Title 51

NRS 584.255 Director to inspect periodically apparatus used to determine percentage of fat in milk or cream. The Director shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights a…

NRS 584.260 Specifications of state’s standard measure. The state’s standard measure, or pipette, shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 1 cubic centimeter of mercury at a temperature of 65° F. bet…

NRS 584.265 Analyses of milk and cream samples by representative or appointee of Director. The Director’s duly authorized representative or appointee shall make analyses of all samples of milk or cream deemed necessary for the enforcement of NRS 584.215 to 584.285, inclusive. [Pa…

NRS 584.270 Director to investigate and test milk upon complaint of licensed milk producer. The Director, on complaint of any licensed milk producer, showing good cause therefor, that the tests made by any licensed tester are incorrect or inaccurate, shall investigate and test mi…

NRS 584.275 Unlawful acts concerning official test; cream to be weighed into bottle. 1. It is unlawful for any person for himself or herself or as the agent, servant, employee or officer of any person, firm or corporation receiving or purchasing milk or cream on the basis of the …

NRS 584.280 Fraudulent manipulation of weight, measure or test unlawful. 1. It shall be unlawful for any hauler of milk or cream, other than a common carrier, or any person, firm or corporation receiving or purchasing milk or cream by weight or test or both, or by measure or test…

NRS 584.285 Penalty. Any person violating any provision of NRS 584.215 to 584.285, inclusive, shall be guilty of a misdemeanor. [10:167:1921; NCL § 2284]—(NRS A 1967, 619; 2013, 2740; 2019, 2954) STABILIZATION, MARKETING AND DISTRIBUTION OF FLUID MILK, FLUID CREAM AND OTHER DAIRY…

NRS 584.325 Definitions. As used in NRS 584.325 to 584.670, inclusive, unless the context otherwise requires, the words and terms defined in NRS 584.335 to 584.385, inclusive, have the meanings ascribed to them in those sections. [18:387:1955]—(NRS A 1987, 154; 2001, 2434)

NRS 584.335 “Consumer” defined. “Consumer” means any person who purchases fluid milk, fluid cream or dairy products for consumption. [30:387:1955]

NRS 584.340 “Dairy products” defined. “Dairy products” includes any product manufactured from milk or any derivative or product of milk. [23:387:1955]

NRS 584.345 “Distributor” defined. 1. “Distributor” means any person, whether or not the person is a producer or an association of producers, who purchases or handles fluid milk, fluid cream or any other dairy product for sale, including brokers, agents, copartnerships, cooperati…

NRS 584.350 “Fluid cream” defined. “Fluid cream” means cream or any mixture of cream and milk or skim milk containing 9 percent or more of butterfat, with or without the addition of any other ingredient, which is not packaged in hermetically sealed containers. [22:387:1955]—(NRS …

NRS 584.355 “Fluid milk” defined. “Fluid milk” means any milk product in fluid or frozen form containing less than 9 percent butterfat, including, without limitation, milk, fat-free milk, low-fat milk, light milk, reduced-fat milk, eggnog and cultured buttermilk. The term does no…

NRS 584.357 “Fresh dairy products” defined. “Fresh dairy products” includes, but is not limited to, buttermilk, skim milk, ice cream, ice milk mix, sherbet, sour cream, eggnog, yogurt, butter and cottage cheese, without regard to the class of fluid milk or fluid cream which is us…

NRS 584.360 “Marketing area” defined. “Marketing area” is any area within this state declared to be such in the manner prescribed in NRS 584.325 to 584.670, inclusive. [28:387:1955]

NRS 584.370 “Producer” defined. 1. “Producer” means any person who produces fluid milk from five or more lactating mammals in conformity with the applicable health regulations of the place in which it is sold. 2. “Producer” includes any association of producers. [24:387:1955]—(NR…

NRS 584.375 “Producer-distributor” defined. 1. “Producer-distributor” means any person who is both a producer and a distributor of fluid milk and fluid cream. 2. For the purposes of NRS 584.325 to 584.670, inclusive, a producer-distributor shall be deemed to be a producer in any …

NRS 584.380 “Retail store” defined. “Retail store” means any person owning or operating a retail grocery store, restaurant, confectionery or other similar business, where fluid milk, fluid cream or any fresh dairy product is sold to the general public. [27:387:1955]—(NRS A 1977, …

NRS 584.385 “Stabilization and marketing plan” defined. “Stabilization and marketing plan” means any plan formulated and made effective by the Director within the legislative standards provided by NRS 584.325 to 584.670, inclusive. [29:387:1955]

NRS 584.390 Business affected with public interest; purpose of provisions. The production and distribution of fluid milk and of fluid cream is hereby declared to be a business affected with a public interest. The provisions of NRS 584.325 to 584.670, inclusive, are enacted in the…

NRS 584.395 Legislative declaration. The Legislature declares that: 1. Fluid milk, fluid cream and other dairy products are necessary articles of food for human consumption. 2. The production and maintenance of an adequate supply of healthful dairy products is vital to the public…

NRS 584.400 Necessity for marketing areas; administrative authority of Director. It is recognized by the Legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different regulations are necessary, and …

NRS 584.405 Legislative determination. The foregoing statements in NRS 584.390, 584.395 and 584.400, of facts, policy and application of NRS 584.325 to 584.670, inclusive, are hereby declared a matter of legislative determination. [15:387:1955]

NRS 584.410 Purposes. The purposes of NRS 584.325 to 584.670, inclusive, are: 1. To provide money for the administration and enforcement of the provisions of this chapter by assessments to be paid by producers of fluid milk or fluid cream, or both, and from licenses issued to dis…

NRS 584.415 Construction. 1. It is the intent of the Legislature that the powers conferred in NRS 584.325 to 584.670, inclusive, shall be liberally construed. 2. Nothing in NRS 584.325 to 584.670, inclusive, shall be construed as permitting or authorizing the development of condi…

NRS 584.419 Applicability to retail stores. NRS 584.325 to 584.670, inclusive, apply to retail stores in the following particulars only: 1. The examination by the Director of the purchase records of retail stores from distributors. 2. The unfair practices prohibited in NRS 584.58…

NRS 584.547 Authority to formulate plan. The Director may formulate any stabilization and marketing plan as prescribed in NRS 584.325 to 584.670, inclusive, and declare the same effective after public hearing and reasonable notice by mail or otherwise to all producers and distrib…

NRS 584.550 Designation of marketing areas; additional areas; modification or consolidation of areas. 1. The Director shall designate marketing areas which it deems necessary or advisable to effectuate the purposes of NRS 584.325 to 584.670, inclusive, and wherein the Director fi…

NRS 584.555 Hearing required to determine whether producers desire formation of plan; exception. The Director shall, prior to the formulation of a stabilization and marketing plan for fluid milk or fluid cream for any marketing area, conduct a public hearing in the area for the p…

NRS 584.565 Formulation of plan: Notice; hearing; order declaring plan in effect. 1. If the Director finds that a stabilization and marketing plan is necessary to accomplish the purposes of NRS 584.325 to 584.670, inclusive, it shall formulate a stabilization and marketing plan f…

NRS 584.566 Amendment or termination of plan: Procedure. 1. In addition to procedures provided for in subsections 3 and 4, the Director may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in NRS 584.550, 584.555 and 584.565, …

NRS 584.567 Amendment or termination of plan: Petition; hearing. 1. An amendment or termination of a stabilization and marketing plan may be initiated by filing a petition with the Director. The petition, filed in four copies, must include: (a) The name and address of every perso…

NRS 584.568 Minimum prices; discounts. 1. Each stabilization and marketing plan may contain provisions fixing the price at which fluid milk and fluid cream is sold by producers, distributors and retailers and must contain provisions regulating all discounts allowed by producers, …

NRS 584.569 Discount on dairy products sold to elderly consumers. 1. A retailer may sell dairy products at a discount to an elderly consumer. The discount must not be given to any consumer who is less than 62 years of age. 2. The discount must not reduce the price of the dairy pr…

NRS 584.575 Report to producer. Each stabilization and marketing plan may contain provisions whereby distributors shall report to each producer from whom fluid milk is secured, the volume of fluid milk received from such producer in pounds of milk, the milk fat test of the milk, …

NRS 584.578 Cooperation with other authorities; enforcement of plans. The Director may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states or agencies of the United States with respect to plans relating to the stabiliza…

NRS 584.580 Purchase of milk from noncomplying producers; limitation on production. No distributor subject to the provisions of any stabilization and marketing plan shall purchase milk from producers who cannot comply with the provisions of NRS 584.325 to 584.670, inclusive, in s…

NRS 584.581 Certain practices of distributors prohibited whether stabilization and marketing plan in effect or not. 1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2, whether or not a stabilization and marketing pl…

NRS 584.582 Unlawful manipulation of prices. It is unlawful for any distributor or retailer to manipulate the prices of fluid milk, fluid cream or any fresh dairy product for the purpose of injuring, harassing or destroying competition. (Added to NRS by 1975, 1497; A 1987, 155)

NRS 584.583 Sale of milk, cream or fresh dairy products below cost. 1. No distributor or retailer may sell fluid milk, fluid cream or any fresh dairy product below cost. 2. Each distributor shall provide to the Director a statement of costs in accordance with the appropriate stab…

NRS 584.584 Distributor may meet competitive prices in sale of fluid milk, fluid cream or any other dairy products; information to be filed with Director. The provisions of NRS 584.583 do not authorize the development of conditions of monopoly in production or distribution of flu…

NRS 584.585 Duty of Director to prescribe unfair trade practices and investigate marketing and pricing practices. Pursuant to the declaration and statement of facts, policy and purposes set forth in NRS 584.325 to 584.670, inclusive, the Director is hereby vested with the additio…

NRS 584.590 Investigation of prices in marketing area: Notice; hearing; record. 1. In investigating prices in any marketing area, the Director may first make an investigation in the marketing area to establish facts necessary to permit the Director to carry out the intent of NRS …

NRS 584.595 License required to distribute dairy products; procedure for application; renewal; amendment; notification of Director required if certain civil or criminal actions are brought against licensee or member of senior management of licensee. 1. No distributor may deal in …

NRS 584.600 Bond: Amount; form and conditions; proceedings for enforcement. 1. Every distributor, before purchasing any fluid milk or fluid cream directly from a producer, must execute and deliver to the Director a surety bond in an amount specified by the Director by regulation …

NRS 584.610 Additional bond required if increase in purchases. In the event that any distributor so increases the distributor’s purchases of fluid milk during the license year that such purchases exceed the amount for which the distributor is bonded, the distributor shall within …