reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7118 - Sale of children’s products subject to recall or warning prohibited; duties of retailer.

1. A retailer shall not advertise, sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this State if the children’s product is:
(a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency; or
(b) The subject of a warning issued by the manufacturer of the children’s product or the United States Consumer Product Safety Commission or its successor agency indicating that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard in strict compliance with any standards and instructions that are provided in or related to the warning.
2. A retailer shall:
(a) Subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission or its successor agency and manufacturers from whom the retailer receives children’s products;
(b) Dispose of any children’s product identified in a recall notice or a warning issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product in strict compliance with disposal instructions included with or related to the recall notice or the warning; and
(c) Comply strictly with instructions issued with or related to a recall notice or a warning issued by the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product for the return, repair, retrofitting, labeling or remediation of any children’s product.
(Added to NRS by 2009, 2441)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7121 - Definitions.

As used in NRS 597.712 to 597.7128, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7122, 597.7123 and 597.7124 have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 2442)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7122 - "Commercial user" defined.

"Commercial user" means any person, firm, corporation, association or nonprofit corporation, or any agent or employee thereof, including, without limitation, a child care facility licensed and in good standing pursuant to chapter 432A of NRS, who:
1. Deals in cribs of the kind governed by NRS 597.712 to 597.7128, inclusive;
2. By virtue of the person’s occupation, purports to have knowledge or skill peculiar to cribs of the kind governed by NRS 597.712 to 597.7128, inclusive; or
3. Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce.
(Added to NRS by 2009, 2442)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7123 - "Crib" defined.

"Crib" means:
1. Any full-size baby crib as described in 16 C.F.R. § 1508.3; or
2. Any non-full-size baby crib as that term is defined in 16 C.F.R. § 1509.2(b).
(Added to NRS by 2009, 2442)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7125 - Sale of unsafe crib prohibited; standards for crib safety.

1. A person, including, without limitation, a commercial user, shall not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for use by an infant.
2. A crib is presumed to be unsafe if it does not conform to the standards set forth in:
(a) 16 C.F.R. Part 1303;
(b) 16 C.F.R. Part 1508;
(c) 16 C.F.R. Part 1509; and
(d) The American Society for Testing and Materials voluntary standards F966-90, F1169.88 and F406.
3. Cribs that are presumed to be unsafe pursuant to subsection 2 also include, without limitation, cribs with one or more of the following features or characteristics:
(a) Corner posts that extend more than 1/16 of an inch;
(b) Spaces between side slats more than 2 3/8 inches;
(c) Mattress supports that can be easily dislodged from any point of the crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(1) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least 9 inches; or
(2) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;
(f) Any screw, bolt or hardware that is loose or not secured;
(g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks; or
(h) Tears in mesh or fabric sides.
4. For the purposes of paragraph (c) of subsection 3, a mattress support is deemed to be easily dislodged if it cannot withstand a 25-pound upward force from beneath the crib.
(Added to NRS by 2009, 2442)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7126 - Penalty.

1. A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in NRS 597.7125 commits an offense punishable by a fine not to exceed $1,000.
2. A person other than a commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in NRS 597.7125 commits an offense punishable by a fine not to exceed $200.
(Added to NRS by 2009, 2443)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7127 - Exception for antique or vintage crib.

1. The provisions of NRS 597.712 to 597.7126, inclusive, do not apply to any antique or vintage crib if the antique or vintage crib is:
(a) Not intended for use by an infant; and
(b) At the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce, is accompanied with a written notice provided by the commercial user stating that the crib is not intended for use by an infant and that the crib is dangerous for use by an infant.
2. A commercial user who complies with the notice requirement in subsection 1 shall not be held liable for any death or injury as a result of the use of an antique or vintage crib in a manner inconsistent with the warning provided in the written notice.
3. As used in this section, "antique or vintage crib" means a crib that is:
(a) Fifty years or older, as measured from the current year;
(b) Maintained as a collector’s item; and
(c) Not intended for use by an infant.
(Added to NRS by 2009, 2443)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7128 - Civil remedies.

In addition to any other remedy provided by law, any person may maintain an action against a commercial user who violates the provisions of NRS 597.7125, seek to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant and seek reasonable attorney’s fees and costs.
(Added to NRS by 2009, 2443)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7131 - Definitions.

As used in NRS 597.7131 to 597.7141, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7132 to 597.7138, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 481)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7134 - "Children’s product" defined.

1. "Children’s product" means a product primarily designed or intended by a manufacturer to be used by or for a child, including, without limitation, any article used as a component of such a product.
2. The term does not include:
(a) Any food, beverage, dietary supplement, pharmaceutical product or biologic;
(b) A children’s toy that meets the requirements of the most recent version of the ASTM International Standard F963, "Standard Consumer Safety Specification for Toy Safety";
(c) A device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321(h);
(d) Consumer electronics products and electronic components, including, without limitation, personal computers, audio and video equipment, calculators, digital displays, wireless phones, cameras, game consoles, printers, handheld electronic and electrical devices used to access interactive software or associated peripherals or products that comply with the provisions of Directive 2002/95/EC of the European Union, adopted by the European Parliament and Council of the European Union;
(e) Outdoor sports equipment, including, without limitation, snowmobiles, all-terrain vehicles, personal watercraft, watercraft and off-highway vehicles, and all attachments and repair parts of such equipment; or
(f) A tent or sleeping bag.
(Added to NRS by 2021, 481)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7136 - "Organohalogenated chemical" defined.

"Organohalogenated chemical" means any chemical that contains one or more carbon elements and one or more halogen elements, including, without limitation, fluorine, chlorine, bromine or iodine.
(Added to NRS by 2021, 482)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7139 - Manufacture, sale, offer for sale or distribution of certain products containing flame-retardant organohalogenated chemicals prohibited; exceptions.

1. Except as otherwise provided in subsection 3, a manufacturer or wholesaler shall not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this State a children’s product, upholstered residential furniture, a residential textile, a business textile or a mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.
2. Except as otherwise provided in subsection 3, a retailer shall not sell or offer for sale or use in this State a children’s product, upholstered residential furniture, a residential textile, a business textile or a mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.
3. The provisions of this section do not apply to:
(a) The extent preempted by federal law;
(b) Any flame-retardant organohalogenated chemical that:
(1) Is a polymeric substance in accordance with the criteria set forth in 40 C.F.R. § 723.250, or is chemically reacted to form a polymer with the materials it is intended to protect; or
(2) Has a determination of safety pursuant to 15 U.S.C. § 2604(a)(3)(C) or 15 U.S.C. § 2605(b)(4);
(c) The sale or offer for sale of any previously owned product containing a flame-retardant organohalogenated chemical;
(d) An electronic component of a children’s product, a mattress, upholstered residential furniture or a residential textile or any associated casing;
(e) A children’s product, a mattress, upholstered residential furniture or a residential textile for which there is a federal or national flammability standard;
(f) Thread or fiber for stitching mattress components together; or
(g) Components of an adult mattress other than foam.
(Added to NRS by 2021, 482)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.714 - Manufacturer prohibited from replacing flame-retardant organohalogenated chemical with certain other chemicals.

A manufacturer shall not replace a flame-retardant organohalogenated chemical, the use of which is prohibited pursuant to NRS 597.7139, with a chemical that has been identified by a state or federal agency on the basis of credible scientific evidence as being known or suspected to have a high degree of probability to:
1. Harm the normal development of a fetus or child or cause other developmental toxicity;
2. Cause cancer, genetic damage or reproductive harm;
3. Disrupt the endocrine system; or
4. Damage the nervous system, immune system or organs or cause other systemic toxicity.
(Added to NRS by 2021, 483)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.717 - Legislative findings and declarations.

The Legislature hereby finds and declares that:
1. Electric utilities in this State are responsible for delivering safe, reliable energy through large transmission and distribution networks. Equipment failure or damage from weather, animals and human activity can cause power outages.
2. Electric utilities report that foil balloons are among the top causes of outages. Foil balloons are coated with a shiny metallic film that conducts electricity. If a foil balloon contacts power lines, this can create an electrical fault that can damage power lines, cause blackouts and start fires.
3. Because of the risk of power outages and fires caused by foil balloons coming into contact with power lines, other states and jurisdictions have considered bans on foil balloons.
4. Modern technology has advanced to allow for the manufacturing of foil balloons that resist conducting electricity. The Institute of Electrical and Electronics Engineers is developing standards for such balloons.
5. Requiring foil balloons to be tested and to meet performance standards concerning their dielectric performance will minimize the risks of power outages and fires.
(Added to NRS by 2023, 2967)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7171 - Definitions.

As used in NRS 597.717 to 597.7179, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7172 to 597.7175, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7172 - "Commencement date" defined.

"Commencement date" means the date on which the regulation adopted by the Commission establishing the P2845 Standard pursuant to NRS 597.7178 becomes effective, or on June 20, 2027, whichever is later.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7174 - "Foil balloon" defined.

1. "Foil balloon" means a balloon that is constructed of electrically conductive material.
2. The term does not include a hot air balloon or a balloon used in a governmental or scientific research project.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7175 - "P2845 Standard" defined.

"P2845 Standard" means the "Standard for Testing and Evaluating the Dielectric Performance of Celebratory Balloons in Contact with Overhead Power Distribution Lines Rated up to 38 kV System Voltage," IEEE P2845, of the Institute of Electrical and Electronics Engineers.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7176 - Required mark; prohibited acts by seller or distributor.

1. A person who manufactures a foil balloon in this State shall include on the foil balloon a suitable, permanent mark that:
(a) Identifies the manufacturer of the foil balloon.
(b) If the foil balloon meets the requirements of NRS 597.7177, indicates that the foil balloon meets those requirements. If the Commission has adopted the P2845 Standard pursuant to NRS 597.7178, any marking specified in the P2845 Standard shall be deemed to be a suitable mark for the purposes of this subsection.
2. A person shall not sell, offer for sale or distribute a foil balloon that is filled with a gas that is lighter than air in this State after the commencement date unless:
(a) An object of sufficient weight is affixed to the foil balloon or its appurtenance to counter the lift capability of the foil balloon; and
(b) No electrically conductive string, tether or streamer or any other electrically conductive object is attached to the foil balloon.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7177 - Sale or manufacture of foil balloon prohibited unless balloon tested and meets performance standards; tolling.

1. Except as otherwise provided in this section, a person shall not sell, offer to sell or manufacture a foil balloon in this State after the commencement date unless the foil balloon meets the requirements set forth in this section.
2. Except as otherwise provided in this section, any foil balloon sold, offered for sale or manufactured in this State after the commencement date must be tested in accordance with, and meet the performance standards set forth in, a standard for the testing and evaluation of the dielectric performance of foil balloons adopted by the Commission pursuant to NRS 597.7178.
3. Except as otherwise provided in subsections 4 and 5, a person who sells, offers for sale or manufactures foil balloons in this State after the commencement date shall ensure that:
(a) Not less than 25 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2027.
(b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2028.
(c) Not less than 80 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2029.
(d) One hundred percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2030.
4. A period described in subsection 3 must be tolled during any period in which a serious development, manufacturing, production or supply chain issue or event in the nature of force majeure occurs if the issue or event:
(a) Makes it infeasible to develop, manufacture, produce or sell foil balloons in compliance with the requirements of this section; and
(b) Is outside of the control of the person who sells, offers to sell or manufactures a foil balloon in this State.
5. If a period of tolling is required pursuant to subsection 4, the period must be:
(a) Twenty-four months; or
(b) Until the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved,
whichever occurs later.
6. As used in this section, "infeasible" means incapable of being accomplished in a successful manner within a reasonable time, taking into account economic, environmental, legal, social and technological factors.
(Added to NRS by 2023, 2968)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7178 - Adoption of standards for testing and evaluating dielectric performance.

1. The Commission shall adopt, by regulation, a standard for testing and evaluating the dielectric performance of foil balloons. If the P2845 Standard is final and approved, the Commission shall adopt the P2845 Standard as the standard required by this section.
2. For the purposes of subsection 1, the P2845 Standard shall be deemed to be final and approved if the Institute for Electrical and Electronics Engineers has:
(a) Published an interim version of the P2845 Standard;
(b) Completed a trial of the interim version of the P2845 Standard; and
(c) After any materially substantive adjustments, if any, to the interim version, published a final version of the P2845 Standard.
(Added to NRS by 2023, 2969)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7179 - Civil penalty for violation; action for recovery of penalty; deposit of penalty collected; considerations in determining whether to impose penalty; injunction.

1. A person who sells, offers for sale or manufactures a foil balloon in violation of NRS 597.717 to 597.7179, inclusive, is subject to a civil penalty not to exceed $50 for each such foil balloon sold, offered for sale or manufactured, except that the penalty against the person must not exceed $2,500 for each day on which a violation occurs.
2. A civil penalty imposed pursuant to subsection 1 must be recovered in a civil action brought by the Attorney General or by the district attorney or city attorney for the jurisdiction in which the violation occurred.
3. Any civil penalty collected pursuant to this section by:
(a) The Attorney General must be paid to the State Treasurer for credit to the State General Fund.
(b) A district attorney or city attorney must be deposited in the county or city treasury, as applicable.
4. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider:
(a) The nature, extent and severity of the violation;
(b) If multiple violations occurred, the number of violations;
(c) The economic effect of the civil penalty on the person;
(d) The annual revenue of the person in both sales of foil balloons and total sales;
(e) Whether the person took good faith measures to comply with the requirements of NRS 597.717 to 597.7179, inclusive, and when such measures were taken;
(f) The deterrent effect that the imposition of the penalty would have on both the person and the regulated community as a whole;
(g) The willfulness of the person responsible for the violation; and
(h) Any other factors that justice may require.
5. The Attorney General or the district attorney or city attorney of a county or city, as applicable, in which a person sells, offers for sale or manufactures a foil balloon in violation of NRS 597.717 to 597.7179, inclusive, may bring an action to enjoin the violation.
(Added to NRS by 2023, 2969)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.720 - Definitions.

As used in NRS 597.720 to 597.760, inclusive, unless the context otherwise requires:
1. "Artist" means a person who creates a work of art.
2. "Reproduction" means a copy, in any medium, of a work of art, that is represented as the work of art as created by the artist.
3. "Work of art" means any original creation of visual or graphic art in any medium including painting, drawing, photographic print or sculpture of a limited edition of not more than 300 copies. The term does not include:
(a) Sequential imagery such as that in motion pictures.
(b) Work prepared under contract for commercial use by the purchaser.
(c) Work prepared by the employee of a publisher during the course of his or her employment.
(d) Work submitted for publication at no charge.
(Added to NRS by 1989, 192)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.730 - Right to claim or disclaim authorship.

An artist may:
1. Claim authorship of his or her work of art. The right to claim authorship includes the right of the artist to have his or her name appear on or with his or her work of art.
2. Disclaim authorship of his or her work of art if necessary to protect his or her reputation from damage. It is presumed necessary for an artist to protect his or her reputation from damage if his or her work of art is displayed, published or reproduced in this state, without his or her consent, in a defaced, mutilated or altered form and damage to his or her reputation is reasonably foreseeable.
(Added to NRS by 1989, 193)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.740 - Restrictions on publication and public display; civil remedy; defacement, mutilation or alteration of work.

1. Except as otherwise provided in subsection 3, if damage to the reputation of an artist is reasonably foreseeable, a person shall not, without the consent of that artist, publish or display in public, in this state, the artist’s work of art or a reproduction of the artist’s work of art, in a defaced, mutilated or altered form and represent it as the work of the artist.
2. An artist who is injured by a violation of subsection 1 may bring an action for damages, together with reasonable attorney’s fees and the costs of the action as are authorized under NRS 18.110.
3. Defacement, mutilation or alteration of a work of art which is caused by the passage of time or the inherent nature of the materials used in the creation of the work of art does not give an artist the right to disclaim authorship pursuant to NRS 597.730 or a cause of action under subsection 2, unless the defacement, mutilation or alteration of the work of art is the result of negligent conservation. For the purposes of this subsection, "conservation" means those acts taken to preserve and protect a work of art or to slow its deterioration.
4. A change in a work of art that is an ordinary result of a medium of reproduction does not constitute defacement, mutilation or alteration.
(Added to NRS by 1989, 193)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.760 - Transfer of ownership or right of reproduction.

1. When ownership of a work of art is transferred from the artist who created it or his or her heirs, the right of reproduction remains with the artist or his or her heirs until it passes into the public domain by act or operation of law or is expressly transferred in writing.
2. When an exclusive or nonexclusive right of reproduction is transferred by the owner of such right, it must be presumed that ownership of the physical work of art remains with the owner of the work of art unless it is expressly transferred in writing with the right of reproduction.
3. For the purposes of this section "right of reproduction" means the right to reproduce, display and distribute copies of a work of art. The term includes the right to prepare variations of the original work of art.
(Added to NRS by 1989, 193)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.761 - Definitions.

As used in NRS 597.761 to 597.7622, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7612 to 597.7616, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 2250)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7612 - "Operator" defined.

"Operator" means a person who is designated by the owner of a tanning establishment or by the lessee of the tanning equipment of the tanning establishment to operate or to assist and instruct in the operation and use of the tanning establishment or tanning equipment.
(Added to NRS by 2013, 2251)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7618 - Owner or operator: Duty to post notice in tanning establishment.

An owner or operator shall post in a conspicuous place in the tanning establishment a notice that states substantially the following:
1. It is unlawful for the owner or operator of a tanning establishment to allow a person who is less than 18 years of age to use any tanning equipment.
2. An owner or operator of a tanning establishment who violates any provision of NRS 597.761 to 597.7622, inclusive, may be subject to civil action.
3. Any person may report a violation of NRS 597.761 to 597.7622, inclusive, to any law enforcement agency.
4. Health risks associated with tanning include, without limitation, skin cancer, premature aging of the skin and burns to the skin.
(Added to NRS by 2013, 2251)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7619 - Owner or operator: Duty to post warning sign in tanning establishment; civil penalty for violation.

1. An owner or operator shall post in a conspicuous place in each area where tanning equipment is used a warning sign that states substantially the following:
(a) Follow instructions.
(b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of tanning equipment can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.
(c) Wear protective eyewear. Failure to do so may result in severe burns or long-term injury to the eyes.
(d) Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using tanning equipment if you are using medications, have a history of skin problems or believe that you are especially sensitive to sunlight.
(e) If your skin does not tan when exposed to the sun, it is unlikely that your skin will tan when exposed to this tanning equipment.
2. An owner or operator who fails to post a warning sign in accordance with subsection 1 shall:
(a) For the first violation, pay a civil penalty of $250.
(b) For the second violation, pay a civil penalty of $500.
(c) For the third or subsequent violation, pay a civil penalty of $1,000.
(Added to NRS by 2013, 2251)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.762 - Owner or operator: Additional duties.

An owner or operator shall ensure that:
1. A person who is qualified to operate the tanning equipment and who is able to inform users about, and assist such users in, the proper use of tanning equipment is present at the tanning establishment during operating hours.
2. Tanning equipment is properly sanitized after each use.
3. Each user, before he or she begins to use tanning equipment, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer’s eyes from ultraviolet radiation and allows enough vision to maintain balance.
4. Users wear the protective eyewear described in subsection 3 when using tanning equipment.
5. Each user is shown how to maintain the proper exposure distance from the tanning equipment as recommended by the manufacturer.
6. A timing device which is accurate within 10 percent of any selected time interval is used and is remotely located so a user cannot set his or her own exposure time when using tanning equipment.
7. Tanning equipment is equipped with a mechanism that allows the user to turn off the tanning equipment.
8. Each user is limited to the maximum exposure time recommended by the manufacturer for his or her skin type.
9. A user is not allowed to use the tanning equipment more than once in any 24-hour period.
10. The interior temperature of the tanning equipment does not exceed 100 degrees Fahrenheit.
11. Acknowledgments signed by each user indicating that he or she understands the notices and warnings prescribed by NRS 597.7618 and 597.7619, and that he or she agrees to use protective eyewear, are retained for at least 1 year or until the user signs a new acknowledgment.
(Added to NRS by 2013, 2252)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7621 - Action by parent or guardian of minor against owner or operator for certain violations.

1. A parent or guardian of a person who is less than 18 years of age may bring an action against an owner or operator if the owner or operator violates NRS 597.7617.
2. In any action brought pursuant to this section, if a parent or guardian of a person who is less than 18 years of age establishes that the owner or operator violated NRS 597.7617, a court shall award the parent or guardian, in addition to costs and reasonable attorney’s fees:
(a) For the first occurrence, $500.
(b) For the second occurrence, $1,000.
(c) For the third or subsequent occurrence, $1,500.
3. Each instance in which an owner or operator allows a person who is less than 18 years of age to use the tanning equipment of the tanning establishment in violation of NRS 597.7617 constitutes a separate occurrence.
(Added to NRS by 2013, 2252)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7622 - Exceptions.

The provisions of NRS 597.761 to 597.7622, inclusive, do not apply to any physician licensed to practice medicine in this State who uses, or prescribes the use of, a phototherapy device, or to any person who is prescribed the use of a phototherapy device by a physician licensed to practice medicine in this State.
(Added to NRS by 2013, 2252)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7625 - Definitions.

As used in NRS 597.7625 to 597.7642, inclusive, unless the context otherwise requires, the words and terms defined in NRS 597.7626 to 597.7634, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2021, 1697)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7626 - "Commission" defined.

1. "Commission" means any fee or other payment of money that is charged by a food delivery service platform provider to a food dispensing establishment for the use of the services of the food delivery service platform provider in effectuating online food orders.
2. The term includes, without limitation, any annual fee charged to a food dispensing establishment for the use of the services described in subsection 1.
3. The term does include any fee that is charged by a food delivery service platform provider for services provided as a general or indirect cost of doing business, including, without limitation, fees for the processing of credit cards or for advertising in a restaurant directory.
(Added to NRS by 2021, 1697)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7627 - "Food delivery service platform" defined.

1. "Food delivery service platform" means an Internet website, online service or mobile application which allows users to purchase food from multiple food dispensing establishments and arrange for the same-day delivery or same-day pickup of such food.
2. The term does not include an Internet website, online service or mobile application which does not:
(a) Post the menu of, the amounts charged by or the likeness, registered trademark or intellectual property of a food dispensing establishment; and
(b) Charge a commission or other payment of money to a food dispensing establishment in effectuating online food orders.
(Added to NRS by 2021, 1697)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7629 - "Food dispensing establishment" defined.

1. "Food dispensing establishment" means a food establishment that prepares and serves food intended for immediate consumption. The term includes, without limitation, a restaurant. The term does not include a convenience store or a grocery store.
2. As used in this section:
(a) "Convenience store" has the meaning ascribed to it in NRS 597.225.
(b) "Food establishment" has the meaning ascribed to it in NRS 446.020.
(c) "Grocery store" has the meaning ascribed to it in NRS 597.225.
(Added to NRS by 2021, 1698)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7632 - "Online food order" defined.

"Online food order" means a transaction in which a user, through a food delivery service platform, purchases food from a food dispensing establishment and arranges for the same-day delivery or same-day pickup of such food.
(Added to NRS by 2021, 1698)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7635 - Facilitation of online food order without written agreement with food dispensing establishment prohibited.

A food delivery service platform provider shall not facilitate an online food order involving a food dispensing establishment, including, without limitation, arranging for the same-day delivery or same-day pickup of food prepared by a food dispensing establishment, unless the food delivery service platform provider has entered into a written agreement with the food dispensing establishment that expressly authorizes the food delivery service platform provider to engage in such activities.
(Added to NRS by 2021, 1698)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7636 - Request of food dispensing establishment for removal from food delivery service platform; duty of food delivery service platform provider that receives request; civil penalties.

1. A food dispensing establishment may, at any time, submit a written request to a food delivery service platform provider directing the provider to remove the food dispensing establishment from the food delivery service platform. If the food delivery service platform provider has appointed a registered agent located in this State, the request must be submitted to the registered agent.
2. A food delivery service platform provider that receives a request submitted pursuant to subsection 1 shall confirm receipt of the request and remove the food dispensing establishment from the food delivery service platform within 48 hours after receipt of the request.
3. A food delivery service platform provider who violates the provisions of subsection 2 is subject to a civil penalty of $500 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation.
(Added to NRS by 2021, 1698)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7637 - Use of likeness, registered trademark or intellectual property of food dispensing establishment without written consent prohibited; civil penalties.

1. A food delivery service platform provider shall not use the likeness, registered trademark or intellectual property of a food dispensing establishment unless the food delivery service platform provider first obtains the written consent of the food dispensing establishment.
2. A food delivery service platform provider who violates the provisions of subsection 1 is subject to a civil penalty of $500 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation.
(Added to NRS by 2021, 1699)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7638 - Action for damages for unlawful use of likeness, registered trademark or intellectual property of food dispensing establishment.

1. A food dispensing establishment whose likeness, registered trademark or intellectual property was used by a food delivery service platform provider in violation of NRS 597.7637 may bring an action against the food delivery service platform provider in any court of competent jurisdiction and may recover the sum of $5,000 or the amount of actual damages sustained, whichever is greater.
2. If the food dispensing establishment prevails in the action, the court may award such punitive damages and equitable relief as the court determines to be proper.
(Added to NRS by 2021, 1699)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7639 - Duty of food delivery service platform provider to disclose to user certain information associated with online food order; manner of disclosure.

1. Before an online food order is consummated with a user, the food delivery service platform provider must disclose to the user the following information in plain language and in a conspicuous manner:
(a) The total online food order price;
(b) Each portion of the total online food order price that is attributable to:
(1) The food purchase price;
(2) Any sales tax or other tax;
(3) Any delivery fee or service fee charged to the user by the food delivery service platform provider or food dispensing establishment; and
(4) Any gratuity to be paid to the person who delivers the food; and
(c) A statement that indicates that a commission is to be paid by the food dispensing establishment in connection with the online food order.
2. If, after the consummation of an online food order, the user is provided with a receipt for the online food order, the information required to be disclosed pursuant to paragraphs (a) and (b) of subsection 1 must be set forth on the receipt in plain language and in a conspicuous manner.
(Added to NRS by 2021, 1699)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.764 - Food delivery service platform provider may request to disclose required information in alternative manner; submission of request to Commissioner of Consumer Affairs.

If a food delivery service platform provider determines that it is not feasible to disclose the information required by NRS 597.7639 in the manner provided in that section, the provider may submit a request to the Commissioner of Consumer Affairs to disclose the information in an alternative manner. Such a request must include, without limitation, a proposal for an alternative manner in which to disclose the information required by NRS 597.7639 and any other information the Commissioner deems necessary. If the Commissioner approves the request, the food delivery service platform provider may disclose the information required by NRS 597.7639 in the manner set forth in the approved request.
(Added to NRS by 2021, 1699)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7641 - Limitation on commission for online food order during certain periods in which declaration of emergency is in effect; provisions do not supersede or preempt certain ordinances.

1. During any period in which a declaration of emergency is in effect in a county in this State and social distancing requirements and occupancy limitations on the capacity of food dispensing establishments apply to that county, a food delivery service platform provider shall not charge a food dispensing establishment in that county a commission for an online food order that exceeds 15 percent of the food purchase price of the online food order, plus a credit card processing fee, if any. A food dispensing establishment in such a county may agree in writing to pay a food delivery service platform provider a commission that exceeds the limit established in this subsection to obtain optional products or services, including, without limitation, advertising, marketing or access to customer subscription programs.
2. A food delivery service platform provider shall not reduce the compensation rates paid to any person who delivers food for the provider or garnish the gratuities of such a person as a result of this section.
3. The provisions of this section do not supersede or preempt an ordinance enacted by a governing body of a county in this State that places limits on the maximum commission that a food delivery service platform provider may charge a food dispensing establishment if such an ordinance was in effect on or before April 30, 2021.
4. As used in this section, "governing body" means the board of county commissioners or, in the case of Carson City, the Board of Supervisors.
(Added to NRS by 2021, 1700)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.7642 - Knowing violation deemed deceptive trade practice.

A person who knowingly violates NRS 597.7639, 597.764 or 597.7641 is deemed to have committed a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.
(Added to NRS by 2021, 1700)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.770 - Definitions.

As used in NRS 597.770 to 597.810, inclusive:
1. "Commercial use" includes the use of the name, voice, signature, photograph or likeness of a person on or in any product, merchandise or goods or for the purposes of advertising, selling or soliciting the purchase of any product, merchandise, goods or service.
2. "Governmental agency" means the Commission on Tourism of the Department of Tourism and Cultural Affairs and a governmental entity in a county whose population is 100,000 or more that has as a statutory purpose, power or duty the promotion of travel or tourism in this state and that employs photographers full-time or by contract to take pictures to promote travel and tourism, portray historical events or commemorate persons or physical sites that are significant in the history of the state.
3. "Person" means a natural person.
(Added to NRS by 1989, 1608; A 1995, 1645)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.780 - Scope.

The provisions of NRS 597.770 to 597.810, inclusive, apply to any commercial use within this state of a living or deceased person’s name, voice, signature, photograph or likeness regardless of the person’s domicile.
(Added to NRS by 1989, 1610)
2023 Nevada Revised Statutes › Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts › NRS 597.790 - Existence and term of right; written consent required for commercial use; exceptions.

1. There is a right of publicity in the name, voice, signature, photograph or likeness of every person. The right endures for a term consisting of the life of the person and 50 years after his or her death, regardless of whether the person commercially exploits the right during his or her lifetime.
2. Any commercial use by another of the name, voice, signature, photograph or likeness of a person requires the written consent of that person or his or her successor in interest unless:
(a) The use is contained in material which is commercially sponsored but the use is not directly connected with the commercial sponsorship;
(b) The use is an attempt to portray, imitate, simulate or impersonate a person in a live performance;
(c) The use is in connection with a news, public affairs or sports broadcast or publication;
(d) The use is an attempt to portray, imitate, simulate or impersonate a person in a play, book, magazine article, newspaper article, musical composition, film, or a radio, television or other audio or visual program, except where the use is directly connected with commercial sponsorship;
(e) The use is in connection with an original work of art except that multiple editions of such a work of art require consent;
(f) The use is in connection with an advertisement or commercial announcement for a use permitted by this subsection; or
(g) The use is in connection with the efforts of a governmental agency to promote travel and tourism in this state, portray historical events or commemorate persons or physical sites that are significant in the history of this state, except where the use is directly connected with commercial sponsorship.
For the purposes of this subsection, the issue of whether a use is directly connected with commercial sponsorship is a question of fact, to be determined by the trier of fact in an action brought pursuant to NRS 597.810.
3. If a governmental agency intends to have photographs taken at a public event for use pursuant to paragraph (g) of subsection 2, the governmental agency shall, if practicable, announce or otherwise inform the public, or request the sponsor of the event to announce or otherwise inform the public, that photographs may be taken that can be used in materials for the promotion of travel and tourism in this state without permission from the person photographed.
(Added to NRS by 1989, 1608; A 1995, 1646)