Title 51

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 …

NRS 584.615 Applicability of provisions requiring licenses and bonds. 1. The licenses and bonds provided for in NRS 584.595 to 584.645, inclusive, are required for each distributor, and for the purposes of NRS 584.595 to 584.645, inclusive, each subsidiary milk processing plant o…

NRS 584.625 Failure to execute and deliver bond or post additional bond. Failure of any distributor who purchases fluid milk or fluid cream directly from producers to execute and deliver the bond as herein provided and required constitutes a violation of NRS 584.325 to 584.670, i…

NRS 584.640 Distributor purchasing from producer-distributor: When bond not required; notice to Director; record of purchases; reports. 1. No bond is required of any distributor who purchases fluid milk, fluid cream or any fresh dairy product from a distributor who processes flui…

NRS 584.643 Emergency cases: Shortening time for hearing; service of notice; place of hearing. 1. Whenever the Director is satisfied, either by investigation or after hearing, that a distributor is unable to pay for fluid milk or fluid cream purchased from producers and is furthe…

NRS 584.645 Licensing provisions not applicable to retail stores. The provisions of NRS 584.595 to 584.645, inclusive, with respect to licenses shall not apply to retail stores as such stores are defined in NRS 584.380. [69:387:1955] Assessments

NRS 584.647 Assessments on fluid milk and fluid cream. The Director shall assess each distributor of fluid milk or fluid cream a sum not exceeding one-quarter cent per pound on all fluid milk or fluid cream distributed by the distributor. [66:387:1955]—(NRS A 1959, 898; 1979, 131…

NRS 584.648 Assessments on butter and dairy products. 1. The Director shall assess each distributor of butter a sum not exceeding 2 cents per pound on all butter distributed by the distributor. 2. The Director shall assess all distributors of dairy products a sum not exceeding 4 …

NRS 584.649 Director may lower rate of assessment; date on which assessment is due; penalty for delinquent payment. 1. The Director may lower the rate of any assessment required to be paid under NRS 584.647 or 584.648, whenever the Director finds that the cost of administering th…

NRS 584.650 Records of distributors and cooperative organizations of producers. Every distributor who purchases fluid milk or fluid cream from a producer and every producer cooperative organization which handles milk for its members or other producers shall make and keep for 3 ye…

NRS 584.655 Confidentiality of records and reports. Any record or report made to the Director pursuant to the provisions of NRS 584.650 shall be confidential and shall not be divulged except as otherwise provided in NRS 239.0115 and except when necessary for the proper determinat…

NRS 584.670 Criminal and civil penalties; grounds for refusal, suspension or revocation of license. 1. The violation of any provision of NRS 584.325 to 584.670, inclusive, or of any stabilization and marketing plan, including any price requirements of such a plan, or of any of th…

NRS 585.010 Short title. This chapter may be cited as the Nevada Food, Drug and Cosmetic Act. [1:177:1939; 1931 NCL § 6206]

NRS 585.020 Definitions. For the purpose of this chapter, the words and terms defined in NRS 585.030 to 585.150, inclusive, have the meanings ascribed to them in those sections. [Part 2:177:1939; 1931 NCL § 6206.01]—(NRS A 1985, 530)

NRS 585.030 “Advertisement” defined. “Advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics…

NRS 585.040 “Commissioner” defined. “Commissioner” means the Commissioner of Food and Drugs. [Part 2:177:1939; 1931 NCL § 6206.01]

NRS 585.050 “Contaminated with filth” defined. “Contaminated with filth” applies to any food, drug, device or cosmetic not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. [Part 2:177:1939; 1…

NRS 585.060 “Cosmetic” defined. 1. “Cosmetic” means: (a) Articles intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance, in…