requires two-thirds majority vote (§§ 48, 49, 50)
S.B. 505
Senate Bill No. 505–Committee on Finance
(On Behalf of Department of Business and
Industry—Dairy Commission)
March 26, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Makes various changes relating to transfer of responsibility for dairy inspection program to state dairy commission of department of business and industry. (BDR 51‑401)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to dairy products; making various changes relating to the transfer of responsibility for the dairy inspection program to the state dairy commission of the department of business and industry; and providing other matters properly relating thereto.
Whereas, Fresh wholesome milk and other dairy products are basic food commodities whose availability at reasonable prices is a necessity for consumers; and
Whereas, It is recognized by the Legislature that the perishable nature of milk and other dairy products has led, in the past, to disruption in both production and marketing; and
Whereas, The consolidated regulation of the Nevada dairy industry from the dairy farm to the distributor will benefit both the consumer and the industry by creating a single source of regulation and a streamlined regulatory structure; and
Whereas, The state dairy commission is charged with consolidating this regulation and ensuring that fresh wholesome milk and other dairy products are produced and distributed within Nevada in a manner free from destructive competition and unfair trade practices; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 584 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 6, inclusive, of this act.
2-1 Sec. 2. As used in this chapter, unless the context otherwise
2-2 requires, “commission” means the state dairy commission created
2-3 pursuant to NRS 584.420.
2-4 Sec. 3. The commission may adopt and enforce regulations to carry
2-5 out the provisions of this chapter.
2-6 Sec. 4. The state health officer shall, if requested, consult with the
2-7 commission on any matter concerning the public health and welfare of
2-8 the people of this state that arises pursuant to this chapter.
2-9 Sec. 5. Before the commission may adopt a regulation pursuant to
2-10 NRS 584.013 to 584.285, inclusive, and sections 5 and 6 of this act, the
2-11 commission shall submit the regulation to the state board of health for
2-12 review and comment. The board shall complete its review and return the
2-13 regulation to the commission not later than 30 days after its receipt
2-14 thereof unless the commission agrees to a longer time.
2-15 Sec. 6. 1. The commission may enter into contracts with any
2-16 person to assist it in carrying out the duties of the commission by
2-17 performing any duty imposed on the commission pursuant to NRS
2-18 584.013 to 584.285, inclusive, or sections 5 and 6 of this act.
2-19 2. As used in this section, “person” includes a government, a
2-20 governmental agency and a political subdivision of a government.
2-21 Sec. 7. NRS 584.017 is hereby amended to read as follows:
2-22 584.017 Except as otherwise provided by law, the [state board of
2-23 health] commission shall adopt, and may amend and repeal, reasonable
2-24 regulations governing:
2-25 1. The production, manufacturing, mixing, preparing, processing,
2-26 pasteurizing, freezing, packaging, transportation, handling, sampling,
2-27 examination, labeling and sale of all mix and frozen desserts sold for
2-28 ultimate consumption within the State of Nevada.
2-29 2. The inspection of all establishments engaged in the production,
2-30 processing and distribution of mix and frozen desserts.
2-31 3. The issuing and revocation of permits to frozen desserts plants.
2-32 4. The grading and regrading of frozen desserts plants.
2-33 5. The displaying of grade placards.
2-34 6. The fixing of penalties for a violation of [such] the regulations.
2-35 Sec. 8. NRS 584.023 is hereby amended to read as follows:
2-36 584.023 A copy of every regulation adopted by the [state board of
2-37 health] commission must be published immediately after adoption and
2-38 issued in pamphlet form for distribution to local health officers and
2-39 [citizens of the state.] , upon application therefor, to licensed or other
2-40 dairymen, creameries and other persons interested in them.
2-41 Sec. 9. NRS 584.027 is hereby amended to read as follows:
2-42 584.027 Any person who violates any provision of the regulations
2-43 adopted pursuant to NRS 584.017, or refuses or neglects to obey any
2-44 lawful order of the [state board of health,] commission, is guilty of a
2-45 misdemeanor.
2-46 Sec. 10. NRS 584.125 is hereby amended to read as follows:
2-47 584.125 For the purposes of NRS 584.110 to 584.160, inclusive,
2-48 “wholesome butter” is defined to be butter made from cream and milk
3-1 wherein the entire procedure from dairy to creamery, or other place of
3-2 manufacture of such product or products, is conducted under sanitary
3-3 conditions[;] , and wherein the milk or cream has either been produced by
3-4 cows all of which have been duly certified by some reputable veterinarian
3-5 as free from tuberculosis, or, if not so certified, wherein such milk or cream
3-6 has been pasteurized as prescribed by the [commissioner of food and
3-7 drugs] commission pursuant to NRS 584.135.
3-8 Sec. 11. NRS 584.130 is hereby amended to read as follows:
3-9 584.130 The inspection of butter under the provisions of NRS 584.110
3-10 to 584.160, inclusive, and the determination of the same as wholesome or
3-11 impure, are hereby made duties of the [commissioner of food and drugs.
3-12 The commissioner of food and drugs] commission. The commission is
3-13 hereby given all necessary authority and power for such inspection and
3-14 determination and may employ such inspectors or agents therefor as may
3-15 be necessary within any revenues generated or appropriation provided for
3-16 such purposes.
3-17 Sec. 12. NRS 584.135 is hereby amended to read as follows:
3-18 584.135 The [commissioner of food and drugs is authorized and
3-19 empowered to make and enforce such reasonable rules and] commission
3-20 shall make such regulations, within the meaning and purposes of NRS
3-21 584.110 to 584.160, inclusive, as may be necessary in their administration,
3-22 and which may include the sanitary production, care and handling of milk
3-23 and cream used in the making of butter.
3-24 Sec. 13. NRS 584.140 is hereby amended to read as follows:
3-25 584.140 The [commissioner of food and drugs] commission shall
3-26 supply local dealers in butter with a list of persons, firms and creameries
3-27 commonly supplying butter for local consumption classified as makers of
3-28 wholesome or impure butter, and shall, from time to time thereafter, supply
3-29 such dealers with additions to or alterations in such classifications.
3-30 Sec. 14. NRS 584.150 is hereby amended to read as follows:
3-31 584.150 1. It [shall be] is unlawful for any person, firm or
3-32 corporation to sell or exchange, or offer or expose for sale or exchange, for
3-33 human consumption, any impure butter.
3-34 2. Imported butter from states having similar laws, if made by
3-35 creameries, dairies or farms recognized by the authorities of such states as
3-36 manufacturing wholesome butter, and imported pasteurized butter from
3-37 states not having similar laws but the makers of which [shall] have satisfied
3-38 the [commissioner of food and drugs] commission that such butter
3-39 conforms to the requirements of NRS 584.110 to 584.160, inclusive, shall
3-40 be [regarded as] deemed wholesome if offered for sale or exchange in this
3-41 state. All other imported butter shall be deemed impure.
3-42 3. All impure butter offered for sale or exchange, for human
3-43 consumption, [shall be] is subject to confiscation by the police authorities
3-44 and may be destroyed.
3-45 4. Any person, firm or corporation violating the provisions of this
3-46 section [shall be] is guilty, for the first offense, of a misdemeanor, and for
3-47 any subsequent offense, of a gross misdemeanor.
4-1 Sec. 15. NRS 584.155 is hereby amended to read as follows:
4-2 584.155 On complaint by the [commissioner of food and drugs]
4-3 commission of the violation of NRS 584.150 by any person, firm or
4-4 corporation, the district attorney of the county in which [such] the violation
4-5 is alleged to have occurred shall institute criminal proceedings against the
4-6 person complained of and shall prosecute the same in the proper courts.
4-7 Sec. 16. NRS 584.180 is hereby amended to read as follows:
4-8 584.180 1. [No] A person, firm, association or corporation shall not
4-9 sell or offer to sell fresh fluid milk or fresh fluid cream in the State of
4-10 Nevada without obtaining a permit issued by the [health division of the
4-11 department of human resources pursuant to the regulation of the state board
4-12 of health governing the sanitation and grading of milk and milk products.]
4-13 commission.
4-14 2. No such permit [shall be] is required from any person, firm,
4-15 association or corporation who sells solely to a permittee or purchases
4-16 solely from a permittee.
4-17 Sec. 17. NRS 584.185 is hereby amended to read as follows:
4-18 584.185 The application for the permit required by NRS 584.180
4-19 [shall:] must:
4-20 1. Be submitted in writing on [such form as the state board of health
4-21 shall prescribe.] a form prescribed by the commission.
4-22 2. Include the name and address of the applicant, and, if a partnership,
4-23 the names and addresses of all partners, and, if a corporation, association or
4-24 other organization, the names and addresses of the president, vice
4-25 president, secretary and managing officers.
4-26 3. Specify the name and location of the premises or business for which
4-27 the license is sought.
4-28 4. Contain such other information as may be reasonably required by
4-29 the [board.] commission.
4-30 Sec. 18. NRS 584.190 is hereby amended to read as follows:
4-31 584.190 If it [shall appear] appears to the satisfaction of the [health
4-32 division of the department of human resources] commission that the
4-33 applicant has complied with [the] all regulations governing the sanitation
4-34 and grading of milk and milk products, the [health division] commission
4-35 shall cause the dairy farms, milk plants and facilities of the applicant to be
4-36 inspected . [as provided by the regulations of the state board of health.]
4-37 Sec. 19. NRS 584.195 is hereby amended to read as follows:
4-38 584.195 1. If, after the application and inspection, it [shall appear]
4-39 appears to the satisfaction of the [health division of the department of
4-40 human resources] commission that the applicant has fully complied with
4-41 [the regulations of the state board of health] all regulations governing the
4-42 sanitation and grading of milk and milk products, the [health division]
4-43 commission shall issue a permit to the applicant.
4-44 2. The [health division] commission shall keep a record of all
4-45 applications for permits and permits issued by it, which [shall] must be a
4-46 public record.
4-47 Sec. 20. NRS 584.200 is hereby amended to read as follows:
4-48 584.200 1. Whenever any inspection of the dairy farms, milk plants
4-49 or facilities of an applicant or a permittee necessitates departing beyond the
5-1 territorial limits of the State of Nevada, the applicant or permittee on
5-2 whose behalf [such] the inspection is to be made shall pay the per diem
5-3 expense allowance and travel expenses of the inspector or inspectors for
5-4 the amount of their travel beyond the territorial limits of the State of
5-5 Nevada in an amount equivalent to that paid other state officers performing
5-6 similar duties. [Claims for per diem expense allowances and travel
5-7 expenses of inspectors must be paid by the health division of the
5-8 department of human resources.]
5-9 2. Before an inspection is made outside the State of Nevada, the
5-10 [health division] commission shall collect from the applicant or permittee
5-11 an amount of money equal to the expenses to be incurred for the
5-12 inspection. The money must be deposited with the state treasurer for credit
5-13 to the appropriate account [of the health division] in the dairy commission
5-14 fund and may be used only to pay for claims filed in accordance with this
5-15 section.
5-16 3. Failure of an applicant or a permittee to pay the amount demanded
5-17 by the [health division] commission pursuant to the provisions of
5-18 subsection 2 is a ground for the denial, suspension or revocation of a
5-19 permit. Money paid by any applicant or permittee pursuant to the
5-20 provisions of subsection 2 must not be refunded.
5-21 Sec. 21. NRS 584.205 is hereby amended to read as follows:
5-22 584.205 1. In addition to the initial inspection of new applicants, the
5-23 [state board of health] commission shall, except as otherwise provided in
5-24 subsection 2, direct a periodic inspection, not less than annually, of all
5-25 facilities belonging to permittees [in order] to ascertain whether [or not] the
5-26 services, facilities and equipment continue to comply with the regulations
5-27 referred to in NRS [584.180 and] 584.195.
5-28 2. Except as otherwise provided in NRS 584.208 and the regulations
5-29 adopted pursuant to that section, milk and milk products, including
5-30 certified raw milk and products made from it, imported from outside the
5-31 State of Nevada may be sold in this state without inspection by the [health
5-32 division of the department of human resources] commission if the
5-33 requirements of paragraph (c) and the requirements of paragraph (a) or
5-34 paragraph (b) are met:
5-35 (a) In the case of certified raw milk and products made from it, they
5-36 have been produced under standards adopted by the American Association
5-37 of Medical Milk Commissions and under the statutory provisions of the
5-38 State of California applicable to such products.
5-39 (b) The milk and milk products have been produced, pasteurized,
5-40 processed, transported and inspected under statutes or regulations
5-41 substantially equivalent to the Nevada milk and milk products statutes and
5-42 regulations.
5-43 (c) The milk and milk products have been awarded an acceptable milk
5-44 sanitation, compliance and enforcement rating by a state milk sanitation
5-45 rating officer certified by the United States Public Health Service.
5-46 3. Whenever the [health division] commission has reasonable grounds
5-47 to believe that a seller of milk or milk products, including certified raw
5-48 milk and products made from it, is violating any of the regulations adopted
5-49 by the [state board of health] commission or any county milk commission
6-1 relating to the sanitation and grading of milk and milk products, including
6-2 certified raw milk and products made from it, or that his facilities or
6-3 products fail to meet the regulations, or that his operation is in any other
6-4 manner not in the best interests of the people of this state, the [health
6-5 division] commission may conduct a reasonable inspection, and if any
6-6 violation or other condition inimical to the best interests of the people of
6-7 this state is found, to take corrective action pursuant to NRS 584.180 to
6-8 584.210, inclusive.
6-9 Sec. 22. NRS 584.207 is hereby amended to read as follows:
6-10 584.207 1. Certified raw milk is unpasteurized, marketed milk which
6-11 conforms to the regulations and standards adopted by the county milk
6-12 commission for the production and distribution of certified raw milk and
6-13 certified raw milk products in the county in which they are produced.
6-14 2. In each county in which certified raw milk or certified raw milk
6-15 products are produced for public consumption, there must be a county milk
6-16 commission to regulate the production and distribution of those products.
6-17 The board of county commissioners shall appoint to the commission three
6-18 members for terms of 4 years , all of whom are eligible for reappointment.
6-19 The members must all be residents of the county and have the following
6-20 respective qualifications:
6-21 (a) One member must be a physician licensed in this state and a member
6-22 of the medical society of the state;
6-23 (b) One member must be a veterinarian licensed in this state and a
6-24 member of the county or regional veterinarian association; and
6-25 (c) One member must be a representative of the public at large.
6-26 3. A county milk commission shall:
6-27 (a) Elect one of its members as chairman and adopt appropriate rules to
6-28 govern:
6-29 (1) The time and place of its meetings;
6-30 (2) Its rules of procedure; and
6-31 (3) Its recordkeeping and other internal operations.
6-32 (b) Adopt written regulations, which must be approved by the state
6-33 [board of health,] dairy commission, governing the production, distribution
6-34 and sale in the county of certified raw milk and products made from it, to
6-35 protect the public health and safety and the integrity of the product. The
6-36 regulations so adopted must conform as nearly as practicable to, but may
6-37 be more stringent than, the standards adopted by the American Association
6-38 of Medical Milk Commissions.
6-39 (c) Certify raw milk and the products thereof for any applicant
6-40 producing raw milk within the county, whose product and methods of
6-41 production, distribution and sale comply with the regulations and standards
6-42 adopted by the county milk commission.
6-43 4. A county milk commission may:
6-44 (a) Establish and collect such fees and charges as appear reasonably
6-45 necessary to defray the costs and expenses incurred by it in the
6-46 performance of its duties under this section, and expend any money so
6-47 collected as is necessary for such performance.
7-1 (b) Conduct such tests, inspections and analyses as are necessary to
7-2 enable it to perform its duties under this section and employ such personnel
7-3 and equipment as it deems necessary therefor.
7-4 5. Each applicant for certification [shall,] must, as a condition for
7-5 entertaining his application and as a condition for any certification granted,
7-6 submit for testing by the county milk commission such samples as the
7-7 county milk commission requests, and allow inspections by the county
7-8 milk commission or its agents at any reasonable times, of any or all of his
7-9 facilities, equipment, herds or other property employed in his dairy
7-10 operations, including, without limitation, all of his books and records
7-11 relating thereto.
7-12 Sec. 23. NRS 584.208 is hereby amended to read as follows:
7-13 584.208 1. Certified raw milk and products made from it may be
7-14 sold if the milk has been:
7-15 (a) Cooled to 45 degrees Fahrenheit or less immediately after being
7-16 drawn from the cow or goat and maintained at or below that temperature
7-17 until it is delivered to the consumer, at which time it may not contain more
7-18 than 10 coliform bacteria per milliliter or more than 10,000 bacteria per
7-19 milliliter; and
7-20 (b) Certified by the county milk commission of the county in which it
7-21 was produced.
7-22 2. No person may come in contact with or be near raw milk before it is
7-23 sold to the consumer unless the person maintains scrupulous cleanliness
7-24 and is not afflicted with any communicable disease or in a condition to
7-25 disseminate any disease which can be transmitted by milk. No person may
7-26 handle milk to be sold as raw unless he has a physical examination before
7-27 any employment requiring him to do so and every 3 months thereafter
7-28 while continuing in the employment.
7-29 3. The state [board of health] dairy commission shall adopt regulations
7-30 governing:
7-31 (a) Inspections to determine the health of cows and goats which produce
7-32 milk for sale as raw milk.
7-33 (b) Inspections of dairy farms which produce milk for sale as raw milk
7-34 and establishing minimum standards of cleanliness and sanitation for the
7-35 farms.
7-36 (c) Examinations of all persons who come in contact with raw milk
7-37 before it is sold to a consumer.
7-38 (d) Other matters connected with the production and sale of raw milk
7-39 which the [board] commission deems necessary to protect the public
7-40 health.
7-41 Sec. 24. NRS 584.210 is hereby amended to read as follows:
7-42 584.210 1. Whenever the [health division of the department of
7-43 human resources] commission has reasonable grounds to believe that any
7-44 applicant or permittee under NRS 584.180 to 584.210, inclusive, is
7-45 violating any of the provisions of those sections, or any of the rules,
7-46 regulations or specifications adopted by the [state board of health]
7-47 commission relative to the sanitation and grading of milk and milk
7-48 products, or whenever the results of tests indicate that the facilities, milk or
7-49 milk products do not meet those regulations or are not reliable or are
8-1 questionable, or when the [health division] commission determines that the
8-2 operation in any other manner is inimical and not for the best interests of
8-3 the health, safety or welfare of the people of this state, the [health division
8-4 of the department of human resources] commission may, after providing
8-5 notice and opportunity for a hearing pursuant to the provisions of
8-6 subsection 2, refuse to grant a permit or suspend or revoke any or all
8-7 permits previously issued.
8-8 2. Except as otherwise provided in this subsection, if the [health
8-9 division] commission intends to refuse to grant a permit or to suspend or
8-10 revoke a permit pursuant to the provisions of subsection 1, the [health
8-11 division] commission shall provide to the applicant or permittee, by
8-12 certified mail, written notice of the intended action within the period
8-13 established pursuant to regulations adopted by the [state board of health.]
8-14 commission. The notice must specify the reasons, the legal authority and
8-15 the jurisdiction of the [health division] commission for taking the intended
8-16 action. Upon receipt of the notice, an applicant or permittee may request a
8-17 hearing, and, if so requested, the [health division] commission shall
8-18 conduct a hearing pursuant to regulations adopted by the [state board of
8-19 health.] commission. If an applicant or permittee does not request a hearing
8-20 after being notified pursuant to the provisions of this subsection, any
8-21 decision of the [health division] commission made pursuant to this section
8-22 is final and not subject to judicial review. Such notice and hearing is not
8-23 required and a permit may be summarily disapproved, revoked or
8-24 suspended by the [health division] commission if the [health division]
8-25 commission finds that, based upon the particular circumstances of the case,
8-26 it is in the best interests of the health, safety or welfare of the people of this
8-27 state to so proceed.
8-28 3. The [health division] commission may conduct the investigations,
8-29 summon and compel the attendance of witnesses, require the production of
8-30 any records or documents, and provide for the taking of depositions under
8-31 the Nevada Rules of Civil Procedure in connection with a hearing
8-32 conducted pursuant to the provisions of this section.
8-33 4. The findings of the [health division] commission and the judgment
8-34 or order must be reduced to writing and filed in the permanent public
8-35 records of the [health division.] commission. The findings must state the
8-36 reasons why the application for a permit was disapproved or the permit was
8-37 suspended or revoked. Copies must be furnished to the applicant or
8-38 permittee who may, if he requested and was given a hearing or if his
8-39 application or permit was summarily disapproved, revoked or suspended
8-40 pursuant to the provisions of subsection 2, file an appeal pursuant to
8-41 regulations adopted by the [state board of health.] commission. Upon the
8-42 filing of the appeal, the [administrator] chairman of the [health division]
8-43 commission or his designee shall appoint a person who did not participate
8-44 in the decision of the [health division] commission to conduct a hearing in
8-45 accordance with those regulations. The applicant or permittee is entitled to
8-46 judicial review of the decision of the person so appointed in the manner
8-47 provided by chapter 233B of NRS. Upon the filing for appeal or review,
8-48 the enforcement of the [health division’s] commission’s order must be
8-49 stayed pending final disposition of the matter. If the order is judicially
9-1 affirmed, it becomes final and the stay of enforcement is automatically
9-2 vacated.
9-3 5. In any case where the [health division] commission refuses to issue
9-4 a permit, or suspends or revokes a permit, the applicant or accused is
9-5 entitled to submit another application for the consideration of the [health
9-6 division.] commission.
9-7 6. The [state board of health] commission shall adopt such regulations
9-8 as are necessary to carry out the provisions of this section.
9-9 Sec. 25. NRS 584.215 is hereby amended to read as follows:
9-10 584.215 1. Except as otherwise provided in subsection 2, all testing
9-11 of milk or cream purchased on the basis of the amount of butterfat
9-12 contained therein must be done by a licensed tester, who shall supervise
9-13 and is responsible for the operation of the Babcock test of milk or cream.
9-14 2. Methods of testing such milk, other than the Babcock test, may be
9-15 used if approved by the [commissioner of food and drugs.] commission. If
9-16 such approval is given, equipment suitable for the performance of the
9-17 Babcock test must be provided and maintained.
9-18 3. A license may be issued to a tester by the [commissioner of food
9-19 and drugs. The commissioner] commission. The commission shall
9-20 examine the qualifications of the applicant for a license, and every
9-21 applicant must satisfy the [commissioner] commission of his qualifications
9-22 and comply with the provisions in NRS 584.215 to 584.285, inclusive,
9-23 before a license may be issued to him.
9-24 4. If a method of testing other than the Babcock test is used, the tester
9-25 must be licensed to perform that method of testing and the Babcock test.
9-26 Sec. 26. NRS 584.216 is hereby amended to read as follows:
9-27 584.216 1. An applicant for the issuance or renewal of a milk tester’s
9-28 license shall submit to the [commissioner of food and drugs] commission
9-29 the statement prescribed by the welfare division of the department of
9-30 human resources pursuant to NRS 425.520. The statement must be
9-31 completed and signed by the applicant.
9-32 2. The [commissioner] commission shall include the statement
9-33 required pursuant to subsection 1 in:
9-34 (a) The application or any other forms that must be submitted for the
9-35 issuance or renewal of the license; or
9-36 (b) A separate form prescribed by the [commissioner.] commission.
9-37 3. A milk tester’s license may not be issued or renewed by the
9-38 [commissioner] commission if the applicant:
9-39 (a) Fails to submit the statement required pursuant to subsection 1; or
9-40 (b) Indicates on the statement submitted pursuant to subsection 1 that he
9-41 is subject to a court order for the support of a child and is not in
9-42 compliance with the order or a plan approved by the district attorney or
9-43 other public agency enforcing the order for the repayment of the amount
9-44 owed pursuant to the order.
9-45 4. If an applicant indicates on the statement submitted pursuant to
9-46 subsection 1 that he is subject to a court order for the support of a child and
9-47 is not in compliance with the order or a plan approved by the district
9-48 attorney or other public agency enforcing the order for the repayment of
9-49 the amount owed pursuant to the order, the [commissioner] commission
10-1 shall advise the applicant to contact the district attorney or other public
10-2 agency enforcing the order to determine the actions that the applicant may
10-3 take to satisfy the arrearage.
10-4 Sec. 27. NRS 584.217 is hereby amended to read as follows:
10-5 584.217 1. If the [commissioner of food and drugs] commission
10-6 receives a copy of a court order issued pursuant to NRS 425.540 that
10-7 provides for the suspension of all professional, occupational and
10-8 recreational licenses, certificates and permits issued to a person who is the
10-9 holder of a milk tester’s license, the [commissioner] commission shall
10-10 deem the license issued to that person to be suspended at the end of the
10-11 30th day after the date on which the court order was issued unless the
10-12 [commissioner] commission receives a letter issued to the holder of the
10-13 license by the district attorney or other public agency pursuant to NRS
10-14 425.550 stating that the holder of the license has complied with the
10-15 subpoena or warrant or has satisfied the arrearage pursuant to NRS
10-16 425.560.
10-17 2. The [commissioner of food and drugs] commission shall reinstate a
10-18 milk tester’s license that has been suspended by a district court pursuant to
10-19 NRS 425.540 if the [commissioner] commission receives a letter issued by
10-20 the district attorney or other public agency pursuant to NRS 425.550 to the
10-21 person whose license was suspended stating that the person whose license
10-22 was suspended has complied with the subpoena or warrant or has satisfied
10-23 the arrearage pursuant to NRS 425.560.
10-24 Sec. 28. NRS 584.220 is hereby amended to read as follows:
10-25 584.220 1. Every creamery, shipping station, milk factory, cheese
10-26 factory, ice cream factory, condensery, or any person, firm or corporation
10-27 receiving or purchasing milk or cream on the basis of butterfat contained
10-28 therein [shall be] is required to hold a license so to do.
10-29 2. The license [shall] must be issued to [such] the creamery, shipping
10-30 station, milk factory, condensery, ice cream factory, cheese factory, or
10-31 person, firm or corporation by the [commissioner of food and drugs]
10-32 commission upon complying with all sanitary laws, rules and regulations
10-33 of the State of Nevada, and upon complying with the provisions of NRS
10-34 584.215 to 584.285, inclusive, and upon payment of a license fee as
10-35 provided in NRS 584.225.
10-36 Sec. 29. NRS 584.225 is hereby amended to read as follows:
10-37 584.225 1. The fee for issuing and renewing a milk tester’s license
10-38 [shall be] is $10 for a full year or fraction thereof.
10-39 2. All licenses required under NRS 584.215 to 584.285, inclusive,
10-40 [shall] expire at the end of each calendar year.
10-41 3. The provisions of this section [shall] do not apply to [individuals,]
10-42 natural persons, hotels, restaurants or boardinghouses buying milk or
10-43 cream for private use.
10-44 [4. All moneys received by the commissioner of food and drugs shall
10-45 be accounted for by him annually to the state treasury. Such moneys as are
10-46 received by the commissioner of food and drugs under the provisions of
10-47 NRS 584.215 to 584.285, inclusive, may be used by him for expenses
10-48 necessary or incident to the carrying into effect of NRS 584.215 to
10-49 584.285, inclusive, and for performing such duties as are required by him
11-1 thereunder. The overplus, if any, shall be paid into the state treasury
11-2 annually at the time of making his annual accounting.]
11-3 Sec. 30. NRS 584.230 is hereby amended to read as follows:
11-4 584.230 A license may be revoked by the [commissioner of food and
11-5 drugs] commission if, after due notice, the licensee fails or has failed to
11-6 comply with the laws, rules and regulations under which the license was
11-7 granted.
11-8 Sec. 31. NRS 584.235 is hereby amended to read as follows:
11-9 584.235 The [commissioner of food and drugs] commission shall
11-10 make uniform regulations for the proper enforcement of NRS 584.215 to
11-11 584.285, inclusive. The regulations must be printed in the state printing
11-12 division of the department of administration and distributed by the
11-13 [commissioner of food and drugs] commission upon application therefor to
11-14 licensed or other dairymen, creameries and other persons interested in
11-15 them.
11-16 Sec. 32. NRS 584.240 is hereby amended to read as follows:
11-17 584.240 1. A licensed tester shall, in addition to the records required
11-18 to be kept by NRS 584.215 to 584.285, inclusive, record all tests made by
11-19 him in a permanent book of record, a form for which [shall] must be
11-20 supplied at cost or approved by the [commissioner of food and drugs,]
11-21 commission, and tests [shall] must be indelibly recorded in the record book
11-22 in such a manner as to identify the patron whose milk or cream has been
11-23 tested, and also in such a manner as to prevent erasures or changes being
11-24 made in these tests.
11-25 2. The record [shall] must be at all times during business hours kept
11-26 open for inspection by the [commissioner of food and drugs or his]
11-27 commission or its agents, or by any officer of the city and county board of
11-28 health, or by any peace officer of the city, county or state, or by any patron
11-29 who may be delivering milk or cream to the plant or place where such tests
11-30 are made.
11-31 Sec. 33. NRS 584.250 is hereby amended to read as follows:
11-32 584.250 All cream sold in the State of Nevada on the basis of the
11-33 richness or the percentage of milk fat contained therein [shall] must be
11-34 tested by the Babcock test, using a procedure approved by the
11-35 [commissioner of food and drugs.] commission.
11-36 Sec. 34. NRS 584.255 is hereby amended to read as follows:
11-37 584.255 The [commissioner of food and drugs] commission shall,
11-38 from time to time, inspect and examine as to their accuracy, or their
11-39 adaptability to give accurate results, all glassware, measures, scales,
11-40 weights and other apparatus used in creameries and factories of dairy
11-41 products, where milk and cream are purchased, to determine the amount of
11-42 percentage of fat in milk or cream.
11-43 Sec. 35. NRS 584.265 is hereby amended to read as follows:
11-44 584.265 The [commissioner of food and drugs or his] commission’s
11-45 duly authorized representative or appointee shall make analyses of all
11-46 samples of milk or cream deemed necessary for the enforcement of NRS
11-47 584.215 to 584.285, inclusive.
12-1 Sec. 36. NRS 584.270 is hereby amended to read as follows:
12-2 584.270 The [commissioner of food and drugs,] commission, on
12-3 complaint of any licensed milk producer, showing good cause therefor, that
12-4 the tests made by any licensed tester are incorrect or inaccurate, shall
12-5 investigate and test milk from [such] the producer, at the source, until [he]
12-6 the commission is satisfied as to the correctness or incorrectness of [such]
12-7 the complaint.
12-8 Sec. 37. NRS 584.275 is hereby amended to read as follows:
12-9 584.275 1. It is unlawful for any person for himself or as the agent,
12-10 servant, employee or officer of any person, firm or corporation receiving or
12-11 purchasing milk or cream on the basis of the amount of butterfat contained
12-12 therein to:
12-13 (a) Underread, overread or otherwise fraudulently manipulate the
12-14 official test used for determining the percent of butterfat in milk or cream;
12-15 (b) Falsify the records thereof; or
12-16 (c) Use any other test or deviate from an accepted procedure unless it is
12-17 approved by the [commissioner of food and drugs.] commission.
12-18 2. In all tests for cream, the cream must be weighed into the bottle
12-19 used for testing.
12-20 Sec. 38. NRS 584.325 is hereby amended to read as follows:
12-21 584.325 As used in NRS 584.325 to 584.690, inclusive, unless the
12-22 context otherwise requires, the words and terms defined in NRS [584.330]
12-23 584.335 to 584.385, inclusive, have the meanings ascribed to them in those
12-24 sections.
12-25 Sec. 39. NRS 584.410 is hereby amended to read as follows:
12-26 584.410 The purposes of NRS 584.325 to 584.690, inclusive, are:
12-27 1. To provide [funds] money for the administration and enforcement
12-28 of [NRS 584.325 to 584.690, inclusive,] the provisions of this chapter by
12-29 assessments to be paid by producers of fluid milk or fluid cream, or both,
12-30 and from licenses issued to distributors in the manner prescribed herein.
12-31 2. To authorize and enable the commission to prescribe marketing
12-32 areas and to fix prices at which fluid milk or fluid cream, or both, may be
12-33 sold by producers, distributors and retailers, which areas and prices are
12-34 necessary due to varying factors of costs of production, health regulations,
12-35 transportation and other factors in the marketing areas of this state , [;] but
12-36 the price of fluid milk or fluid cream within any marketing area [shall]
12-37 must be uniform for all purchasers of fluid milk or fluid cream of similar
12-38 grade or quality under like terms and conditions.
12-39 3. To authorize and enable the commission to formulate stabilization
12-40 and marketing plans subject to the limitations prescribed in NRS 584.325
12-41 to 584.690, inclusive, with respect to the contents of [such] the
12-42 stabilization and marketing plans and to declare [such] the plans in effect
12-43 for any marketing area.
12-44 4. To enable the dairy industry with the aid of the state to correct
12-45 existing evils, develop and maintain satisfactory marketing conditions, and
12-46 bring about a reasonable amount of stability and prosperity in the
12-47 production and marketing of fluid milk and fluid cream.
13-1 Sec. 40. NRS 584.440 is hereby amended to read as follows:
13-2 584.440 1. The members of the commission shall meet at least once
13-3 each month and may meet at the call of the chairman or at the request of a
13-4 majority of the members of the commission.
13-5 2. The commission shall conduct all hearings authorized pursuant to
13-6 [NRS 584.325 to 584.690, inclusive.] the provisions of this chapter.
13-7 3. A majority of the members constitutes a quorum and a majority vote
13-8 of the commission is required on all action taken by the commission.
13-9 4. The commission may retain an attorney to assist the commission in
13-10 the administration of its duties.
13-11 Sec. 41. NRS 584.455 is hereby amended to read as follows:
13-12 584.455 1. The commission shall appoint an executive director, who
13-13 shall serve ex officio as its secretary.
13-14 2. The executive director may appoint such assistants, deputies, agents,
13-15 experts and other employees as are necessary for the administration of
13-16 [NRS 584.325 to 584.690, inclusive,] the provisions of this chapter,
13-17 prescribe their duties and fix their salaries.
13-18 3. The executive director is in the unclassified service of the state. All
13-19 assistants, deputies, agents, experts and other employees are in the
13-20 classified service.
13-21 4. The executive director may be removed by the commission.
13-22 Sec. 42. NRS 584.460 is hereby amended to read as follows:
13-23 584.460 1. There is hereby created in the state treasury a special
13-24 revenue fund designated as the dairy commission fund. [All] Except as
13-25 otherwise required in NRS 584.670, all money received by the
13-26 commission pursuant to [NRS 584.325 to 584.690, inclusive,] the
13-27 provisions of this chapter must be paid into the fund and must be
13-28 expended solely for the [enforcement of NRS 584.176 to 584.179,
13-29 inclusive, and 584.325 to 584.690, inclusive.] administration and
13-30 enforcement of the provisions of this chapter.
13-31 2. The interest and income earned on the money in the dairy
13-32 commission fund, after deducting any applicable charges, must be credited
13-33 to the fund.
13-34 Sec. 43. NRS 584.470 is hereby amended to read as follows:
13-35 584.470 1. For the purposes of [NRS 584.325 to 584.690, inclusive,]
13-36 this chapter, the commission may hold hearings, administer oaths, certify
13-37 to official acts, take depositions, issue subpoenas, summon witnesses and
13-38 examine the books and records of any producer, distributor or retailer.
13-39 Such an examination may be made at any reasonable time or place by the
13-40 commission or any agent of the commission.
13-41 2. The district court for the county in which any investigation is being
13-42 conducted by the commission may compel the attendance of witnesses, the
13-43 giving of testimony and the production of books and papers as required by
13-44 any subpoena issued by the commission.
13-45 3. In case of the refusal of any witness to attend or testify or produce
13-46 any papers required by such subpoena, the commission may report to the
13-47 district court for the county in which the investigation is pending by
13-48 petition, setting forth:
14-1 (a) That due notice has been given of the time and place of attendance
14-2 of the witness or the production of the books and papers;
14-3 (b) That the witness has been subpoenaed in the manner prescribed in
14-4 this chapter; and
14-5 (c) That the witness has failed and refused to attend or produce the
14-6 papers required by subpoena before the commission in the investigation
14-7 named in the subpoena, or has refused to answer questions propounded to
14-8 him in the course of such investigation,
14-9 and asking an order of the court compelling the witness to attend and
14-10 testify or produce the books or papers before the commission.
14-11 4. The court, upon petition of the commission, shall enter an order
14-12 directing the witness to appear before the court at a time and place to be
14-13 fixed by the court in such order, the time to be not more than 10 days from
14-14 the date of the order, and then and there show cause why he has not
14-15 attended or testified or produced the books or papers before the
14-16 commission. A certified copy of the order [shall] must be served upon the
14-17 witness. If it [shall appear] appears to the court that the subpoena was
14-18 regularly issued by the commission, the court shall thereupon enter an
14-19 order that the witness appear before the commission at the time and place
14-20 fixed in the order and testify or produce the required books or papers, and
14-21 upon failure to obey the order, the witness [shall] must be dealt with as for
14-22 contempt of court.
14-23 Sec. 44. NRS 584.495 is hereby amended to read as follows:
14-24 584.495 The commission shall enforce the provisions of [NRS
14-25 584.325 to 584.690, inclusive,] this chapter and any stabilization and
14-26 marketing plan initiated pursuant to the provisions of [those sections.] NRS
14-27 584.325 to 584.690, inclusive.
14-28 Sec. 45. NRS 584.500 is hereby amended to read as follows:
14-29 584.500 The commission is hereby declared to be the instrumentality
14-30 of this state for the purpose of administering and enforcing the provisions
14-31 of [NRS 584.325 to 584.690, inclusive,] this chapter and to execute the
14-32 legislative intent [herein expressed,] expressed in this chapter, and is
14-33 hereby vested with the administrative authority described in [NRS 584.325
14-34 to 584.690, inclusive.] this chapter.
14-35 Sec. 46. NRS 584.543 is hereby amended to read as follows:
14-36 584.543 Constables, police officers and sheriffs may , upon request,
14-37 render assistance to the commission, any member of the commission or any
14-38 authorized representative of the commission, in the enforcement of the
14-39 provisions of [NRS 584.325 to 584.690, inclusive, upon request.] this
14-40 chapter.
14-41 Sec. 47. NRS 584.573 is hereby amended to read as follows:
14-42 584.573 1. A distributor shall not sell a substitute dairy product, as
14-43 defined in NRS 584.176, below its cost to him.
14-44 2. A distributor who sells or distributes a substitute dairy product shall
14-45 file with the commission a statement of the cost of the substitute dairy
14-46 product to him. The statement must be supplemented periodically as
14-47 required by regulations adopted by the [state dairy] commission. The
14-48 commission shall keep all statements confidential except when used in a
15-1 judicial proceeding or an administrative proceeding relating to the
15-2 provisions of this chapter.
15-3 Sec. 48. NRS 584.630 is hereby amended to read as follows:
15-4 584.630 [1. A distributor who is subject to any stabilization and
15-5 marketing plan as established by the commission shall:
15-6 (a) Pay to the commission an assessment of one-half cent per pound of
15-7 milk fat contained in all fluid milk or fluid cream, or both, produced by
15-8 him or purchased from a producer in this state;
15-9 (b) Deduct from any payment due a producer in this state and pay to the
15-10 commission an assessment of one-half cent per pound of milk fat contained
15-11 in all fluid milk or fluid cream, or both, purchased from that producer, and
15-12 pay to the commission the same amount on the same material if produced
15-13 by the distributor; and
15-14 (c) Pay to the commission an assessment of 1 cent per pound of milk fat
15-15 contained in all fluid milk or fluid cream, or both, imported into this state
15-16 in bulk or as finished products and not otherwise subject to assessment.
15-17 2. The assessments received by the commission must be used in the
15-18 administration and enforcement of NRS 584.325 to 584.690, inclusive.]
15-19 The commission shall assess each distributor of fluid milk or fluid cream
15-20 a sum not exceeding one-quarter cent per pound on all fluid milk or fluid
15-21 cream distributed by the distributor.
15-22 Sec. 49. NRS 584.633 is hereby amended to read as follows:
15-23 584.633 1. The commission shall assess each distributor of butter a
15-24 sum not exceeding 2 cents per pound on all butter distributed by the
15-25 distributor.
15-26 2. [Except as otherwise provided in subsection 3, the] The commission
15-27 shall assess all distributors of fresh dairy products a sum not exceeding 4
15-28 cents per gallon on all ice cream, sherbet or ice cream or ice milk mixes,
15-29 and a sum not exceeding 2 cents per pound on all cottage cheese and
15-30 yogurt distributed by the distributors.
15-31 [3. In determining the amount to be assessed a distributor pursuant to
15-32 subsection 2, the commission shall credit the distributor with any amount
15-33 which, pursuant to paragraph (a) or (c) of subsection 1 of NRS 584.630,
15-34 was assessed and paid upon fluid milk and fluid cream which was then
15-35 used in manufacturing the product subject to the assessment prescribed in
15-36 subsection 2.]
15-37 Sec. 50. NRS 584.635 is hereby amended to read as follows:
15-38 584.635 1. The commission may lower the rate of any assessment
15-39 required to be paid under NRS 584.630 or 584.633, whenever it finds that
15-40 the cost of administering the provisions of [NRS 584.325 to 584.690,
15-41 inclusive,] this chapter can be defrayed from revenues derived from the
15-42 lower rates.
15-43 2. A distributor shall pay the amount of the assessment to the
15-44 commission on or before the 15th of the month following the month during
15-45 which the fluid milk or fluid cream was received or the butter or fresh dairy
15-46 product was distributed. If the assessment for the month is less than $3, the
15-47 distributor may delay payment for 3 months or until the cumulative
15-48 assessments are $3 or more, whichever occurs first.
16-1 3. If payments of assessments are not made as provided in subsection
16-2 2, the commission shall charge, as a penalty for the late payment, the
16-3 amount of $10 or [1 percent per month] 10 percent of the total amount due
16-4 but remaining unpaid, whichever is greater.
16-5 Sec. 51. NRS 584.660 is hereby amended to read as follows:
16-6 584.660 1. The commission shall, within 30 days [prior to] before
16-7 each general session of the legislature, submit to the governor a full and
16-8 true report of the transactions [under NRS 584.325 to 584.690, inclusive,]
16-9 pursuant to this chapter during the preceding biennium, including a
16-10 complete statement of receipts and expenditures during [such] that period,
16-11 together with its legislative recommendations.
16-12 2. This report is a public record and must be made available for
16-13 public inspection within a reasonable time after it is submitted to the
16-14 governor.
16-15 Sec. 52. NRS 584.665 is hereby amended to read as follows:
16-16 584.665 In addition to the compilation of information pertaining to
16-17 fluid milk and fluid cream from the reports required by NRS 584.325 to
16-18 584.690, inclusive, the commission shall collect, assemble, compile and
16-19 distribute statistical data relative to fluid milk, fluid cream, other milk and
16-20 milk products, and such other information as may relate to the dairy
16-21 industry and the provisions of [NRS 584.325 to 584.690, inclusive.] this
16-22 chapter. For the purposes of this section, the commission may require such
16-23 information as it deems necessary from distributors, producers, cooperative
16-24 associations of producers, retailers and others who are engaged in the
16-25 production, sale, distribution, handling or transportation of fluid milk, fluid
16-26 cream or other dairy products.
16-27 Sec. 53. NRS 584.670 is hereby amended to read as follows:
16-28 584.670 1. The violation of any provision of NRS 584.325 to
16-29 584.690, inclusive, or of any stabilization and marketing plan, including
16-30 any price requirements of such a plan, or of any of the unfair practice
16-31 provisions set forth in [such] those sections, is a misdemeanor, and also is
16-32 ground for revocation or suspension of a license in the manner set forth in
16-33 NRS 584.325 to 584.690, inclusive.
16-34 2. Every distributor [must] shall pay for fluid milk or fluid cream
16-35 delivered to him or it at the time and in the manner specified in the contract
16-36 with the producer. Failure to make such a payment is ground for refusal,
16-37 suspension or revocation of a license in the manner set forth in NRS
16-38 584.325 to 584.690, inclusive.
16-39 3. In addition to any other penalty provided by NRS 584.325 to
16-40 584.690, inclusive, the commission may impose a penalty of not more than
16-41 $1,000 for each violation, to be recovered by the commission in a civil
16-42 action in a court of competent jurisdiction. All sums recovered under this
16-43 subsection must be deposited with the state treasurer [to the credit of the
16-44 dairy commission fund and expended solely for the enforcement of NRS
16-45 584.325 to 584.690, inclusive.] for credit to the state general fund.
16-46 Sec. 54. NRS 584.675 is hereby amended to read as follows:
16-47 584.675 1. The commission may refuse to grant any license herein
16-48 provided and may revoke or suspend any such license as the case may
16-49 require when it is satisfied that any applicant or licensee has violated any
17-1 provision of [NRS 584.325 to 584.690, inclusive;] this chapter, but no
17-2 order [shall] may be made refusing, revoking or suspending any license
17-3 except after hearing upon at least 10 days’ notice to the applicant or
17-4 licensee.
17-5 2. The decision may include an order refusing, revoking or suspending
17-6 the license applied for or held by the respondent, or fixing such other
17-7 conditional and probationary orders as may be proper for the enforcement
17-8 of [NRS 584.325 to 584.690, inclusive.] this chapter.
17-9 3. After any decision, including any conditional or probationary
17-10 orders, should the respondent fail, refuse or neglect to comply with any
17-11 such orders, the commission may suspend or revoke the license in
17-12 accordance with the procedure provided in this section.
17-13 4. Previous violation by any applicant or by any person connected with
17-14 the applicant of any provision of [NRS 584.325 to 584.690, inclusive, shall
17-15 be good and sufficient] this chapter is ground for denial, revocation or
17-16 suspension of a license.
17-17 Sec. 55. NRS 439.240 is hereby amended to read as follows:
17-18 439.240 1. The University of Nevada School of Medicine shall
17-19 maintain the state hygienic laboratory, heretofore established pursuant to
17-20 the provisions of chapter 230, Statutes of Nevada 1909, and may establish
17-21 and maintain such branch laboratories as may be necessary.
17-22 2. The purpose of the state hygienic laboratory is:
17-23 (a) To make available, at such charges as may be [determined upon,]
17-24 established, to health officials , the state dairy commission and licensed
17-25 physicians of the state , proper laboratory facilities for the prompt
17-26 diagnosis of communicable diseases.
17-27 (b) To make necessary examinations and analyses of water, natural ice,
17-28 sewage, milk, food and clinical material.
17-29 (c) To conduct research into the nature, cause, diagnosis and control of
17-30 diseases.
17-31 (d) To undertake such other technical and laboratory duties as are in the
17-32 interest of the health of the general public.
17-33 3. The person in charge of the state hygienic laboratory, or his
17-34 designee, must be a skilled bacteriologist.
17-35 4. The person in charge of the state hygienic laboratory may have such
17-36 technical assistants as that person, in cooperation with the University of
17-37 Nevada School of Medicine, considers necessary.
17-38 5. Reports of investigations conducted at the state hygienic laboratory
17-39 may be published from time to time in bulletins and circulars.
17-40 Sec. 56. NRS 439.540 is hereby amended to read as follows:
17-41 439.540 Nothing contained in this chapter [shall] may be construed as
17-42 modifying or altering the powers conferred by law upon the commissioner
17-43 of food and drugs with respect to the adulteration, mislabeling or
17-44 misbranding of foods, drugs, medicines and liquors, or the powers
17-45 conferred by law upon the state dairy commission with respect to the
17-46 weighing and testing of dairy products to prevent fraud.
17-47 Sec. 57. NRS 584.330 and 584.545 are hereby repealed.
18-1 Sec. 58. Any administrative regulations governing milk or milk
18-2 products adopted by the state board of health, the commissioner of food
18-3 and drugs or the health division of the department of human resources,
18-4 shall be deemed to have been adopted by the state dairy commission of the
18-5 department of business and industry and remain in effect until amended or
18-6 repealed by the commission.
18-7 Sec. 59. 1. This section becomes effective upon passage and
18-8 approval.
18-9 2. Sections 1 to 47, inclusive, and 51 to 58, inclusive, of this act
18-10 become effective upon passage and approval for the purpose of adopting
18-11 regulations and conducting any preliminary activities necessary to carry
18-12 out the provisions of this act in a timely manner,
and on
January 1, 2002, for all other purposes.
18-13 3. Sections 48, 49, and 50 of this act become effective on July 1, 2001.
18-14 TEXT OF REPEALED SECTIONS
18-15 584.330 “Commission” defined. “Commission” means the state
18-16 dairy commission.
18-17 584.545 Disposition of money. All money received by the
18-18 commission pursuant to this chapter must be paid into the state
18-19 treasury to the credit of the dairy commission fund.
18-20 H