Nevada Administrative Code

NAC 584.6191 Distributor’s license for retail store. (NRS 584.067, 584.547) 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, Stabili…

NAC 584.6201 Distributor’s license: Nontransferable; expiration upon change of ownership of licensee. (NRS 584.067, 584.547, 584.595) 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 acquire…

NAC 584.6261 Distributor required to file statement under certain circumstances; certain separate costs required to be shown. (NRS 584.067, 584.547, 584.583) 1. Each distributor shall, upon request of the Director, file with the Director the statement of costs required by subsect…

NAC 584.6281 Statement as prima facie evidence of costs for reporting period. (NRS 584.067, 584.547, 584.583) For enforcement of a plan authorized by NRS 584.547, the Director will consider a filed statement of costs to be prima facie evidence of the distributor’s costs for the p…

NAC 584.6311 New products or operations. (NRS 584.067, 584.547, 584.583) 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 …

NAC 584.6331 Peddler-distributors and retail distributors required to file statement. (NRS 584.067, 584.547, 584.583) Each peddler-distributor or retail distributor shall file with the Commission an annual statement of costs in a manner to be prescribed by the Commission. [Dairy …

NAC 584.6351 Required contents. (NRS 584.067, 584.547, 584.583) 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 accoun…

NAC 584.6362 Determination of costs. (NRS 584.067, 584.547, 584.583) 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; R023-16, 9…

NAC 584.6392 Distributor’s price list: Retail prices; distributor’s or dock prices. (NRS 584.067, 584.547) 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 s…

NAC 584.6397 Distributor’s price list: Contents; confidentiality exception. (NRS 584.067, 584.547) 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 …

NAC 584.6412 List of wholesale accounts. (NRS 584.067, 584.547) Upon request by the Director, a distributor shall provide a current list of its wholesale accounts in the form prescribed by the Director. [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(Subs…

NAC 584.6417 Monthly usage report of distributor. (NRS 584.067, 584.547) 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 o…

NAC 584.6422 Adoption by reference of standards for determining weight of fluid milk or fluid cream. (NRS 584.067, 584.547) 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 …

NAC 584.6432 Monthly usage report of producer; monthly purchase reports by distributors. (NRS 584.067, 584.547) 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 Cla…

NAC 584.6437 Monthly reports by cooperative associations. (NRS 584.067, 584.547) 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 receive…

NAC 584.6452 Distributor’s contract: Optional provisions. (NRS 584.067, 584.547) Nothing in this plan restricts a distributor from: 1. Entering into a contract to purchase milk from any producer, regardless of whether a contract already exists between the distributor and producer…

NAC 584.6457 Written contract required for certain purchases by distributor. (NRS 584.067, 584.547) 1. A distributor shall not purchase any fluid milk in excess of 200 gallons monthly from a producer or association of producers unless a written contract has been entered into with…

NAC 584.6467 Producer’s contract: Optional provisions. (NRS 584.067, 584.547) 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 …

NAC 584.6482 Establishment of minimum price for fluid milk and fluid cream to be paid to producer by distributor. (NRS 584.067, 584.547, 584.568) 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 dis…

NAC 584.6487 Pricing by producer for Class I usage. (NRS 584.067, 584.547) 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 …

NAC 584.6507 Minimum markup of butter, milk and fresh dairy by-products by retailers; reduction of price. (NRS 584.067, 584.547, 584.583, 584.584) 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-produc…

NAC 584.6542 Designation. (NRS 584.067, 584.400, 584.547, 584.550) 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…

NAC 584.6712 Factors considered in imposition of civil penalty. (NRS 584.067, 584.547, 584.670) Before imposing a penalty pursuant to subsection 3 of NRS 584.670, the Director will consider: 1. The severity of the violation and its impact on competition within the dairy industry …

NAC 584.9011 Scope; construction. (NRS 233B.050, 584.067) 1. NAC 584.9011 to 584.9391, inclusive, govern practice before the Director. 2. The Director will construe those provisions liberally to secure just, speedy and economical determination of all issues presented to the Direc…

NAC 584.9041 Director to preside at hearings. (NRS 233B.050, 584.067) The Director will preside at all hearings. [Dairy Comm’n, Practice Rules § 2.4, eff. 12-1-77]—(NAC A 8-26-96)

NAC 584.9101 Complaint. (NRS 233B.050, 584.067) 1. A complaint which alleges a violation of this chapter or chapter 584 of NRS may be made by the Director, an employee of the Department or any aggrieved person. 2. The complaint must be made in writing and filed with the Director.…

NAC 584.9112 Answer. (NRS 233B.050, 584.067) If the Director determines that a complaint warrants administrative action, the Director will forward a copy to the party or parties against whom the complaint is made. A party may respond to the complaint by filing an answer within 20…

NAC 584.9121 Representation of parties. (NRS 233B.050, 584.067) A party to a hearing conducted by the Director may be represented by an attorney if the attorney is an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney…

NAC 584.9131 Service upon attorney. (NRS 233B.050, 584.067) After an attorney appears as counsel for a party, all notices, pleadings and orders to be served upon the party must be served upon the attorney, and service upon the attorney shall be deemed service upon the party he or…

NAC 584.9142 Subpoenas. (NRS 233B.050, 584.067) 1. Before a hearing before the Director, and during a hearing upon reasonable cause shown, the Director will issue subpoenas and subpoenas duces tecum at the request of a party. A party must prepare and present its subpoenas to the …

NAC 584.9312 Show cause orders. (NRS 233B.050, 584.067, 584.643) An order issued pursuant to NRS 584.643 to show cause why a distributor’s license should not be suspended or revoked will contain: 1. The specific violation for which the Director proposes to suspend or revoke the d…

NAC 584.9322 Stipulations. (NRS 233B.050, 584.067) Upon the approval of the Director, the parties may stipulate to any fact at issue by a written stipulation introduced in evidence as an exhibit or by an oral statement shown upon the record. A stipulation is binding upon all part…

NAC 584.9331 Failure to appear. (NRS 233B.050, 584.067) 1. If a party fails to appear at a hearing scheduled by the Director for which the Director has not granted a continuance, the Director may hear the testimony of witnesses who have appeared and proceed to consider the matter…

NAC 584.9371 Consolidation. (NRS 233B.050, 584.067) The Director may consolidate two or more proceedings for hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by a consolidation. [Dairy Comm’n, Practice …

NAC 584.9391 Briefs. (NRS 233B.050, 584.067) The Director may order briefs to be filed at any time. A brief filed with the Director must be accompanied by proof that the brief was served upon the opposing party. [Dairy Comm’n, Practice Rules § 8.12, eff. 12-1-77]—(NAC A 8-26-96)

NAC 585.010 Scope. (NRS 585.210) The criteria prescribed in NAC 585.010 to 585.640, inclusive, apply in determining whether the methods used in, or the facilities or controls used for, the manufacture, processing, packing or holding of a drug conform to, or are operated or admini…

NAC 585.020 Definitions. (NRS 585.210) As used in NAC 585.010 to 585.640, inclusive, unless the context otherwise requires, the words and terms defined in NAC 585.030 to 585.180, inclusive, have the meanings ascribed to them in those sections. [Comm’r of Food & Drugs, Amygdalin a…

NAC 585.030 “Active ingredient” defined. (NRS 585.210) 1. “Active ingredient” means any component which is intended to furnish pharmacological activity or other direct effect in the diagnosis, cure, mitigation, treatment or prevention of disease or to affect the structure or any …

NAC 585.040 “Amygdalin,” “laetrile” defined. (NRS 585.210) “Amygdalin” or “laetrile” is defined by the formula contained in NAC 585.200. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.3, eff. 5-15-78]

NAC 585.050 “Batch” defined. (NRS 585.210) “Batch” means a specific quantity of a drug which has uniform character and quality within specified limits and is produced according to a single manufacturing order during the same cycle of manufacture. [Comm’r of Food & Drugs, Amygdali…

NAC 585.060 “Board” defined. (NRS 585.210) “Board” means the State Board of Health. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.5, eff. 5-15-78]

NAC 585.070 “Commissioner” defined. (NRS 585.210) “Commissioner” means the Commissioner of Food and Drugs. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.6, eff. 5-15-78]

NAC 585.080 “Component” defined. (NRS 585.210) “Component” means any ingredient used in the manufacture of drugs in dosage form, whether or not the ingredient appears in the finished product. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.7, eff. 5-15-78]

NAC 585.090 “Drug” defined. (NRS 585.210) 1. “Drug” has the meaning ascribed to it in NRS 585.080. 2. The term includes amygdalin (laetrile) or procaine hydrochloride with preservatives and stabilizers. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.8, eff. 5-15-78…

NAC 585.100 “Inactive ingredient” defined. (NRS 585.210) “Inactive ingredient” means any component other than an active ingredient present in a drug. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.9, eff. 5-15-78]

NAC 585.110 “In process” defined. (NRS 585.210) “In process” means in the course of manufacture. Goods in process are distinguished from raw materials or finished products. [Comm’r of Food & Drugs, Amygdalin and Procaine Hydrochl. § 1.10, eff. 5-15-78]

NAC 585.120 “Licensee” defined. (NRS 585.210) “Licensee” means a natural person, partnership, association, corporation or other form of business organization which is licensed pursuant to NRS 585.245 or 585.495 to manufacture, compound, process or package any drug. [Comm’r of Foo…