: Petition; hearing.

1. An amendment or termination of a stabilization and marketing plan may be initiated by filing a petition with the Director. The petition, filed in four copies, must include:
(a) The name and address of every person joining in the petition. If the petitioner is a cooperative association of producers, a partnership or corporation, the names of the authorized representative or representatives thereof shall be listed.
(b) A concise statement of the specific relief requested.
(c) A specific statement of the reasons why such relief is needed.
(d) A statement of the substantiating evidence.
2. The petition must be signed by the petitioners, and an affidavit must accompany each petition stating that the facts therein are true and correct to the best of the petitioners’ knowledge, information and belief.
3. There must be attached as an exhibit to the original copy only of each petition filed substantiating evidence in support of the petition. Additional information must be supplied to the Director upon request.
4. Any person may, before the hearing, examine a copy of the petition and accompanying statements, but not the exhibits attached thereto, and file an answer, protest or any other statement concerning the petition.
5. At the hearing, the burden of proof is on the petitioners to show by clear and satisfactory evidence that the amendment or termination of a plan is necessary.
6. After the petitioners have presented their evidence, the staff of the Department shall, and any other person may, present evidence 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)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.568 - Minimum prices; discounts.

1. Each stabilization and marketing plan may contain provisions fixing the price at which fluid milk and fluid cream is sold by producers, distributors and retailers and must contain provisions regulating all discounts allowed by producers, distributors and retailers, except those discounts offered by retailers to elderly consumers.
2. If the Director establishes minimum prices to be paid by distributors to producers, the Director shall consider, but is not limited 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 and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.
3. If the Director establishes minimum prices to be paid by retailers to wholesalers and by consumers to retailers, the Director shall consider, but is not limited to considering, the following factors:
(a) The quantities of fluid milk or fluid cream, or both, distributed in the marketing area covered by the stabilization and marketing plan.
(b) The quantities of fluid milk or fluid cream, or both, normally required by consumers in such marketing area.
(c) The cost of fluid milk and fluid cream to distributors and retail stores, which is the price paid by distributors to producers and the price paid by wholesale customers to distributors, as established pursuant to NRS 584.325 to 584.670, inclusive.
(d) The reasonable cost of handling fluid milk and fluid cream incurred by distributors and retail stores, respectively, including all costs of hauling, processing, selling and delivering by the several methods used in such marketing area in hauling, processing, selling and delivering, as such costs are determined by impartial audits of the books and records, or surveys, 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 reasonably determined by the Director to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in the marketing area.
(Added to NRS by 1959, 899; A 1977, 1641; 1979, 1309; 1983, 258)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.569 - Discount on dairy products sold to elderly consumers.

1. A retailer may sell dairy products at a discount to an elderly consumer. The discount must not be given to any consumer who is less than 62 years of age.
2. The discount must not reduce the price of the dairy product below the minimum retail price, if any, established by the Director.
3. A retailer who offers the discount shall post a sign at the retailer’s retail store indicating the:
(a) Age of the consumers who may receive the discount;
(b) Type of identification needed to obtain the discount, if such identification is required by the retailer; and
(c) Amount of the discount.
(Added to NRS by 1983, 258)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.575 - Report to producer.

Each stabilization and marketing plan may contain provisions whereby distributors shall report to each producer from whom fluid milk is secured, the volume of fluid milk received from such producer in pounds of milk, the milk fat test of the milk, and both the number of pounds of fluid milk and the number of milk fat pounds paid for in the several classes and the prices paid for the various classes for each month.
[55:387:1955]—(NRS A 1979, 1310)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.578 - Cooperation with other authorities; enforcement of plans.

The Director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states or agencies of the United States with respect to plans relating to the stabilization and distribution of fluid milk and fluid cream within this state or as between this state and other states or the United States, and may exercise his or her powers hereunder to effectuate and enforce such plans.
[48:387:1955]—(Substituted in revision for NRS 584.540)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.580 - Purchase of milk from noncomplying producers; limitation on production.

No distributor subject to the provisions of any stabilization and marketing plan shall purchase milk from producers who cannot comply with the provisions of NRS 584.325 to 584.670, inclusive, in such plan. No such plan shall involve a limitation upon the production of fluid milk or fluid cream.
[56:387:1955]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.581 - Certain practices of distributors prohibited whether stabilization and marketing plan in effect or not.

1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2, whether or not a stabilization and marketing plan is in effect in the area in which the distributor carries on his or her business.
2. Each stabilization and marketing plan must contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices set forth in this subsection:
(a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
(b) The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
(c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk, fluid cream or any other dairy products of like quantity under like terms and conditions.
(d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with the producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of milk to be paid for as class 1 in pounds of milk, pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract must also state the date and method of payment for the fluid milk, which must be that payment must be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation if hauled by the distributor, and may contain other provisions which are not in conflict with NRS 584.325 to 584.670, inclusive. The contract must also provide that the producer is not obligated to deliver in any calendar month fluid milk which is to be paid for at the lowest class price for milk usage established by the Director for that area. A signed copy of the contract must be filed by the distributor with the Director within 5 days from the date of its execution.
The provisions of this subsection relating to dates of payment do not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
3. This section does not apply to discounts offered by a retail store to elderly consumers.
[54:387:1955]—(NRS A 1957, 264; 1959, 896; 1975, 1494; 1977, 1642; 1979, 1310; 1983, 259; 2013, 611)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.583 - Sale of milk, cream or fresh dairy products below cost.

1. No distributor or retailer may sell fluid milk, fluid cream or any fresh dairy product below cost.
2. Each distributor shall provide to the Director a statement of costs in accordance with the appropriate stabilization and marketing plan.
3. The provisions of this section do not prohibit a retailer from donating or discounting a dairy product within 48 hours before midnight of the date of expiration printed on the dairy product.
4. As used in this section, "cost" means:
(a) When applied to a distributor, the total consideration paid or exchanged for a raw product, plus the total expense incurred for manufacturing, processing, handling, sale and delivery of the raw product.
(b) When applied to a retailer, the invoice price charged to the retailer for the raw product or the cost of replacement of the raw product, whichever is less, plus the retailer’s cost of doing business.
(Added to NRS by 1959, 900; A 1975, 1495; 1979, 1311; 1983, 1239; 1987, 155; 2007, 2119; 2013, 612)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.584 - Distributor may meet competitive prices in sale of fluid milk, fluid cream or any other dairy products; information to be filed with Director.

The provisions of NRS 584.583 do not authorize the development of conditions of monopoly in production or distribution of fluid milk, fluid cream or any other dairy products, and a distributor or retailer who meets in good faith a lawful competitive price is not subject to any penalty provided in NRS 584.325 to 584.670, inclusive, if the distributor or retailer files with the Director information detailing the circumstances surrounding the lawful competitive price within 5 days after each occurrence. The information must include the name and address of the distributor or retailer and the customer involved, the competitive price, the effective date of the price or condition, and the name and address of the competing distributor or retailer.
(Added to NRS by 1959, 901; A 1977, 1642; 1987, 156; 2013, 613)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.585 - Duty of Director to prescribe unfair trade practices and investigate marketing and pricing practices.

Pursuant to the declaration and statement of facts, policy and purposes set forth in NRS 584.325 to 584.670, inclusive, the Director is hereby vested with the additional administrative duty and authority to prescribe unfair trade practices and investigate marketing and pricing practices within marketing areas for later legislative recommendation.
[57:387:1955]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.590 - Investigation of prices in marketing area: Notice; hearing; record.

1. In investigating prices in any marketing area, the Director may first make an investigation in the marketing area to establish facts necessary to permit the Director to carry out the intent of NRS 584.585 and this section within the standards prescribed in this section. In making the investigation, the Director may, upon notice, examine the books and records of distributors and the purchase of dairy products by retail stores in the marketing area and may hold one or more public hearings, take testimony and may subpoena witnesses. Any public hearing must be held in the marketing area. All testimony received at public hearings must be under oath.
2. Notice of any hearing held by the Director pursuant to NRS 584.585 and this section must be given by the Director to every distributor and retail store in the marketing area whose name appears upon the records of the Director or who files a request for the same with the Director, by mail or by publication. The notice of hearing may be effected by mail, or by publication for 5 successive 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 held before 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 area designated, publication of notice for 2 successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice.
3. A record of any hearings held by the Director pursuant to NRS 584.585 and this section must be made and filed in the office of the Director and must be kept available at all times for inspection by any interested person.
[58:387:1955]—(NRS A 1977, 642; 1979, 1312)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.595 - License required to distribute dairy products; procedure for application; renewal; amendment; notification of Director required if certain civil or criminal actions are brought against licensee or member of senior management of licensee.

1. No distributor may deal in fluid milk, fluid cream or any other dairy product without first having obtained a license from the Director.
2. The license required by this section is in addition to any license otherwise required by law.
3. Application for a license must be made on forms prescribed by the Director, accompanied by a fee of $25 and must state the name and address of the applicant and such details as to the nature of the applicant’s business as the Director may require. The applicant must satisfy the Director:
(a) Of the applicant’s good faith, character and responsibility in seeking to carry on the business stated in the application. The applicant shall furnish the Director with information regarding all civil or criminal actions brought by any governmental agency against the applicant, or any member of the senior management of the applicant, within the most recent 10 years, where the character or reputation for honesty, competence or integrity of the applicant or any member of the senior management of the applicant was brought into question, regardless of whether the action resulted in a reprimand, fine, penalty or conviction.
(b) That the applicant has complied with the provisions of this chapter and the regulations adopted by the Director.
4. Licenses must be issued for a 12-month period from the first day of each year or for the remainder of the calendar year from the date of issuance. A license issued pursuant to this section is not transferable.
5. Application for renewal of a license for the following year by a licensee, accompanied by the fee of $25, must be submitted to the Director before the expiration date of the license held, and if not so made, the applicant shall pay an additional sum equal to the application fee before the license may be issued.
6. Application for an amendment to an existing license must be accompanied by a fee of $25 and made upon forms prescribed by the Director.
7. If a civil or criminal action is brought by any governmental agency against a licensee, or any member of the senior management of the licensee, where the character or reputation for honesty, competence or integrity of the licensee or any member of the senior management of the licensee is brought into question, the licensee shall immediately notify the Director and provide the Director with information regarding that action.
[59:387:1955]—(NRS A 1959, 897; 1979, 1312; 1985, 1577; 2003, 367)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.600 - Bond: Amount; form and conditions; proceedings for enforcement.

1. Every distributor, before purchasing any fluid milk or fluid cream directly from a producer, must execute and deliver to the Director a surety bond in an amount specified by the Director by regulation and executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety.
2. The bond must be upon a form approved by the Director and must be conditioned upon the payment in the manner required by NRS 584.325 to 584.670, inclusive, of all amounts due to producers for fluid milk and fluid cream directly purchased by such licensee or applicant during the license year. The bond must be to the State in favor of every producer of fluid milk and fluid cream who sells directly to a distributor.
3. In case of failure by a distributor to pay any producer for fluid milk or fluid cream directly purchased by the distributor in the manner required by NRS 584.325 to 584.670, inclusive, the Director shall proceed forthwith to ascertain the names and addresses of all producer-creditors of the distributor who sell directly to the distributor, together with the amounts due and owing to them and each of them by the distributor, and shall request all such producer-creditors to file a verified statement of their respective claims with the Director. Thereupon, the Director shall bring an action on the bond on behalf of the producer-creditors who sell directly to the distributor.
4. Upon any action being commenced upon the bond, the Director may require the filing of a new bond and immediately upon a recovery in any action upon such bond, such distributor shall file a new bond, and upon failure to file the same within 10 days in either case, such failure constitutes grounds for the revocation or suspension of the license of such distributor.
5. In the event that recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered must be divided pro rata among the producer-creditors.
[60:387:1955]—(NRS A 2013, 613)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.610 - Additional bond required if increase in purchases.

In the event that any distributor so increases the distributor’s purchases of fluid milk during the license year that such purchases exceed the amount for which the distributor is bonded, the distributor shall within a reasonable time post an additional bond or bonds as may be required to comply with the provisions of NRS 584.595 to 584.645, inclusive.
[62:387:1955]
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.615 - Applicability of provisions requiring licenses and bonds.

1. The licenses and bonds provided for in NRS 584.595 to 584.645, inclusive, are required for each distributor, and for the purposes of NRS 584.595 to 584.645, inclusive, each subsidiary milk processing plant or branch milk processing plant, whether under one ownership or not, is an individual distributor.
2. No bond is required of a cooperative association of producers.
[63:387:1955]—(NRS A 2013, 614)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.625 - Failure to execute and deliver bond or post additional bond.

Failure of any distributor who purchases fluid milk or fluid cream directly from producers to execute and deliver the bond as herein provided and required constitutes a violation of NRS 584.325 to 584.670, inclusive. Failure of any such distributor to post such additional bond or bonds as may be required to comply with the provisions of NRS 584.325 to 584.670, inclusive, likewise constitutes a violation of NRS 584.325 to 584.670, inclusive.
[65:387:1955]—(NRS A 2013, 614)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.640 - Distributor purchasing from producer-distributor: When bond not required; notice to Director; record of purchases; reports.

1. No bond is required of any distributor who purchases fluid milk, fluid cream or any fresh dairy product from a distributor who processes fluid milk, fluid cream or any fresh dairy product, if:
(a) The buyer at the time of obtaining possession or control of each delivery pays for the delivered product in full in lawful money; and
(b) The fluid milk, fluid cream or fresh dairy product is 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 Director of the intention to make the purchases, stating from whom and the anticipated average daily quantity of the purchases. The distributor shall also:
(a) Keep a record of the purchases, showing the date and the amount of each purchase and the name of the seller; and
(b) Make such other and further reports to the Director as the Director may from time to time require.
[68:387:1955]—(NRS A 1987, 157)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.643 - Emergency cases: Shortening time for hearing; service of notice; place of hearing.

1. Whenever the Director is satisfied, either by investigation or after hearing, that a distributor is unable to pay for fluid milk or fluid cream purchased from producers and is further satisfied that to permit the distributor to continue to purchase and receive fluid milk or fluid cream from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, then the Director within his or her discretion may thereupon and forthwith shorten the time for hearing and thereupon may issue an order to show cause why the license of the distributor should not be forthwith suspended or revoked; but the time of notice of the hearing shall in no event be less than 5 days.
2. At such hearing the distributor proceeded against shall be ordered to show cause why the distributor’s license should not be suspended or revoked or continued under such conditions and provisions, if any, as the Director may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the distributor has been and is receiving fluid milk or fluid cream.
3. Following such hearing, the decision of the Director shall become effective at his or her discretion.
4. The hearing, in the case of such emergency, may be called upon written notice, the notice to be served personally or by mail on the distributor involved, and may be held at the nearest office of the Director or at such place as may be most convenient in the discretion of the Director for the attendance of all parties involved.
[76:387:1955]—(Substituted in revision for NRS 584.680)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.647 - Assessments on fluid milk and fluid cream.

The Director shall assess each distributor of fluid milk or fluid cream a sum not exceeding one-quarter cent per pound on all fluid milk or fluid cream distributed by the distributor.
[66:387:1955]—(NRS A 1959, 898; 1979, 1313; 1985, 1578; 2001, 2436)—(Substituted in revision for NRS 584.630)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.648 - Assessments on butter and dairy products.

1. The Director shall assess each distributor of butter a sum not exceeding 2 cents per pound on all butter distributed by the distributor.
2. The Director shall assess all distributors of 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 per pound 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; 2013, 614)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.649 - Director may lower rate of assessment; date on which assessment is due; penalty for delinquent payment.

1. The Director may lower the rate of any assessment required to be paid under NRS 584.647 or 584.648, whenever the Director finds that the cost of administering the provisions of this chapter can be defrayed from revenues derived from the lower rates.
2. A distributor shall pay the amount of the assessment to the Director on or before the 20th of the month following the month during which the fluid milk, fluid cream, butter or dairy product was distributed. If no sales or purchases were made during the month, the distributor must file a report indicating that fact. If the payment is sent by mail, it is subject to the provisions of NRS 238.100.
3. If payments of assessments are not made as provided in subsection 2, the Director shall charge, as a penalty for the late payment, the amount of $10 or 10 percent of the total amount due but remaining unpaid, whichever is greater.
[67:387:1955]—(NRS A 1959, 898; 1979, 1314; 1985, 1579; 1987, 157; 2001, 2437; 2003, 368; 2013, 614)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.650 - Records of distributors and cooperative organizations of producers.

Every distributor who purchases fluid milk or fluid cream from a producer and every producer cooperative organization which handles milk for its members or other producers shall make and keep for 3 years a correct record showing in detail the following information for each producer with reference 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 was received.
3. The amount of fluid milk or fluid cream received.
4. The official butterfat test of the fluid milk or fluid cream.
5. The usage of the fluid milk or fluid cream.
6. Evidence of payment for the fluid milk or fluid cream purchased or handled.
[70:387:1955]—(NRS A 1975, 1496; 1979, 1314)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.655 - Confidentiality of records and reports.

Any record or report made to the Director pursuant to the provisions of NRS 584.650 shall be confidential and shall not be divulged except as otherwise provided in NRS 239.0115 and except when necessary for the proper determination of any court proceedings or hearing before the Director.
[71:387:1955]—(NRS A 2007, 2120)
2023 Nevada Revised Statutes › Chapter 584 - Dairy Products › NRS 584.670 - Criminal and 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 stabilization and marketing plan, including any price requirements of such a plan, or of any of 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 set forth in NRS 584.325 to 584.670, inclusive.
2. Every distributor shall pay for fluid milk or fluid cream delivered to the distributor at the time and in the manner specified in the contract with the producer. Failure to make such a payment is ground for refusal, 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 Director may impose a penalty of not more than $1,000 for each violation, to be recovered by the Director in a civil action in a court of competent jurisdiction. All sums recovered under this subsection must be deposited with the State Treasurer for credit to the State General Fund.
[74:387:1955]—(NRS A 1959, 899; 1977, 1643; 1979, 1314; 1981, 681; 2001, 2438; 2017, 149)
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.020 - Definitions.

For the purpose of this chapter, the words and terms defined in NRS 585.030 to 585.150, inclusive, have the meanings ascribed to them in those sections.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1985, 530)
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.030 - "Advertisement" defined.

"Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.050 - "Contaminated with filth" defined.

"Contaminated with filth" applies to any food, drug, device or cosmetic not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.060 - "Cosmetic" defined.

1. "Cosmetic" means:
(a) Articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, including wigs, hairpieces and postiches; and
(b) Articles intended for use as a component of any such articles.
2. "Cosmetic" shall not include soap.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1969, 877)
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.070 - "Device" defined.

Except when used in NRS 585.170, "device" means instruments, apparatus and contrivances, including their components, parts and accessories, intended:
1. For use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; or
2. To affect the structure or any function of the bodies of humans or other animals.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.080 - "Drug" defined.

1. "Drug" means:
(a) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;
(b) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals;
(c) Articles, other than food, intended to affect the structure or any function of the bodies of humans or other animals; and
(d) Articles intended for use as a component of any article specified in paragraph (a), (b) or (c).
2. "Drug" does not include devices or their components, parts or accessories.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.090 - "Federal Act" defined.

"Federal Act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as that act exists on June 30, 1983.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1983, 189)
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.100 - "Food" defined.

"Food" means:
1. Articles used for food or drink for humans or other animals;
2. Chewing gum; and
3. Articles used for components of any such article.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.120 - "Label" defined.

"Label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement or other information also appears on the outside container or wrapper, if there is any, of the retail package of such article, or is easily legible through the outside container or wrapper.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.130 - "Labeling" defined.

"Labeling" means all labels and other written, printed or graphic matter:
1. Upon an article or any of its containers or wrappers; or
2. Accompanying such article.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.140 - "New drug" defined.

"New drug" means any drug the composition of which is such that the drug:
1. Is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or
2. As a result of investigations to determine its safety and effectiveness for use under those conditions, has become so recognized, but which has not, other than in the investigations, been used to a material extent or for a material time under those conditions.
[Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1983, 189)
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.150 - "Official compendium" defined.

"Official compendium" means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary or any supplement to any of them.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.170 - Factors to be considered in determining whether label or advertisement is misleading.

If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
[Part 2:177:1939; 1931 NCL § 6206.01]
2023 Nevada Revised Statutes › Chapter 585 - Food, Drugs and Cosmetics: Adulteration; Labels; Brands › NRS 585.180 - Construction of representation that drug is antiseptic.

The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.
[Part 2:177:1939; 1931 NCL § 6206.01]