[Rev. 11/21/2013 12:26:08 PM--2013]

TITLE 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING

CHAPTER 581 - WEIGHTS AND MEASURES

GENERAL PROVISIONS

NRS 581.001           Definitions.

NRS 581.002           “Bulk sale” defined.

NRS 581.0025         “Commercial weighing and measuring equipment” defined.

NRS 581.003           “Correct” defined.

NRS 581.0045         “Division” defined.

NRS 581.007           “Net mass” and “net weight” defined.

NRS 581.010           “Package” defined.

NRS 581.012           “Primary standards” defined.

NRS 581.014           “Random weight package” defined.

NRS 581.016           “Secondary standards” defined.

NRS 581.018           “Standard package” defined.

NRS 581.021           “Weight” defined.

NRS 581.022           “Weights and measures” defined.

STATE SEALER OF CONSUMER EQUITABILITY

NRS 581.030           Director of State Department of Agriculture ex officio State Sealer of Consumer Equitability; enforcement of chapter.

NRS 581.050           General authority to adopt regulations.

NRS 581.057           Enforcement of chapter: Entry into commercial premises; stop-use, hold and removal orders; seizure of property; inspection of vehicles.

NRS 581.059           Enforcement of chapter: Authority to obtain restraining order or temporary or permanent injunction.

NRS 581.065           Duties: Proper use of weights and measures used in commercial services; prevention of unfair and deceptive dealing; availability of facilities of Division; promotion of uniformity with laws of other states and federal agencies; ensurance of equity between buyers and sellers.

NRS 581.067           Duties: Standards for weights and measures; exemptions; investigations; inspections, tests and approval of weights and measures; terms and units of weights and measures; provision of training for governmental employees; determination of accuracy of prices.

NRS 581.075           Fees.

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR MEASURING DEVICES

NRS 581.103           Registration required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 581.103           Registration required. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 581.1032         Payment of child support: Statement by applicant for certificate of registration; grounds for denial of certificate; duty of State Sealer of Consumer Equitability. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 581.1034         Suspension of certificate of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 581.1036         Renewal of certificate of registration: Requirements; duties of State Sealer of Consumer Equitability; grounds for denial of renewal. [Effective January 1, 2014.]

PACKAGING

NRS 581.304           Requirements for random weight packages and standard packages; exemptions.

NRS 581.306           Additional requirements for random weight packages of same commodity.

NRS 581.315           Requirements for packaged commodity that is advertised with retail price stated.

NRS 581.320           Fluid dairy products: Packages for retail sale; marking of containers.

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT

NRS 581.365           Standards for determining quantity of commodities in liquid form and commodities not in liquid form; provision of information necessary to make price and quantity comparisons.

NRS 581.375           Misrepresentation of quantity prohibited.

NRS 581.377           Misrepresentation of price prohibited.

NRS 581.385           Delivery ticket required for certain bulk sales and bulk deliveries; contents of delivery ticket.

NRS 581.395           Rebuttable presumption that weight or measure, or weighing or measuring device is regularly used for business purposes.

UNLAWFUL ACTS AND PENALTIES

NRS 581.415           Prohibited acts; civil penalty.

NRS 581.417           Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in State General Fund.

NRS 581.445           Criminal penalties.

_________

GENERAL PROVISIONS

      NRS 581.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 581.002 to 581.022, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 633; A 1981, 335; 1985, 529; 2003, 2319)

      NRS 581.002  “Bulk sale” defined.  “Bulk sale” means the sale of commodities when the quantity is determined at the time of sale.

      (Added to NRS by 2003, 2313)

      NRS 581.0025  “Commercial weighing and measuring equipment” defined.  “Commercial weighing and measuring equipment” means weights and measures, and weighing and measuring devices, used commercially in:

      1.  Establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, purchase, offer or submission for sale, hire or award; or

      2.  Computing any basic charge or payment for services rendered on the basis of weight or measure.

      (Added to NRS by 2003, 2313)

      NRS 581.003  “Correct” defined.  “Correct” means in conformance with all applicable requirements of this chapter and the regulations adopted pursuant thereto.

      (Added to NRS by 1969, 633; A 2003, 2319)

      NRS 581.0045  “Division” defined.  “Division” means the Division of Consumer Equitability of the State Department of Agriculture.

      (Added to NRS by 2003, 2313; A 2013, 2472)

      NRS 581.007  “Net mass” and “net weight” defined.  “Net mass” or “net weight” means the mass or weight of a commodity, excluding any materials, substances or items not considered to be part of the commodity. The terms do not include materials, substances or any other items not considered to be a part of the commodity, including, without limitation, containers, conveyances, bags, wrappers, packaging materials, labels, individual piece coverings, decorative accompaniments and coupons, except that, depending on the service to be rendered, shipping and packaging material may be included in the weight of the package.

      (Added to NRS by 2003, 2313)

      NRS 581.010  “Package” defined.

      1.  “Package” means any commodity, whether in a standard package or random weight package:

      (a) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or

      (b) Whose weight or measure has been determined in advance of wholesale or retail sale.

      2.  The term includes an individual item or lot of any commodity on which there is marked a selling price based on an established price per unit of weight or measure.

      [Part 27:169:1945; 1943 NCL § 8335.27]—(NRS A 1961, 561; 1969, 634; 2003, 2319)

      NRS 581.012  “Primary standards” defined.  “Primary standards” means the physical standards of the State of Nevada that serve as the legal reference from which all other standards for weights and measures are derived.

      (Added to NRS by 2003, 2314)

      NRS 581.014  “Random weight package” defined.  “Random weight package” means a package that is one package of a lot, shipment or delivery of packages of the same commodity with no fixed pattern of weights.

      (Added to NRS by 2003, 2314)

      NRS 581.016  “Secondary standards” defined.  “Secondary standards” means the physical standards that are traceable to the primary standards through comparisons or by using acceptable laboratory procedures, and that are used in the enforcement of statutes and regulations relating to weights and measures.

      (Added to NRS by 2003, 2314)

      NRS 581.018  “Standard package” defined.  “Standard package” means a package that is one of a lot, shipment or delivery of packages of the same commodity with declarations of identical net contents, including, without limitation, 1-liter bottles or 12-fluid-ounce cans of carbonated soda, 500-gram or 5-pound bags of sugar, or 100-meter or 300-foot packages of rope.

      (Added to NRS by 2003, 2314)

      NRS 581.021  “Weight” defined.  “Weight” means:

      1.  Net weight; or

      2.  If the commodity is sold by drained weight, net drained wet.

      (Added to NRS by 2003, 2314)

      NRS 581.022  “Weights and measures” defined.  “Weights and measures” means all weights and measures of every kind, and includes, without limitation, instruments and devices for weighing and measuring, and appliances and accessories associated with such instruments and devices.

      (Added to NRS by 2003, 2314)

STATE SEALER OF CONSUMER EQUITABILITY

      NRS 581.030  Director of State Department of Agriculture ex officio State Sealer of Consumer Equitability; enforcement of chapter.  The Director of the State Department of Agriculture, as ex officio State Sealer of Consumer Equitability, shall enforce the provisions of this chapter.

      [Part 19:169:1945; 1943 NCL § 8335.19]—(NRS A 1959, 618; 1961, 561; 1993, 1773; 1999, 3715; 2003, 2319; 2013, 2472)

      NRS 581.050  General authority to adopt regulations.

      1.  The State Sealer of Consumer Equitability may:

      (a) Adopt regulations necessary to carry out the provisions of this chapter.

      (b) Ensure that those regulations comply, insofar as practicable, with the specifications, tolerances and regulations recommended by the National Institute of Standards and Technologies.

      (c) Adopt regulations for the submission for approval of types and designs of weights and measures and commercial weighing and measuring equipment.

      2.  The State Sealer of Consumer Equitability shall adopt regulations which prescribe the:

      (a) Standards for weighing and measuring devices;

      (b) Requirements for the issuance of a certificate of registration pursuant to NRS 581.103; and

      (c) Standards for the equipment used to repair or adjust weighing or measuring devices.

      [26:169:1945; 1943 NCL § 8335.26]—(NRS A 1960, 36; 1995, 243; 2003, 2319; 2013, 2472)

      NRS 581.057  Enforcement of chapter: Entry into commercial premises; stop-use, hold and removal orders; seizure of property; inspection of vehicles.  The State Sealer of Consumer Equitability may, if necessary for the enforcement of this chapter and any regulations adopted pursuant thereto:

      1.  Enter any commercial premises during normal business hours upon presenting his or her credentials.

      2.  Issue stop-use, hold and removal orders for any weights and measures commercially used, and issue stop-sale, hold and removal orders for any packaged commodities or bulk sale commodities that are kept, offered or exposed for sale.

      3.  Seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale, or sold in violation of any provision of this chapter or any regulation adopted pursuant thereto.

      4.  Stop any commercial vehicle and, after presentation of his or her credentials, inspect the contents of the vehicle, require the person in charge of the vehicle to produce any documents in the person’s possession concerning the contents of the vehicle, and require that person to proceed with the vehicle to some specified place for inspection.

      (Added to NRS by 2003, 2316; A 2013, 2473)

      NRS 581.059  Enforcement of chapter: Authority to obtain restraining order or temporary or permanent injunction.  The State Sealer of Consumer Equitability may apply to any court of competent jurisdiction for a restraining order, temporary or permanent injunction, restraining a person from violating any provision of this chapter or any regulation adopted pursuant thereto.

      (Added to NRS by 2003, 2319; A 2013, 2473)

      NRS 581.065  Duties: Proper use of weights and measures used in commercial services; prevention of unfair and deceptive dealing; availability of facilities of Division; promotion of uniformity with laws of other states and federal agencies; ensurance of equity between buyers and sellers.  The State Sealer of Consumer Equitability shall:

      1.  Ensure that weights and measures used in commercial services within this state are suitable for their intended use, are properly installed and accurate, and are so maintained by their owner or user.

      2.  Prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.

      3.  Make available to all users of physical standards, or of weighing and measuring equipment, the precision calibration and related metrological certification capabilities of the facilities of the Division.

      4.  Promote uniformity, to the extent practicable and desirable, between the requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.

      5.  Adopt regulations establishing such requirements relating to weights and measures as are necessary to ensure equity between buyers and sellers, and thereby encourage desirable economic growth while protecting consumers.

      (Added to NRS by 2003, 2314; A 2013, 2473)

      NRS 581.067  Duties: Standards for weights and measures; exemptions; investigations; inspections, tests and approval of weights and measures; terms and units of weights and measures; provision of training for governmental employees; determination of accuracy of prices.  The State Sealer of Consumer Equitability shall:

      1.  Adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of Consumer Equitability determines appropriate.

      2.  Maintain traceability of the state standards to the national standards of the National Institute of Standards and Technology.

      3.  Enforce the provisions of this chapter.

      4.  Adopt other reasonable regulations for the enforcement of this chapter.

      5.  Establish requirements for:

      (a) Labeling;

      (b) The presentation of information relating to cost per unit;

      (c) Standards of weight, measure or count, and reasonable standards of fill, for any packaged commodity; and

      (d) Information relating to open dating of packaged food.

      6.  Grant such exemptions from the provisions of this chapter or any regulations adopted pursuant thereto as the State Sealer of Consumer Equitability determines appropriate to the maintenance of good commercial practices within this State.

      7.  Conduct investigations to ensure compliance with this chapter.

      8.  Delegate to appropriate personnel any of the responsibilities of the Division as needed for the proper administration of the Division.

      9.  Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415.

      10.  Inspect and test commercial weights and measures that are kept, offered or exposed for sale.

      11.  Inspect and test, to ascertain if they are correct, weights and measures that are commercially used to:

      (a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count; or

      (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

      12.  Test all weights and measures used in checking the receipt or disbursement of supplies by entities funded by legislative appropriations.

      13.  Approve for use such commercial weights and measures as the State Sealer of Consumer Equitability determines are correct and appropriate. The State Sealer of Consumer Equitability may mark such commercial weights and measures. The State Sealer of Consumer Equitability shall reject and order to be corrected, replaced or removed any commercial weights and measures found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of Consumer Equitability shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.

      14.  Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto. In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.

      15.  Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.

      16.  Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices.

      17.  Provide for the training of persons employed by any governmental entity within this State, including, without limitation, state, county and municipal personnel, who enforce the provisions of this chapter and chapter 582 of NRS, and any regulations adopted pursuant thereto, relating to weights and measures. The State Sealer of Consumer Equitability may establish by regulation minimum training and performance requirements which must be met by all such persons.

      18.  Verify advertised prices, price representations and point-of-sale systems, as necessary, to determine the accuracy of prices and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database. In carrying out the provisions of this subsection, the State Sealer of Consumer Equitability shall:

      (a) Employ recognized procedures for making such verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology;

      (b) Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, or point-of-sale systems, and for the enforcement of those standards; and

      (c) Conduct investigations to ensure compliance with those standards.

      (Added to NRS by 2003, 2314; A 2013, 2473)

      NRS 581.075  Fees.  The State Sealer of Consumer Equitability may establish:

      1.  A schedule of fees for any tests of weighing and measuring devices that the State Sealer of Consumer Equitability determines to be necessary.

      2.  An annual fee for the issuance of a certificate of registration pursuant to NRS 581.103.

      3.  An annual license fee for all commercial weighing and measuring equipment.

      (Added to NRS by 1960, 36; A 1983, 1102; 1995, 244; 2003, 2320; 2013, 2475)

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR MEASURING DEVICES

      NRS 581.103  Registration required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Any person who wishes to make any repair or adjustment, for hire, to a weighing or measuring device must submit to the State Sealer of Consumer Equitability:

      (a) An application for a certificate of registration on a form provided by the State Sealer of Consumer Equitability;

      (b) The statement required pursuant to NRS 581.1032;

      (c) The annual fee prescribed by regulation pursuant to subsection 2 of NRS 581.075; and

      (d) Such other information required by the State Sealer of Consumer Equitability.

      2.  An application for a certificate of registration must include the social security number of the applicant.

      (Added to NRS by 1960, 36; A 1967, 201; 1995, 244; 1997, 2013, 2097; 1999, 520; 2003, 2320; 2013, 2475)

      NRS 581.103  Registration required. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  Any person who wishes to make any repair or adjustment, for hire, to a weighing or measuring device must submit to the State Sealer of Consumer Equitability:

      1.  An application for a certificate of registration on a form provided by the State Sealer of Consumer Equitability;

      2.  The annual fee prescribed by regulation pursuant to subsection 2 of NRS 581.075; and

      3.  Such other information required by the State Sealer of Consumer Equitability.

      (Added to NRS by 1960, 36; A 1967, 201; 1995, 244; 1997, 2013, 2097; 1999, 520; 2003, 2320; 2013, 2475, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 581.1032  Payment of child support: Statement by applicant for certificate of registration; grounds for denial of certificate; duty of State Sealer of Consumer Equitability. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a certificate of registration pursuant to NRS 581.103 shall submit to the State Sealer of Consumer Equitability the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The State Sealer of Consumer Equitability shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate of registration; or

      (b) A separate form prescribed by the State Sealer of Consumer Equitability.

      3.  A certificate of registration may not be issued or renewed by the State Sealer of Consumer Equitability pursuant to NRS 581.103 if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Sealer of Consumer Equitability shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2096; A 2013, 2476)

      NRS 581.1034  Suspension of certificate of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the State Sealer of Consumer Equitability receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration issued pursuant to NRS 581.103, the State Sealer of Consumer Equitability shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Sealer of Consumer Equitability receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Sealer of Consumer Equitability shall reinstate a certificate of registration issued pursuant to NRS 581.103 that has been suspended by a district court pursuant to NRS 425.540 if the State Sealer of Consumer Equitability receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2096; A 2013, 2476)

      NRS 581.1036  Renewal of certificate of registration: Requirements; duties of State Sealer of Consumer Equitability; grounds for denial of renewal. [Effective January 1, 2014.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of registration pursuant to NRS 581.103 must indicate in the application submitted to the State Sealer of Consumer Equitability whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the state business license number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate of registration may not be renewed by the State Sealer of Consumer Equitability if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Sealer of Consumer Equitability pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2739, effective January 1, 2014)

PACKAGING

      NRS 581.304  Requirements for random weight packages and standard packages; exemptions.

      1.  Except as otherwise provided in this chapter, any random weight package or standard package kept, offered or exposed for sale, must bear on the outside of the package a definite, plain and conspicuous declaration of:

      (a) The identity of the commodity in the package, unless the commodity is a food, other than meat or poultry, that was repackaged in a retail establishment and displayed to the purchaser where:

             (1) The interstate labeling for the repackaged food is clearly in view or the food has a counter card, sign or other appropriate device bearing prominently and conspicuously the common or usual name of the food; or

             (2) The common or usual name of the food is clearly revealed by its appearance;

      (b) The quantity of contents of the package, in terms of weight, measure or count; and

      (c) If the package is kept, offered or exposed for sale, or sold, in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor.

      2.  The State Sealer of Consumer Equitability may exempt any type of random weight package or standard package, or commodity from the provisions of this section by regulation.

      (Added to NRS by 2003, 2317; A 2013, 2477)

      NRS 581.306  Additional requirements for random weight packages of same commodity.  In addition to the declarations required by NRS 581.304, each random weight package of the same commodity must, at the time such packages are offered or exposed for sale at retail, bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound and the total selling price of the package.

      (Added to NRS by 2003, 2317)

      NRS 581.315  Requirements for packaged commodity that is advertised with retail price stated.  If a packaged commodity is advertised in any manner with the retail price stated, a declaration of quantity as required by this chapter or any regulation adopted pursuant thereto must appear on the package in such a manner as to be closely and conspicuously associated with the retail price of the packaged commodity.

      (Added to NRS by 2003, 2318)

      NRS 581.320  Fluid dairy products: Packages for retail sale; marking of containers.

      1.  All fluid dairy products must be packaged for retail sale in:

      (a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon; or

      (b) Such other amounts as are approved, jointly, by the State Dairy Commission and the State Sealer of Consumer Equitability.

      2.  Each container used for the sale of such products must:

      (a) Be marked with its capacity;

      (b) Be marked with the name, initial or trademark of the manufacturer;

      (c) Be marked with such other information as required by the State Dairy Commission and the State Sealer of Consumer Equitability; and

      (d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of the difference in volume.

      3.  This section does not apply to eating establishments serving milk in glasses with meals.

      [10:169:1945; 1943 NCL § 8335.09]—(NRS A 1960, 36; 1969, 636; 1971, 365; 1975, 362; 1999, 3168; 2013, 2477)

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT

      NRS 581.365  Standards for determining quantity of commodities in liquid form and commodities not in liquid form; provision of information necessary to make price and quantity comparisons.

      1.  Except as otherwise provided by regulation or order of the State Sealer of Consumer Equitability or by established trade custom and practice recognized by regulation or order of the State Sealer of Consumer Equitability:

      (a) Commodities in liquid form must be sold by liquid measure or by weight; and

      (b) Commodities not in liquid form must be sold by weight, by measure or by count.

      2.  The method of sale of a commodity must provide such accurate and adequate information concerning quantity as will enable the buyer to make price and quantity comparisons.

      (Added to NRS by 2003, 2317; A 2013, 2478)

      NRS 581.375  Misrepresentation of quantity prohibited.  A person shall not:

      1.  Sell or offer or expose for sale a quantity less than the quantity represented;

      2.  Take more than the quantity represented when, as a buyer, the person furnishes the weight or measure by which the quantity is determined; or

      3.  Represent the quantity in any manner calculated or tending to mislead, or in any way to deceive, another person.

      (Added to NRS by 2003, 2316)

      NRS 581.377  Misrepresentation of price prohibited.  A person shall not:

      1.  Misrepresent the price of any commodity or service sold, or offered, exposed or advertised for sale, by weight, measure or count; or

      2.  Misrepresent the price of such a commodity or service in any manner calculated or tending to mislead or in any way to deceive a person.

      (Added to NRS by 2003, 2316)

      NRS 581.385  Delivery ticket required for certain bulk sales and bulk deliveries; contents of delivery ticket.  All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by regulation of the State Sealer of Consumer Equitability must be accompanied by a delivery ticket containing:

      1.  The name and address of the buyer and seller;

      2.  The date delivered;

      3.  The quantity delivered and the quantity upon which the price is based, if the quantity upon which the price is based differs from the quantity delivered;

      4.  The unit price, unless otherwise agreed upon by both the buyer and seller;

      5.  The identity of the commodity, in the most descriptive terms commercially practicable, including any representation about the quality of the commodity made in connection with the sale; and

      6.  Where commodities are bought from bulk but delivered in packages, the count of individually wrapped packages if more than one individually wrapped package is being sold.

      (Added to NRS by 2003, 2317; A 2013, 2478)

      NRS 581.395  Rebuttable presumption that weight or measure, or weighing or measuring device is regularly used for business purposes.  The presence of a weight or measure, or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, creates a rebuttable presumption that the weight or measure, or weighing or measuring device is regularly used for the business purposes of that place.

      (Added to NRS by 2003, 2319)

UNLAWFUL ACTS AND PENALTIES

      NRS 581.415  Prohibited acts; civil penalty.

      1.  A person shall not:

      (a) Use in commerce, or have in his or her possession for use in commerce, any incorrect weight or measure;

      (b) Sell or offer for sale for use in commerce any incorrect weight or measure;

      (c) Remove any tag, seal or mark from any weight or measure without specific written authorization from the proper authority;

      (d) Hinder or obstruct any inspector of the Division in the performance of the inspector’s duties; or

      (e) Violate any provisions of this chapter or any regulation adopted pursuant thereto.

      2.  A person who violates any provision of this section is, in addition to any criminal penalty that may be imposed, subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of Consumer Equitability pursuant to subsection 9 of NRS 581.067.

      (Added to NRS by 2003, 2318; A 2013, 2478)

      NRS 581.417  Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in State General Fund.

      1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Consumer Equitability or a designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Consumer Equitability or the designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Consumer Equitability; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 2003, 2318; A 2013, 2478)

      NRS 581.445  Criminal penalties.

      1.  Except as otherwise provided in subsection 2, a person who violates any provision of NRS 581.415 is guilty of a gross misdemeanor and shall be punished:

      (a) For the first offense, by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $500 or more than $2,000, or by both fine and imprisonment.

      (b) For a second or subsequent offense, by imprisonment in the county jail for not more than 364 days, or by a fine of not less than $2,000 or more than $5,000, or by both fine and imprisonment.

      2.  A person who:

      (a) Intentionally violates any provision of this chapter or any regulation adopted pursuant thereto;

      (b) Is convicted pursuant to subsection 1 more than three times in a 2-year period; or

      (c) Uses or has in his or her possession any device which has been altered to facilitate fraud,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2003, 2318; A 2013, 989)