[Rev. 11/22/2013 9:45:34 AM--2013]

[NAC-584 Revised Date: 8-12]

CHAPTER 584 - DAIRY PRODUCTS AND SUBSTITUTES

GENERAL PROVISIONS

584.005            Definitions.

584.0055          “Commission” defined.

584.0063          “Dairy foods manufacturing plant” defined.

584.0067          “Dairy products” defined.

584.007            “Department” defined.

584.0075          “Executive Director” defined.

584.0085          “Hoofed mammal” defined.

584.009            “Misbranded” defined.

584.0095          “Fluid cream,” “fluid milk” and “fresh dairy products” interpreted.

584.0103          Adoption by reference of standards of identity for certain dairy products.

584.0107          Conformity with definitions and standards of identity in Code of Federal Regulations.

MANUFACTURED DAIRY PRODUCTS

584.0111          Definitions.

584.0141          “Dairy farm” defined.

584.01415        “Dairy products” defined.

584.0151          “Frozen dessert” defined.

584.02415        Adoption by reference of certain sections of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements.

584.03515        Construction, remodeling or alteration of dairy farm or dairy foods manufacturing plant.

584.0361          Labels.

584.0371          Permit required; qualifications; transferability.

584.0381          Suspension, revocation and reissuance of permits.

584.0386          Procedure for review of actions taken by Commission; appeals.

584.0421          Sales of adulterated or misbranded manufactured dairy products.

584.0541          Control of products from points beyond routine inspection.

584.0551          Severability.

RAW MILK

General Provisions

584.1611          Definitions.

584.1621          “Adulterated” defined.

584.1631          “Bottling plant” defined.

584.1641          “Certified milk” defined.

584.1741          “Certified raw milk” defined.

584.1821          “Official laboratory” defined.

Standards

584.2011          Bacteriological and chemical standards.

584.2021          Local standards; adulteration and misbranding.

Permits; Tests

584.2031          Permit to produce certified raw milk.

584.2041          Permit to weigh, measure and sample milk; permit to haul milk.

584.2051          Inspections by Commission.

584.2061          Second inspection; suspension or revocation of permit.

584.2071          Report of inspection.

584.2081          Access to facilities and records.

584.2091          Samples of certified raw milk and its products.

584.2111          Confirmatory and screening tests for somatic cells.

584.2121          Sale of milk if antibiotic test is positive.

584.2131          Examinations and tests to detect adulterants.

584.2141          Monthly tests.

584.2151          Bioassays and tests for pesticides.

Facilities for Production

584.2161          Approval of plans and designs.

584.2171          Construction of milking barn, stable or parlor.

584.2181          Storage and disposal of waste.

584.2191          Cleanliness of milking barns, stables and parlors.

584.2211          Requirements applicable to barnyards.

584.2221          Separate rooms in milkhouse.

584.2231          Walls, ceilings and floors of milkhouse.

584.2241          Lighting and ventilation in milkhouse.

584.2251          Openings in milkhouse.

584.2261          Location of milking stalls and bulk tank.

584.2271          Supply of water to milkhouse.

584.2281          Facilities for washing equipment.

584.2291          Cleanliness of milkhouse.

584.2311          Toilets, handwashing facilities.

584.2321          Construction of containers, equipment and utensils.

584.2331          Cleaning of containers, equipment and utensils.

584.2341          Milking.

584.2351          Transfer of milk.

584.2361          Thermometers for milk tanks.

584.2371          Standards for recording thermometers.

584.2381          Operation of agitator.

584.2391          Emergencies which may vary temperature.

584.2411          Capability of refrigeration in bulk milk tank.

584.2421          Rooms in which certified raw milk is handled.

584.2431          Separate rooms in bottling or packaging plant.

584.2441          Toilet facilities and sewage disposal.

584.2451          Supply of water to milk plants.

584.2461          Handwashing facilities.

584.2471          Cleanliness of bottling plant.

584.2481          Sanitary piping.

584.2491          Construction and repair of containers and equipment.

584.2511          Cleaning and sanitizing of containers and equipment.

584.2521          Residual bacteria in container.

584.2531          Detection of contaminants.

584.2541          Device for recording temperature in cleaning systems.

584.2551          Storage of containers, equipment and utensils.

584.2561          Protection from contamination.

584.2571          Bottling and packaging.

584.2581          Cooling.

584.2591          Vehicles for transporting certified raw milk.

584.2611          Surroundings.

Labeling

584.2621          Labeling of containers.

584.2631          Date product to be withdrawn from sale.

584.2641          Date respecting assurance of quality: General requirements.

584.2651          Date respecting assurance of quality: Location.

584.2661          Removal of product from sale before date respecting assurance of quality.

584.2671          Deviation.

Diseases

584.2691          Illness of employee or resident.

584.2711          Employee to report illness.

584.2731          Records of hoofed mammals.

584.2741          Isolation of herds.

584.2751          Udders of hoofed mammals.

584.2761          Examination by veterinarian.

584.2771          Tuberculosis.

584.2781          Brucellosis.

584.2791          Salmonella.

584.2811          Mastitis and abnormal milk.

584.2821          Commission may require tests or examinations.

584.2831          Sickness or death in herd.

584.2841          Tests performed at owner’s expense.

Miscellaneous Provisions

584.2851          Use and disclosure of information prohibited.

584.2855          Prohibited transactions involving lactating hoofed mammals.

584.2861          Enforcement.

584.2871          Violations.

584.2876          Procedure for review of actions taken by Commission; appeals.

584.2881          Severability.

MILK AND MILK PRODUCTS

General Provisions

584.3001          Adoption by reference of certain federal publications.

584.4071          Fees.

584.4321          Dates respecting assurance of quality.

Diseases

584.4551          General requirements.

584.4561          Brucellosis.

584.4571          Tuberculosis.

584.4581          Other infections.

STABILIZATION AND MARKETING PLAN

General Provisions

584.5551          Definitions.

584.5554          “Advanced pricing factors” defined.

584.5561          “Bona fide charity” defined.

584.5565          “Class I,” “Class II” and “Class III” defined.

584.5567          “Class differential” defined.

584.5572          “Component prices” defined.

584.5591          “Home delivery” defined.

584.5631          “Milk fat” and “butterfat” defined.

584.5641          “Peddler-distributor” defined.

584.5662          “Plant loss” defined.

584.5671          “Processing distributor” defined.

584.5691          “Retail distributor” defined.

584.5711          “Skim milk” defined.

584.5731          “Surplus” defined.

584.5741          “Usage” defined.

584.5751          “Wholesale customer” defined.

584.5762          Applicability.

584.5772          Liability for violation of plan by agent or employee.

584.5782          Retention of records.

584.5792          Report of distributor’s monthly remittance.

Unfair Practices

584.5911          Extension of credit by distributor.

584.5922          Sale of dairy product by processing distributor at price below cost prohibited.

584.5941          Prohibition on sales by distributors to certain wholesale customers.

584.5971          Loans to wholesale customers by distributors.

584.5976          Satisfaction of debt of wholesale customer.

584.5981          Payment by distributor on behalf of wholesale customer or another distributor prohibited.

584.5986          Prohibition against requiring wholesale customer to purchase dairy products customer is unable to sell at retail.

584.5991          Wholesale customer required to pay amount owed to distributor upon discontinuing purchase of dairy products.

584.6011          Payment to distributor by peddler-distributor when service is discontinued.

584.6041          Limitations on samples given to customers by distributors.

584.6051          Distributor not required to furnish or perform service upon any equipment.

584.6061          Sales of merchandise other than dairy products to wholesale customers by distributors.

584.6071          Contract for sale or lease of property between distributor and wholesale customer.

584.6082          Participation by wholesale customer in profits or losses of distributor.

584.6092          Additional prohibited practices; discounts.

Licensing of Distributors

584.6121          Applicant for distributor’s license: Qualifications.

584.6131          Application for distributor’s license: Required information.

584.6161          Distributor’s license: Consideration at public meeting; appearance by applicant.

584.6171          Distributor’s license: Factors for denial.

584.6177          Distributor’s license: Issuance of temporary permit by Executive Director; notice of cancellation of permit.

584.6181          Distributor’s license: Amendment to include new brand or label.

584.6187          Distributor’s license: Revocation, suspension or refusal to renew.

584.6191          Distributor’s license for retail store.

584.6201          Distributor’s license: Nontransferable; expiration upon change of ownership of licensee.

Statements of Costs

584.6261          Processing distributor required to file statement.

584.6281          Statement as prima facie evidence of costs.

584.6311          New products or operations.

584.6331          Peddler-distributors and retail distributors required to file statement.

584.6351          Required contents.

584.6362          Determination of costs.

Requirements for Distributors

584.6392          Distributor’s price list: Retail prices; distributor’s or dock prices.

584.6397          Distributor’s price list: Contents; confidentiality.

584.6412          List of wholesale customers.

584.6417          Monthly usage report of distributor.

584.6422          Adoption by reference of standards for determining weight of fluid milk or fluid cream.

Producer Determinations

584.6432          Monthly usage report of producer.

584.6437          Monthly reports by cooperative associations.

Contracts for Sale of Milk

584.6452          Distributor’s contract: Optional provisions.

584.6457          Written contract required for certain purchases by distributor.

584.6467          Producer’s contract: Optional provisions.

Establishment of Prices for Dairy Products

584.6482          Establishment of minimum price for fluid milk and fluid cream to be paid to producer by distributor.

584.6487          Pricing by producer for Class I usage.

584.6507          Minimum markup of butter, milk and fresh dairy by-products by retailers; reduction of markup.

Marketing Areas

584.6542          Designation.

Penalties

584.6712          Factors considered in imposition of civil penalty.

PRACTICE BEFORE THE STATE DAIRY COMMISSION

584.9011          Scope; construction.

584.9041          Chair.

584.9101          Complaint.

584.9112          Answer.

584.9121          Representation of parties.

584.9131          Service upon attorney.

584.9142          Subpoenas.

584.9312          Show cause orders.

584.9322          Stipulations.

 

 

584.9331          Failure to appear.

584.9371          Consolidation.

584.9391          Briefs.

 

GENERAL PROVISIONS

      NAC 584.005  Definitions. (NRS 584.067)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 584.0055 to 584.009, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Health, 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.0055  “Commission” defined. (NRS 584.067)  “Commission” means the State Dairy Commission created pursuant to NRS 584.031.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0063  “Dairy foods manufacturing plant” defined. (NRS 584.067)  “Dairy foods manufacturing plant” means any place or establishment where dairy products are received or handled for processing or manufacturing, or are prepared for distribution.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0067  “Dairy products” defined. (NRS 584.067)  Except as otherwise provided in NAC 584.01415, “dairy products” includes any product manufactured from milk or any derivative or product of milk which is intended for human consumption.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; A by R082-11, 5-30-2012)

      NAC 584.007  “Department” defined. (NRS 584.067)  “Department” means the State Department of Agriculture.

     (Added to NAC by Bd. of Health, eff. 10-30-97)

      NAC 584.0075  “Executive Director” defined. (NRS 584.067)  “Executive Director” means the Executive Director of the Commission.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0085  “Hoofed mammal” defined. (NRS 584.067)  “Hoofed mammal” means a mammal belonging or pertaining to the order Artiodactyla or Perissodactyla, including, without limitation, members of the family:

     1.  Bovidae, including, without limitation, cattle, water buffalo, sheep, goats and yaks.

     2.  Camelidae, including, without limitation, llamas, alpacas and camels.

     3.  Cervidae, including, without limitation, deer, reindeer and moose.

     4.  Equidae, including, without limitation, horses and donkeys.

     (Added to NAC by Dairy Comm’n by R082-11, eff. 5-30-2012)

      NAC 584.009  “Misbranded” defined. (NRS 584.067)  “Misbranded” means any dairy product:

     1.  Which is packaged in a container that displays or is accompanied by any false or misleading written, printed or graphic matter;

     2.  Which does not, as required by NAC 584.0107, conform to the definition or standard of identity of the dairy product that is packaged in the container; or

     3.  For which one or more of the conditions prescribed in 21 U.S.C. § 343 exist.

     (Added to NAC by Dairy Comm’n by R082-11, eff. 5-30-2012)

      NAC 584.0095  “Fluid cream,” “fluid milk” and “fresh dairy products” interpreted. (NRS 584.067)  The Commission will interpret the term:

     1.  “Fluid cream,” as defined in NRS 584.350, to include fluid cream from a hoofed mammal.

 

     2.  “Fluid milk,” as defined in NRS 584.355, to include fluid milk from a hoofed mammal.

     3.  “Fresh dairy products,” as defined in NRS 584.357, to include yogurt, eggnog and butter.

     (Added to NAC by Dairy Comm’n by R082-11, eff. 5-30-2012)

      NAC 584.0103  Adoption by reference of standards of identity for certain dairy products. (NRS 584.067, 584.103, 584.135)

     1.  The Commission hereby adopts by reference Parts 53 to 209, inclusive, of Title 7 of the Code of Federal Regulations and Parts 100 to 199, inclusive, of Title 21 of the Code of Federal Regulations, as they existed on January 1, 2011, and any subsequent revision of these regulations that have been approved by the Executive Director for use in this State. Each revision of these regulations shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the revision with the Office of the Secretary of State within 60 days after the date of publication of the revision.

     2.  A copy of the publications which contain these parts may be obtained from the United States Government Printing Office free of charge on the Internet website http://www.gpo.gov/fdsys, or by mail at P.O. Box 979050, St. Louis, Missouri 63197-9000, for the following prices:

     (a) For Title 7, Parts 53-209, $42;

     (b) For Title 21, Parts 100-169, $55; and

     (c) For Title 21, Parts 170-199, $56.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; A by R082-11, 5-30-2012)—(Substituted in revision for NAC 584.02515)

      NAC 584.0107  Conformity with definitions and standards of identity in Code of Federal Regulations. (NRS 584.067)  A dairy product for which a definition or standard of identity has been prescribed in Parts 53 to 209, inclusive, of Title 7 of the Code of Federal Regulations and Parts 100 to 199, inclusive, of Title 21 of the Code of Federal Regulations, as adopted by reference in NAC 584.0103, must conform to that definition or standard of identity.

     (Added to NAC by Dairy Comm’n by R082-11, eff. 5-30-2012)

MANUFACTURED DAIRY PRODUCTS

      NAC 584.0111  Definitions. (NRS 584.067)  As used in NAC 584.0111 to 584.0551, inclusive, unless the context otherwise requires, the words and terms defined in NAC 584.0141, 584.01415 and 584.0151 have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.0141  “Dairy farm” defined. (NRS 584.067)  “Dairy farm” means any place where one or more hoofed mammals which are lactating are kept for the purpose of milking and where a part or all of the milk produced from those hoofed mammals is sold or offered for sale.

     [Bd. of Health, Frozen Dessert Reg. § I subsec. K, eff. 5-12-61]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.01415  “Dairy products” defined. (NRS 584.067)  “Dairy products” means frozen desserts, frozen novelties, cheese, cheese product, butter, butter product and any other such products for human consumption as may be designated by the Commission.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0151  “Frozen dessert” defined. (NRS 584.067)  “Frozen dessert” means those products that conform to the provisions set forth in “Definitions and Standards of Identity for Frozen Desserts,” 21 C.F.R. Part 135.

     [Bd. of Health, Frozen Dessert Reg. § I subsec. A, eff. 5-12-61]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.02415  Adoption by reference of certain sections of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements. (NRS 584.067)

     1.  The Commission hereby adopts by reference the following sections of Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements, September 2005, published by the United States Department of Agriculture, and any subsequent revision of the publication that has been approved by the Executive Director for use in this State. Each revision of the publication shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the revision with the Office of the Secretary of State within 60 days after the date of publication of the revision. The following sections are hereby adopted:

     (a) Subpart B - Definitions.

     (b) Subpart C - Quality Requirements for Milk for Manufacturing Purposes.

     (c) Subpart D - Farm Requirements for Milk for Manufacturing.

     (d) Subpart E - Requirements for Licensed Dairy Plants:

          (1) Sec. E1. General Requirements.

          (2) Sec. E3. Supplemental requirements for plants manufacturing, processing and packaging butter and related products.

          (3) Sec. E4. Supplemental requirements for plants manufacturing and packaging cheese.

          (4) Sec. E6. Supplemental requirements for plants manufacturing, processing and packaging pasteurized process cheese and related products.

     (e) Subpart F - Administrative Procedures.

     2.  Copies of this publication are available, free of charge, from the United States Department of Agriculture, P.O. Box 96456, Washington, D.C. 20090-6456, or on the Internet at http://www.ams.usda.gov/dairy.htm.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; A by R082-11, 5-30-2012)

      NAC 584.03515  Construction, remodeling or alteration of dairy farm or dairy foods manufacturing plant. (NRS 584.067, 584.103)  Properly prepared plans and specifications for the construction, remodeling or alteration of a dairy farm or dairy foods manufacturing plant must be submitted to the Commission for written approval before any construction work is begun on any milkhouse, milking barn, stable or parlor, or dairy foods manufacturing plant. The plans must show the layout, arrangement, construction materials, location, size and types of facilities and fixed equipment. The owner or operator must comply with all requirements of sanitation and control of quality adopted by reference in NAC 584.02415.

     (Added to NAC by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0361  Labels. (NRS 584.067, 584.103, 584.135)

     1.  All bottles, containers and packages enclosing dairy products must be labeled or marked in accordance with the standards of identity adopted by reference in NAC 584.0103 in addition to the requirements of the Federal Food, Drug and Cosmetic Act, and any subsequent regulation developed thereunder that have been approved by the Executive Director for use in this State. Any subsequent regulation shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the regulation with the Office of the Secretary of State within 60 days after the date of adoption of the regulation by the Federal Government.

     2.  All proposed labels must be submitted to the Commission and approved before being printed or used.

     [Bd. of Health, Frozen Dessert Reg. § IV, eff. 5-12-61]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0371  Permit required; qualifications; transferability. (NRS 584.067, 584.103, 584.210)

     1.  A dairy foods manufacturing plant may not receive for sale, produce, sell, offer for sale or have in storage any manufactured dairy product if the plant does not possess a permit from the Commission. Only a dairy foods manufacturing plant that complies with the requirements of NAC 584.0111 to 584.0551, inclusive, may receive and retain a permit.

     2.  Permits are not transferable.

     [Bd. of Health, Frozen Dessert Reg. § III, eff. 5-12-61]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0381  Suspension, revocation and reissuance of permits. (NRS 584.067, 584.103, 584.210)

     1.  A permit may be summarily suspended by the Executive Director when a condition is found which constitutes an imminent health hazard and prompt action is necessary to protect the public health.

     2.  A permit may be revoked by the Commission for serious or repeated violations of chapter 584 of NRS or NAC 584.0111 to 584.0551, inclusive.

     3.  Upon receipt of a satisfactory application after suspension of a permit because of an unsatisfactory bacterial condition or cooling temperature, the Commission will take further samples. The Commission will reissue the permit whenever the average of the last four sample results indicates the necessary compliance.

     4.  If the suspension of a permit is because of a violation of any of the requirements of sanitation and control of quality adopted by reference in NAC 584.02415, other than bacterial condition or cooling temperature, the application must be accompanied by a statement signed by the applicant attesting that the violated item or items of the specifications have been remedied. Upon receipt of an application and statement, the Commission will make a reinspection, and thereafter as many additional reinspections as it may deem necessary to assure that the applicant is again complying with the requirements. If the findings indicate compliance, the Commission will reissue the permit.

     [Bd. of Health, Frozen Dessert Reg. § VIII, eff. 5-12-61]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0386  Procedure for review of actions taken by Commission; appeals. (NRS 584.067, 584.103, 584.210)

     1.  A person who has reason to believe that an action taken by the Commission pursuant to NAC 584.0111 to 584.0551, inclusive, is incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the Executive Director.

     2.  If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Commission for a hearing pursuant to NRS 584.210.

     3.  An applicant for a permit or a holder of a permit issued pursuant to NAC 584.0111 to 584.0551, inclusive, who is aggrieved by an action of the Commission relating to the denial of an application for or renewal of such a permit or the suspension or revocation of such a permit may appeal that action in accordance with the provisions of NRS 584.210 after exhausting the informal procedures set forth in this section.

     (Added to NAC by Bd. of Health, eff. 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0421  Sales of adulterated or misbranded manufactured dairy products. (NRS 584.067, 584.103)

     1.  A person shall not manufacture, freeze, sell, offer or expose for sale, or have in possession with intent to sell, any manufactured dairy product which is adulterated or misbranded.

     2.  Imitation ice cream or ice milk made of vegetable fat must be plainly labeled as being imitation ice cream or ice milk.

     3.  Any adulterated, misbranded or improperly labeled manufactured dairy product may be impounded by the Commission and disposed of in accordance with state law.

     4.  As used in this section, “adulterated” means any dairy product for which one or more of the conditions prescribed in 21 U.S.C. § 342 exist.

     [Bd. of Health, Frozen Dessert Reg. § II, eff. 5-12-61]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.0541  Control of products from points beyond routine inspection. (NRS 584.067, 584.103)  Manufactured dairy products from areas beyond the limits of a routine inspection may not be sold unless controlled under provisions equivalent to the requirements of NAC 584.0111 to 584.0551, inclusive. The Commission may require assurances that the agency having jurisdiction over the manufacturer of such products is properly enforcing those provisions.

     [Bd. of Health, Frozen Dessert Reg. § X, eff. 5-12-61]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.0551  Severability. (NRS 584.067)  If any of the provisions of NAC 584.0111 to 584.0551, inclusive, or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions or application thereof if the provisions or application can be given effect without the invalid provision or application.

     [Bd. of Health, Frozen Dessert Reg. § XIV, eff. 5-12-61]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

RAW MILK

General Provisions

     NAC 584.1611  Definitions. (NRS 584.067, 584.208)  As used in NAC 584.1611 to 584.2881, inclusive, unless the context otherwise requires, the words and terms defined in NAC 584.1621 to 584.1821, inclusive, have the meanings ascribed to them in those sections.

     [Bd. of Health, Raw Milk Reg. § 1.1, eff. 1-7-82]—(NAC A 10-30-97; A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.1621  “Adulterated” defined. (NRS 584.067, 584.208)  “Adulterated” means:

     1.  Any raw milk or cream to which water has been added; or

     2.  Any raw milk or product made from it which:

     (a) Contains any unwholesome substance; or

     (b) Does not conform with the applicable standard of identity adopted by reference in NAC 584.0103.

     [Bd. of Health, Raw Milk Reg. part § 2.2.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

 

      NAC 584.1631  “Bottling plant” defined. (NRS 584.067, 584.208)  “Bottling plant” means any establishment where certified raw milk or a product made from it is collected, handled, processed, stored and bottled or packaged for distribution, except an establishment where the raw milk or raw milk products are sold at retail only.

     [Bd. of Health, Raw Milk Reg. § 1.1.1, eff. 1-7-82]

      NAC 584.1641  “Certified milk” defined. (NRS 584.067, 584.208)  “Certified milk” means the unadulterated lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hoofed mammals.

     [Bd. of Health, Raw Milk Reg. § 1.1.10, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.1741  “Certified raw milk” defined. (NRS 584.067, 584.208)  “Certified raw milk” means unpasteurized, marketed milk and includes milk from hoofed mammals.

     [Bd. of Health, Raw Milk Reg. § 1.1.11, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.1821  “Official laboratory” defined. (NRS 584.067, 584.208)  “Official laboratory” means a biological, chemical or physical laboratory that has been designated by the Commission.

     [Bd. of Health, Raw Milk Reg. § 1.1.17, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

Standards

      NAC 584.2011  Bacteriological and chemical standards. (NRS 584.067, 584.208)  

     1.  In addition to the temperature and bacteriological standards prescribed in paragraph (a) of subsection 1 of NRS 584.208, all certified milk and products made from it must be produced, packaged and distributed in conformance with the following bacteriological and chemical standards:

 

     (a) Salmonella limits

Not exceeding 0 per milliliter.

     (b) Somatic cells

Not exceeding 400,000 per milliliter.

     (c) Antibiotics

No detectable zone using an approved beta-lactam test method.

 

     2.  For purposes of this section, a beta-lactam test method is approved if it has been:

     (a) Independently evaluated; or

     (b) Evaluated by the United States Food and Drug Administration,

Ę and has been found acceptable by the United States Food and Drug Administration for detecting drug residues in raw milk.

     [Bd. of Health, Raw Milk Reg. § 5.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2021  Local standards; adulteration and misbranding. (NRS 584.067, 584.208)

     1.  A person within this State shall not sell, offer for sale or possess with intent to sell any raw milk or product made from it that:

     (a) Has not been produced in conformity with the regulations and standards adopted by the county milk commission in the county in which it is produced and certified by that county milk commission. This prohibition does not apply to a dairy licensed to produce unpasteurized grade A milk for sale to a licensed milk plant.

     (b) Is adulterated or misbranded.

     2.  The State Dairy Commission may require such chemical and physical tests to detect the adulteration of raw milk or products made from it as the State Dairy Commission deems necessary.

     [Bd. of Health, Raw Milk Reg. §§ 2.1-2.2 & part 2.2.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

Permits; Tests

     NAC 584.2031  Permit to produce certified raw milk. (NRS 584.067, 584.208, 584.210)

     1.  After a county milk commission has certified a facility for the production of certified raw milk or a product made from it, the State Dairy Commission will inspect the facility. If the facility fully complies with this section, the State Dairy Commission will issue a permit to operate the facility.

     2.  The State Dairy Commission may revoke a permit if a facility ceases to comply with any requirement of NAC 584.1611 to 584.2881, inclusive.

     3.  A permit is not transferable between persons or locations.

     [Bd. of Health, Raw Milk Reg. § 3.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2041  Permit to weigh, measure and sample milk; permit to haul milk. (NRS 584.067, 584.208)

     1.  A person who desires to weigh, measure and sample milk must apply to the Commission for a permit. The Commission will examine each applicant and issue him or her a permit if:

     (a) The applicant is qualified to weigh, measure and sample milk; and

     (b) The applicant will comply with the provisions of NAC 584.1611 to 584.2881, inclusive.

     2.  A person who desires to haul milk must apply to the Commission for a permit. The Commission will examine each applicant and issue him or her a permit if:

     (a) The applicant is qualified to haul milk; and

     (b) The applicant will comply with the provisions of NAC 584.1611 to 584.2881, inclusive.

     [Bd. of Health, Raw Milk Reg. § 3.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2051  Inspections by Commission. (NRS 584.067, 584.208)  Before issuing a permit, the Commission will inspect each certified dairy farm, milk hauler and bottling or packaging plant whose certified milk or products made from it are intended for human consumption. After issuing the permit, the Commission will inspect each certified dairy farm and milk hauler at least once every 6 months and each bottling or packaging plant at least once every 3 months.

     [Bd. of Health, Raw Milk Reg. § 7.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2061  Second inspection; suspension or revocation of permit. (NRS 584.067, 584.208, 584.210)  If the Commission finds a violation of any of the requirements of NAC 584.1611 to 584.2881, inclusive, during an inspection, the Commission will conduct a second inspection after passage of the time deemed necessary to remedy the condition causing the violation, but not before 3 days. In the second inspection, the Commission will determine whether the condition that was in violation has been remedied. If the Commission finds a violation of any of the same requirements during its second inspection, the Commission may suspend or revoke a permit.

     [Bd. of Health, Raw Milk Reg. § 7.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2071  Report of inspection. (NRS 584.067, 584.208)  Upon completion of an inspection, the inspector shall deliver one copy of the report of the inspection to the operator or another person responsible for the establishment or post it in a conspicuous place, preferably on a wall cabinet on the inside of the establishment. The report must not be defaced and must be made available to the Commission upon request. The inspector shall file with the Commission a copy of the report identical to the one posted.

     [Bd. of Health, Raw Milk Reg. § 7.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2081  Access to facilities and records. (NRS 584.067, 584.208)

     1.  Every operator of a certified dairy or bottling plant shall, upon request of the Commission, permit access of persons designated by the Commission to all parts of his or her establishment or facilities to determine compliance with the provisions of NAC 584.1611 to 584.2881, inclusive.

     2.  The operator of a bottling plant shall furnish the Commission, upon its request and for its official use only:

     (a) A true statement of the actual quantities of milk and milk products purchased, bottled and sold;

     (b) A list of all sources of the milk and milk products; and

     (c) The records of inspections and laboratory tests completed by the county milk commission.

     [Bd. of Health, Raw Milk Reg. § 7.4, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2091  Samples of certified raw milk and its products. (NRS 584.067, 584.208)

     1.  The Commission may obtain samples of certified raw milk and products made from it for examination as often as the Commission deems necessary and at any time or place before the milk or product is sold to a consumer.

     2.  Samples must be analyzed at an official laboratory. All sampling procedures and laboratory examinations must substantially comply with the requirements set forth in:

     (a) Standard Methods for the Examination of Dairy Products published by the American Public Health Association at 800 I Street, N.W., Washington, D.C. 20001-3710, available for a price of $58.50 for members and $85 for nonmembers; and

     (b) Official Methods of Analysis of AOAC INTERNATIONAL published by AOAC INTERNATIONAL at 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland 20877-2417, available for a price of $660.

     [Bd. of Health, Raw Milk Reg. §§ 4.1-4.2.2 & 5.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2111  Confirmatory and screening tests for somatic cells. (NRS 584.067, 584.208)

     1.  Except as otherwise provided in this section for the testing of raw milk from a goat or a sheep, confirmatory or screening tests of samples of raw milk for somatic cells must be made using the Direct Microscopic Somatic Cell Count (Single Strip Procedure) or Electronic Somatic Cell Count procedure.

     2.  For the testing of raw milk from a goat, if the test conducted pursuant to subsection 1 indicates the presence of 1,500,000 or more somatic cells, the Pyronin Y-Methyl Green Stain or the “New York” modification procedure must be used to confirm the range of somatic cell levels. Screening tests conducted pursuant to this subsection must be conducted by an analyst certified to conduct that procedure.

 

 

     3.  For the testing of raw milk from a sheep, if the test conducted pursuant to subsection 1 indicates the presence of 750,000 or more somatic cells, the count must have been derived from or be confirmed by the Pyronin Y-Methyl Green Stain or the “New York” modification procedure.

     [Bd. of Health, Raw Milk Reg. § 4.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2121  Sale of milk if antibiotic test is positive. (NRS 584.067, 584.208)  If an antibiotic test is positive, the milk must be condemned and not sold for human consumption.

     [Bd. of Health, Raw Milk Reg. § 4.4, eff. 1-7-82]

      NAC 584.2131  Examinations and tests to detect adulterants. (NRS 584.067, 584.208)  Examinations and tests must be conducted to detect adulterants, including, without limitation, pesticides, as the Commission may require.

     [Bd. of Health, Raw Milk Reg. § 4.5, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2141  Monthly tests. (NRS 584.067, 584.208)  The following tests must be performed on samples of certified milk at least monthly:

     1.  A standard bacterial plate count;

     2.  A coliform count;

     3.  A determination of the presence of Salmonella; and

     4.  A test for residues of antibiotics.

     [Bd. of Health, Raw Milk Reg. § 4.6, eff. 1-7-82]

      NAC 584.2151  Bioassays and tests for pesticides. (NRS 584.067, 584.208)

     1.  Samples of certified milk must be tested at least twice each year for residues of pesticides.

     2.  Bioassays of certified milk and products made from it to determine the content of vitamins D and A must be made annually in an official laboratory at the expense of the bottling plant.

     [Bd. of Health, Raw Milk Reg. §§ 4.6.1 & 4.6.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

Facilities for Production

     NAC 584.2161  Approval of plans and designs. (NRS 584.067, 584.208)

     1.  Properly prepared plans and specifications for the construction, remodeling or alteration of a dairy that produces or is intended to produce certified raw milk, showing the layout, arrangement, construction materials, location, size and types of facilities and fixed equipment, must be submitted to the Commission for written approval before any construction work is begun on any milkhouse, milking barn, stable, milking parlor or bottling plant. The owner or operator must comply with all requirements of sanitation and control of quality prescribed in NAC 584.1611 to 584.2881, inclusive.

     2.  Milkhouses and dairy barns of new and different designs are subject to the approval of the Commission but will be approved if they substantially meet the requirements for sanitation in NAC 584.1611 to 584.2881, inclusive.

     [Bd. of Health, Raw Milk Reg. §§ 8.16 & 12.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2171  Construction of milking barn, stable or parlor. (NRS 584.067, 584.208)  Every dairy farm shall have a milking barn, stable or parlor, located apart from any contaminating surroundings, in which the milking herd must be housed during milking operations. Any area used for milking must:

     1.  Have a floor which is constructed of concrete or an equally impervious material, graded to drain liquids and coved with a 2-inch radius at the intersection of the floor and wall.

     2.  Have walls and ceilings with a smooth finish that are light in color and impervious to water, soil and dust.

     3.  Have natural or artificial light that is well distributed and suitable for milking, day or night. The working area must be illuminated by a minimum of 50 foot-candles of light and contain 4 square feet of window space for each 60 square feet of floor space unless the area is provided with adequate artificial light.

     4.  Have sufficient air space and air circulation to prevent condensation and excessive odors. The minimum height of a ceiling in an area where hoofed mammals are milked must be 7 feet. Ventilation by means of forced air may be permitted upon approval by the Commission. Where ventilation by forced air is not in use, the area for milking must contain a minimum of 2 square feet of window for each milking stall. The area for milking must contain ceiling vents to give adequate ventilation.

     5.  Contain dust-tight, covered boxes or bins, or other separate storage facilities for ground, chopped or concentrated feed.

     6.  Contain adequate concrete ramps outside the doors providing entrance into and exit from the milk barn or parlor. These ramps and any holding corrals which are located adjacent to the milking barn or within 25 feet of it must have surfaces of concrete with curbs graded to provide drainage. The minimum height of curbs for holding corrals is 18 inches. The extent of the area which must have a surface of concrete will depend on the location and type of construction of the barn.

     7.  Have provisions for the disposal of liquid wastes from the milkhouse, milk barn, stable or parlor and any adjoining ramps in a manner that prevents the pollution of any waterway or underground supply of water, the creation of odors and the breeding of flies. If the area contains a tank or tanks for liquid manure, the size of the pit which is necessary will be determined by the size of the operation and the length of time between pumpings.

     [Bd. of Health, Raw Milk Reg. §§ 8.1-8.1.7, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2181  Storage and disposal of waste. (NRS 584.067, 584.208)

     1.  The owner or operator of a dairy must obtain the approval of the Commission for each installation of a tank for the storage of liquid manure.

     2.  Liquid waste may be disposed of in irrigation water only if that water is confined to the land belonging to the owner of the dairy or is used on land for which permission has been granted to dispose of the waste. In no case may any water containing that waste enter into any stream or slough or otherwise leave the land concerned.

     3.  The tanks must be constructed to prevent seepage to adjacent areas and to prevent the waste from becoming a nuisance.

     4.  All drains leading to the tank for liquid manure must contain traps. Pipe for the drain must be a minimum of 4 inches in diameter and be laid with a grade that assures adequate drainage without regard to the volumes of liquid.

     [Bd. of Health, Raw Milk Reg. §§ 8.1.7.1-8.1.7.4, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2191  Cleanliness of milking barns, stables and parlors. (NRS 584.067, 584.208)

     1.  The owner or operator of a dairy must keep the interior of a milk barn, stable or parlor clean. The floors, walls, ceilings, windows, pipelines and other equipment must be clean and free of filth and litter.

     2.  No animals other than lactating dairy animals may be permitted in the milking barn, stable or parlor.

     [Bd. of Health, Raw Milk Reg. §§ 8.2.1 & 8.2.2, eff. 1-7-82]

      NAC 584.2211  Requirements applicable to barnyards. (NRS 584.067, 584.208)

     1.  The barnyard must be graded to provide drainage and may not have standing pools of water. The slope of the land in corrals must exceed 2 percent.

     2.  The barnyard must be kept reasonably clean, with wet manure stored so that it is inaccessible to the hoofed mammals and dry manure properly packed and maintained.

     3.  The barnyard must provide adequate space to house the animals in a healthy manner.

     4.  Areas for feeding and watering must have hard surfaces.

     [Bd. of Health, Raw Milk Reg. §§ 8.3.1-8.3.4, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2221  Separate rooms in milkhouse. (NRS 584.067, 584.208)

     1.  A milkhouse must contain separate rooms for:

     (a) The cooling and storage of milk; and

     (b) The washing, sanitizing and storage of equipment and utensils for milking.

     2.  These rooms must be separated by either a single or double-acting, solid, self-closing door.

     [Bd. of Health, Raw Milk Reg. § 8.4.1, eff. 1-7-82]

      NAC 584.2231  Walls, ceilings and floors of milkhouse. (NRS 584.067, 584.208)

     1.  The walls and ceilings of the milkhouse must be constructed of smooth, light-colored material which is impervious to water. The minimum height of a ceiling is 9 feet, but in no case may it be less than the height of the bulk tank plus 3 feet.

     2.  The floors of a milkhouse must be constructed of tile or another equally impervious material and be graded to provide drainage. The juncture of the floor and the wall must be coved with a 2-inch radius.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.2 & 8.4.3, eff. 1-7-82]

      NAC 584.2241  Lighting and ventilation in milkhouse. (NRS 584.067, 584.208)

     1.  The working areas must be illuminated by a minimum of 50 foot-candles of natural light or artificial light, or both.

     2.  The milkhouse must be adequately ventilated to minimize odors and the condensation of moisture on floors, walls, ceilings and clean utensils and must contain ceiling vents in a ratio of 1 square inch of venting for each square foot of floor space. Ventilation by means of forced air may be permitted upon approval by the Commission.

     3.  The milkhouse must contain windows whose combined area is not less than 10 percent of the floor area. The windows must be screened with standard, number 16 mesh screens.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.5-8.4.7, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2251  Openings in milkhouse. (NRS 584.067, 584.208)

     1.  The milkhouse may not contain openings to the outside except for windows and doors which are tight-fitting, self-closing, solid and open outward.

     2.  The milkhouse must not open directly into any barn, stable or room used for domestic purposes, except that an opening between the milkhouse and the milking barn, stable or parlor is permitted through a passageway. The door which opens into such a passageway must be a solid, self-closing, tight fitting door.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.9 & 8.4.10, eff. 1-7-82]

      NAC 584.2261  Location of milking stalls and bulk tank. (NRS 584.067, 584.208)

     1.  No milking stall may be closer than 3 feet to the wall of a milkhouse. The stall must have a stub wall which extends at least 5 feet above the floor for protection against splashes. No equipment may be installed in the passageway leading to the stall except the milk pump and releaser. If equipment is located in the passageway, a 3-foot walkway must be maintained in that passageway.

     2.  The bulk tank in the room used for the cooling and storing of milk must be located at least 30 inches from the walls on both sides and the rear of the tank, and the outlet of the tank must be at least 36 inches from the closest wall. A bulk tank may be bulkheaded into the milkhouse if the tank is designed for this type of installation.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.11 & 8.4.15, eff. 1-7-82]

      NAC 584.2271  Supply of water to milkhouse. (NRS 584.067, 584.208)

     1.  Water under pressure must be piped into the milkhouse. Water for the milkhouse and milking operations must be obtained from a supply which is properly located, protected and operated and is easily accessible, adequate for milking and of a safe and sanitary quality.

     2.  No well casing or water system equipment may be located below ground level. Supplies of potable and nonpotable water may not be cross-connected.

     3.  Bacteriological examination of water supplies to dairies which produce certified milk must be made at equal intervals at least 3 times per year.

     4.  Water which is used for recirculation in plate or tubular coolers must be obtained from a safe source and tested semiannually and must conform to the bacteriological standards for potable water.

     [Bd. of Health, Raw Milk Reg. §§ 8.7-8.7.3, eff. 1-7-82]

      NAC 584.2281  Facilities for washing equipment. (NRS 584.067, 584.208)

     1.  The milkhouse must contain facilities for heating water in such quantities and to such temperatures as are sufficient to effectively clean all equipment and utensils. Water heaters of the combustion type must be vented as required in the Uniform Building Code and be equipped with pressure relief valves.

     2.  The room in the milkhouse used for the washing of equipment must contain a vat for washing and rinsing which has at least two compartments and a separate tank for cleaning in place.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.13 & 8.4.14, eff. 1-7-82]

      NAC 584.2291  Cleanliness of milkhouse. (NRS 584.067, 584.208)

     1.  The floors, walls, ceilings, windows, tables, shelves, cabinets, vats for washing and any other surfaces that come in contact with milk or products made from it, including, without limitation, containers, utensils and equipment, must be clean. Only articles directly related to the milkhouse activities may be kept in that room.

     2.  No medicines or pesticides may be stored in the milkhouse.

     3.  Liquid waste must be disposed of in an approved, sanitary manner as provided in subsection 7 of NAC 584.2171. All floor drains from the milkhouse must be accessible and contain traps.

     4.  The milkhouse must not be used for any other purpose than the activities connected with milking.

     [Bd. of Health, Raw Milk Reg. §§ 8.4.4, 8.4.8 & 8.5.1-8.5.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2311  Toilets, handwashing facilities. (NRS 584.067, 584.208)

     1.  Every dairy farm must have one or more toilets conveniently located for employees engaged in milking. The toilet must be a flush type connected to an approved system for the disposal of sewage. The room containing the toilet must be properly ventilated and have self-closing doors and a basin for handwashing which is equipped with hot and cold running water, soap and an adequate supply of towels designed to be used only once. The toilet room must not open directly into any area used for handling milk.

     2.  Handwashing facilities must be conveniently located for the use of the personnel engaged in milking and the hauling of milk.

     [Bd. of Health, Raw Milk Reg. §§ 8.6 & 8.8, eff. 1-7-82]

      NAC 584.2321  Construction of containers, equipment and utensils. (NRS 584.067, 584.208)

     1.  All containers, equipment and utensils which are designed for repeated use in the handling, storage or transportation of milk must be made of smooth, nonabsorbent, corrosion-resistant, nontoxic materials and must be so constructed as to be easily cleaned.

     2.  All containers, equipment and utensils must be kept in good repair.

     3.  Woven material which is designed for repeated use must not be used for straining milk.

     4.  All articles which are designed to be used only once must be manufactured, packaged, transported, stored and handled in a sanitary manner and must not be reused.

     [Bd. of Health, Raw Milk Reg. § 8.9, eff. 1-7-82]

      NAC 584.2331  Cleaning of containers, equipment and utensils. (NRS 584.067, 584.208)

     1.  All equipment and utensils which are used more than once must be thoroughly cleaned and drained after each use and must be treated with a bactericide immediately before each use.

     2.  All containers, equipment and utensils which are used in the handling, storage or transportation of milk must be stored in sanitizing solutions or be otherwise protected from contamination before use. After a container or utensil has been treated with a bactericide, it must be handled so as to prevent contamination. All equipment must be properly drained after cleaning.

     [Bd. of Health, Raw Milk Reg. §§ 8.10 & 8.11, eff. 1-7-82]

      NAC 584.2341  Milking. (NRS 584.067, 584.208)

     1.  The udders and teats of animals to be milked must be cleaned and rinsed with an approved bactericidal solution and dried before each milking. An alternative method of udder preparation may be used if the Commission has evaluated and approved the particular method.

     2.  The flanks, bellies and tails of all hoofed mammals must be free of visible dirt at the time of milking. The hair on the udder, tail and that portion of the flank adjacent to the udder must be clipped at least once per year, or more often if needed.

     3.  Each milker shall clean and rinse his or her hands with a bactericidal solution and dry them before each milking. A milker shall not milk with wet hands. Each milker and milk handler shall wear clean clothing while milking or handling milk or products made from it.

     [Bd. of Health, Raw Milk Reg. §§ 8.12.1-8.12.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2351  Transfer of milk. (NRS 584.067, 584.208)  After milk is obtained from a hoofed mammal, the milk must be transported by means of an enclosed pipeline. The transfer of milk from a bulk holding or cooling tank to a transport tank must be through a port for the hose located in the wall of the milkhouse. The port must be constructed so that it is self-closing and easily cleaned. The area under the port on the outside wall must be a surface that is easily cleaned and is sufficiently large to protect the milk hose from contamination. All this equipment is subject to the approval of the Commission.

     [Bd. of Health, Raw Milk Reg. § 8.4.12, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2361  Thermometers for milk tanks. (NRS 584.067, 584.208)

     1.  A thermometer must be installed to record, on a chart, the temperature in each bulk milk tank used to cool or store certified raw milk intended for packaging.

     2.  A recording thermometer may not be installed on or attached to a tank for storing milk. The thermometer may be suspended on metal brackets from a ceiling or firmly attached to an inside wall of the milkhouse or the wall of the side of the milkhouse on which the passageway is located or at any other location approved by the Commission.

     3.  The bulb or other device for sensing the temperature must be located so as to record the temperature of the milk in the tank when the amount of milk in the tank reaches 10 percent of the tank’s volume.

     [Bd. of Health, Raw Milk Reg. §§ 8.13, 8.13.1.1 & 8.13.1.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2371  Standards for recording thermometers. (NRS 584.067, 584.208)

     1.  The chart for recording the temperature:

     (a) If circular, must make one revolution each 24-hour or 48-hour period; or

     (b) If a strip, must move not less than 1 inch per hour and may be continuous to a maximum of 1 month.

     2.  The clock that governs the movement of the chart may be either manually wound or electrically operated. The time that is recorded must be the actual time.

     3.  A circular chart for recording temperature must be a minimum of 10 inches in diameter if the minimum temperature is recorded at the maximum distance of the chart and 12 inches in diameter if the minimum temperature is recorded at the minimum distance of the chart. If a strip chart is used, the minimum temperature may be recorded at either the top or bottom of the chart but the width must be sufficient to enable the device to conform to the requirements of subsection 5.

     4.  The case of the device for recording temperature must be moisture-proof when the device is operating.

     5.  The device must be capable of recording temperatures from 30° to 160°F or above on a chart with lines for demarcating temperature of 1 degree or less between the range of 30° and 60°F. The device must be accurate to plus or minus 1 degree in the range of 30° to 60°F.

     6.  The charts on which temperatures have been recorded must be kept at the dairy for 90 days and be available to the Commission during that time unless otherwise provided.

     [Bd. of Health, Raw Milk Reg. §§ 8.13.2.1-8.13.2.6, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2381  Operation of agitator. (NRS 584.067, 584.208)  The agitator in a milk tank must be operating during the second and subsequent milkings for a period which is sufficient to prevent a stratification of temperatures.

     [Bd. of Health, Raw Milk Reg. § 8.13.2.7, eff. 1-7-82]

      NAC 584.2391  Emergencies which may vary temperature. (NRS 584.067, 584.208)  When it is obvious that an emergency exists which could conceivably cause significant variations in the temperature of the market milk in the farm tank, the anticipated buyer of that milk and the Commission must be immediately notified and the milk removed from the farm tank. The sale of milk from that tank at a subsequent milking must be approved by the Commission.

     [Bd. of Health, Raw Milk Reg. § 8.13.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2411  Capability of refrigeration in bulk milk tank. (NRS 584.067, 584.208)  Each bulk milk tank must have a capability of refrigeration that is sufficient to:

     1.  Reduce the temperature of the milk to 50°F (10°C) or less, no more than 4 hours after the commencement of the first milking, and to 45°F (7°C) or less, within 2 hours after the completion of milking, provided that the blend temperature does not exceed 50°F (10°C) after the first milking and the subsequent milkings, as indicated by a recording thermometer; and

     2.  Maintain the temperature at that level until delivery of the milk.

     [Bd. of Health, Raw Milk Reg. §§ 8.13.4-8.13.4.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2421  Rooms in which certified raw milk is handled. (NRS 584.067, 584.208)

     1.  The floors of all rooms in which certified raw milk or products made from it are processed, handled or stored, or in which containers, equipment or utensils are washed, must be:

     (a) Constructed of tile or another equally impervious and easily cleaned material;

     (b) Smooth, properly sloped for drainage and provided with drains that have traps; and

     (c) Kept in good repair.

Ę Rooms used for cold storage of milk and milk products need not be provided with floor drains when the floors are sloped to drain liquids toward one or more exits. Rooms used for storing dry ingredients or packaging materials need not be provided with drains and the floors may be concrete.

     2.  The walls and ceilings of such rooms must have a smooth, washable, light-colored surface which is kept in good repair.

     3.  The outer doors of such rooms must be self-closing and screen doors must open outward. Air curtains may be used where practicable. Windows opening to the outside of the building must be screened. Openings to the outside of the building must be rodentproof.

     4.  All rooms in which milk and products made from it are handled, processed or stored must be illuminated by a minimum of 50 foot-candles of light. The rooms must be adequately ventilated. Ventilation under pressure must have a flow of air of not less than 8 cubic feet per minute per square foot of floor space and the air must be filtered at the intake.

     [Bd. of Health, Raw Milk Reg. §§ 9.1-9.4, eff. 1-7-82]

      NAC 584.2431  Separate rooms in bottling or packaging plant. (NRS 584.067, 584.208)

     1.  A bottler or packager of certified raw milk or milk products must maintain separate rooms for:

     (a) Cooling and packaging;

     (b) Cleaning of milk bottles or milking machines; and

     (c) Storage of articles used only one time.

     2.  These rooms must be equipped with solid, self-closing doors. The room used for the packaging of milk must not connect directly with the milking barn.

     3.  No part of the dairy building may be used as a dwelling or for lodging.

     [Bd. of Health, Raw Milk Reg. §§ 9.5-9.5.3, eff. 1-7-82]

      NAC 584.2441  Toilet facilities and sewage disposal. (NRS 584.067, 584.208)  Every milk plant must contain toilet facilities. The toilet rooms must not open directly into any room in which milk or products made from it are processed. Toilet rooms must be completely enclosed and have tight-fitting, self-closing doors. Dressing rooms and toilet rooms and their fixtures must be kept clean, in good repair and well-ventilated and lighted. Sewage and other liquid wastes from these rooms must be disposed of in a manner approved by the Commission.

     [Bd. of Health, Raw Milk Reg. § 9.6, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2451  Supply of water to milk plants. (NRS 584.067, 584.208)

     1.  Water used in milk plants must be obtained from a source approved by the Commission. The lines for the approved sources of water may not be cross-connected with any unsafe or questionable sources of water or any sources of pollution through which the approved supply may become contaminated. The pipes for the approved sources of water must not be connected with any makeup tank, used for such purposes as cooling or condensing, unless the source of water is protected by an air gap or an effective method of preventing backflow.

     2.  Any new, individual system for the supply of water and any system that has been repaired or has become contaminated must be disinfected before being placed in use. Before any samples for bacteriological testing are collected, the system must be flushed with water disposed of as waste to ensure that the system is free of the disinfectant.

     3.  Samples for the bacteriological testing of an individual water system will be taken upon initial approval of the structure or installation of the system and semiannually thereafter, and after a water system has been repaired or altered.

     4.  Water that is recirculated in a cooling system must be obtained from a source which is safe and protected from contamination. That water must be tested semiannually and comply with the bacteriological standards for potable water. Chemicals for depressing the freezing point of water and chemical coolants that are used in cooling systems must be nontoxic.

     [Bd. of Health, Raw Milk Reg. §§ 9.7-9.7.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2461  Handwashing facilities. (NRS 584.067, 584.208)  Handwashing facilities must be provided in convenient locations and include hot and cold water or warm running water, soap and individual sanitary towels or other approved devices for drying the hands.

     [Bd. of Health, Raw Milk Reg. § 9.8, eff. 1-7-82]

      NAC 584.2471  Cleanliness of bottling plant. (NRS 584.067, 584.208)

     1.  All rooms in which milk or products made from it are handled, processed or stored, or in which containers, equipment or utensils are washed or stored, must be kept clean and free of insects and rodents or any evidence of them.

     2.  The rooms used for processing, cooling, packaging and the storage of bulk milk may only contain equipment that is directly related to the processing operations or to the handling of containers, equipment or utensils.

     3.  Pesticides must be used in a safe manner. Only pesticides approved by the Commission or registered with the United States Department of Agriculture may be used for the control of insects and rodents. Such pesticides may be used only in accordance with the manufacturer’s directions and must not contaminate any milk, containers, equipment or utensils.

     [Bd. of Health, Raw Milk Reg. § 9.9, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2481  Sanitary piping. (NRS 584.067, 584.208)

     1.  All sanitary piping, fittings and connections that are exposed to milk or products made from it, or from which liquids may drip, drain or be drawn into the milk or product, must be constructed of smooth, impervious, corrosion-resistant, nontoxic and easily cleaned materials.

     2.  All piping must be maintained in good repair.

     3.  Milk and products made from it must be transferred from one piece of equipment to another only through sanitary piping.

     4.  The materials used in the manufacture of sanitary piping must be approved by the Commission.

     [Bd. of Health, Raw Milk Reg. § 9.10, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2491  Construction and repair of containers and equipment. (NRS 584.067, 584.208)

     1.  All containers that are designed for repeated use and come in contact with milk or products made from it must be:

     (a) Made of smooth, impervious, corrosion-resistant and nontoxic material;

     (b) Easy to clean; and

     (c) Kept in good repair.

     2.  Only stainless steel or a metal that is equally resistant to corrosion and is nontoxic and nonabsorbent may be used, except plastic, rubber or rubber-like materials approved by the Commission for use as gaskets and flexible piping, where necessary. Flexible tubing may not be used to replace solid piping unless it is necessary and approved by the Commission.

     3.  All containers, enclosures, gaskets and other articles which are designed to be used only once and which come in contact with milk or products made from it must be made of nontoxic materials and be manufactured, packaged, transported and handled in a sanitary manner. Articles that are designed or intended to be used only once must not be reused.

     [Bd. of Health, Raw Milk Reg. §§ 9.11-9.11.3.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2511  Cleaning and sanitizing of containers and equipment. (NRS 584.067, 584.208)

     1.  The surfaces of all containers, equipment and utensils that are designed for repeated use and are used in the transportation, processing, handling and storage of milk or milk products must be cleaned and sanitized before each use.

     2.  Every person who receives deliveries of milk or products made from it shall thoroughly clean any containers designed for repeated use in which the milk or product is delivered before returning the container to the milk plant. Employees of the plant shall not pick up, for return to the plant, any container designed for repeated use that is dirty.

     3.  Any bottling plant in which containers designed for repeated use are washed manually must be equipped with:

     (a) A two-compartment wash-and-rinse vat for that purpose; and

     (b) A steam cabinet or an individual steam jet and hood for sanitizing the cleaned containers, or an additional vat if sanitizing is done with chemicals. Containers cleaned in this manner must be properly drained before use.

     4.  If a plant utilizes bottle washers which are automatic, those washers must treat the bottles for bacteria with steam, hot water or chemically. If a plant utilizes bottle washers of the soaker type, in which bactericidal treatment depends upon the causticity of the washing solution, the caustic strength for a given temperature and time for soaking must be that specified by the Commission. The containers washed and treated in this manner must be rinsed to ensure that they are free of residues from cleaning compounds and live harmful organisms.

     5.  A cleaning compound other than one which is caustic may be approved by the Commission if its effectiveness in cleaning is equivalent to that achieved by a caustic solution.

     [Bd. of Health, Raw Milk Reg. §§ 9.12-9.12.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2521  Residual bacteria in container. (NRS 584.067, 584.208)  The count of residual bacteria in any container used for packaging certified raw milk or products made from it, whether designed to be used repeatedly or one time, must not exceed:

     1.  One per milliliter of capacity if the rinse test is used; or

     2.  One per square centimeter of area of the container that touches the milk or product if the swab test is used, in 3 of 4 samples taken at random on a given day. All containers must be free of coliform organisms.

     [Bd. of Health, Raw Milk Reg. §§ 9.12.4-9.12.4.2, eff. 1-7-82]

      NAC 584.2531  Detection of contaminants. (NRS 584.067, 584.208)

     1.  The plastic used in containers must be nontoxic and the lids or stoppers must be designed to be used only once.

     2.  The production line where the containers are filled must be equipped with a device capable of detecting the presence in containers of volatile organic contaminants in amounts that are significant for public health.

     3.  Any container detected by the device as being contaminated must be automatically made unusable to prevent filling or refilling.

     [Bd. of Health, Raw Milk Reg. § 9.12.5, eff. 1-7-82]

 

      NAC 584.2541  Device for recording temperature in cleaning systems. (NRS 584.067, 584.208)  All cleaning systems that are mechanical must be equipped with a device for recording temperature which is approved by the Commission. That device must be installed in the line for the return of the cleaning solution and record the temperature and time during which the line and its equipment are performing the operations of cleaning and sanitizing. Each chart for recording temperature must be identified, dated and retained for 3 months.

     [Bd. of Health, Raw Milk Reg. § 9.12.6, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2551  Storage of containers, equipment and utensils. (NRS 584.067, 584.208)

     1.  After cleaning, all containers, equipment and utensils which are designed for repeated use with milk or products made from it must be transported and stored in a manner which ensures complete drainage and must be protected from contamination before use.

     2.  Caps, cap stock, parchment paper, containers, gaskets and other articles which are designed to be used only one time with milk or products made from it must be:

     (a) Purchased and stored in sanitary tubes, wrappings or cartons;

     (b) Kept in those sanitary wrappings in a clean, dry place until used; and

     (c) Handled in a sanitary manner.

     [Bd. of Health, Raw Milk Reg. §§ 9.13-9.14.3, eff. 1-7-82]

      NAC 584.2561  Protection from contamination. (NRS 584.067, 584.208)

     1.  The facilities and equipment of a milk plant must be so located and its operations so conducted to prevent any contamination of milk or products made from it, or their ingredients, equipment, containers or utensils.

     2.  All milk or products or their ingredients which have spilled, overflowed or leaked must be discarded.

     3.  The processing or handling in a packaging plant of products other than milk and products made from it must be performed to preclude the contamination of the milk and products made from it.

     [Bd. of Health, Raw Milk Reg. § 9.15, eff. 1-7-82]

      NAC 584.2571  Bottling and packaging. (NRS 584.067, 584.208)

     1.  Certified raw milk and its products may be bottled or packaged at the place where they are produced if the mechanical equipment is approved by the Commission.

     2.  The cap or other device for closing a bottle must protect the pouring lip and be tamper proof.

     [Bd. of Health, Raw Milk Reg. §§ 9.16 & 9.16.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2581  Cooling. (NRS 584.067, 584.208)

     1.  All certified raw milk and products made from it, except those to be cultured, must be stored and packaged at a temperature of 45°F (7.2°C) or less. The milk or product must be cooled in equipment that is approved by the Commission and is located in the processing room, separated from all milking activities.

     2.  On delivery vehicles, the temperature of the certified milk and products made from it must not exceed 45°F (7.2°C). Every room, tank or truck in which milk or products made from it are stored must be equipped with an accurate thermometer.

     [Bd. of Health, Raw Milk Reg. § 9.17, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

 

 

      NAC 584.2591  Vehicles for transporting certified raw milk. (NRS 584.067, 584.208)

     1.  All tanker vehicles used for transporting certified raw milk or products made from it and all pumps for transferring milk must be constructed to meet the standards of sanitation generally accepted in the dairy industry. All hoses used for transfers of milk must be approved by the Commission.

     2.  All vehicles used in the transportation of certified milk and products made from it must be constructed and operated so that milk and products are maintained at 45°F (7.2°C) or less and are protected from the sun, freezing and contamination. The vehicles must be easily cleaned and kept in a state of cleanliness.

     [Bd. of Health, Raw Milk Reg. §§ 8.14 & 9.18, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2611  Surroundings. (NRS 584.067, 584.208)  The surroundings within the immediate area of the dairy activities or a plant for processing milk must be kept neat, clean and free from any condition which attracts or harbors flies, other insects or rodents, or otherwise constitutes a nuisance.

     [Bd. of Health, Raw Milk Reg. §§ 8.15 & 9.19, eff. 1-7-82]

Labeling

     NAC 584.2621  Labeling of containers. (NRS 584.067, 584.208)

     1.  Each bottle or other package containing certified raw milk or a product made from it must be plainly labeled and marked with:

     (a) The name of the milk or product, as prescribed in the standards of identity adopted by reference in NAC 584.0103, which accurately describes the content of the bottle or package;

     (b) The name of the dairy or packaging plant and its location;

     (c) In the case of milk or a product fortified with vitamins, a nutritional label which states the percentage of the daily allowance, as recommended by the United States Government, of the vitamins that the product contains;

     (d) A statement of quantity; and

     (e) The following statement:

 

Unpasteurized dairy products may contain disease causing organisms. Persons at highest risk of disease from these organisms include newborns and infants, the elderly, pregnant women and those with illnesses or other conditions that weaken their immunity.

 

     2.  Proposed labels for certified milk and products made from it must be submitted to and approved by the Commission before being printed or used.

     [Bd. of Health, Raw Milk Reg. §§ 6.1 & 6.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2631  Date product to be withdrawn from sale. (NRS 584.067, 584.208)  Before a bottler or other packager of certified milk or a product made from it delivers the milk or product to a retail store for sale to consumers, the package or container must bear a date established by him or her as the date upon which, in order to ensure quality, the milk or product is to be removed from the shelf or otherwise withdrawn from sale to consumers. This section does not apply to any bulk shipments of milk or milk products between distributors.

     [Bd. of Health, Raw Milk Reg. § 6.3, eff. 1-7-82]

      NAC 584.2641  Date respecting assurance of quality: General requirements. (NRS 584.067, 584.208)  The date respecting the assurance of quality must:

     1.  Be affixed at the top of a carton or package and be indelible and in color which contrasts with the color of the carton or package where the date is affixed;

     2.  Be composed of the first three letters of the month followed by the date of the month;

     3.  Be of a size commensurate with the size and the location of the container, but in no case may the letters be less than three-sixteenths of an inch in height; and

     4.  Not be attached to a seal which is sensitive to heat or pressure so as to cover any other legally required information.

     [Bd. of Health, Raw Milk Reg. §§ 6.4-6.4.4, eff. 1-7-82]

      NAC 584.2651  Date respecting assurance of quality: Location. (NRS 584.067, 584.208)  The date respecting the assurance of quality must be legible and placed on the various types of containers as follows:

     1.  If a container made of glass or rigid plastic, by:

     (a) Embossing, imprint or overlay in fine, clearly visible lettering on the cap or container;

     (b) Heat or pressure-sensitive seal; or

     (c) Collar or tag.

     2.  If a plastic bag, by:

     (a) Seal which is sensitive to heat or pressure;

     (b) Upper or lower margin of the seal; or

     (c) Overlay in fine, clearly visible lettering.

     3.  If a gable-topped, rectangular container, by affixing it on the upper flat margin, above the gable.

     4.  If a flat-top, rectangular carton, by affixing it to the flat panel or the margin of the top of the carton.

     5.  If a cylindrical glass, plastic or fiberboard container which has straight sides or is capable of being nested, by embossing, imprint or overlay on the lid, side or bottom in fine and clearly visible lettering.

     [Bd. of Health, Raw Milk Reg. §§ 6.5-6.5.6, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2661  Removal of product from sale before date respecting assurance of quality. (NRS 584.067, 584.208)  Nothing in NAC 584.2621 to 584.2671, inclusive, precludes the Commission from ordering the removal of any or all of a product from sale before the expiration of the date respecting the assurance of quality if analysis indicates that the certified milk or product made from it fails to meet applicable standards.

     [Bd. of Health, Raw Milk Reg. § 6.6, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2671  Deviation. (NRS 584.067, 584.208)  Any deviation from the requirements governing the location of the date respecting the assurance of quality may be made only after obtaining written permission from the Commission.

     [Bd. of Health, Raw Milk Reg. § 6.7, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

Diseases

      NAC 584.2691  Illness of employee or resident. (NRS 584.067, 584.208)

     1.  A person who is known to be a carrier of any communicable disease that is known to be milk-borne may not be employed at or reside on a farm that produces certified raw milk.

     2.  If any person employed at or residing on a farm that produces certified milk becomes infected with any disease which may be transmitted through milk, the owner or operator of the dairy shall immediately:

     (a) Remove the person from the farm or isolate him or her under the direction of the county milk commission and its physician; and

     (b) Notify the State Dairy Commission.

     [Bd. of Health, Raw Milk Reg. §§ 10.2-10.2.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2711  Employee to report illness. (NRS 584.067, 584.208)

     1.  Every employee shall report immediately to the owner or operator of the farm any illness which the employee may have such as a sore throat, fever, diarrhea, skin eruption or acute respiratory infection.

     2.  The owner or operator of a farm shall exclude an employee from work or contact with hoofed mammals or the handling of milk or milk utensils if the employee has a sore throat, fever, diarrhea, skin eruption or acute respiratory infection.

     [Bd. of Health, Raw Milk Reg. § 10.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2731  Records of hoofed mammals. (NRS 584.067, 584.208)

     1.  Every hoofed mammal in a certified herd must be eartagged or tattooed with a number that permanently identifies the hoofed mammal.

     2.  Every hoofed mammal must be registered in a written record of the herd that includes:

     (a) The dates of entrance into, and departure from, the herd and of service and freshening;

     (b) The results of tuberculin and brucellosis testing and veterinary and bacteriological examinations;

     (c) Any detection of abnormal milk, illness or injury; and

     (d) Any other information which may be of importance to the health authority of the Department.

     3.  The records must be retained for not less than 1 year after the hoofed mammal departs from the herd.

     [Bd. of Health, Raw Milk Reg. § 11.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2741  Isolation of herds. (NRS 584.067, 584.208)  All certified milk herds must be isolated from hogs, horses, fowl and stray dogs. All animals which the owner or operator of a dairy does not know to be free from disease, including brucella infection as shown by a blood test, must be excluded by the owner or operator from contact with animals of certified herds in barns, yards or pastures.

     [Bd. of Health, Raw Milk Reg. § 11.2, eff. 1-7-82]

      NAC 584.2751  Udders of hoofed mammals. (NRS 584.067, 584.208)  Hoofed mammals which produce certified milk must have healthy udders.

     [Bd. of Health, Raw Milk Reg. § 11.3, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2761  Examination by veterinarian. (NRS 584.067, 584.208)  Every hoofed mammal admitted or readmitted to a milk herd must be examined by an approved veterinarian and its milk must be examined by an approved bacteriologist for a bacterial count and for hemolytic streptococci and other organisms which cause mastitis. The milk of such an animal must not be allowed to enter the supply of certified milk until favorable veterinary and bacteriological reports have been received and placed in the record of the herd.

     [Bd. of Health, Raw Milk Reg. § 11.4, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2771  Tuberculosis. (NRS 584.067, 584.208)

     1.  Each animal in a certified herd must be tested for tuberculosis and satisfactorily pass the test before any milk from the animal is sold. Each animal must be retested at least once every 12 months. The test must be performed by a licensed veterinarian who is certified to administer the test by the Division of Animal Industry of the Department.

     2.  Any animal found to be infected after the test must be disposed of in accordance with the requirements approved by the Division of Animal Industry of the Department. A certificate signed by the veterinarian or attested to by the Commission constitutes evidence of the test.

     3.  A veterinarian performing a test for tuberculosis shall make a complete record of the test, and the record must be kept on file at the dairy for 3 years. A summary of the test must be filed with the Commission.

     4.  A hoofed mammal that reacts to a tuberculosis test must be removed from the herd immediately upon discovery of the reaction, and the milk must be discarded. The barn and exercise yards used by the animal must be cleaned and disinfected in a manner approved by the Division of Animal Industry of the Department.

     [Bd. of Health, Raw Milk Reg. §§ 11.5-11.5.2, eff. 1-7-82]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2781  Brucellosis. (NRS 584.067, 584.208)

     1.  All herds approved for the production of certified raw milk must be officially accredited as free of brucellosis and maintained free of that disease. The herd must be tested at intervals not to exceed every 90 days by the ring test in a state which is accredited to be free of brucellosis. All herds producing certified milk in states that are not so accredited must be tested by the ring test at intervals of not more than 35 days. The blood sera of each hoofed mammal in a herd must be tested for agglutination at intervals of not more than 12 months. All tests must be approved by the U.S. Department of Agriculture or by the Division of Animal Industry of the Department.

     2.  After the tests are performed, any hoofed mammal which reacts to the test must be removed from the milking herds and disposed of by a method approved by the Division of Animal Industry. Animals which are suspected of being infected with brucellosis must be removed from the milking string and either sold for slaughter or retested at intervals of not less than 30 days until free of brucellosis before being readmitted to the milking string.

     3.  If a ring test of a milk supply is positive, each hoofed mammal in the herd must be given a blood test and the tests for the herd must be negative before any milk from the herd may be sold as certified raw milk. After a hoofed mammal has reacted to such a test, the animal and its herd must be retested for blood agglutinins until a negative test of the complete herd indicates complete freedom from brucella infection.

     [Bd. of Health, Raw Milk Reg. §§ 11.6-11.6.2, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2791  Salmonella. (NRS 584.067, 584.208)  Milk from hoofed mammals approved for the production of certified milk must be free from the organisms which cause salmonellosis, and all hoofed mammals must be tested for that organism a minimum of once per year. Any hoofed mammal to be added to a certified herd must pass a test for salmonella by obtaining a negative result and be certified free of that organism before entering the milking line.

     [Bd. of Health, Raw Milk Reg. § 11.7, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

      NAC 584.2811  Mastitis and abnormal milk. (NRS 584.067, 584.208)

     1.  Any hoofed mammal affected with either acute or chronic mastitis must be immediately removed from the milking string and treated. The hoofed mammal must not be returned to the milking string until its milk is normal and all residues from antibiotics have been eliminated from its body.

     2.  A hoofed mammal which shows a complete induration of one quarter or extensive induration of one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, must be permanently excluded from the milking herd.

     [Bd. of Health, Raw Milk Reg. § 11.8, eff. 1-7-82]—(NAC A by Dairy Comm’n by R082-11, 5-30-2012)

 

      NAC 584.2821  Commission may require tests or examinations. (NRS 584.067, 584.208)  The Commission may at any time require any test or examination it deems necessary after consultation with the Division of Animal Industry of the Department. If the Division requires additional tests and an animal reacts to a test, the diseased animal must be disposed of as the Division of Animal Industry of the Department may require.

     [Bd. of Health, Raw Milk Reg. § 11.9, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2831  Sickness or death in herd. (NRS 584.067, 584.208)

     1.  If a disease occurs that appears to be of a serious nature, or if a number of hoofed mammals become sick at about the same time, the dairyman shall withdraw such hoofed mammals from the certified herd, destroy their milk and notify a veterinarian and the Commission immediately.

     2.  The carcass of any dead hoofed mammal, whether diseased or not, must be disposed of in a sanitary manner.

     [Bd. of Health, Raw Milk Reg. §§ 11.10 & 11.10.1, eff. 1-7-82]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.2841  Tests performed at owner’s expense. (NRS 584.067, 584.208)  All tests of the health of animals in a certified herd producing certified milk must be performed at the owner’s expense.

     [Bd. of Health, Raw Milk Reg. § 11.11, eff. 1-7-82]

Miscellaneous Provisions

      NAC 584.2851  Use and disclosure of information prohibited. (NRS 584.067, 584.208)  No officer, employee or agent of any state or local governmental agency may use for his or her own advantage or reveal to any unauthorized person any information obtained pursuant to the provisions of NAC 584.1611 to 584.2881, inclusive, which is entitled to protection as a trade secret, including information as to the quantity, quality, source or disposition of milk or a milk product or the results of an inspection or tests of any of them.

     [Bd. of Health, Raw Milk Reg. § 7.5, eff. 1-7-82]

      NAC 584.2855  Prohibited transactions involving lactating hoofed mammals. (NRS 584.067, 584.208)  A person shall not engage in a transaction involving the barter of, sale of shares or interest in, or rental of, a hoofed mammal that is lactating in exchange for any consideration if the transaction is intended to result in the transfer or delivery of raw milk or a product made from it in violation of this chapter or chapter 584 of NRS.

     (Added to NAC by Dairy Comm’n by R082-11, eff. 5-30-2012)

      NAC 584.2861  Enforcement. (NRS 584.067, 584.208)  The Commission will enforce all the provisions of NAC 584.1611 to 584.2881, inclusive.

     [Bd. of Health, Raw Milk Reg. § 13.1, eff. 1-7-82]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2871  Violations. (NRS 584.067, 584.208)  Each day upon which a violation of any provision of NAC 584.1611 to 584.2881, inclusive, occurs constitutes a separate violation.

     [Bd. of Health, Raw Milk Reg. § 14.1, eff. 1-7-82]

      NAC 584.2876  Procedure for review of actions taken by Commission; appeals. (NRS 584.067, 584.208, 584.210)

     1.  A person who has reason to believe that an action taken by the Commission pursuant to NAC 584.1611 to 584.2881, inclusive, is incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the Executive Director.

     2.  If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Commission for a hearing pursuant to NRS 584.210.

     3.  An applicant for a permit or a holder of a permit who is aggrieved by an action of the Commission taken pursuant to NRS 584.210 may appeal that action after exhausting the informal procedures set forth in this section.

     (Added to NAC by Bd. of Health, eff. 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.2881  Severability. (NRS 584.067, 584.208)  If any provisions of NAC 584.1611 to 584.2881, inclusive, or its application to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality does not affect the other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of NAC 584.1611 to 584.2881, inclusive, are declared to be severable.

     [Bd. of Health, Raw Milk Reg. § 15.1, eff. 1-7-82]

MILK AND MILK PRODUCTS

General Provisions

     NAC 584.3001  Adoption by reference of certain federal publications. (NRS 584.067)

     1.  The Commission hereby adopts by reference the following publications:

     (a) Grade “A” Pasteurized Milk Ordinance (Includes provisions from the Grade “A” Condensed and Dry Milk Products and Condensed and Dry Whey--Supplement I to the Grade “A” PMO), 2009 Revision, except as otherwise noted in this section, and any subsequent revision of the publication that has been approved by the Executive Director for use in this State. Each revision of the publication shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the revision with the Office of the Secretary of State within 60 days after the date of publication of the revision. The following items are deleted from the Ordinance:

          (1) The fourth paragraph of section 3.

          (2) Section 15.

          (3) Section 16.

          (4) Section 17.

          (5) Appendix P.

     (b) Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2009 Revision, and any subsequent revision of the publication that has been approved by the Executive Director for use in this State. Each revision of the publication shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the revision with the Office of the Secretary of State within 60 days after the date of publication of the revision.

     (c) Methods of Making Sanitation Ratings of Milk Shippers, 2009 Revision, and any subsequent revision of the publication that has been approved by the Executive Director for use in this State. Each revision of the publication shall be deemed approved by the Executive Director unless, after review and consultation with the Commission, the Executive Director files an objection to the revision with the Office of the Secretary of State within 60 days after the date of publication of the revision.

     2.  Copies of these publications are available, free of charge, from the Food and Drug Administration, Milk Safety Branch, 5100 Paint Branch Parkway, College Park, Maryland 20740-3835, or on the Internet at http://www.fda.gov.

     (Added to NAC by Bd. of Health, eff. 11-28-94; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.4071  Fees. (NRS 584.067)

     1.  The Commission will charge and collect fees for annual permits in accordance with the following schedule:

 

     For a dairy producing:

 

          1,000 gallons or less per day...........................................................................

                     $75

          1,001 to 3,000 gallons per day.......................................................................

                     100

          More than 3,000 gallons per day....................................................................

                     150

     For a milk plant producing:

 

          Less than 2,000 gallons per day.....................................................................

                     150

          2,000 to 10,000 gallons per day.....................................................................

                     300

          More than 10,000 gallons per day..................................................................

                     500

     For a dairy foods manufacturing plant:

 

          Under 1,000 square feet.................................................................................

                     150

          1,000 to 3,000 square feet..............................................................................

                     180

          3,001 to 5,000 square feet..............................................................................

                     230

          Over 5,000 square feet...................................................................................

                     280

     For a single service plant.....................................................................................

                     115

     For a milk tank truck...........................................................................................

                       65

     For a hauler of milk.............................................................................................

                       20

 

     2.  The Commission will charge the following fees for review of plans for dairies, dairy foods manufacturing plants and milk plants:

 

     For a plan for a new facility................................................................................

                   $200

          Plus an amount equal to the fee for an annual permit for a facility having the production of the facility under review.

     For a plan for remodeling a facility which has a permit......................................

                       50

          Plus an amount equal to one-half of the fee for an annual permit to operate the facility after the remodeling.

 

     [Bd. of Health, Grading of Milk Reg. §§ 13.1 & 13.2, eff. 7-20-82]—(NAC A 6-23-86; 9-13-91; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.4321  Dates respecting assurance of quality. (NRS 584.067)

     1.  At the time of sale to the consumer by a retail store of any milk or milk product, there must appear upon the package or container of the product the date established by the processor as the date on which, in order to ensure quality, the product is to be removed from the shelf or similar location or vehicle from which the product is offered for sale to the consumer. This section does not apply to any bulk milk shipments of milk or milk products between distributors.

     2.  The date respecting assurance of quality must appear at the top of the carton or package and must be indelible and in a contrasting color to the carton or package in the area where the date is affixed. The date respecting assurance of quality must be the first three letters of the month followed by the day of the month. The date must be of a size commensurate with the size of the container and the location on the container, but in no case may the letters be less than three-sixteenths of an inch in height.

     3.  Any heat or pressure sensitive seal conveying the quality assurance date must not cover any other legally required information.

     4.  The date respecting assurance of quality must be placed on the various types of containers in accordance with one of the following options:

     (a) Glass or rigid plastic:

          (1) Embossed, imprinted or overlaid in fine, clearly visible lettering on the cap or containers;

          (2) Heat or pressure sensitive seal; and

          (3) Collar or tag.

     (b) Plastic bags:

          (1) Heat or pressure sensitive seal;

          (2) Upper or lower seal margin; and

          (3) Overlay in fine, clearly visible lettering.

     (c) Gable-topped rectangular containers, with the date placed on the upper flat margin above gable.

     (d) Flat-top, rectangular carton, with the date affixed to the flat panel or margin of top.

     (e) Cylindrical glass, plastic or fiberboard, straight sided or nested with the lid embossed, imprinted or overlaid in fine, clearly visible lettering, or on the side or bottom of the container.

     5.  Nothing in this section precludes the removal by the Commission of any product from sale before the expiration of the quality assurance date if analysis indicates that the product fails to meet applicable standards.

     6.  Deviations from the location of the date respecting assurance of quality or the manner of declaring the date may only be made with written permission from the Commission.

     [Bd. of Health, Grading of Milk Reg. §§ 6.2-6.2.4, eff. 7-1-74]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

Diseases

     NAC 584.4551  General requirements. (NRS 584.067)

     1.  All milk for pasteurization must be from herds that are free from communicable disease as determined in a method set down by the Commission.

     2.  Any dairy animal that, upon sufficient laboratory finding or upon inspection by a licensed veterinarian, is found to be carrying any type of communicable disease must be disposed of in a method directed by the Commission. The milk from these animals must be immediately withdrawn from sale in this State and disposed of in a method established by the Commission.

     3.  Any inspection or individual laboratory testing that the Commission deems necessary must be done in an approved laboratory or by a veterinarian who is licensed in this State. The expense of such inspection or laboratory determination is the responsibility of the owner of the particular animals inspected or tested.

     [Bd. of Health, Grading of Milk Reg. § 11, eff. 7-4-72]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.4561  Brucellosis. (NRS 584.067)

     1.  All animals in a herd, and any additions to the herd, must be free from brucellosis before any milk from the herd may be sold.

     2.  Freedom from brucellosis is evidenced by a satisfactory blood serum test for agglutinins against brucella abortus, or by three successive satisfactory ring tests at intervals not less than 3 months or more than 6 months, or by other tests approved by the United States Department of Agriculture or the Division of Animal Industry of the Department. The tests must be made and any reactors found must be removed from the milking herds and disposed of by approved methods of the agencies.

     3.  Herds that use blood agglutination tests must be tested at least once every 12 months. If the herd is to be tested by the ring test, this must be accomplished at intervals of not more than 6 months. Negative ring tests of the milk supply are considered as satisfactory compliance with this section.

     4.  A positive ring test of the milk supply requires a blood test of the entire herd, and a negative blood test of that herd must eventually be accomplished. After a reactor has been found in a herd, that herd must be retested by blood agglutinins until a negative test of the complete herd indicates complete freedom from brucella infection.

     5.  Hoofed mammals which are part of a herd officially vaccinated as young mammals and which react to the blood agglutination test must be referred to the veterinarian supervising that herd for his or her written recommendation regarding such tests.

     6.  This testing is not required in brucellosis free counties that used the brucellosis free system approved by the United States Department of Agriculture or the Division of Animal Industry of the Department.

     [Bd. of Health, Grading of Milk Reg. § 11.2, eff. 7-4-72]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.4571  Tuberculosis. (NRS 584.067)

     1.  A tuberculin test of all animals in a herd, and any additions to the herd, must be made before any milk from the herd is sold and at least once every 12 months thereafter.

     2.  This testing must be done by a licensed veterinarian duly certified to run these tests by the Division of Animal Industry of the Department. The tests must be given and any reactors disposed of in accordance with the requirements approved by the Division of Animal Industry of the Department.

     3.  A certificate signed by the veterinarian or attested to by the Commission is evidence of the tests. In tuberculosis free counties that used the tuberculosis free system approved by the United States Department of Agriculture or the Division of Animal Industry of the Department, this annual testing is not required.

     [Bd. of Health, Grading of Milk Reg. § 11.1, eff. 7-4-72]—(NAC A 10-30-97; A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.4581  Other infections. (NRS 584.067)

     1.  Hoofed mammals that show a complete induration of one quarter or extensive induration on one or more quarters of the udder upon physical examination, whether secreting abnormal milk or not, must be permanently excluded from the milking herd. This does not apply in the case of a quarter that is completely dry.

     2.  Hoofed mammals giving bloody, stringy or otherwise abnormal milk, but without entire or extensive induration of the udder, must be excluded from the herd until reexamination shows that the milk has become normal.

     3.  The Commission may require any test or examination it deems necessary after consultation with the Division of Animal Industry of the Department. In the event the Commission does require additional tests, and in the event a reactor is found among a herd, that particular diseased animal must be disposed of as the Division of Animal Industry of the Department requires.

     [Bd. of Health, Grading of Milk Reg. § 11.3, eff. 7-4-72]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

STABILIZATION AND MARKETING PLAN

General Provisions

      NAC 584.5551  Definitions. (NRS 584.067, 584.547)  As used in NAC 584.5551 to 584.6712, inclusive, unless the context otherwise requires, the words and terms defined in chapter 584 of NRS and in NAC 584.5554 to 584.5751, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dairy Comm’n, 9-13-85; 8-26-96; R121-99, 9-27-99, eff. 10-1-99; R093-99, 12-3-99; R067-00, 6-2-2000)

      NAC 584.5554  “Advanced pricing factors” defined. (NRS 584.067, 584.547)  “Advanced pricing factors” means the price components released by the United States Department of Agriculture based on the weighted average of the two most recent average weekly survey prices announced by the National Agricultural Statistical Service before the 24th day of each month.

     (Added to NAC by Dairy Comm’n by R067-00, eff. 6-2-2000)

      NAC 584.5561  “Bona fide charity” defined. (NRS 584.067, 584.547)  “Bona fide charity” means any entity which is organized and operated primarily for religious, charitable, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals, and from which no part of the net earnings inures to the benefit of any private shareholder or natural person.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.202)

      NAC 584.5565  “Class I,” “Class II” and “Class III” defined. (NRS 584.067, 584.547)

     1.  “Class I” means any skim milk or butterfat, or a combination thereof, which is used to produce fluid milk, and any amount of milk that exceeds 2 percent of the milk used to produce fluid milk which is lost during the production of fluid milk.

     2.  “Class II” means any skim milk or butterfat, or a combination thereof, which is used to produce ice cream, yogurt, sour cream, sour cream dressing, sour half and half, cottage cheese, eggnog or buttermilk, milk lost as plant loss during the production of such products, and any other milk which is not within the definition of Class I or Class III.

     3.  “Class III” means any skim milk or butterfat, or a combination thereof, which is used to produce butter, cheese other than cottage cheese, canned milk, canned cream or dried milk.

     (Supplied in codification; A by Dairy Comm’n, 9-13-85; 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.5567  “Class differential” defined. (NRS 584.067, 584.547)  “Class differential” means the price set by the Commission and added to the advanced pricing factors or the component prices, as applicable, to determine the minimum price to be paid to a producer by a distributor for each class of fluid milk and fluid cream.

     (Added to NAC by Dairy Comm’n by R121-99, 9-27-99, eff. 10-1-99; A by R067-00, 6-2-2000)

      NAC 584.5572  “Component prices” defined. (NRS 584.067, 584.547)  “Component prices” means the pricing factors released by the United States Department of Agriculture based on the weighted average for the preceding month of weekly prices announced by the National Agricultural Statistical Service on or before the 5th day of each month.

     (Added to NAC by Dairy Comm’n by R067-00, eff. 6-2-2000)

      NAC 584.5591  “Home delivery” defined. (NRS 584.067, 584.547)  “Home delivery” means delivery of milk or dairy products directly to the residence of a consumer.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.206)

      NAC 584.5631  “Milk fat” and “butterfat” defined. (NRS 584.067, 584.547)  “Milk fat” and “butterfat” are synonymous and mean the fat component of fluid milk or fluid cream.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.212)

      NAC 584.5641  “Peddler-distributor” defined. (NRS 584.067, 584.547)  “Peddler-distributor” means a distributor, other than a retail distributor, who purchases dairy products for resale.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(NAC A 8-26-96)

      NAC 584.5662  “Plant loss” defined. (NRS 584.067, 584.547)  “Plant loss” means:

     1.  Milk received by a distributor from a producer which is not accounted for in bulk transfers to another distributor, bulk inventory or in the manufacture of a dairy product; and

     2.  Milk lost after manufacture of dairy products, including, but not limited to, loss by leakage, spoilage, dumping and other causes.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96)

      NAC 584.5671  “Processing distributor” defined. (NRS 584.067, 584.547)  “Processing distributor” means a peddler-distributor who processes fluid milk, fluid cream or other dairy products.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(NAC A 8-26-96)

      NAC 584.5691  “Retail distributor” defined. (NRS 584.067, 584.547)  “Retail distributor” means any retail store which purchases or receives for resale, milk or dairy products from sources outside this State which do not have a valid license issued under chapter 584 of NRS.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.224)

      NAC 584.5711  “Skim milk” defined. (NRS 584.067, 584.547)  “Skim milk” means milk which contains not more than 0.25 percent milk fat.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.226)

      NAC 584.5731  “Surplus” defined. (NRS 584.067, 584.547)  “Surplus” means milk produced in excess of both the amount stated in the producer’s contract with the distributor and the production requirements of the distributor.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.230)

      NAC 584.5741  “Usage” defined. (NRS 584.067, 584.547)  “Usage” means the class into which fluid milk and fluid cream is processed.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.232)

      NAC 584.5751  “Wholesale customer” defined. (NRS 584.067, 584.547)  “Wholesale customer” means any customer of a processing distributor or a peddler-distributor, other than a home delivery customer.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. I part § B, eff. 9-8-78]—(Substituted in revision for NAC 584.234)

      NAC 584.5762  Applicability. (NRS 584.067, 584.547)  The stabilization and marketing plan set forth in NAC 584.5551 to 584.6712, inclusive, is the stabilization and marketing plan for the Northern Nevada Marketing Area and the Southern Nevada Marketing Area as those areas are described in NAC 584.6542.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R093-99, 12-3-99; R017-07, 10-31-2007)

      NAC 584.5772  Liability for violation of plan by agent or employee. (NRS 584.067, 584.547)  A person subject to the stabilization and marketing plan set forth in NAC 584.5551 to 584.6712, inclusive, is responsible for any violation of the plan by the person’s employee or agent, or by any subsidiary or affiliated company or corporation controlled by him or her.

     [Dairy Comm’n, Stabiliza. & Mktg. Plans]—(NAC A 8-26-96; R093-99, 12-3-99)

      NAC 584.5782  Retention of records. (NRS 584.067, 584.547)  Except as otherwise provided by specific statute or regulation, each record required to be kept by chapter 584 of NRS or this chapter must be retained for 3 years.

     [Dairy Comm’n, Stabiliza. & Mktg. Plans]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.5531)

      NAC 584.5792  Report of distributor’s monthly remittance. (NRS 584.067, 584.547)

     1.  Each distributor subject to the stabilization and marketing plan set forth in NAC 584.5551 to 584.6712, inclusive, shall submit to the Commission, on a form prescribed and furnished by the Commission, or on a facsimile of the form, a monthly remittance report showing the distributor’s monthly distribution of fluid milk, fluid cream, butter and fresh dairy by-products.

     2.  The monthly remittance report must be submitted to the Commission at its office in Reno on or before the 20th day of the month following the month during which the fluid milk, fluid cream, butter and fresh dairy by-products were distributed.

     [Dairy Comm’n, Stabiliza. & Mktg. Plans]—(NAC A 8-26-96; R082-11, 5-30-2012)—(Substituted in revision for NAC 584.5541)

Unfair Practices

     NAC 584.5911  Extension of credit by distributor. (NRS 584.067, 584.547, 584.585)

     1.  A sale by a distributor for which payment is not made before or at delivery is an extension of credit by the distributor.

     2.  Except for a sale to the Federal Government, no sale of milk or dairy products from a distributor to a wholesale customer or to another distributor may be made on terms of credit under which the final payment for the milk or dairy products is due more than 60 days after the date of delivery.

     3.  Any violation of subsection 2 is an unfair practice by the seller and the purchaser.

     4.  For the purpose of this section:

     (a) The period for which credit is extended is the period between the day when the milk or dairy products are delivered and the day when the payment is received by the distributor; and

     (b) The giving of a promissory note, postdated check or other evidence of indebtedness is not payment of a debt unless it is immediately payable.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96; R082-11, 5-30-2012)

      NAC 584.5922  Sale of dairy product by processing distributor at price below cost prohibited. (NRS 584.067, 584.547, 584.585)  Except as otherwise provided in NRS 584.584, a processing distributor shall not sell, offer to sell, advertise or bid for the sale of any dairy product at a price less than his or her costs as shown by his or her latest statement of costs on file with the Commission.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.6321)

      NAC 584.5941  Prohibition on sales by distributors to certain wholesale customers. (NRS 584.067, 584.547, 584.585)

     1.  If a wholesale customer fails to pay within the time prescribed by subsection 2 of NAC 584.5911:

     (a) The distributor to whom the payment is owed shall notify the Commission of the failure to pay; and

     (b) The Commission may issue an order prohibiting all distributors from selling milk or dairy products to that wholesale customer unless the sale is for cash upon delivery.

     2.  The Commission will provide written notice to all distributors of any order issued pursuant to subsection 1. Any order issued pursuant to subsection 1 will remain in effect until rescinded by the Commission.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.5971  Loans to wholesale customers by distributors. (NRS 584.067, 584.547, 584.585)

     1.  Except as otherwise provided in subsection 2, a distributor shall not make or renew a loan of money to a current or prospective wholesale customer or in any way assist such a customer to obtain a loan of money.

     2.  A distributor may make or renew a loan of money to a prospective wholesale customer or a member of a cooperative grocery which is a current wholesale customer if:

     (a) The distributor advises the Commission that he or she wishes to make or renew the loan;

     (b) The loan is appropriately secured and requires payment of the prevailing market rate of interest;

     (c) The loan is not contingent upon the purchase of dairy products; and

     (d) The Commission approves the loan

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.5976  Satisfaction of debt of wholesale customer. (NRS 584.067, 584.547, 584.585)  If a wholesale customer satisfies a debt incurred for the purchase of fresh dairy by-products by providing evidence of indebtedness which is immediately payable to the distributor to whom the debt is owed, the amount of the evidence of indebtedness must not exceed the amount owed to the distributor.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96)

      NAC 584.5981  Payment by distributor on behalf of wholesale customer or another distributor prohibited. (NRS 584.067, 584.547, 584.585)  A distributor shall not make any payment on behalf of any wholesale customer or other distributor.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(Substituted in revision for NAC 584.292)

      NAC 584.5986  Prohibition against requiring wholesale customer to purchase dairy products customer is unable to sell at retail. (NRS 584.067, 584.547, 584.585)  A distributor shall not enter into an agreement with a wholesale customer which requires the wholesale customer to purchase the distributor’s dairy products if the wholesale customer is unable to sell those products at retail. Including such a requirement in an agreement with a wholesale customer is an unfair trade practice.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96)

      NAC 584.5991  Wholesale customer required to pay amount owed to distributor upon discontinuing purchase of dairy products. (NRS 584.067, 584.547)  A wholesale customer who discontinues purchasing dairy products from a distributor shall pay any amount the customer owes to the distributor upon providing notice to the distributor that he or she is discontinuing the purchase of dairy products from that distributor.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.6011  Payment to distributor by peddler-distributor when service is discontinued. (NRS 584.067, 584.547)  A peddler-distributor who discontinues purchasing dairy products from a distributor shall pay any amount he or she owes to the distributor before distributing the products of another distributor.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.6041  Limitations on samples given to customers by distributors. (NRS 584.067, 584.547, 584.585)  A distributor shall not give a sample of milk, cream or other dairy product to a current or prospective customer in excess of a quantity sufficient to acquaint the customer with the quality of the product. In no case may the quantity exceed the smallest quantity in which the product is customarily packaged for the type of trade in which the customer is or may be involved.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § B, eff. 9-15-79]—(Substituted in revision for NAC 584.302)

      NAC 584.6051  Distributor not required to furnish or perform service upon any equipment. (NRS 584.067, 584.585)  No distributor may be required to furnish any equipment or perform service upon any equipment for dairy products sold by the distributor.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § B, eff. 9-15-79]—(NAC A 8-26-96; R093-99, 12-3-99; R082-11, 5-30-2012)

      NAC 584.6061  Sales of merchandise other than dairy products to wholesale customers by distributors. (NRS 584.067, 584.547, 584.585)  A distributor shall not:

     1.  Extend credit to a wholesale customer on merchandise other than dairy products on more favorable terms and conditions than the terms and conditions extended by comparable sellers of that merchandise to comparable buyers of that merchandise in the same area.

     2.  Sell merchandise other than dairy products to a wholesale customer at a price which is less than the price offered by comparable sellers of that merchandise to comparable buyers of that merchandise in the same area.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § C, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.6071  Contract for sale or lease of property between distributor and wholesale customer. (NRS 584.067, 584.547, 584.585)

     1.  A contract for the sale or lease of any personal or real property between a distributor and a wholesale customer must be in writing.

     2.  The sale price or lease payment prescribed in such a contract must be an amount comparable to the fair market value or fair market rental, respectively, of the property at the time of the sale or lease.

     3.  A distributor shall file with the Commission a copy of each such contract within 10 days after its execution, and shall retain the contract for not less than 3 years after the expiration of the lease or the payment of the purchase price.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § C, eff. 9-15-79]—(NAC A 8-26-96)

      NAC 584.6082  Participation by wholesale customer in profits or losses of distributor. (NRS 584.067, 584.547)  If a wholesale customer purchases milk or other dairy products from a distributor and participates in any profits or losses of the distributor, or an entity which owns the distributor, the distributor or entity shall file the following information with the Commission within 30 days after the distribution of any profits or losses:

     1.  The qualifications required of wholesale customers for participation in profits and losses;

     2.  The name and address of each wholesale customer who has participated in such a distribution;

     3.  The amount of profit or loss expressed in monetary terms distributed to each such wholesale customer;

     4.  The basis for the distribution of profits and losses to wholesale customers; and

     5.  Any other information which the Commission may find to be necessary for full understanding of all the transactions between the distributor and wholesale customer.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI part § A, eff. 9-1-80]—(Substituted in revision for NAC 584.6241)

      NAC 584.6092  Additional prohibited practices; discounts. (NRS 584.067, 584.547, 584.585)

     1.  No distributor, peddler-distributor, retail store or representative of a distributor, peddler-distributor or retail store may engage in the unfair practice of extending to certain customers special prices, equipment or services not made available to all customers who purchase dairy products or substitute dairy products of like quantity under like terms and conditions.

     2.  Except as otherwise provided in NRS 584.582 and 584.583, a distributor or retail store may give discounts on the purchase or sale of dairy products.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(NAC A 8-26-96; R093-99, 12-3-99; R082-11, 5-30-2012)

Licensing of Distributors

     NAC 584.6121  Applicant for distributor’s license: Qualifications. (NRS 584.067, 584.547, 584.595)  An applicant for a distributor’s license has the burden of proving his or her qualifications to receive the license and must be qualified to do business in this State.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 8-26-96; R082-11, 5-30-2012)

      NAC 584.6131  Application for distributor’s license: Required information. (NRS 584.067, 584.547)

      1.  An applicant for a distributor’s license must complete and file with the Commission all forms required by the Commission. The applicant must answer all applicable questions on the forms and must furnish the Commission with any other information that the Commission requires.

     2.  The application must include a designation of each marketing area in which the applicant intends to distribute dairy products.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 10-24-83; 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.6161  Distributor’s license: Consideration at public meeting; appearance by applicant. (NRS 584.067, 584.547)  Each application for the original issuance of a distributor’s license or for the amendment of a distributor’s license will be considered at a public meeting of the Commission. An applicant is not required to appear at the meeting unless requested by the Executive Director or a member of the Commission but may appear to provide additional information relevant to the application.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 8-22-86; 8-26-96; R003-11, 10-26-2011)

      NAC 584.6171  Distributor’s license: Factors for denial. (NRS 584.067, 584.079, 584.547, 584.595)  The Commission will not deny an application for a license as a distributor of dairy products or dairy by-products, or both, in this State, or an application for the amendment of a distributor’s existing license unless it finds:

 

     1.  That the applicant or licensee has not complied with the applicable requirements set forth in chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive;

     2.  That the applicant or licensee has failed to provide satisfactory evidence that the dairy product which the applicant or licensee wishes to distribute is listed on the Interstate Milk Shippers List;

     3.  That the applicant or licensee has failed to provide satisfactory evidence that the plant or the facilities from which the applicant or licensee plans to ship dairy products has been inspected by the agency responsible for conducting such inspections in the state where the plant or facility is located; or

     4.  That the issuance of a license is not in the public interest, as the public interest and policy of the State of Nevada are set forth in NRS 584.390, 584.395, 584.410 and 584.415.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 8-26-96; R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.6177  Distributor’s license: Issuance of temporary permit by Executive Director; notice of cancellation of permit. (NRS 584.067, 584.547, 584.595)  The Executive Director or his or her designee may issue a temporary permit to an applicant to distribute dairy products in the marketing area in which the applicant wishes to distribute dairy products. The temporary permit is subject to cancellation without recourse upon notifying the holder in writing of the cancellation not less than 72 hours before the permit is cancelled. For the purposes of this section, notice of the cancellation shall be deemed to have been given on the date and time, if any, of the postmark appearing on the envelope containing the notice of cancellation.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R150-01 & R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

      NAC 584.6181  Distributor’s license: Amendment to include new brand or label. (NRS 584.067, 584.547, 584.595)  A distributor who intends to distribute, manufacture, process, sell or offer for sale under a new brand name or label any fluid milk product which he or she has not previously distributed, manufactured, processed, sold or offered for sale in the marketing area must submit a written request to the Commission to amend the distributor’s license to reflect the addition of the new brand or label to his or her line of dairy products. The request must include the cost and price of the product.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 10-24-83; 8-26-96; R082-11, 5-30-2012)

      NAC 584.6187  Distributor’s license: Revocation, suspension or refusal to renew. (NRS 584.067, 584.079, 584.547)  The Commission may revoke, suspend or refuse to renew a distributor’s license if:

     1.  The licensee violates any of the applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive; or

     2.  The Commission determines that the licensee is not serving the marketing area in which he or she is licensed.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.6191  Distributor’s license for retail store. (NRS 584.067, 584.547)  A retail store is not required to apply for a distributor’s license unless the retail store purchases or receives dairy products for resale from an unlicensed source outside Nevada.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V part § D, eff. 9-1-80]—(NAC A 8-26-96)

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

     1.  A license issued to a distributor is not transferable.

     2.  A license expires if more than 50 percent of the ownership of the licensee is acquired by a person other than the licensee.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R150-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)

Statements of Costs

     NAC 584.6261  Processing distributor required to file statement. (NRS 584.067, 584.547, 584.583)

     1.  Each processing distributor shall file with the Commission the statement of costs required by subsection 5 of NRS 584.583. The statement must be filed with the Commission at its office in Reno no later than December 31 of each year. The statement must cover the entire calendar year or the fraction of the calendar year during which the processing distributor was in operation, as shown by his or her monthly reports to the Commission for the purposes of assessment.

     2.  A statement of costs must be filed for each licensed processing plant. The statement must separately show the cost for each container size of each product distributed, regardless of whether the product was processed, manufactured or purchased for resale.

     3.  The statement must separately show the dock cost, wholesale delivered cost and retail delivered cost.

     4.  Any significant change in costs during a calendar year must be reported when the change occurs if the change substantially affects the unit cost of any fluid milk product or by-product. The statement of costs must be amended from time to time by additional filings in order to correct any errors or make the filings current. Each amendment must clearly state the period and product or products covered.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.6281  Statement as prima facie evidence of costs. (NRS 584.067, 584.547, 584.583)  For enforcement of this plan, the Commission will consider the filed statement of costs of a processing distributor to be prima facie evidence of his or her costs for the period reported on the statement.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(Substituted in revision for NAC 584.346)

      NAC 584.6311  New products or operations. (NRS 584.067, 584.547, 584.583)  Before commencing the sale of dairy products, a processing distributor must file a statement of costs covering each item which he or she processes. Where new products are being manufactured or new operations are begun and the distributor is unable to submit sufficient cost data as required by NAC 584.6261 to 584.6362, inclusive, the distributor must file projected cost data which is acceptable to the Commission.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96)

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

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96)

 

      NAC 584.6351  Required contents. (NRS 584.067, 584.547, 584.583)  Each page of a statement of costs must show the period covered by the information on the page. The following paragraph must appear on each statement of cost above the signature of the distributor or his or her accountant:

 

     I hereby certify that this statement of costs is based upon the records kept in the ordinary course of this business operation for the period shown and is correct to the best of my knowledge.

 

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96)

      NAC 584.6362  Determination of costs. (NRS 584.067, 584.547, 584.583)  To determine costs pursuant to NRS 584.583, a processing distributor shall use generally accepted principles of accounting and reduce all figures to the fourth decimal place.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI § C, eff. 9-1-80]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.6291)

Requirements for Distributors

     NAC 584.6392  Distributor’s price list: Retail prices; distributor’s or dock prices. (NRS 584.067, 584.547)  Before selling or offering or agreeing to sell any dairy product, each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy by-products and each peddler-distributor shall file with the Commission separate price lists for retail prices and distributor’s or dock prices for each marketing area in which such products are distributed. A separate price must be filed for each size of each product distributed. The price of like products distributed under different brand names or trademarks must be separately filed. No price may be filed for any product at less than the cost of the product.

     (Added to NAC by Dairy Comm’n, eff. 9-5-83; A by R150-01, 12-17-2001, eff. 1-1-2002)

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

     1.  A price list filed by a distributor must:

     (a) Clearly state the marketing area in which the prices apply;

     (b) Include all terms and conditions of service which are applicable in determining the net price ultimately available to wholesale customers; and

     (c) Designate its effective date.

     2.  A price list filed by a distributor is confidential and not open for public inspection. Information contained in the price list will not be made available to any person, other than members of the Commission and authorized members of its staff, except when the information is to be used in judicial proceedings or administrative proceedings held pursuant to the provisions of chapter 584 of NRS.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. VI part § A, eff. 9-1-80]—(NAC A 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.6412  List of wholesale customers. (NRS 584.067, 584.547)  Upon request by the Commission, a distributor shall provide a current list of its wholesale accounts in the form prescribed by the Commission.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. V § A, eff. 9-15-79]—(Substituted in revision for NAC 584.5921)

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

     1.  A processing distributor located in this State who receives, sells or transfers milk shall keep a monthly usage report which includes:

     (a) The quantity of milk received, sold or transferred;

     (b) The class of usage of the milk;

     (c) The price;

     (d) The total gallons of milk processed by product type during the month;

     (e) The total weight of milk processed by product type;

     (f) The results of a butterfat test for the various product types;

     (g) The total butterfat by product type;

     (h) The source of the milk;

     (i) The person to whom the milk was sold or transferred, if appropriate;

     (j) A statement which indicates whether the milk was graded, ungraded or degraded; and

     (k) Any other information the Commission requests to substantiate usage.

     2.  A processing distributor shall submit his or her monthly usage report to the Commission’s office in Reno on or before the 15th day of the month following the calendar month for which the report is submitted. The report must be made on a form prescribed and furnished by the Commission or on a facsimile of the form.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. IV § A, eff. 9-15-79]—(NAC A 8-26-96; R150-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.6422  Adoption by reference of standards for determining weight of fluid milk or fluid cream. (NRS 584.067, 584.547)  A distributor shall use the standards for determining the weight of fluid milk or fluid cream adopted by the United States Department of Agriculture, which are hereby adopted by reference. A copy of the standards may be obtained at no cost from the United States Department of Agriculture, Agricultural Marketing Service, Dairy Programs, Office of Market Administrator, 1930-220th Street, S.E., Suite 102, Bothell, Washington 98021-8471.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R150-01, 12-17-2001, eff. 1-1-2002)

Producer Determinations

     NAC 584.6432  Monthly usage report of producer. (NRS 584.067, 584.547)

     1.  For the purpose of computing usage:

     (a) Each milk plant, whether owned by one or more interests, is an individual plant pool.

     (b) Milk is deemed to have received Class I usage unless the distributor furnishes proof satisfactory to the Commission that it received a different usage.

     2.  A distributor shall furnish each producer from whom he or she receives milk a monthly report of purchases of milk. The report must state the quantity, price and usage of each purchase and all deductions and withholdings. The report must accompany either the second or final payment of each month to the producer. The report must be made on forms furnished by the Commission.

     3.  In addition to the monthly report required by subsection 2, a distributor who receives milk of a particular breed and markets it as milk of a particular breed shall furnish each producer from whom he or she receives the milk a separate monthly report of purchases of that milk, providing the same information required by subsection 1. The report must accompany either the second or final payment of each month to the producer. The report must be made on forms furnished by the Commission.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - WNMA Art. IV § A, eff. 8-1-79]—(Substituted in revision for NAC 584.7741)

      NAC 584.6437  Monthly reports by cooperative associations. (NRS 584.067, 584.547)  A cooperative association of producers shall furnish a monthly report to each producer from whom the association receives milk. The report must state the quantity, price and usage of all milk received from or handled for that producer and all deductions, withholdings, handling charges and assessments related to the milk. The association shall mail a copy of the report to the Commission when the report is furnished to the producer.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - WNMA Art. IV § A, eff. 8-1-79]—(NAC A by R150-01, 12-17-2001, eff. 1-1-2002)

Contracts for Sale of Milk

     NAC 584.6452  Distributor’s contract: Optional provisions. (NRS 584.067, 584.547)  Nothing in this plan restricts a distributor from:

     1.  Entering into a contract to purchase milk from any producer, regardless of whether a contract already exists between the distributor and producer, except that the contract must expire on December 31 after the date on which it was made.

     2.  Renewing or refusing to renew any contract with a producer or from putting any provision pertaining to renewal in a contract.

     3.  Increasing or decreasing the production of the distributor’s own herd.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.5831)

      NAC 584.6457  Written contract required for certain purchases by distributor. (NRS 584.067, 584.547)

     1.  A distributor shall not purchase any fluid milk in excess of 200 gallons monthly from a producer or association of producers unless a written contract has been entered into with the producer or association of producers.

     2.  A distributor who enters into a contract pursuant to subsection 1 shall, within 15 days after entering into the contract, file a copy of the contract with the Commission.

     3.  Every written contract by a distributor to purchase milk must contain the following statement:

 

     The law of the State of Nevada and the regulations of the State Dairy Commission supersede any conflicting provision of this contract.

 

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.5851)

      NAC 584.6467  Producer’s contract: Optional provisions. (NRS 584.067, 584.547)  Nothing in this plan restricts a producer from:

     1.  Entering into a contract to sell milk to any distributor.

     2.  Negotiating and entering into a contract with terms which exceed the minimum requirements of this plan and chapter 584 of NRS.

     3.  Renewing or refusing to renew any contract with a distributor or from putting any provision pertaining to renewal in a contract.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. IV § C, eff. 9-15-79]—(Substituted in revision for NAC 584.5841)

Establishment of Prices for Dairy Products

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

     1.  Except as otherwise provided in this subsection, the minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area is the minimum price established for fluid milk and fluid cream set each month by the State of California Department of Food and Agriculture for the Northern California Marketing Area. If the minimum price for fluid milk and fluid cream established for the Northern California Marketing Area is revised, the Commission will review the revised price to determine whether it is acceptable. Unless the Commission, within 5 days after the price for the Northern California Marketing Area is revised, determines that the revised price is unacceptable, the revised price for the Northern California Marketing Area shall be deemed the minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area. The minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Northern Nevada Marketing Area may be obtained at no cost:

     (a) By mail, from the State Dairy Commission, 4600 Kietzke Lane, Building A, Suite 107, Reno, Nevada 89502;

     (b) By telephone, at (775) 688-1211;

     (c) By electronic mail, at dairycom@dairy.state.nv.us; or

     (d) On the Internet, at http://dairy.nv.gov.

     2.  Except as otherwise provided in this subsection, the minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Southern Nevada Marketing Area is the advanced pricing factors or the component prices set each month by the United States Department of Agriculture, as applicable, plus the class differential set by the Commission. The minimum price for fluid milk and fluid cream to be paid to a producer by a distributor located in the Southern Nevada Marketing Area may be obtained at no cost:

     (a) By mail, from the State Dairy Commission, 1830 East Sahara Avenue, Suite 112, Las Vegas, Nevada 89104;

     (b) By telephone, at (702) 486-8212;

     (c) By electronic mail, at dairycom@dairy.state.nv.us; or

     (d) On the Internet, at http://dairy.nv.gov.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R121-99, 9-27-99, eff. 10-1-99; R067-00, 6-2-2000; R150-01, 12-17-2001, eff. 1-1-2002; R017-07, 10-31-2007; R082-11, 5-30-2012)

      NAC 584.6487  Pricing by producer for Class I usage. (NRS 584.067, 584.547)  The price paid for milk handled by a distributor which is in addition to that guaranteed by contract to have Class I usage must be determined according to its usage.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. IV § D, eff. 9-15-79]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.5891)

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

     1.  A retailer may apply to butter a minimum markup of 6 percent of the purchase price and may apply to milk and fresh dairy by-products a minimum markup of 10 percent of the purchase price. Retailers shall file statements of costs for butter and fresh dairy by-products in accordance with NRS 584.583, unless they are using the markup permitted by this subsection.

     2.  A retailer may reduce the prescribed markup to the extent necessary to meet a lawful competitive price if it submits information to the Commission in the manner set forth for distributors in NRS 584.584.

     3.  As used in this section, “purchase price” includes the cost of the product and the cost to transport the product to the retailer.

     (Added to NAC by Dairy Comm’n, eff. 9-5-83; A 8-26-96; R082-11, 5-30-2012)—(Substituted in revision for NAC 584.6245)

Marketing Areas

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

     1.  The Northern Nevada Marketing Area consists of Carson City and Churchill, Douglas, Elko, Esmeralda, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey, Washoe and White Pine Counties and that part of Nye County north of the 38th parallel.

     2.  The Southern Nevada Marketing Area consists of Clark and Lincoln Counties and that part of Nye County south of the 38th parallel.

     [Dairy Comm’n, Stabiliza. & Mktg. Plan - ENMA Art. II, eff. 9-8-78]—(NAC A 9-13-85; 8-26-96; R017-07, 10-31-2007)

Penalties

      NAC 584.6712  Factors considered in imposition of civil penalty. (NRS 584.067, 584.547, 584.670)  Before imposing a penalty pursuant to subsection 3 of NRS 584.670, the Commission will consider:

     1.  The severity of the violation and its impact on competition within the dairy industry of this State;

     2.  Whether the violation was intentional, willful or negligent;

     3.  Whether the violation was an unfair trade practice;

     4.  Whether the person who committed the violation has previously violated any applicable provisions of chapter 584 of NRS or NAC 584.5551 to 584.9391, inclusive, or the statutes or regulations which govern the dairy industry of any other state; and

     5.  Any other factor the Commission deems appropriate to determine whether to impose the penalty.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R093-99, 12-3-99; R150-01, 12-17-2001, eff. 1-1-2002)

PRACTICE BEFORE THE STATE DAIRY COMMISSION

     NAC 584.9011  Scope; construction. (NRS 233B.050, 584.067)

     1.  NAC 584.9011 to 584.9391, inclusive, govern practice before the Commission.

     2.  The Commission will construe those provisions liberally to secure just, speedy and economical determination of all issues presented to it.

     [Dairy Comm’n, Practice Rules §§ 1.2 & 1.3, eff. 12-1-77]—(NAC A 8-26-96)

      NAC 584.9041  Chair. (NRS 233B.050, 584.067)  The Chair of the Commission or a member of the Commission designated by the Chair shall preside at meetings of the Commission and at all hearings conducted by the Commission.

     [Dairy Comm’n, Practice Rules § 2.4, eff. 12-1-77]—(NAC A 8-26-96)

      NAC 584.9101  Complaint. (NRS 233B.050, 584.067)

     1.  A complaint which alleges a violation of this chapter or chapter 584 of NRS may be made by a member or employee of the Commission or any aggrieved person.

     2.  The complaint must be made in writing and filed with the Executive Director.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96; A by R151-01, 12-17-2001, eff. 1-1-2002)

      NAC 584.9112  Answer. (NRS 233B.050, 584.067)  If the Commission determines that a complaint warrants administrative action, the Commission shall forward a copy to the party or parties against whom the complaint is made. A party may respond to the complaint by filing an answer within 20 days after receipt of the complaint. If a party fails to answer within the time prescribed, the party shall be deemed to have denied generally the allegations of the complaint.

     [Dairy Comm’n, Practice Rules § 5.8, eff. 12-1-77]—(Substituted in revision for NAC 584.9191)

      NAC 584.9121  Representation of parties. (NRS 233B.050, 584.067)  A party to a hearing conducted by the Commission may be represented by an attorney if the attorney is an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he or she must associate with an attorney who is admitted and entitled to practice before the Supreme Court of Nevada.

     [Dairy Comm’n, Practice Rules § 4.3, eff. 12-1-77]—(NAC A 8-26-96)

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

     [Dairy Comm’n, Practice Rules § 4.4, eff. 12-1-77]—(NAC A 8-26-96)

      NAC 584.9142  Subpoenas. (NRS 233B.050, 584.067)

     1.  Before a hearing before the Commission, and during a hearing upon reasonable cause shown, the Commission will issue subpoenas and subpoenas duces tecum at the request of a party. A party must prepare and present its subpoenas to the Secretary of the Commission for issue, serve them and bear all costs in connection with them.

     2.  A witness appearing pursuant to a subpoena, other than a party, officer or employee of the State of Nevada or any political subdivision thereof, is entitled to fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts, upon making a request in writing to the Commission within 7 days after entering an appearance.

     3.  A witness who is entitled to fees or mileage and attends hearings at points so far from the witness’s residence as to preclude his or her return from day to day is entitled, in addition to witnesses’ fees and in lieu of mileage, to the subsistence allowances and travel expenses authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.

     4.  Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed.

     [Dairy Comm’n, Practice Rules § 8.15, eff. 12-1-77]—(Substituted in revision for NAC 584.9421)

      NAC 584.9312  Show cause orders. (NRS 233B.050, 584.067, 584.643)  An order issued pursuant to NRS 584.643 to show cause why a distributor’s license should not be suspended or revoked will contain:

     1.  The specific violation for which the Commission proposes to suspend or revoke the distributor’s license; and

     2.  Any other information the Commission determines is necessary to enable the distributor to prepare for the hearing to determine whether his or her license should be suspended or revoked.

     (Added to NAC by Dairy Comm’n, eff. 8-26-96)

      NAC 584.9322  Stipulations. (NRS 233B.050, 584.067)  Upon the approval of the presiding member of the Commission, the parties may stipulate to any fact at issue by a written stipulation introduced in evidence as an exhibit or by an oral statement shown upon the record. A stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The presiding member of the Commission may require proof of the facts stipulated, notwithstanding the stipulation.

     [Dairy Comm’n, Practice Rules § 8.8, eff. 12-1-77]—(NAC A 8-26-96)—(Substituted in revision for NAC 584.9381)

 

 

      NAC 584.9331  Failure to appear. (NRS 233B.050, 584.067)

     1.  If a party fails to appear at a hearing scheduled by the Commission for which the Commission has not granted a continuance, the Commission may hear the testimony of witnesses who have appeared and proceed to consider the matter and dispose of it based on the evidence before it.

     2.  If, because of accident, sickness or other reasonable cause, a person fails to request a continuance of a hearing, the person may, within 15 days after the hearing is conducted, apply to the Secretary of the Commission to reopen the proceedings.

     3.  Upon finding the applicant’s reason for not requesting a continuance to be sufficient and reasonable, the Commission will immediately fix a time and place for hearing and give the applicant notice thereof. Witnesses who have previously testified may not be required to appear at the second hearing unless directed to appear by the Commission.

     [Dairy Comm’n, Practice Rules § 8.2, eff. 12-1-77]—(NAC A 8-26-96)

      NAC 584.9371  Consolidation. (NRS 233B.050, 584.067)  The member of the Commission who will preside at a hearing conducted by the Commission may consolidate two or more proceedings for hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by a consolidation.

     [Dairy Comm’n, Practice Rules § 8.7, eff. 12-1-77]—(NAC A 8-26-96)

      NAC 584.9391  Briefs. (NRS 233B.050, 584.067)  The Commission may order briefs to be filed at any time. A brief filed with the Commission must be accompanied by proof that the brief was served upon the opposing party.

     [Dairy Comm’n, Practice Rules § 8.12, eff. 12-1-77]—(NAC A 8-26-96)