reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › MILK AND MILK PRODUCTS › Diseases › Section 584.4551 - General requirements

Current through June 11, 2024
1. All milk for pasteurization must be from herds that are free from communicable disease as determined in a method set down by the Commission.
2. Any dairy animal that, upon sufficient laboratory finding or upon inspection by a licensed veterinarian, is found to be carrying any type of communicable disease must be disposed of in a method directed by the Commission. The milk from these animals must be immediately withdrawn from sale in this State and disposed of in a method established by the Commission.
3. Any inspection or individual laboratory testing that the Commission deems necessary must be done in an approved laboratory or by a veterinarian who is licensed in this State. The expense of such inspection or laboratory determination is the responsibility of the owner of the particular animals inspected or tested.
Bd. of Health, Grading of Milk Reg. § 11, eff. 7-4-72-NAC A 10-30-97; A by Dairy Comm'n by R151-01, 12-17-2001, eff. 1-1-2002
NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › MILK AND MILK PRODUCTS › Diseases › Section 584.4561 - Brucellosis

Current through June 11, 2024
1. All animals in a herd, and any additions to the herd, must be free from brucellosis before any milk from the herd may be sold.
2. Freedom from brucellosis is evidenced by a satisfactory blood serum test for agglutinins against brucella abortus, or by three successive satisfactory ring tests at intervals not less than 3 months or more than 6 months, or by other tests approved by the United States Department of Agriculture or the Division of Animal Industry of the Department. The tests must be made and any reactors found must be removed from the milking herds and disposed of by approved methods of the agencies.
3. Herds that use blood agglutination tests must be tested at least once every 12 months. If the herd is to be tested by the ring test, this must be accomplished at intervals of not more than 6 months. Negative ring tests of the milk supply are considered as satisfactory compliance with this section.
4. A positive ring test of the milk supply requires a blood test of the entire herd, and a negative blood test of that herd must eventually be accomplished. After a reactor has been found in a herd, that herd must be retested by blood agglutinins until a negative test of the complete herd indicates complete freedom from brucella infection.
5. Hoofed mammals which are part of a herd officially vaccinated as young mammals and which react to the blood agglutination test must be referred to the veterinarian supervising that herd for his or her written recommendation regarding such tests.
6. This testing is not required in brucellosis free counties that used the brucellosis free system approved by the United States Department of Agriculture or the Division of Animal Industry of the Department.
Bd. of Health, Grading of Milk Reg. § 11.2, eff. 7-4-72-NAC A by Dairy Comm'n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012
NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › MILK AND MILK PRODUCTS › Diseases › Section 584.4571 - Tuberculosis

Current through June 11, 2024
1. A tuberculin test of all animals in a herd, and any additions to the herd, must be made before any milk from the herd is sold and at least once every 12 months thereafter.
2. This testing must be done by a licensed veterinarian duly certified to run these tests by the Division of Animal Industry of the Department. The tests must be given and any reactors disposed of in accordance with the requirements approved by the Division of Animal Industry of the Department.
3. A certificate signed by the veterinarian or attested to by the Commission is evidence of the tests. In tuberculosis free counties that used the tuberculosis free system approved by the United States Department of Agriculture or the Division of Animal Industry of the Department, this annual testing is not required.
Bd. of Health, Grading of Milk Reg. § 11.1, eff. 7-4-72-NAC A 10-30-97; A by Dairy Comm'n by R151-01, 12-17-2001, eff. 1-1-2002
NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › MILK AND MILK PRODUCTS › Diseases › Section 584.4581 - Other infections

Current through June 11, 2024
1. Hoofed mammals that show a complete induration of one quarter or extensive induration on one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, must be permanently excluded from the milking herd. This does not apply in the case of a quarter that is completely dry.
2. Hoofed mammals giving bloody, stringy or otherwise abnormal milk, but without entire or extensive induration of the udder, must be excluded from the herd until reexamination shows that the milk has become normal.
3. The Commission may require any test or examination it deems necessary after consultation with the Division of Animal Industry of the Department. In the event the Commission does require additional tests, and in the event a reactor is found among a herd, that particular diseased animal must be disposed of as the Division of Animal Industry of the Department requires.
Bd. of Health, Grading of Milk Reg. § 11.3, eff. 7-4-72-NAC A by Dairy Comm'n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012
NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5551 - Definitions

Current through June 11, 2024
As used in NAC 584.5551 to 584.6712, inclusive, unless the context otherwise requires, the words and terms defined in chapter 584 of NRS and in NAC 584.5554 to 584.5741, inclusive, have the meanings ascribed to them in those sections.
Supplied in codification; A by Dairy Comm'n, 9-13-85; 8-26-96; R121-99, 9-27-99, eff. 10-1-99; R093-99, 12-3-99; R067-00, 6-2-2000; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.103, 584.210
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5554 - "Advanced pricing factors" defined

Current through June 11, 2024
"Advanced pricing factors" means the price components released by the United States Department of Agriculture based on the weighted average of the two most recent average weekly survey prices announced by the National Agricultural Statistical Service before the 24th day of each month.
Added to NAC by Dairy Comm'n by R067-00, eff. 6-2-2000
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5561 - "Bona fide charity" defined (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.202; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5565 - "Class I," "Class II" and "Class III" defined

Current through June 11, 2024
1. "Class I" means any skim milk or butterfat, or a combination thereof, which is used to produce fluid milk, and any amount of milk that exceeds 2 percent of the milk used to produce fluid milk which is lost during the production of fluid milk.
2. "Class II" means any skim milk or butterfat, or a combination thereof, which is used to produce ice cream, yogurt, sour cream, sour cream dressing, sour half and half, cottage cheese, eggnog or buttermilk, milk lost as plant loss during the production of such products, and any other milk which is not within the definition of Class I or Class III.
3. "Class III" means any skim milk or butterfat, or a combination thereof, which is used to produce butter, cheese other than cottage cheese, canned milk, canned cream or dried milk.
Supplied in codification; A by Dairy Comm'n, 9-13-85; 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5567 - "Class differential" defined

Current through June 11, 2024
"Class differential" means the price set by the Commission and added to the advanced pricing factors or the component prices, as applicable, to determine the minimum price to be paid to a producer by a distributor for each class of fluid milk and fluid cream.
Added to NAC by Dairy Comm'n by R121-99, 9-27-99, eff. 10-1-99; A by R067-00, 6-2-2000
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5572 - "Component prices" defined

Current through June 11, 2024
"Component prices" means the pricing factors released by the United States Department of Agriculture based on the weighted average for the preceding month of weekly prices announced by the National Agricultural Statistical Service on or before the 5th day of each month.
Added to NAC by Dairy Comm'n by R067-00, eff. 6-2-2000
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5591 - "Home delivery" defined

Current through June 11, 2024
"Home delivery" means delivery of milk or dairy products directly to the residence of a consumer.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.206
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5631 - "Milk fat" and "butterfat" defined

Current through June 11, 2024
"Milk fat" and "butterfat" are synonymous and mean the fat component of fluid milk or fluid cream.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.212
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5641 - "Peddler-distributor" defined (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5662 - "Plant loss" defined

Current through June 11, 2024
"Plant loss" means:
1. Milk received by a distributor from a producer which is not accounted for in bulk transfers to another distributor, bulk inventory or in the manufacture of a dairy product; and
2. Milk lost after manufacture of dairy products, including, but not limited to, loss by leakage, spoilage, dumping and other causes.
Added to NAC by Dairy Comm'n, eff. 8-26-96
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5671 - "Processing distributor" defined (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5691 - "Retail distributor" defined (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.224; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5711 - "Skim milk" defined

Current through June 11, 2024
"Skim milk" means milk which contains not more than 0.25 percent milk fat.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.226
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5731 - "Surplus" defined

Current through June 11, 2024
"Surplus" means milk produced in excess of both the amount stated in the producer's contract with the distributor and the production requirements of the distributor.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.230
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5741 - "Usage" defined

Current through June 11, 2024
"Usage" means the class into which fluid milk and fluid cream is processed.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.232
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5751 - "Wholesale customer" defined (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78-Substituted in revision for NAC 584.234; A by R109-13, eff. 6/23/2014; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5762 - Applicability

Current through June 11, 2024
The stabilization and marketing plan set forth in NAC 584.5551 to 584.6712, inclusive, is the stabilization and marketing plan for the Northern Nevada Marketing Area and the Southern Nevada Marketing Area as those areas are described in NAC 584.6542.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R093-99, 12-3-99; R017-07, 10-31-2007
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5772 - Liability for violation of plan by agent or employee

Current through June 11, 2024
A person subject to the stabilization and marketing plan set forth in NAC 584.5551 to 584.6712, inclusive, is responsible for any violation of the plan by the person's employee or agent, or by any subsidiary or affiliated company or corporation controlled by him or her.
Dairy Comm'n, Stabiliza. & Mktg. Plans-NAC A 8-26-96; R093-99, 12-3-99
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5782 - Retention of records

Current through June 11, 2024
Except as otherwise provided by specific statute or regulation, each record required to be kept by chapter 584 of NRS or this chapter must be retained for 3 years.
Dairy Comm'n, Stabiliza. & Mktg. Plans-NAC A 8-26-96-Substituted in revision for NAC 584.5531
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › General Provisions › Section 584.5792 - Report of distributor's monthly remittance

Current through June 11, 2024
1. Each distributor shall submit to the Commission, on a form prescribed and furnished by the Commission, or on a facsimile of the form, a monthly remittance report showing the distributor's monthly distribution dairy products that are subject to assessment by the Commission pursuant to NRS 584.647 or 584.648.
2. The monthly remittance report must be submitted to the Commission at its office in Sparks, Nevada, on or before the 20th day of the month following the month during which the dairy products that are subject to assessment by the Commission pursuant to NRS NRS 584.647 or 584.648 were distributed.
Dairy Comm'n, Stabiliza. & Mktg. Plans-NAC A 8-26-96; R082-11, 5-30-2012-Substituted in revision for NAC 584.5541; A by R109-13, eff. 6/23/2014; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5911 - Extension of credit by distributor

Current through June 11, 2024
1. A sale by a distributor for which payment is not made before or at delivery is an extension of credit by the distributor.
2. Except for a sale to the Federal Government, no sale of milk or dairy products from a distributor to another distributor may be made on terms of credit under which the final payment for the milk or dairy products is due more than 60 days after the date of delivery.
3. Any violation of subsection 2 is an unfair practice by the seller and the purchaser.
4. For the purpose of this section:
(a) The period for which credit is extended is the period between the day when the milk or dairy products are delivered and the day when the payment is received by the distributor; and
(b) The giving of a promissory note, postdated check or other evidence of indebtedness is not payment of a debt unless it is immediately payable.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5922 - Sale of dairy product by processing distributor at price below cost prohibited

Current through June 11, 2024
Except as otherwise provided in NRS 584.583, a distributor shall not sell, offer to sell, advertise or bid for the sale of any dairy product at a price less than his or her costs as shown by his or her latest statement of costs on file with the Commission.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96-Substituted in revision for NAC 584.6321; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.585
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5941 - Prohibition on sales by distributors to certain wholesale customers

Current through June 11, 2024
1. If a distributor fails to pay within the time prescribed by subsection 2 of NAC 584.5911:
(a) The distributor to whom the payment is owed shall notify the Commission of the failure to pay; and
(b) The Commission may issue an order prohibiting all distributors from selling milk or dairy products to that distributor unless the sale is for cash upon delivery.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5971 - Loans to wholesale customers by distributors

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, a distributor shall not make or renew a loan of money to a current or prospective wholesale customer or in any way assist such a customer to obtain a loan of money.
2. A distributor may make or renew a loan of money to a prospective wholesale customer or a member of a cooperative grocery which is a current wholesale customer if:
(a) The distributor advises the Commission that he or she wishes to make or renew the loan;
(b) The loan is appropriately secured and requires payment of the prevailing market rate of interest;
(c) The loan is not contingent upon the purchase of dairy products; and
(d) The Commission approves the loan
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5976 - Satisfaction of debt of wholesale customer (Repealed)

Current through June 11, 2024
Added to NAC by Dairy Comm'n, eff. 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5981 - Payment by distributor on behalf of wholesale customer or another distributor prohibited

Current through June 11, 2024
A distributor shall not make any payment on behalf of any other distributor.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79-Substituted in revision for NAC 584.292; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.585
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5986 - Prohibition against requiring wholesale customer to purchase dairy products customer is unable to sell at retail (Repealed)

Current through June 11, 2024
Added to NAC by Dairy Comm'n, eff. 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.5991 - Wholesale customer required to pay amount owed to distributor upon discontinuing purchase of dairy products (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6011 - Payment to distributor by peddler-distributor when service is discontinued

Current through June 11, 2024
A distributor who discontinues purchasing dairy products from another distributor shall pay any amount he or she owes to that distributor before distributing the products of any other distributor.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79-NAC A 8-26-96; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6041 - Limitations on samples given to customers by distributors

Current through June 11, 2024
A distributor shall not give a sample of milk, cream or other dairy product to a current or prospective customer in excess of a quantity sufficient to acquaint the customer with the quality of the product. In no case may the quantity exceed the smallest quantity in which the product is customarily packaged for the type of trade in which the customer is or may be involved.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § B, eff. 9-15-79-Substituted in revision for NAC 584.302
NRS 584.067, 584.547, 584.585
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6051 - Distributor not required to furnish or perform service upon any equipment

Current through June 11, 2024
No distributor may be required to furnish any equipment or perform service upon any equipment for dairy products sold by the distributor.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § B, eff. 9-15-79-NAC A 8-26-96; R093-99, 12-3-99; R082-11, 5-30-2012
NRS 584.067, 584.585
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6061 - Sales of merchandise other than dairy products to wholesale customers by distributors (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § C, eff. 9-15-79-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6071 - Contract for sale or lease of property between distributor and wholesale customer (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § C, eff. 9-15-79-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6082 - Participation by wholesale customer in profits or losses of distributor (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI part § A, eff. 9-1-80-Substituted in revision for NAC 584.6241; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Unfair Practices › Section 584.6092 - Additional prohibited practices; discounts

Current through June 11, 2024
1. No distributor, representative of a distributor or retail store may engage in the unfair practice of extending to certain customers special prices, equipment or services not made available to all customers who purchase dairy products of like quantity under like terms and conditions.
2. Except as otherwise provided in NRS NRS 584.582 and 584.583, a distributor or retail store may give discounts on the purchase or sale of dairy products.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79-NAC A 8-26-96; R093-99, 12-3-99; R082-11, 5-30-2012; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.585
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6121 - Applicant for distributor's license: Qualifications

Current through June 11, 2024
An applicant for a distributor's license has the burden of proving his or her qualifications to receive the license and must be qualified to do business in this State
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 8-26-96; R082-11, 5-30-2012
NRS 584.067, 584.547, 584.595
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6131 - Application for distributor's license: Required information

Current through June 11, 2024
1. An applicant for a distributor's license must complete and file with the Commission all forms required by the Commission. The applicant must answer all applicable questions on the forms and must furnish the Commission with any other information that the Commission requires.
2. The application must include a designation of each marketing area in which the applicant intends to distribute dairy products.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 10-24-83; 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6161 - Distributor's license: Consideration at public meeting; appearance by applicant

Current through June 11, 2024
Each application for the original issuance of a distributor's license will be considered at a public meeting of the Commission. An applicant is not required to appear at the meeting unless requested by the Executive Director or a member of the Commission but may appear to provide additional information relevant to the application.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 8-22-86; 8-26-96; R003-11, 10-26-2011; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6171 - Distributor's license: Factors for denial

Current through June 11, 2024
The Commission will not deny an application for a license as a distributor of dairy products or dairy by-products, or both, in this State, or an application for the amendment of a distributor's existing license unless it finds:
1. That the applicant or licensee has not complied with the applicable requirements set forth in chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive;
2. That the applicant or licensee has failed to provide satisfactory evidence that the dairy product which the applicant or licensee wishes to distribute is listed on the Interstate Milk Shippers List;
3. That the applicant or licensee has failed to provide satisfactory evidence that the plant or the facilities from which the applicant or licensee plans to ship dairy products has been inspected by the agency responsible for conducting such inspections in the state where the plant or facility is located; or
4. That the issuance of a license is not in the public interest, as the public interest and policy of the State of Nevada are set forth in NRS 584.390, 584.395, 584.410 and 584.415.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 8-26-96; R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012
NRS 584.067, 584.079, 584.547, 584.595
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6177 - Distributor's license: Issuance of temporary permit by Executive Director; notice of cancellation of permit

Current through June 11, 2024
The Executive Director or his or her designee may issue a temporary permit to an applicant to distribute dairy products in the marketing area in which the applicant wishes to distribute dairy products. The temporary permit is subject to cancellation without recourse upon notifying the holder in writing of the cancellation not less than 72 hours before the permit is cancelled. For the purposes of this section, notice of the cancellation shall be deemed to have been given on the date and time, if any, of the postmark appearing on the envelope containing the notice of cancellation.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R150-01 & R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012
NRS 584.067, 584.547, 584.595
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6181 - Distributor's license: Amendment to include new brand or label (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 10-24-83; 8-26-96; R082-11, 5-30-2012; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6187 - Distributor's license: Revocation, suspension or refusal to renew

Current through June 11, 2024
The Commission may revoke, suspend or refuse to renew a distributor's license if:
1. The licensee violates any of the applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive; or
2. The Commission determines that the licensee is not serving the marketing area in which he or she is licensed.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.079, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6191 - Distributor's license for retail store

Current through June 11, 2024
A retail store is not required to apply for a distributor's license unless the retail store purchases or receives dairy products for resale from an unlicensed source outside Nevada.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80-NAC A 8-26-96
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Licensing of Distributors › Section 584.6201 - Distributor's license: Nontransferable; expiration upon change of ownership of licensee

Current through June 11, 2024
1. A license issued to a distributor is not transferable.
2. A license expires if more than 50 percent of the ownership of the licensee is acquired by a person other than the licensee.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R150-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012
NRS 584.067, 584.547, 584.595
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6261 - Processing distributor required to file statement

Current through June 11, 2024
1. Each distributor shall, upon request of the Commission, file with the Commission the statement of costs required by subsection 2 of NRS 584.583.
The statement of costs must separately show the cost for each container size of each product distributed, regardless of whether the product was processed, manufactured or purchased for resale.
2. The statement of costs must separately show the dock cost, wholesale delivered cost and retail delivered cost.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.583
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6281 - Statement as prima facie evidence of costs

Current through June 11, 2024
For enforcement of a plan authorized by NRS 584.547, the Commission will consider a filed statement of costs to be prima facie evidence of the distributor's costs for the period reported on the statement.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-Substituted in revision for NAC 584.346; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.583
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6311 - New products or operations

Current through June 11, 2024
Before commencing the sale of new dairy products, a distributor must file a statement of costs covering each item which he or she distributes. Where new products are being manufactured or new operations are begun and the distributor is unable to submit sufficient cost data as required by NAC 584.6261 to 584.6362, inclusive, the distributor must file projected cost data which is acceptable to the Commission.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.583
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6331 - Peddler-distributors and retail distributors required to file statement (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6351 - Required contents

Current through June 11, 2024
Each page of a statement of costs must show the period covered by the information on the page. The following paragraph must appear on each statement of cost above the signature of the distributor or his or her accountant:
I hereby certify that this statement of costs is based upon the records kept in the ordinary course of this business operation for the period shown and is correct to the best of my knowledge.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96
NRS 584.067, 584.547, 584.583
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Statements of Costs › Section 584.6362 - Determination of costs

Current through June 11, 2024
To determine costs pursuant to NRS 584.583, a distributor shall use generally accepted principles of accounting.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80-NAC A 8-26-96-Substituted in revision for NAC 584.6291; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547, 584.583
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Requirements for Distributors › Section 584.6392 - Distributor's price list: Retail prices; distributor's or dock prices

Current through June 11, 2024
Before selling or offering or agreeing to sell any dairy product, each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy by-products shall file with the Commission separate price lists for retail prices and distributor's or dock prices for each marketing area in which such products are distributed. A separate price must be filed for each size of each product distributed. The price of like products distributed under different brand names or trademarks must be separately filed. No price may be filed for any product at less than the cost of the product.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. VI part § A, eff. 9-1-80-NAC A 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002; A by R023-16A, eff. 9/9/2016
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Requirements for Distributors › Section 584.6397 - Distributor's price list: Contents; confidentiality

Current through June 11, 2024
1. A price list filed by a distributor must:
(a) Clearly state the marketing area in which the prices apply;
(b) Include all terms and conditions of service which are applicable in determining the net price ultimately available to other distributors; and
(c) Designate its effective date.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Requirements for Distributors › Section 584.6412 - List of wholesale customers

Current through June 11, 2024
Upon request by the Commission, a distributor shall provide a current list of its wholesale accounts in the form prescribed by the Commission.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79-Substituted in revision for NAC 584.5921
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Requirements for Distributors › Section 584.6417 - Monthly usage report of distributor

Current through June 11, 2024
1. A distributor located in this State who receives, sells or transfers milk shall keep a monthly usage report which includes:
(a) The quantity of milk received, sold or transferred;
(b) The class of usage of the milk;
(c) The price;
(d) The total gallons of milk processed by product type during the month;
(e) The total weight of milk processed by product type;
(f) The results of a butterfat test for the various product types;
(g) The total butterfat by product type;
(h) The source of the milk;
(i) The person to whom the milk was sold or transferred, if appropriate;
(j) A statement which indicates whether the milk was graded, ungraded or degraded; and
(k) Any other information the Commission requests to substantiate usage.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Requirements for Distributors › Section 584.6422 - Adoption by reference of standards for determining weight of fluid milk or fluid cream

Current through June 11, 2024
A distributor shall use the standards for determining the weight of fluid milk or fluid cream adopted by the United States Department of Agriculture, which are hereby adopted by reference. A copy of the standards may be obtained at no cost from the United States Department of Agriculture, Agricultural Marketing Service, Dairy Programs, Office of Market Administrator, 1930-220th Street, S.E., Suite 102, Bothell, Washington 98021-8471.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Producer Determinations › Section 584.6432 - Monthly usage report of producer

Current through June 11, 2024
1. For the purpose of computing usage:
(a) Each milk plant, whether owned by one or more interests, is an individual plant pool.
(b) Milk is deemed to have received Class I usage unless the distributor furnishes proof satisfactory to the Commission that he or she received a different usage.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Producer Determinations › Section 584.6437 - Monthly reports by cooperative associations

Current through June 11, 2024
A cooperative association of producers shall furnish a monthly report to each producer from whom the association receives milk. The report must state the quantity, price and usage of all milk received from or handled for that producer and all deductions, withholdings, handling charges and assessments related to the milk. The association shall mail a copy of the report to the Commission when the report is furnished to the producer.
Dairy Comm'n, Stabiliza. & Mktg. Plan - WNMA Art. IV § A, eff. 8-1-79-NAC A by R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Contracts for Sale of Milk › Section 584.6452 - Distributor's contract: Optional provisions (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79-NAC A 8-26-96)-(Substituted in revision for NAC 584.5831; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Contracts for Sale of Milk › Section 584.6457 - Written contract required for certain purchases by distributor (Repealed)

Current through June 11, 2024
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79-NAC A 8-26-96-Substituted in revision for NAC 584.5851; R by R023-16A, eff. 9/9/2016
NRS NRS 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Contracts for Sale of Milk › Section 584.6467 - Producer's contract: Optional provisions

Current through June 11, 2024
Nothing in this plan restricts a producer from:
1. Entering into a contract to sell milk to any distributor.
2. Negotiating and entering into a contract with terms which exceed the minimum requirements of this plan and chapter 584 of NRS.
3. Renewing or refusing to renew any contract with a distributor or from putting any provision pertaining to renewal in a contract.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79-Substituted in revision for NAC 584.5841
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Establishment of Prices for Dairy Products › Section 584.6482 - Establishment of minimum price for fluid milk and fluid cream to be paid to producer by distributor

Current through June 11, 2024
1. Except as otherwise provided in this subsection, the minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area is the minimum price established for fluid milk and fluid cream for the Northern California Marketing Area. If the minimum price for fluid milk and fluid cream established for the Northern California Marketing Area is revised, the Commission will review the revised price to determine whether it is acceptable. Unless the Commission, within 5 days after the price for the Northern California Marketing Area is revised, determines that the revised price is unacceptable, the revised price for the Northern California Marketing Area shall be deemed the minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area. The minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area may be obtained at no cost:
(a) By mail, from the State Department of Agriculture, Attn: Division of Food and Nutrition, State Dairy Commission, 405 South 21st Street, Sparks, Nevada 89431;
(b) By telephone, at (775) 353-3758;
(c) By electronic mail, at fnd@agri.nv.gov ; or
(d) On the Internet, at
http://dairy.nv.gov
.
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Establishment of Prices for Dairy Products › Section 584.6487 - Pricing by producer for Class I usage

Current through June 11, 2024
The price paid for milk handled by a distributor which is in addition to that guaranteed by contract to have Class I usage must be determined according to its usage.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. IV § D, eff. 9-15-79-NAC A 8-26-96-Substituted in revision for NAC 584.5891
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Establishment of Prices for Dairy Products › Section 584.6507 - Minimum markup of butter, milk and fresh dairy by-products by retailers; reduction of markup

Current through June 11, 2024
1. A retailer may apply to butter a minimum markup of 6 percent of the purchase price and may apply to milk and fresh dairy by-products a minimum markup of 10 percent of the purchase price. Retailers shall file statements of costs for butter and fresh dairy by-products in accordance with NRS 584.583, unless they are using a markup equal to or greater than the minimum markup permitted by this subsection.
2. A retailer may reduce its price to the extent necessary to meet a lawful competitive price and is not subject to penalty if it submits information to the Commission in the manner set forth for distributors in NRS 584.584.
3. As used in this section, "purchase price" includes the cost of the product and the cost to transport the product to the retailer.
Added to NAC by Dairy Comm'n, eff. 9-5-83; A 8-26-96; R082-11, 5-30-2012-Substituted in revision for NAC 584.6245; A by R109-13, eff. 6/23/2014
NRS 584.067, 584.547
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Marketing Areas › Section 584.6542 - Designation

Current through June 11, 2024
1. The Northern Nevada Marketing Area consists of Carson City and Churchill, Douglas, Elko, Esmeralda, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine Counties and that part of Nye County north of the 38th parallel.
2. The Southern Nevada Marketing Area consists of Clark and Lincoln Counties and that part of Nye County south of the 38th parallel.
Dairy Comm'n, Stabiliza. & Mktg. Plan - ENMA Art. II, eff. 9-8-78-NAC A 9-13-85; 8-26-96; R017-07, 10-31-2007
NRS 584.067, 584.400, 584.547, 584.550
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › STABILIZATION AND MARKETING PLAN › Penalties › Section 584.6712 - Factors considered in imposition of civil penalty

Current through June 11, 2024
Before imposing a penalty pursuant to subsection 3 of NRS 584.670, the Commission will consider:
1. The severity of the violation and its impact on competition within the dairy industry of this State;
2. Whether the violation was intentional, willful or negligent;
3. Whether the violation was an unfair trade practice;
4. Whether the person who committed the violation has previously violated any applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive, or the statutes or regulations which govern the dairy industry of any other state; and
5. Any other factor the Commission deems appropriate to determine whether to impose the penalty.
Added to NAC by Dairy Comm'n, eff. 8-26-96; A by R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002
NRS 584.067, 584.547, 584.670
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › PRACTICE BEFORE THE STATE DAIRY COMMISSION › Section 584.9011 - Scope; construction

Current through June 11, 2024
1. NAC 584.9011 to 584.9391, inclusive, govern practice before the Commission.
2. The Commission will construe those provisions liberally to secure just, speedy and economical determination of all issues presented to it.
Dairy Comm'n, Practice Rules §§ 1.2 & 1.3, eff. 12-1-77-NAC A 8-26-96
NRS 233B.050, 584.067
Nevada Administrative Code › Chapter 584 - Dairy Products and Substitutes › PRACTICE BEFORE THE STATE DAIRY COMMISSION › Section 584.9041 - Chair

Current through June 11, 2024
The Chair of the Commission or a member of the Commission designated by the Chair shall preside at meetings of the Commission and at all hearings conducted by the Commission.
Dairy Comm'n, Practice Rules § 2.4, eff. 12-1-77-NAC A 8-26-96
NRS 233B.050, 584.067