[Rev. 11/21/2013 12:26:29 PM--2013]

CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRY AND EGGS

MEAT AND FISH

NRS 583.010           Sale or offer for sale of diseased or unwholesome meat or fish in city or town unlawful; penalty.

NRS 583.020           Sale of flesh of diseased animal or shellfish containers without approved stamp is gross misdemeanor.

NRS 583.030           Unlawful possession of carcass or part of carcass of certain animals; penalty.

NRS 583.040           Sale or possession of carcass of animal slaughtered or prepared under insanitary conditions unlawful; insanitary conditions in slaughterhouses; penalties.

NRS 583.045           Selling or offering to sell product of foreign country without label stating country of origin prohibited; penalty.

NRS 583.050           Selling meat of equine animal without informing purchaser unlawful; peddling meat of equine animal without possession of hide unlawful; penalty.

NRS 583.055           Program for grading and certifying meats, prepared meats and meat products: Establishment; cooperative agreements; regulations; fees.

PRODUCE

NRS 583.060           Sale or offer for sale of diseased or unwholesome produce in city or town unlawful; penalty.

POULTRY

NRS 583.070           Sale or offer for sale of diseased or blown poultry in city or town unlawful; penalty.

NRS 583.080           Possession with intent to sell improperly slaughtered or processed fowl unlawful; penalty.

EGGS

NRS 583.110           Definitions.

NRS 583.111           “Addled” and “white rot” defined.

NRS 583.112           “Adherent yolk” defined.

NRS 583.113           “Black rot” defined.

NRS 583.114           “Black spot” defined.

NRS 583.115           “Blood streak” defined.

NRS 583.116           “Consumer” defined.

NRS 583.117           “Fresh eggs,” “ranch eggs” and “farm eggs” defined.

NRS 583.118           “Incubated eggs” defined.

NRS 583.119           “Moldy” defined.

NRS 583.120           “Retailer” defined.

NRS 583.130           State Quarantine Officer: Regulations; grades and standards for eggs.

NRS 583.140           Sale of eggs unfit for human food prohibited; denatured eggs.

NRS 583.150           Sale of unbranded or unstamped incubated eggs unlawful.

NRS 583.160           Sale of fresh eggs not conforming to classifications unlawful.

NRS 583.170           Sale or offer for sale of eggs without designation of size and quality unlawful.

NRS 583.180           Size and style of printing for designation of size and quality of eggs.

NRS 583.190           Marking of containers when eggs sold in lots of half cases or more.

NRS 583.200           Applicability of provisions.

NRS 583.210           Penalty.

INSPECTION OF MEAT AND POULTRY

NRS 583.255           Definitions.

NRS 583.265           “Adulterated” defined.

NRS 583.268           “Animal food manufacturer” defined.

NRS 583.272           “Capable of use as human food” defined.

NRS 583.275           “Container” defined.

NRS 583.285           “Immediate container” defined.

NRS 583.295           “Inspector” defined.

NRS 583.305           “Intrastate commerce” defined.

NRS 583.315           “Label” defined.

NRS 583.317           “Labeling” defined.

NRS 583.325           “Livestock” defined.

NRS 583.335           “Meat” defined.

NRS 583.339           “Meat broker” defined.

NRS 583.345           “Meat food product” defined.

NRS 583.355           “Misbranded” defined.

NRS 583.365           “Officer” defined.

NRS 583.368           “Official certificate” defined.

NRS 583.372           “Official device” defined.

NRS 583.375           “Official establishment” defined.

NRS 583.385           “Official inspection mark” defined.

NRS 583.389           “Official mark” defined.

NRS 583.405           “Poultry” defined.

NRS 583.407           “Poultry product” defined.

NRS 583.408           “Poultry products broker” defined.

NRS 583.411           “Processed” defined.

NRS 583.413           “Renderer” defined.

NRS 583.415           “Shipping container” defined.

NRS 583.425           “Wholesome Meat Act” defined.

NRS 583.429           “Wholesome Poultry Products Act” defined.

NRS 583.435           Declaration of policy; responsibilities of Division of Public and Behavioral Health of the Department of Health and Human Services.

NRS 583.439           Compliance required in intrastate commerce.

NRS 583.445           Ante mortem and postmortem inspection; quarantine; condemnation.

NRS 583.448           Authorization by Chief Medical Officer for person to act as inspector.

NRS 583.451           Authority of owner or operator of official establishment to act as inspector.

NRS 583.453           Official establishment: Requirements for permit; transferability and posting of permit.

NRS 583.455           Official establishment: Method of operation; requirements for approval; licensing by local government.

NRS 583.458           Official establishment: Suspension and reinstatement of permit; revocation of permit.

NRS 583.465           Labeling and marking of carcasses.

NRS 583.469           False or misleading markings, labels or containers: Use prohibited; stop orders; hearings; appeal.

NRS 583.472           Unlawful advertising of meat or meat products; penalty.

NRS 583.475           Prohibited acts.

NRS 583.476           Return of processed carcass of livestock, game mammal or bird: Return of carcass other than one delivered for processing prohibited under certain circumstances; marking of certain carcass required; penalty.

NRS 583.477           Equine carcasses or parts: Identification marks or labels required; separate processing may be required.

NRS 583.481           Registration of name, address and trade name of business required.

NRS 583.485           Records; examination of facilities and inventory.

NRS 583.495           Penalties.

NRS 583.505           Reporting of violations.

NRS 583.515           Exemptions.

NRS 583.525           Denial of inspection.

NRS 583.527           Inspection of articles not intended for use as food for humans prohibited; denaturing or other identification required.

NRS 583.529           Detention of articles for investigation of violations; removal of official marks.

NRS 583.535           Regulations of State Board of Health; appointment of necessary personnel.

NRS 583.537           Regulation of commerce in dead or diseased animals or poultry.

NRS 583.539           Regulation of storage and handling of carcasses and products.

NRS 583.543           Penalty for acceptance of bribes.

NRS 583.545           Inapplicability of state law; agreements with Federal Government.

NRS 583.549           Injunctive relief; specific enforcement.

NRS 583.555           Costs of inspection; schedule of killing days.

_________

MEAT AND FISH

      NRS 583.010  Sale or offer for sale of diseased or unwholesome meat or fish in city or town unlawful; penalty.

      1.  No person shall bring, expose or offer for sale, or sell in any city or town within this state, for human food, any:

      (a) Blown, meager, diseased or bad meat or game; or

      (b) Unsound, diseased or unwholesome fish.

      2.  No person shall bring, expose or offer for sale, or sell in any city or town within this state, the flesh of any animal which, when killed, was sick or diseased, or that died a natural or accidental death.

      3.  No person shall slaughter, expose for sale or sell, or bring or cause to be brought into any city or town within this state, for human food, any calf unless it is in good, healthy condition and 4 weeks of age.

      4.  Any article or animal that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      5.  Any person who, in violation of the provisions of this section, shall bring, slaughter, expose or offer for sale, or sell in any city or town within this state any article or animal which is unfit or unsafe for human food shall forfeit the same to the authorities.

      6.  Any sheriff, constable, police officer or other peace officer or the Chief Medical Officer shall forthwith remove any of the animals or articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      7.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 3:32:1891; C § 827; RL § 2990; NCL § 5307] + [4:32:1891; C § 828; RL § 2990; NCL § 5308] + [5:32:1891; C § 829; RL § 2992; NCL § 5309] + [6:32:1891; C § 830; RL § 2993; NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL § 2994; NCL § 5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL § 5312]—(NRS A 1961, 564)

      NRS 583.020  Sale of flesh of diseased animal or shellfish containers without approved stamp is gross misdemeanor.  Any person who shall knowingly sell any flesh of any diseased animal or any container containing shellfish, if such container does not have an approved stamp authorized by the Division of Public and Behavioral Health of the Department of Health and Human Services, is guilty of a gross misdemeanor.

      [1911 C&P § 270; RL § 6535; NCL § 10218]—(NRS A 1961, 564; 1963, 970; 1967, 1176; 1969, 991; 1973, 1406)

      NRS 583.030  Unlawful possession of carcass or part of carcass of certain animals; penalty.

      1.  It shall be unlawful for any person, firm or corporation to possess, with intent to sell:

      (a) The carcass or part of any carcass of any animal which has died from any cause other than being slaughtered in a sanitary manner;

      (b) The carcass or part of any carcass of any animal that shows evidence of any disease, or that came from a sick or diseased animal; or

      (c) The carcass or part of the carcass of any calf that was killed before it had attained the age of 4 weeks.

      2.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 2:48:1927; NCL § 10565] + [3:48:1927; A 1931, 144; 1931 NCL § 10566]—(NRS A 1961, 565)

      NRS 583.040  Sale or possession of carcass of animal slaughtered or prepared under insanitary conditions unlawful; insanitary conditions in slaughterhouses; penalties.

      1.  It shall be unlawful for any person, firm or corporation to sell within this State, or to possess with the intent to sell within this State, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      2.  Insanitary conditions shall be deemed to exist in any slaughterhouse that does not comply with the provisions of chapter 446 of NRS.

      3.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

      [1:48:1927; NCL § 10564] + [3:48:1927; A 1931, 144; 1931 NCL § 10566]—(NRS A 1961, 565; 1963, 970; 1967, 1176; 1973, 1406)

      NRS 583.045  Selling or offering to sell product of foreign country without label stating country of origin prohibited; penalty.

      1.  No person or corporation may sell or offer for sale to the consumer through a meat market, store or otherwise any meats, either fresh or frozen, which are products of any country foreign to the United States, without first indicating such fact by labels or brands on each quarter, half or whole carcass of such meat, and on each counter display containing any of the above-described products, naming the country of its origin.

      2.  Any person violating any of the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1965, 433)

      NRS 583.050  Selling meat of equine animal without informing purchaser unlawful; peddling meat of equine animal without possession of hide unlawful; penalty.

      1.  It shall be unlawful for any person to sell the meat of any equine animal without informing the purchaser thereof, at the time of such sale, that the meat is the meat of an equine animal.

      2.  It shall be unlawful for any person peddling the meat of any equine animal, who is not the keeper of any shop or meat market, to sell such meat without possessing then and there the hide of such animal containing the brand and other marks thereon, and upon request not to exhibit the hide of such animal containing the brand and other marks thereon.

      3.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      [1911 C&P § 259; RL § 6524; NCL § 10207] + [1911 C&P § 260; RL § 6525; NCL § 10208]—(NRS A 1961, 566)

      NRS 583.055  Program for grading and certifying meats, prepared meats and meat products: Establishment; cooperative agreements; regulations; fees.

      1.  The State Department of Agriculture shall establish a program for grading and certifying meats, prepared meats and meat products in conformity with federal practice.

      2.  The Department may enter into cooperative agreements with the Agricultural Marketing Service of the United States Department of Agriculture and the College of Agriculture of the University of Nevada, Reno, and adopt appropriate regulations to carry out the program.

      3.  The Department may establish fees, to be collected from slaughtering or other processing operations, for the purpose of grading and certifying meats, prepared meats and meat products.

      (Added to NRS by 1977, 281; A 1993, 417, 1774; 1995, 579; 1999, 3716)

PRODUCE

      NRS 583.060  Sale or offer for sale of diseased or unwholesome produce in city or town unlawful; penalty.

      1.  No person shall bring, expose or offer for sale, or sell in any city or town within this state for human food any unsound, diseased or unwholesome fruit, vegetables or other market produce.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, police officer or other peace officer or the Chief Medical Officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      5.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 5:32:1891; C § 829; RL § 2992; NCL § 5309] + [Part 6:32:1891; C § 830; RL § 2993; NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL § 2994; NCL § 5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL § 5312]—(NRS A 1961, 566)

POULTRY

      NRS 583.070  Sale or offer for sale of diseased or blown poultry in city or town unlawful; penalty.

      1.  No person shall bring, expose or offer for sale, or sell in any city or town within this state for human food any blown, meager, diseased or bad poultry.

      2.  Any article that shall be offered or exhibited for sale, in any part of this state, in any market or elsewhere, as though it were intended for sale, shall be deemed offered and exposed for sale, within the intent and meaning of this section.

      3.  Any person who, in violation of the provisions of this section, shall bring, expose or offer for sale, or sell in any city or town within this state any article which is unfit or unsafe for human food shall forfeit the same to the authorities.

      4.  Any sheriff, constable, police officer or other peace officer or the Chief Medical Officer shall forthwith remove any of the articles named in this section, when aware of the existence thereof, at the expense of the owner thereof, in a manner that will insure safety and protection to the public.

      5.  Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 5:32:1891; C § 829; RL § 2992; NCL § 5309] + [Part 6:32:1891; C § 830; RL § 2993; NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL § 2994; NCL § 5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL § 5312]—(NRS A 1961, 566)

      NRS 583.080  Possession with intent to sell improperly slaughtered or processed fowl unlawful; penalty.

      1.  It shall be unlawful for any person, firm or corporation to possess, with intent to sell:

      (a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner;

      (b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl; or

      (c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the Division of Public and Behavioral Health of the Department of Health and Human Services or in accordance with poultry regulations adopted by the Division.

      2.  Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.

      [Part 2:48:1927; NCL § 10565] + [3:48:1927; A 1931, 144; 1931 NCL § 10566]—(NRS A 1961, 567; 1963, 970; 1967, 1176; 1973, 1406)

EGGS

      NRS 583.110  Definitions.  As used in NRS 583.110 to 583.210, inclusive, unless the context otherwise requires, the words and terms defined in NRS 583.111 to 583.120, inclusive, have the meanings ascribed to them in those sections.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.111  “Addled” and “white rot” defined.  “Addled” or “white rot” means putrid or rotten.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.112  “Adherent yolk” defined.  “Adherent yolk” means the yolk has settled to one side and become fastened to the shell.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.113  “Black rot” defined.  “Black rot” means the deterioration of an egg to such an extent that the whole interior presents a blackened appearance before the candle.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.114  “Black spot” defined.  “Black spot” means the presence of mold or bacteria in isolated areas inside the shell.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.115  “Blood streak” defined.  “Blood streak” means the presence of blood in an egg due to partial incubation.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.116  “Consumer” defined.  “Consumer” means any person purchasing eggs for his or her family’s use or consumption, or a restaurant, hotel, boardinghouse, bakery or other institution purchasing eggs for serving to guests or patrons, or for its use in cooking or baking.

      [Part 2:164:1927; NCL § 5161] + [Part 5:164:1927; NCL § 5164]—(NRS A 1985, 529)

      NRS 583.117  “Fresh eggs,” “ranch eggs” and “farm eggs” defined.  “Fresh eggs,” “ranch eggs,” “farm eggs” or any other terms that represent eggs to be fresh mean eggs that:

      1.  Meet the minimum quality of grade A under the grades and standards prescribed by the State Quarantine Officer;

      2.  Have not acquired any offensive odor or taste, such as onion, garlic, processed meats or citrus; and

      3.  Do not have a poor color as the result of processing, storage or any other cause.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.118  “Incubated eggs” defined.  “Incubated eggs” includes eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.119  “Moldy” defined.  “Moldy” means the presence of mold inside the shell.

      [Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)

      NRS 583.120  “Retailer” defined.  “Retailer” means any person, firm, corporation or association which sells eggs to a consumer.

      [Part 2:164:1927; NCL § 5161] + [Part 5:164:1927; NCL § 5164]—(NRS A 1985, 529)

      NRS 583.130  State Quarantine Officer: Regulations; grades and standards for eggs.  The State Quarantine Officer shall:

      1.  Enforce the provisions of NRS 583.110 to 583.210, inclusive.

      2.  Make and fix grades and standards for eggs.

      3.  Make such rules and regulations as may be necessary for the enforcement of NRS 583.110 to 583.210, inclusive.

      [6:164:1927; A 1931, 410; 1931 NCL § 5165]

      NRS 583.140  Sale of eggs unfit for human food prohibited; denatured eggs.

      1.  No person, firm or corporation shall sell, or offer or expose for sale, any egg unfit for human food unless the same is broken in shell and then denatured so that it cannot be used for human food.

      2.  For the purpose of NRS 583.110 to 583.210, inclusive, an egg shall be deemed unfit for human food if:

      (a) It is addled or moldy;

      (b) If it contains black spots, black rot, white rot or blood streaks;

      (c) If it has an adherent yolk or bloody or green white (albumen); or

      (d) If it consists in whole or in part of a filthy, decomposed or putrid substance.

      [1:164:1927; NCL § 5160]

      NRS 583.150  Sale of unbranded or unstamped incubated eggs unlawful.  It shall be unlawful to offer or expose for sale or sell incubated eggs unless branded or stamped with the word “Incubated.”

      [Part 2:164:1927; NCL § 5161]

      NRS 583.160  Sale of fresh eggs not conforming to classifications unlawful.  It shall be unlawful for any person, firm or corporation to represent, advertise or sell as fresh eggs any eggs that do not conform to the classifications provided for fresh eggs in NRS 583.110 to 583.210, inclusive.

      [3:164:1927; NCL § 5162]

      NRS 583.170  Sale or offer for sale of eggs without designation of size and quality unlawful.  It shall be unlawful for any person, firm or corporation to sell or offer or expose for sale any eggs intended for human consumption:

      1.  Unless each container and subcontainer is marked with the full, correct and unabbreviated designation of size and quality of the eggs contained therein, according to the grade and standards prescribed by the State Quarantine Officer, and with the name and address of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

      2.  From bulk lots, open cases or other types of containers unless a plainly legible sign or placard is conspicuously placed and posted in such a position as to identify clearly and accurately the eggs contained therein and is marked with the full, correct and unabbreviated designation of size and quality of such eggs according to the grade and standards prescribed by the State Quarantine Officer.

      [4:164:1927; NCL § 5163]—(NRS A 1959, 246)

      NRS 583.180  Size and style of printing for designation of size and quality of eggs.

      1.  The designation of size and quality required by subsection 1 of NRS 583.170 shall be plainly and conspicuously marked in boldface type letters:

      (a) Not less than one-fourth inch in height on the outside top face of each container holding less than 15 dozen eggs.

      (b) Not less than one-half inch in height on one outside end of any container holding 15 dozen or more eggs.

      2.  The sign or placard required by subsection 2 of NRS 583.170 shall be plainly and conspicuously marked in boldface type letters not less than 1 inch in height.

      [Part 5:164:1927; NCL § 5164]—(NRS A 1959, 246)

      NRS 583.190  Marking of containers when eggs sold in lots of half cases or more.  When eggs are sold in lots of half cases or more, the container must be marked, showing plainly and truly the grade or grades of eggs therein contained, and an invoice must accompany the sale plainly and truly indicating the grade or grades of eggs sold.

      [Part 5:164:1927; NCL § 5164]

      NRS 583.200  Applicability of provisions.  The provisions of NRS 583.110 to 583.210, inclusive, shall not apply to any eggs being handled for, or in transit to, or sold to dealers in commercial centers to be candled and graded, but all such eggs offered for sale in half cases or more shall be plainly stamped or branded “Not candled” upon the outside of the container in letters 1 inch in height.

      [Part 5:164:1927; NCL § 5164]

      NRS 583.210  Penalty.  Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive, shall be guilty of a misdemeanor.

      [7:164:1927; NCL § 5166]—(NRS A 1961, 567)

INSPECTION OF MEAT AND POULTRY

      NRS 583.255  Definitions.  As used in NRS 583.255 to 583.555, inclusive, unless the context otherwise requires, the words and terms defined in NRS 583.265 to 583.429, inclusive, have the meanings ascribed to them in NRS 583.265 to 583.429, inclusive.

      (Added to NRS by 1969, 982; A 1971, 890; 1991, 21; 1997, 68)

      NRS 583.265  “Adulterated” defined.

      1.  “Adulterated” applies to any livestock or poultry carcass, part of either carcass, meat or meat food product if:

      (a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but if the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health.

      (b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:

             (1) A pesticide chemical in or on a raw agricultural commodity;

             (2) A food additive; or

             (3) A color additive,

Ê which may, in the judgment of the Officer, make such article unfit for human food.

      (c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a.

      (d) It bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348.

      (e) It bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 376.

      (f) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

      (g) It has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

      (h) It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.

      (i) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

      (j) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348.

      (k) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

      (l) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid or decomposed substance.

      2.  An article which is not adulterated under paragraph (c), (d) or (e) of subsection 1 shall be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by regulations of the Secretary of Agriculture in establishments at which inspection is maintained under the Wholesome Meat Act and the Wholesome Poultry Products Act.

      (Added to NRS by 1969, 982; A 1971, 890)

      NRS 583.268  “Animal food manufacturer” defined.  “Animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of poultry, cattle, sheep, swine, goats, horses, mules or other equines.

      (Added to NRS by 1971, 886)

      NRS 583.272  “Capable of use as human food” defined.  “Capable of use as human food” applies to any carcass, or part or product of a carcass, of any poultry, unless it is denatured or otherwise identified as required by regulations prescribed by the Officer to deter its use as human food, or it is naturally inedible by humans.

      (Added to NRS by 1971, 886)

      NRS 583.275  “Container” defined.  “Container” means any box, can, tin, cloth, plastic or any other receptacle, wrapper or cover.

      (Added to NRS by 1969, 983)

      NRS 583.285  “Immediate container” defined.  “Immediate container” means any consumer package or any other container in which an article, not consumer packaged, is packed.

      (Added to NRS by 1969, 983)

      NRS 583.295  “Inspector” defined.  “Inspector” means:

      1.  A person who has entered into a contract pursuant to NRS 583.448; or

      2.  An employee or official of the Division of Public and Behavioral Health of the Department of Health and Human Services authorized by the Officer to inspect livestock, poultry, game mammals or birds or carcasses or parts thereof.

      (Added to NRS by 1969, 984; A 1973, 1406; 1991, 21; 1993, 2799)

      NRS 583.305  “Intrastate commerce” defined.  “Intrastate commerce” means commerce within this state.

      (Added to NRS by 1969, 984)

      NRS 583.315  “Label” defined.  “Label” means any written, printed or graphic material upon the shipping container, if any, or upon the immediate container, including but not limited to an individual consumer package, of an article, or accompanying such article.

      (Added to NRS by 1969, 984)

      NRS 583.317  “Labeling” defined.  “Labeling” means all labels and other written, printed or graphic matter:

      1.  Upon any article or any of its containers or wrappers; or

      2.  Accompanying such article.

      (Added to NRS by 1971, 887)

      NRS 583.325  “Livestock” defined.  “Livestock” means cattle, sheep, swine, goats, horses or other equines, whether live or dead.

      (Added to NRS by 1969, 984; A 1971, 891)

      NRS 583.335  “Meat” defined.  “Meat” means any edible part of the carcass of any livestock.

      (Added to NRS by 1969, 984)

      NRS 583.339  “Meat broker” defined.  “Meat broker” means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules or other equines on commission, or otherwise negotiating purchases or sales of such articles other than for the person’s, firm’s or corporation’s own account or as an employee of another person, firm or corporation.

      (Added to NRS by 1971, 887)

      NRS 583.345  “Meat food product” defined.  “Meat food product” means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, goats, horses or other equines, except products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the Officer under such conditions as the Officer may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.

      (Added to NRS by 1969, 984; A 1971, 891)

      NRS 583.355  “Misbranded” defined.  “Misbranded” applies to any livestock or poultry carcass, part of either carcass, meat or meat food product if:

      1.  Its labeling is false or misleading in any particular.

      2.  It is offered for sale under the name of another food.

      3.  It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately thereafter, the name of the food imitated.

      4.  Its container is so made, formed or filled as to be misleading.

      5.  It is in a package or other container which does not bear a label showing:

      (a) The name and place of business of the manufacturer, packer or distributor; and

      (b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.

Ê Under paragraph (b), reasonable variations may be permitted, and exemptions as to small packages may be established, by regulations prescribed by the Officer.

      6.  Any word, statement or other information required by or under authority of NRS 583.255 to 583.555, inclusive, to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

      7.  It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act, 21 U.S.C. § 607 or section 8 of the Wholesome Poultry Products Act, 21 U.S.C. § 457, unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.

      8.  It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by regulations of the Secretary of Agriculture under section 7 of Title I of the Wholesome Meat Act, 21 U.S.C. § 607, or section 8 of the Wholesome Poultry Products Act, 21 U.S.C. § 457, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.

      9.  It is not subject to the provisions of subsection 7, unless its label bears:

      (a) The common or usual name of the food, if any; and

      (b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the Officer, be designated as spices, flavorings and colorings without naming each.

Ê To the extent that compliance with the requirements of paragraph (b) is impracticable, or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the Officer.

      10.  It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the Officer determines to be, and by regulations prescribed as, necessary in order fully to inform purchasers as to its value for such uses.

      11.  It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by regulations promulgated by the Officer.

      12.  It fails to bear, directly thereon or on its container, as the Officer may by regulations prescribe, the inspection legend and, unrestricted by any requirement of this section, such other information as the Officer may require in such regulations to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

      (Added to NRS by 1969, 984; A 1971, 892)

      NRS 583.365  “Officer” defined.  “Officer” means the Chief Medical Officer.

      (Added to NRS by 1969, 985)

      NRS 583.368  “Official certificate” defined.  “Official certificate” means any certificate prescribed by regulations of the Officer for issuance by an inspector or other person performing an official function.

      (Added to NRS by 1971, 887)

      NRS 583.372  “Official device” defined.  “Official device” means any device prescribed or authorized by the Officer for use in applying any official mark.

      (Added to NRS by 1971, 887)

      NRS 583.375  “Official establishment” defined.  “Official establishment” means any establishment in this state, other than an establishment covered by subsection 1 of NRS 583.545, which on a commercial basis slaughters or processes for hire any meat animal, game mammal, poultry or game bird for human consumption, and which has been inspected and approved by the Officer.

      (Added to NRS by 1969, 985; A 1975, 602; 1993, 2799)

      NRS 583.385  “Official inspection mark” defined.  “Official inspection mark” means any symbol, formulated pursuant to rules and regulations prescribed by the Officer, stating that an article was inspected and passed.

      (Added to NRS by 1969, 985)

      NRS 583.389  “Official mark” defined.  “Official mark” means the official inspection legend or any other symbol prescribed by regulations of the Officer to identify the status of any article or animal.

      (Added to NRS by 1971, 887)

      NRS 583.405  “Poultry” defined.  “Poultry” means any domesticated bird, whether live or dead.

      (Added to NRS by 1969, 985; A 1971, 893)

      NRS 583.407  “Poultry product” defined.  “Poultry product” means any poultry carcass, or part thereof, or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the Officer from definition as a poultry product under such conditions as the Officer may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

      (Added to NRS by 1971, 887)

      NRS 583.408  “Poultry products broker” defined.  “Poultry products broker” means any person engaged in the business of buying or selling poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for the person’s own account or as an employee of another person.

      (Added to NRS by 1971, 887)

      NRS 583.411  “Processed” defined.  “Processed” means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed.

      (Added to NRS by 1971, 887)

      NRS 583.413  “Renderer” defined.  “Renderer” means any person, firm or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of poultry, cattle, sheep, swine, goats, horses, mules or other equines, except rendering conducted under inspection.

      (Added to NRS by 1971, 887)

      NRS 583.415  “Shipping container” defined.  “Shipping container” means any container used or intended for use in packaging the article packed in an immediate container.

      (Added to NRS by 1969, 985)

      NRS 583.425  “Wholesome Meat Act” defined.  “Wholesome Meat Act” means the Wholesome Meat Act, 34 Stat. 1260-1265, as amended, 21 U.S.C. §§ 601 et seq.

      (Added to NRS by 1969, 986; A 1971, 893)

      NRS 583.429  “Wholesome Poultry Products Act” defined.  “Wholesome Poultry Products Act” means the Wholesome Poultry Products Act, 82 Stat. 791, 21 U.S.C. §§ 451 et seq.

      (Added to NRS by 1971, 887)

      NRS 583.435  Declaration of policy; responsibilities of Division of Public and Behavioral Health of the Department of Health and Human Services.

      1.  Meat, meat food products, and poultry products are an important source of the supply of human food in this State and legislation to assure that such food supplies are unadulterated and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this State to provide for the inspection of slaughtered livestock, poultry and other animals, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of animal carcasses and parts thereof which are adulterated or otherwise unfit for human food.

      2.  The Division of Public and Behavioral Health of the Department of Health and Human Services is hereby designated as the single state agency primarily responsible for the administration of the program established by NRS 583.255 to 583.555, inclusive.

      (Added to NRS by 1969, 986; A 1971, 893; 1973, 1406; 1975, 602)

      NRS 583.439  Compliance required in intrastate commerce.  A person shall not, with respect to any poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits, game mammals or birds, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

      1.  Slaughter an animal or prepare an article which can be used as human food at any establishment preparing animals, carcasses or products for intrastate commerce, except in compliance with the provisions of NRS 583.255 to 583.555, inclusive.

      2.  Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any such articles which:

      (a) Are capable of use as human food;

      (b) Are adulterated or misbranded at the time of the sale, transportation, offer for sale or transportation, or receipt for transportation; or

      (c) Are required to be inspected pursuant to the provisions of this Title,

Ê unless they have been so inspected and passed.

      3.  Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after transportation which is intended to cause or has the effect of causing any article to be adulterated or misbranded.

      (Added to NRS by 1971, 888; A 1975, 602; 1991, 22; 1993, 2799)

      NRS 583.445  Ante mortem and postmortem inspection; quarantine; condemnation.

      1.  The Officer, an inspector or a person acting as an inspector shall make an ante mortem inspection of livestock, poultry and game mammals and birds in any official establishment where livestock, poultry or game mammals or birds are slaughtered for commercial purposes.

      2.  Whenever slaughtering or other processing operations are being conducted, the Officer, an inspector or a person acting as an inspector shall make postmortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in an official establishment.

      3.  The Officer, inspector or person acting as an inspector shall quarantine, segregate and reinspect livestock, poultry, game mammals and birds, and carcasses and parts thereof in official establishments as he or she deems necessary to effectuate the purposes of NRS 583.255 to 583.555, inclusive.

      4.  Except as otherwise provided in this section, all carcasses of livestock, poultry, other animals and parts thereof found by the Officer, an inspector or person acting as an inspector to be adulterated in any official establishment must be condemned by the Officer or an inspector. If no appeal is taken from the determination of condemnation, the carcasses must be destroyed for human food purposes under the supervision of an inspector unless the carcasses can, by reprocessing, be made unadulterated. In such a case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be unadulterated. If any appeal is taken from the determination of condemnation, the carcasses must be appropriately marked and segregated pending completion of an additional inspection. The appeal is at the cost of the appellant if the Officer, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the carcasses must be destroyed for human food purposes under the supervision of an inspector.

      (Added to NRS by 1969, 986; A 1971, 893; 1991, 22; 1993, 2800)

      NRS 583.448  Authorization by Chief Medical Officer for person to act as inspector.  The Officer may:

      1.  Enter into a contract with a person to perform the duties of an inspector.

      2.  Authorize the owner or operator of an official establishment to act as an inspector for ante mortem and postmortem inspections.

      (Added to NRS by 1991, 20)

      NRS 583.451  Authority of owner or operator of official establishment to act as inspector.  An owner or operator of an official establishment may act as an inspector for ante mortem and postmortem inspections if the owner or operator receives written approval from the Officer.

      (Added to NRS by 1991, 20)

      NRS 583.453  Official establishment: Requirements for permit; transferability and posting of permit.

      1.  A person shall not operate an official establishment unless the person receives a permit issued by the Officer.

      2.  A person must apply for a permit on a form provided by the Division of Public and Behavioral Health of the Department of Health and Human Services. The application must include:

      (a) The applicant’s full name and address;

      (b) A statement whether the applicant is a natural person, firm or corporation, and if a partnership, the names and addresses of the partners;

      (c) A statement of the location and type of proposed establishment; and

      (d) The signature of the applicant.

      3.  Upon receipt of an application, an inspector shall make an inspection of the establishment. If the inspection indicates that the requirements of this chapter have been met, the Officer shall issue a permit to the applicant.

      4.  A permit issued pursuant to this section is not transferable and must be posted in the establishment.

      (Added to NRS by 1991, 21)

      NRS 583.455  Official establishment: Method of operation; requirements for approval; licensing by local government.

      1.  Each official establishment at which livestock, poultry or game mammals or birds are slaughtered or carcasses or parts thereof are processed for intrastate commerce must be operated in accordance with sanitary practices required by rules or regulations prescribed by the Officer. Carcasses or parts of livestock, poultry or game mammals or birds must not be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act or the Wholesome Meat Act, or unless their admission is permitted by rules or regulations prescribed by the State Board of Health.

      2.  The Officer may issue a permit for an establishment to operate as an official establishment but shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.

      3.  A local government shall not issue a business license for operation of any establishment unless it has been issued a permit as an official establishment.

      (Added to NRS by 1969, 986; A 1971, 894; 1975, 603; 1991, 23; 1993, 2800)

      NRS 583.458  Official establishment: Suspension and reinstatement of permit; revocation of permit.

      1.  The Officer may suspend a permit if the holder fails to comply with the requirements of this chapter.

      2.  If a permit is suspended, the Officer shall notify the holder in writing. The notice must contain a statement informing the holder that a hearing will be provided if a written request for a hearing is filed by the holder with the Officer.

      3.  A person whose permit has been suspended may, at any time, apply for reinstatement of the permit. The application must contain a statement signed by the applicant that in the applicant’s opinion the conditions causing the suspension have been corrected. Within 10 days after receipt of a written request, an inspector shall make an inspection. If the applicant is complying with the requirements of this chapter, the permit must be reinstated.

      4.  After opportunity for a hearing, the Officer may permanently revoke a permit for serious or repeated violations of any of the provisions of this chapter or for interference with an inspector in the performance of the inspector’s duties. Before revoking a permit, the Officer shall notify the holder in writing, by certified mail, stating the reason for which the permit is subject to revocation and the requirements for filing a request for a hearing.

      5.  The Officer may permanently revoke a permit unless a request for a hearing is filed with the Officer by the holder of the permit within 10 days after service of notice.

      6.  A hearing must be conducted by the Officer at a time and place designated by the Officer. The Officer shall:

      (a) Make a finding and may sustain, modify or rescind any notice or order considered in the hearing.

      (b) Furnish a written report of the decision to the holder of the permit.

      (Added to NRS by 1991, 21)

      NRS 583.465  Labeling and marking of carcasses.

      1.  Each carcass of livestock, poultry or game mammals or birds and each primal part of such a carcass must bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The Officer may at any time require by regulation additional marks or label information to appear on the carcasses of livestock, poultry or game mammals or birds, or parts thereof. Marks and labels required by this section must be applied only by, or under the supervision of, an inspector.

      2.  If the Officer has reason to believe that any label in use or prepared for use is false or misleading in any particular, the Officer may direct that the use of the label be withheld unless it is modified in the manner prescribed by the Officer. If the person using or proposing to use the label does not accept the determination of the Officer, the person may request a hearing, but the use of the label must, if the Officer so directs, be withheld pending a hearing and final determination by the Officer. A determination by the Officer is conclusive unless, within 30 days after the receipt of notice of the determination, the person adversely affected appeals to the district court in and for the county in which the person’s principal place of business is located.

      (Added to NRS by 1969, 987; A 1971, 894; 1991, 23; 1993, 2801)

      NRS 583.469  False or misleading markings, labels or containers: Use prohibited; stop orders; hearings; appeal.

      1.  No article subject to the provisions of NRS 583.255 to 583.555, inclusive, shall be sold or offered for sale by any person, firm or corporation, in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other markings and labeling and containers which are not false or misleading and which are approved by the Officer are permitted.

      2.  If the Officer has reason to believe any person, firm or corporation is violating subsection 1, the Officer may direct that such practice be stopped.

      3.  If such person, firm or corporation using or proposing to use such marking, labeling or container objects to the direction of the Officer, the person, firm or corporation may request a hearing, but the use of such marking, labeling or container shall, if the Officer so directs, be withheld pending the hearing and final determination by the Officer.

      4.  Any final determination by the Officer shall be conclusive unless, within 30 days after receipt of notice of such determination, the person, firm or corporation adversely affected thereby appeals to the district court for the county in which such person, firm or corporation has its principal place of business.

      (Added to NRS by 1971, 887)

      NRS 583.472  Unlawful advertising of meat or meat products; penalty.

      1.  It is unlawful for the owner, proprietor or manager of a retail meat market, personally or through another, to advertise any prepackaged meat or meat food product with a United States Department of Agriculture grade unless such meat or meat food product is actually available to the public and bears the grade awarded to it by the United States Department of Agriculture.

      2.  It is unlawful for the owner, proprietor or manager of a retail meat market, personally or through another, to advertise carcass, quarter or primal cuts of meat with a USDA grade unless the USDA yield grade is included in the advertisement.

      3.  Any person who violates any provision of this section shall be punished by a fine of not more than $500.

      (Added to NRS by 1973, 197; A 1979, 1488)

      NRS 583.475  Prohibited acts.  It is unlawful for any person:

      1.  To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock or poultry carcass or part thereof unless such article has been inspected and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of NRS 583.255 to 583.555, inclusive, or the Wholesome Meat Act or the Wholesome Poultry Products Act.

      2.  To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be adulterated in accordance with NRS 583.255 to 583.555, inclusive, or which is misbranded.

      3.  Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with NRS 583.255 to 583.555, inclusive, or cause, procure, aid, assist in, or be a party to such false making, issuing, altering, forging, simulating, counterfeiting or unauthorized use, or knowingly to possess, without promptly notifying the Officer or the Officer’s representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with NRS 583.255 to 583.555, inclusive, when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the Officer or any form resembling any such certificate.

      4.  To misbrand or do an act intending to misbrand any livestock or poultry carcass or part thereof, in intrastate commerce.

      5.  To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.

      6.  To refuse at any reasonable time to permit access:

      (a) By a health officer or the health officer’s agents to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.

      (b) By the Secretary of Agriculture or the Secretary’s representative to the premises of any establishment specified in paragraph (a), for inspection and the taking of reasonable samples.

      7.  To refuse to permit access to and the copying of any record as authorized by NRS 583.485.

      8.  To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of NRS 583.255 to 583.555, inclusive, concerning any matter which as a trade secret is entitled to protection.

      9.  To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under NRS 583.255 to 583.555, inclusive, except as may be authorized by and pursuant to rules and regulations prescribed by the Officer.

      10.  To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce any adulterated or misbranded livestock or poultry carcass or part thereof which is exempted under NRS 583.515.

      11.  To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by NRS 583.255 to 583.555, inclusive, except by, or under the supervision of, an inspector.

      (Added to NRS by 1969, 987; A 1971, 895)

      NRS 583.476  Return of processed carcass of livestock, game mammal or bird: Return of carcass other than one delivered for processing prohibited under certain circumstances; marking of certain carcass required; penalty.

      1.  If a carcass of livestock or of a game mammal or bird is delivered for processing to a person who is engaged in the business of processing such carcasses, the person shall not, if he or she returns the carcass after processing it to the person who delivered it, return to that person a processed carcass other than the carcass which was delivered for processing.

      2.  For the purposes of carrying out the provisions of subsection 1, a person who is engaged in the business of processing carcasses of livestock or game mammals or birds shall mark any such carcass that is to be returned to the person who delivered it for processing in a manner which provides for the identification of that person.

      3.  A person who violates any provision of this section is guilty of a misdemeanor.

      (Added to NRS by 1997, 68)

      NRS 583.477  Equine carcasses or parts: Identification marks or labels required; separate processing may be required.

      1.  No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines or parts of such carcasses, or the meat or the meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by regulations prescribed by the Officer to show the kinds of animals from which they were derived.

      2.  When required by the Officer, with respect to establishments at which inspection is maintained under this Title, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which poultry, cattle, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.

      (Added to NRS by 1971, 888)

      NRS 583.481  Registration of name, address and trade name of business required.  No person, firm or corporation shall engage in business, in or for intrastate commerce:

      1.  As a meat broker, renderer or animal food manufacturer;

      2.  As a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, cattle, sheep, swine, goats, horses, mules or other equines, whether intended for human food or other purposes;

      3.  As a public warehouseman storing any such articles in or for intrastate commerce; or

      4.  Of buying, selling or transporting in intrastate commerce, or importing, any dead, dying, disabled or diseased animals of the specified kinds, or parts of the carcasses of any such animals that died otherwise than by slaughter,

Ê unless, when required by regulations of the Officer, the person, firm or corporation has registered with the Officer the name, and the address of each place of business at which and all trade names under which the person, firm or corporation conducts such business.

      (Added to NRS by 1971, 889)

      NRS 583.485  Records; examination of facilities and inventory.

      1.  Persons engaged in the business of slaughtering, freezing, packing, labeling, buying and selling for intrastate commerce or transporting, shipping or receiving in such commerce livestock or poultry slaughtered for human consumption or holding such articles so received shall maintain such records as the Officer by regulation may require, showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement or disposition of such articles, and shall, upon the request of the Officer, permit the Officer at reasonable times to have access to and to copy all such records.

      2.  Any person, firm or corporation that engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling or transporting, in such commerce, any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines, or poultry, or parts of the carcasses of any such animals that died otherwise than by slaughter, shall keep records subject to inspection pursuant to subsection 1.

      3.  Any record required to be maintained by this section shall be maintained for a period of 2 years after the transaction has taken place which is subject to such record.

      4.  Persons, firms or corporations specified in subsections 1 and 2 shall, at all reasonable times, upon notice by a duly authorized representative of the Officer, afford such representative access to their places of business and an opportunity to examine the facilities and inventory and to take reasonable samples of their inventory, upon payment of the fair market value thereof.

      (Added to NRS by 1969, 988; A 1971, 896)

      NRS 583.495  Penalties.

      1.  A person who:

      (a) Violates any of the provisions of NRS 583.475 and 583.485 is guilty of a misdemeanor.

      (b) Is once convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of those provisions is guilty of a gross misdemeanor.

      (c) Is twice convicted of violating the provisions of NRS 583.475 and 583.485 and again violates any of those provisions is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  When construing or enforcing the provisions of NRS 583.255 to 583.555, inclusive, the act, omission or failure of a person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of the person’s employment or office, shall in every case be deemed the act, omission or failure of the individual, partnership, corporation, association or other business unit, as well as of the person.

      3.  A carrier is not subject to the penalties imposed by this section by reason of the carrier’s receipt, carriage, holding or delivery, in the usual course of business as a carrier, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier:

      (a) Has knowledge, or is in possession of facts which would cause a reasonable person to believe, that the articles do not comply with the provisions of NRS 583.255 to 583.555, inclusive.

      (b) Refuses to furnish, on request of a representative of the Officer, the name and address of the person from whom the carrier received the livestock or poultry carcasses, or parts thereof, and copies of all documents pertaining to the delivery of such carcasses, or parts thereof, to the carrier.

      4.  A person, firm or corporation is not subject to the penalties imposed by this section for receiving for transportation any shipment in violation of NRS 583.255 to 583.555, inclusive, if the receipt was made in good faith, unless the person, firm or corporation refuses to furnish on request of a representative of the Officer:

      (a) The name and address of the person from whom such shipment was received; and

      (b) Copies of all documents pertaining to the delivery of the shipment to the person, firm or corporation.

      (Added to NRS by 1969, 988; A 1971, 896; 1995, 1305)

      NRS 583.505  Reporting of violations.  Before any person is prosecuted for violation of NRS 583.475 and 583.485, the Officer shall give such person against whom such proceeding is contemplated reasonable notice of the alleged violation and opportunity to present the person’s views orally or in writing with regard to such contemplated proceeding. Nothing in NRS 583.255 to 583.555, inclusive, requires that a person be prosecuted for violations of NRS 583.475 and 583.485 whenever the Officer believes that the public interest will be adequately served by a suitable written notice or warning.

      (Added to NRS by 1969, 989; A 1971, 897)

      NRS 583.515  Exemptions.

      1.  The State Board of Health shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as it may prescribe, exempt from specific provisions of NRS 583.255 to 583.555, inclusive:

      (a) Livestock producers and poultry producers, who are natural persons with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use by them, members of their households, nonpaying guests and employees.

      (b) Retail dealers with respect to:

             (1) Meat sold directly to consumers in individual retail stores or restaurants which are subject to inspection by the State Board of Health.

             (2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.

      (c) Persons slaughtering poultry or processing or handling poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the Officer determines is necessary to avoid conflict with such requirements.

      2.  The Officer may by order suspend or terminate for cause any exemption under this section.

      (Added to NRS by 1969, 989; A 1971, 897; 1975, 603)

      NRS 583.525  Denial of inspection.  The Officer may withdraw or otherwise deny approval with respect to any establishment, for such period as the Officer deems necessary, to effectuate the purposes of NRS 583.255 to 583.555, inclusive, for any violation of NRS 583.255 to 583.555, inclusive, by the operator, or any one responsibly connected with the operator, of such establishment.

      (Added to NRS by 1969, 990; A 1971, 898; 1975, 604)

      NRS 583.527  Inspection of articles not intended for use as food for humans prohibited; denaturing or other identification required.

      1.  Inspection shall not be provided pursuant to NRS 583.255 to 583.555, inclusive, at any establishment for the slaughter of poultry, cattle, sheep, swine, goats, horses, mules or other equines, or the preparation of any carcasses or parts thereof of such animals, which are not intended for use as human food.

      2.  Such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by regulations of the Officer to deter their use for human food.

      3.  No person, firm or corporation shall buy, sell, transport or offer for sale or transportation or receive for transportation in intrastate commerce or import, any carcasses, parts thereof, meat or meat food products of any such animals which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Officer or are naturally inedible by humans.

      (Added to NRS by 1971, 889)

      NRS 583.529  Detention of articles for investigation of violations; removal of official marks.

      1.  Whenever any carcass, part of a carcass, meat or meat food product of poultry, cattle, sheep, swine, goats, horses, mules or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goat or equine is found by any authorized representative of the Officer upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce or otherwise subject to NRS 583.255 to 583.555, inclusive, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of the provisions of NRS 583.255 to 583.555, inclusive, it may be detained by such representative for a period not to exceed 20 days, pending further investigation, and shall not be moved by any person, firm or corporation from the place at which it is located when so detained, until released by such representative.

      2.  All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Officer that the article or animal is eligible to retain such marks.

      (Added to NRS by 1971, 890)

      NRS 583.535  Regulations of State Board of Health; appointment of necessary personnel.

      1.  The State Board of Health shall promulgate such rules and regulations as are necessary to carry out its responsibilities pursuant to NRS 583.255 to 583.555, inclusive.

      2.  The rules and regulations must establish:

      (a) Procedures for hearings;

      (b) Standards for licensure;

      (c) Standards for ante mortem and postmortem inspections;

      (d) Standards for inspection of products; and

      (e) Fees for permits, licenses and inspections.

      3.  The rules and regulations must be in conformity with the provisions of the Wholesome Meat Act and Wholesome Poultry Products Act unless the Officer determines that a provision of the Act is not in accord with the objectives of NRS 583.255 to 583.555, inclusive.

      4.  The Officer shall appoint such qualified personnel as are necessary to carry out the Officer’s responsibilities pursuant to NRS 583.255 to 583.555, inclusive.

      (Added to NRS by 1969, 990; 1971, 899; 1991, 24)

      NRS 583.537  Regulation of commerce in dead or diseased animals or poultry.  No person, firm or corporation engaged in the business of buying, selling or transporting in intrastate commerce, or importing, dead, dying, disabled or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, or import, any dead, dying, disabled or diseased poultry, cattle, sheep, swine, goats, horses, mules or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter, unless such transaction, transportation or importation is made in accordance with such regulations as the Officer may prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.

      (Added to NRS by 1971, 889)

      NRS 583.539  Regulation of storage and handling of carcasses and products.  The Officer may by regulations prescribe conditions under which carcasses, parts of carcasses, meat and meat food products of poultry, cattle, sheep, swine, goats, horses, mules or other equines, rabbits or game mammals, capable of use as human food, must be stored or otherwise handled by any person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, or importing, such articles, whenever the Officer deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

      (Added to NRS by 1971, 889; A 1975, 604; 1993, 2801)

      NRS 583.543  Penalty for acceptance of bribes.  If an inspector or the Officer accepts any money, gift or other thing of value from a person, firm or corporation with the knowledge that the money, gift or other thing of value is to influence the inspector’s or Officer’s official duty pursuant to NRS 583.255 to 583.555, inclusive, the inspector or Officer must be summarily discharged from office and is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 889; A 1979, 1488; 1995, 1305)

      NRS 583.545  Inapplicability of state law; agreements with Federal Government.

      1.  NRS 583.255 to 583.555, inclusive, do not apply to any act or transaction subject to regulation under the Wholesome Poultry Products Act and the Wholesome Meat Act.

      2.  The Department of Health and Human Services may enter into agreements with the Federal Government in carrying out the provisions of NRS 583.255 to 583.555, inclusive, the Wholesome Poultry Products Act and the Wholesome Meat Act, and may accept financial aid from the Federal Government for such purpose.

      (Added to NRS by 1969, 990; A 1971, 899; 1973, 1406)

      NRS 583.549  Injunctive relief; specific enforcement.  The district courts of this state are vested with jurisdiction specifically to enforce and to prevent and restrain violations of NRS 583.255 to 583.555, inclusive.

      (Added to NRS by 1971, 887)

      NRS 583.555  Costs of inspection; schedule of killing days.

      1.  The cost of inspection of an official establishment must be paid by the owner or operator of the establishment.

      2.  The Officer may establish a mandatory schedule of killing days for an official establishment in any area of the State if the schedule conforms with the reasonable needs of the establishment and has received the approval of the Division of Public and Behavioral Health of the Department of Health and Human Services. If such a schedule is established, it must be exclusively used for the inspection of the slaughtering operations of the official establishment.

      (Added to NRS by 1969, 990; A 1971, 899; 1973, 1406; 1991, 24)