Assembly Bill No. 111–Committee on
Health and Human Services

 

(On Behalf of the Dairy Commission)

 

February 13, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes related to processing and sale of dairy products. (BDR 51‑539)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to dairy products; revising provisions relating to fees imposed by the State Dairy Commission and the issuance of licenses and permits; revising provisions concerning retention of certain records by pasteurizing plants; revising provisions governing the processing and sale of milk and cream; requiring disclosure of certain governmental actions against licensed distributors and applicants for licensure as distributors; and providing other matters properly relating thereto.

 

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

1-2  thereto the provisions set forth as sections 2 to 5, inclusive, of this

1-3  act.

1-4  Sec. 2.  “Dairy foods manufacturing plant” means:

1-5  1.  Any place, structure or building where milk or other dairy

1-6  products are received or handled for manufacturing or prepared

1-7  for distribution, or both;

1-8  2.  When used with regard to the production, transportation,

1-9  grading or use of milk, any plant that handles or purchases milk

1-10  for manufacturing purposes; and

2-1  3.  When used with regard to licensing, permitting or other

2-2  regulatory requirements, only those plants that manufacture dairy

2-3  products, including ice cream, butter, natural cheese, processed

2-4  cheese, dry milk products, dry whey, evaporated milk products,

2-5  condensed milk products and such other products for human

2-6  consumption as may otherwise be designated.

2-7  Sec. 3.  “Single-service plant” means a place, structure or

2-8  building where a person engages in the business of manufacturing

2-9  a single-service container or closure for use by a milk plant for the

2-10  packaging of finished Grade A milk or milk products.

2-11      Sec. 4.  A dairy foods manufacturing plant shall not receive

2-12  for sale, produce, sell, offer for sale or have in storage any

2-13  manufactured dairy product if the plant does not possess a permit

2-14  from the Commission. Such a permit is not transferable.

2-15      Sec. 5.  1.  The Commission shall charge and collect the

2-16  following annual fees:

2-17      (a) For a dairy that produces:

2-18          (1) One thousand gallons or less per day.......................... $75

2-19          (2) At least 1,001 but not more than 3,000 gallons

2-20  per day..................................................................    100

2-21          (3) More than 3,000 gallons per day150

2-22      (b) For a milk plant that produces:

2-23          (1) Less than 2,000 gallons per day150

2-24          (2) At least 2,000 but not more than 10,000 gallons

2-25  per day..................................................................    300

2-26          (3) More than 10,000 gallons per day500

2-27      (c) For a dairy foods manufacturing plant that is:

2-28          (1) Less than 1,000 square feet........ 150

2-29          (2) At least 1,000 but not more than 3,000 square feet... 180

2-30          (3) At least 3,001 but not more than 5,000 square feet... 230

2-31          (4) More than 5,000 square feet...... 280

2-32      (d) For a single-service plant............... 115

2-33      (e) For a hauler of milk........................... 20

2-34      (f) For a milk tank truck......................... 65

2-35      2.  The Commission shall charge the following fees for the

2-36  review of plans for dairies, dairy foods manufacturing plants and

2-37  milk plants:

2-38      (a) For a plan for a new facility, $200 plus an amount equal to

2-39  the fee for an annual permit for a facility of that kind.

2-40      (b) For a plan to remodel a facility which has a permit, $50

2-41  plus an amount equal to one-half of the fee for an annual permit

2-42  to operate the facility after the remodeling.

2-43      Sec. 6.  NRS 584.001 is hereby amended to read as follows:

2-44      584.001  As used in this chapter, unless the context otherwise

2-45  requires, the words and terms defined in NRS 584.005 and 584.007 ,

3-1  and sections 2 and 3 of this act have the meanings ascribed to them

3-2  in those sections.

3-3  Sec. 7.  NRS 584.067 is hereby amended to read as follows:

3-4  584.067  1.  The Commission may adopt and enforce

3-5  regulations to carry out the provisions of this chapter.

3-6  2.  The Commission shall adopt regulations establishing

3-7  procedures for:

3-8  (a) Its administration and government;

3-9  (b) The formation and adoption of stabilization and marketing

3-10  plans;

3-11      (c) The conduct of its public hearings;

3-12      (d) The manner in which information relating to costs required

3-13  of producers, distributors and retailers is determined and presented

3-14  to the Commission; and

3-15      (e) Classifying fluid milk products into [three] separate classes.

3-16      Sec. 8.  NRS 584.079 is hereby amended to read as follows:

3-17      584.079  1.  The Commission may refuse to grant any license

3-18  [herein] or permit provided in this chapter and may revoke or

3-19  suspend any such license or permit as the case may require when it

3-20  is satisfied that [any applicant or] an applicant, a licensee or a

3-21  permit holder has violated any provision of this chapter, but no

3-22  order may be made refusing, revoking or suspending any license or

3-23  permit except after hearing upon at least 10 days’ notice to the

3-24  applicant [or licensee.] , licensee or permit holder, as appropriate.

3-25      2.  The decision may include an order refusing, revoking or

3-26  suspending the license or permit applied for or held by the

3-27  respondent, or fixing such other conditional and probationary orders

3-28  as may be proper for the enforcement of this chapter.

3-29      3.  After any decision, including any conditional or

3-30  probationary orders, should the respondent fail, refuse or neglect to

3-31  comply with any such orders, the Commission may suspend or

3-32  revoke the license or permit in accordance with the procedure

3-33  provided in this section.

3-34      4.  Previous violation by any applicant or by any person

3-35  connected with the applicant of any provision of this chapter is

3-36  ground for denial, revocation or suspension of a license[.] or

3-37  permit.

3-38      Sec. 9.  NRS 584.145 is hereby amended to read as follows:

3-39      584.145  Pasteurizing plants [shall] must be equipped with a

3-40  self-registering device for [record of] recording the time and

3-41  temperature of pasteurizing. Such a record [shall] must be kept for

3-42  [2] at least 6 months and [shall] must be available for inspection by

3-43  any health officer or person charged with the enforcement of NRS

3-44  584.110 to 584.160, inclusive.

 

4-1  Sec. 10.  NRS 584.250 is hereby amended to read as follows:

4-2  584.250  All cream sold in the State of Nevada on the basis of

4-3  the richness or the percentage of milk fat contained therein must be

4-4  tested by the Babcock test[, using a procedure] or any other testing

4-5  equipment or procedures approved by the Commission.

4-6  Sec. 11.  NRS 584.595 is hereby amended to read as follows:

4-7  584.595  1.  No distributor may deal in fluid milk, fluid cream

4-8  or any other dairy product without first having obtained a license

4-9  from the Commission.

4-10      2.  The license required by this section is in addition to any

4-11  license otherwise required by law.

4-12      3.  Application for a license must be made on forms prescribed

4-13  by the Commission, accompanied by a fee of $25 and must state the

4-14  name and address of the applicant and such details as to the nature

4-15  of the applicant’s business as the Commission may require. The

4-16  applicant [shall] must satisfy the Commission:

4-17      (a) Of the applicant’s good faith, character and responsibility in

4-18  seeking to carry on the business stated in the application. The

4-19  applicant shall furnish the Commission with information

4-20  regarding all civil or criminal actions brought by any

4-21  governmental agency against the applicant, or any member of the

4-22  senior management of the applicant, within the most recent 10

4-23  years, where the character or reputation for honesty, competence

4-24  or integrity of the applicant or any member of the senior

4-25  management of the applicant was brought into question,

4-26  regardless of whether the action resulted in a reprimand, fine,

4-27  penalty or conviction.

4-28      (b) That the applicant has complied with the provisions of this

4-29  chapter and the regulations adopted by the Commission.

4-30      4.  Licenses must be issued for a 12-month period [of 12

4-31  months] from the 1st day of each year or for the remainder of the

4-32  calendar year from the date of issuance. A license issued pursuant

4-33  to this section is not transferable.

4-34      5.  Application for renewal of a license for the following year

4-35  by a licensee, accompanied by the fee of $25, must be submitted to

4-36  the Commission before the expiration date of the license held, and if

4-37  not so made, the applicant shall pay an additional sum equal to the

4-38  application fee before the license may be issued.

4-39      6.  Application for an amendment to an existing license must be

4-40  accompanied by a fee of $25 and made upon forms prescribed by

4-41  the Commission.

4-42      7.  If a civil or criminal action is brought by any governmental

4-43  agency against a licensee, or any member of the senior

4-44  management of the licensee, where the character or reputation for

4-45  honesty, competence or integrity of the licensee or any member of

5-1  the senior management of the licensee is brought into question,

5-2  the licensee shall immediately notify the Commission and provide

5-3  the Commission with information regarding that action.

5-4  Sec. 12.  NRS 584.649 is hereby amended to read as follows:

5-5  584.649  1.  The Commission may lower the rate of any

5-6  assessment required to be paid under NRS 584.647 or 584.648,

5-7  whenever it finds that the cost of administering the provisions of

5-8  this chapter can be defrayed from revenues derived from the lower

5-9  rates.

5-10      2.  A distributor shall pay the amount of the assessment to the

5-11  Commission on or before the [15th] 20th of the month following the

5-12  month during which the fluid milk , [or] fluid cream , [was received

5-13  or the] butter or fresh dairy product was distributed. If the payment

5-14  is sent by mail, it is subject to the provisions of NRS 238.100. If the

5-15  assessment for the month is less than $3, the distributor may delay

5-16  payment for 3 months or until the cumulative assessments are $3 or

5-17  more, whichever occurs first.

5-18      3.  If payments of assessments are not made as provided in

5-19  subsection 2, the Commission shall charge, as a penalty for the late

5-20  payment, the amount of $10 or 10 percent of the total amount due

5-21  but remaining unpaid, whichever is greater.

 

5-22  H