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

[Rev. 6/29/2024 4:32:45 PM--2023]

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

GENERAL PROVISIONS

NRS 583.005 “Department” defined.

MEAT AND FISH

NRS 583.010 Sale or offer for sale of unsound, diseased or unwholesome fish, meat or game unlawful; civil penalty.

NRS 583.030 Possession with intent to sell carcass of diseased or improperly slaughtered animal unlawful; civil penalty.

NRS 583.040 Sale or possession with intent to sell carcass of animal slaughtered or prepared under insanitary conditions unlawful; insanitary conditions in slaughterhouses; civil penalty.

NRS 583.045 Sale or offer for sale of meat of foreign country without label stating country of origin prohibited; civil penalty.

NRS 583.050 Equine animals: Sale of meat without informing purchaser unlawful; peddling meat without possession of hide unlawful; civil 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 unsound, diseased or unwholesome produce unlawful; civil penalty.

NRS 583.065 Adoption by reference of federal standards for growing, harvesting, packing and holding of produce for human consumption; performance of inspections; enforcement; regulations.

POULTRY

NRS 583.070 Sale or offer for sale of unsound, diseased or unwholesome poultry unlawful; civil penalty.

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

NRS 583.085 Permit for slaughter and sale of raw poultry to consumer at farm or other facility: Regulations; requirements; fees; farm or facility deemed official establishment.

EGGS

Regulation and Sale of 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 Civil penalty.

Cage-Free Eggs

NRS 583.211 Definitions.

NRS 583.212 “Business owner or operator” defined.

NRS 583.213 “Cage-free housing system” defined.

NRS 583.214 “Egg products” defined.

NRS 583.215 “Egg-laying hen” defined.

NRS 583.216 “Enclosure” defined.

NRS 583.217 “Farm” defined.

NRS 583.218 “Farm owner or operator” defined.

NRS 583.219 “Multi-tiered aviary” defined.

NRS 583.2205 “Partially slatted system” defined.

NRS 583.221 “Sale” defined.

NRS 583.222 “Shell egg” defined.

NRS 583.223 “Single-level, all-litter floor system” defined.

NRS 583.224 “Usable floor space” defined.

NRS 583.231 Legislative declaration.

NRS 583.235 Applicability.

NRS 583.237 Prohibitions on confining egg-laying hens in certain enclosures; exceptions.

NRS 583.239 Endorsement to sell, offer or expose for sale or transport for sale egg products or shell eggs: Requirement; application; issuance; inspection; duration; notice of renewal; prohibition on charging fees.

NRS 583.241 Endorsement to sell, offer or expose for sale or transport for sale egg products or shell eggs: Denial, suspension or revocation.

NRS 583.243 Endorsement to sell, offer or expose for sale or transport for sale egg products or shell eggs: Appeal of denial, suspension or revocation.

NRS 583.245 Business owners and operators: Prohibition on engaging in certain acts; requirement to obtain, retain and provide copies of certain certificates; reliance in good faith is defense.

NRS 583.247 Enforcement; free access to farm or business and records of farm or business.

NRS 583.249 Regulations.

NRS 583.251 Civil 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 583.277 “Custom processing establishment” 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 583.357 “Mobile processing unit” 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; administration by Department.

NRS 583.439 Compliance required in intrastate commerce.

NRS 583.445 Ante mortem and postmortem inspection; quarantine; condemnation; processing in lieu of condemnation under certain circumstances.

NRS 583.448 Authorization by State Quarantine 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 Permit for official establishment: Application; inspection; nontransferability; posting.

NRS 583.454 License for custom processing establishment or mobile processing unit: Regulations; requirements; fees; establishment or unit deemed official establishment.

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 Unlawful acts.

NRS 583.476 Return of processed carcass of livestock, game mammal or bird other than one delivered for processing prohibited; marking of carcass required; penalties.

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; persons not subject to penalties.

NRS 583.505 Reporting of violations.

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 583.537 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 State law inapplicable to act or transaction regulated by federal act; agreements with Federal Government.

NRS 583.549 Injunctive relief; specific enforcement.

NRS 583.555 Costs of inspection; schedule of killing days.

PENALTIES

NRS 583.700 Civil penalties; deposit and use of money.

_________

NOTE: Sections 5 to 14, inclusive, of chapter 259, Statutes of Nevada 2015, at pp. 1258-1261 have been codified as NRS 587.691 to 587.699, inclusive.

GENERAL PROVISIONS

NRS 583.005 “Department” defined. As used in this chapter, unless the context otherwise requires, “Department” means the State Department of Agriculture.

(Added to NRS by 2015, 3623)

MEAT AND FISH

NRS 583.010 Sale or offer for sale of unsound, diseased or unwholesome fish, meat or game unlawful; civil penalty.

1. No person shall bring, expose or offer for sale, or sell within this state, for human food, any unsound, diseased or unwholesome fish, meat or game.

2. No person shall bring, expose or offer for sale, or sell 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 this state, for human food, any calf unless it is in good, healthy condition.

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 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 State Quarantine 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 ensure safety and protection to the public.

7. Any person violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

[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; 2015, 3623)

NRS 583.030 Possession with intent to sell carcass of diseased or improperly slaughtered animal unlawful; civil 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; or

(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.

2. Any person, firm or corporation violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

[Part 2:48:1927; NCL § 10565] + [3:48:1927; A 1931, 144; 1931 NCL § 10566]—(NRS A 1961, 565; 2015, 3624)

NRS 583.040 Sale or possession with intent to sell carcass of animal slaughtered or prepared under insanitary conditions unlawful; insanitary conditions in slaughterhouses; civil penalty.

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 Department.

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 is subject to a civil penalty pursuant to NRS 583.700.

[1:48:1927; NCL § 10564] + [3:48:1927; A 1931, 144; 1931 NCL § 10566]—(NRS A 1961, 565; 1963, 970; 1967, 1176; 1973, 1406; 2015, 3624)

NRS 583.045 Sale or offer for sale of meat of foreign country without label stating country of origin prohibited; civil 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 subject to a civil penalty pursuant to NRS 583.700.

(Added to NRS by 1965, 433; A 2015, 3624)

NRS 583.050 Equine animals: Sale of meat without informing purchaser unlawful; peddling meat without possession of hide unlawful; civil 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 is subject to a civil penalty pursuant to NRS 583.700.

[1911 C&P § 259; RL § 6524; NCL § 10207] + [1911 C&P § 260; RL § 6525; NCL § 10208]—(NRS A 1961, 566; 2015, 3624)

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

1. The Department may 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, Biotechnology and Natural Resources 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; 2015, 3624)

PRODUCE

NRS 583.060 Sale or offer for sale of unsound, diseased or unwholesome produce unlawful; civil penalty.

1. No person shall bring, expose or offer for sale, or sell 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 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 State Quarantine 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 ensure safety and protection to the public.

5. Any person violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

[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; 2015, 3625)

NRS 583.065 Adoption by reference of federal standards for growing, harvesting, packing and holding of produce for human consumption; performance of inspections; enforcement; regulations.

1. The Department hereby adopts by reference the provisions of 21 C.F.R. Part 112:

(a) For the purpose set forth in subsection 2; and

(b) In the form most recently published, unless the Department gives notice that the most recent revision is not suitable for this State.

2. Pursuant to 21 C.F.R. Part 112, the Department shall perform inspections of farms that are required to comply with 21 C.F.R. Part 112.

3. The State Quarantine Officer shall issue an order to cease and desist and an order to recall produce, if appropriate, to a person who:

(a) Conducts operations that provide produce which create an immediate food safety risk in violation of 21 C.F.R. Part 112; or

(b) Fails to resolve repeated violations of 21 C.F.R. Part 112.

4. The Department may adopt regulations to carry out the provisions of this section.

(Added to NRS by 2021, 2005)

POULTRY

NRS 583.070 Sale or offer for sale of unsound, diseased or unwholesome poultry unlawful; civil penalty.

1. No person shall bring, expose or offer for sale, or sell within this state for human food any unsound, diseased or unwholesome poultry.

5. Any person violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

NRS 583.080 Possession with intent to sell carcass of diseased or improperly slaughtered or processed fowl unlawful; civil 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 Department or in accordance with poultry regulations adopted by the Department or a permit issued pursuant to NRS 583.085.

2. Any person, firm or corporation violating any of the provisions of this section is subject to a civil penalty pursuant to NRS 583.700.

[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; 2015, 3625; 2019, 1615)

NRS 583.085 Permit for slaughter and sale of raw poultry to consumer at farm or other facility: Regulations; requirements; fees; farm or facility deemed official establishment.

1. The State Quarantine Officer shall adopt regulations providing a process for the owner or operator of a farm or other facility that raises poultry to obtain a permit to slaughter and sell raw poultry to a consumer at the farm or other facility in this State.

2. The regulations adopted pursuant to subsection 1:

(a) Must set forth, without limitation:

(1) The requirements for the issuance or renewal of the permit;

(2) The fees, if any, for the issuance or renewal of the permit;

(3) The requirements for operating the farm or other facility, including, without limitation, standard operating procedures, sanitation, equipment, conditions, reporting, recordkeeping, labeling and packaging;

(4) A requirement for an inspection of the farm or other facility to be conducted at least annually and at such other times as deemed necessary by the Department; and

(5) Any other requirements the State Quarantine Officer determines are necessary to carry out the provisions of this section, including, without limitation, the issuance of a stop sale order for a violation of any provision of this chapter or regulations adopted pursuant to this chapter; and

(b) Must be consistent with any regulations adopted by the United States Department of Agriculture.

3. When an owner or operator of a farm or other facility is issued a permit pursuant to the regulations adopted pursuant to subsection 1, the farm or other facility for which the permit is issued shall be deemed to be an official establishment for the purposes of NRS 583.255 to 583.555, inclusive.

(Added to NRS by 2019, 1614)

EGGS

Regulation and Sale of 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;

(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 Civil penalty. Any person who violates any of the provisions of NRS 583.110 to 583.200, inclusive, is subject to a civil penalty pursuant to NRS 583.700.

[7:164:1927; NCL § 5166]—(NRS A 1961, 567; 2015, 3626)

Cage-Free Eggs

NRS 583.211 Definitions. As used in NRS 583.211 to 583.251, inclusive, unless the context otherwise requires, the words and terms defined in NRS 583.212 to 583.224, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2021, 2211)

NRS 583.212 “Business owner or operator” defined. “Business owner or operator” means any person who owns or controls the operations of a business.

(Added to NRS by 2021, 2211)

NRS 583.213 “Cage-free housing system” defined.

1. “Cage-free housing system” means an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam, except as otherwise provided in paragraph (c), and which:

(a) Provides egg-laying hens enrichment that allows the egg-laying hens to exhibit natural behaviors, including, without limitation, scratch areas, perches, nest boxes and dust bathing areas;

(b) Enables farm employees to provide care while standing within the usable floor space for the egg-laying hens; and

(c) For a system located indoors, allows the egg-laying hens to be unrestricted and free to roam, except for the presence of:

(1) Exterior walls; and

(2) Interior fencing that is used to contain the entire flock of egg-laying hens within the system or to subdivide the flock of egg-laying hens into smaller groups if such interior fencing:

(I) Enables farm employees to walk through each contained or subdivided area to provide care to egg-laying hens; and

(II) Provides each egg-laying hen the minimum amount of usable floor space, as set forth in NRS 583.237.

2. The term includes, without limitation:

(a) Multi-tiered aviaries, partially slatted systems and single-level, all-litter floor systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1; and

(b) Any future systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1.

3. The term does not include systems that are commonly referred to as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages or any similar cage system.

(Added to NRS by 2021, 2211)

NRS 583.214 “Egg products” defined.

1. “Egg products” means the eggs of an egg-laying hen that are:

(a) Separated from the shells of the eggs;

(b) Intended for human consumption in liquid, solid, dried or frozen form;

(d) In a form with the yolks and whites in their natural proportions or with the yolks and whites separated, mixed or mixed and strained.

2. The term does not include pizzas, cookies, cookie dough, ice cream, mixes used for making pancakes or cakes or any other combination food product that is composed of more than egg products, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers or similar food additives.

(Added to NRS by 2021, 2212)

NRS 583.215 “Egg-laying hen” defined. “Egg-laying hen” means a female chicken, turkey, duck, goose or guinea fowl that is domesticated and is kept for the purpose of producing eggs commercially.

(Added to NRS by 2021, 2212)

NRS 583.216 “Enclosure” defined. “Enclosure” means a structure used to confine an egg-laying hen.

(Added to NRS by 2021, 2212)

NRS 583.217 “Farm” defined.

1. “Farm” means the land, buildings, support facilities and equipment used wholly or partially for the purpose of commercially producing animals or animal products that are used for food.

2. The term does not include live animal markets or official plants if the market or plant is receiving inspection service pursuant to the Egg Products Inspection Act, 21 U.S.C. §§ 1031 et seq.

(Added to NRS by 2021, 2212)

NRS 583.218 “Farm owner or operator” defined. “Farm owner or operator” means a person who owns a farm or controls the operations of a farm.

(Added to NRS by 2021, 2212)

NRS 583.219 “Multi-tiered aviary” defined. “Multi-tiered aviary” means a cage-free housing system where egg-laying hens have unrestricted access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms.

(Added to NRS by 2021, 2212)

NRS 583.2205 “Partially slatted system” defined. “Partially slatted system” means a cage-free housing system where egg-laying hens have unrestricted access to elevated flat platforms under which manure drops through the flooring to a pit or belt that removes manure which is below the platforms.

(Added to NRS by 2021, 2212)

NRS 583.221 “Sale” defined.

1. “Sale” means a commercial sale by a business that sells any item covered by NRS 583.211 to 583.251, inclusive, which occurs at the location where the buyer takes physical possession of the item.

2. The term does not include a sale undertaken at an official plant if the plant is receiving inspection service pursuant to the Egg Products Inspection Act, 21 U.S.C. §§ 1031 et seq.

(Added to NRS by 2021, 2212)

NRS 583.222 “Shell egg” defined. “Shell egg” means a whole egg of an egg-laying hen that is in its shell form and intended for human consumption.

(Added to NRS by 2021, 2212)

NRS 583.223 “Single-level, all-litter floor system” defined. “Single-level, all-litter floor system” means a cage-free housing system that uses litter for a ground cover and where egg-laying hens have limited or no access to elevated flat platforms.

(Added to NRS by 2021, 2213)

NRS 583.224 “Usable floor space” defined.

1. “Usable floor space” means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure.

2. The term includes both ground space and elevated flat or nearly flat platforms upon which the egg-laying hens can roost.

3. The term does not include perches or ramps.

(Added to NRS by 2021, 2213)

NRS 583.231 Legislative declaration. The Legislature finds and declares that the regulation of egg production on farms in this State and the regulation of the sale of eggs and egg products in this State is necessary to:

1. Protect the health and welfare of consumers and citizens of this State;

2. Promote food safety; and

3. Advance animal welfare.

(Added to NRS by 2021, 2211)

NRS 583.235 Applicability. The provisions of NRS 583.211 to 583.251, inclusive, do not apply to the production, sale or transport for sale in this State of shell eggs by a farm owner or operator with an annual shell egg production from 3,000 or fewer egg-laying hens if all shell eggs sold or transported for sale in this State by the owner or operator are derived from the 3,000 or fewer egg-laying hens.

(Added to NRS by 2021, 2211)

NRS 583.237 Prohibitions on confining egg-laying hens in certain enclosures; exceptions.

1. Except as otherwise provided in subsections 2 and 3, on or after July 1, 2022, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen.

2. Except as otherwise provided in subsection 3, on or after January 1, 2024, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an enclosure which:

(a) Is not a cage-free housing system; or

(b) Is a cage-free housing system that has less than:

(1) One square foot of usable floor space per egg-laying hen if the cage-free housing system provides egg-laying hens with unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a multi-tiered aviary or partially slatted system; or

(2) One and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a single-level, all-litter floor system.

3. The prohibitions in subsections 1 and 2 do not apply to the confinement of an egg-laying hen during:

(a) Medical research for which the egg-laying hen is used;

(b) The examination, testing or treatment of or a surgical procedure performed on the egg-laying hen that is conducted by a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS or a person who is under the direct supervision of a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS;

(d) A State or county fair exhibition, 4-H program or other similar exhibition involving the egg-laying hen;

(e) The slaughter of the egg-laying hen so long as the slaughter complies with the rules and regulations governing the slaughtering of such animals; or

(f) Temporary periods for animal husbandry purposes. Such temporary periods must last not more than 6 hours in any 24-hour period and not more than 24 hours in total of such temporary periods are allowed in any 30-day period.

(Added to NRS by 2021, 2213)

1. A farm owner or operator shall not sell, offer or expose for sale or transport for sale egg products or shell eggs within this State unless the farm owner or operator has been issued a certificate by the Department pursuant to NRS 576.128 and an endorsement of the certificate by the Department indicating that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that complies with NRS 583.237.

2. To apply for an endorsement required by subsection 1, a farm owner or operator must submit to the Department with an application for a certificate or renewal of a certificate issued pursuant to NRS 576.128:

(a) An attestation that the farm owner or operator confined the egg-laying hens in a manner that complies with NRS 583.237; and

(b) Evidence that the enclosures for egg-laying hens have been inspected by a person described in subsection 4.

3. The Department shall issue the endorsement required by subsection 1 to an applicant if:

(a) The farm owner or operator submits the information required pursuant to subsection 2; and

(b) The Department determines that such information is sufficient to indicate compliance with NRS 583.237.

4. The Department may use a government inspector, including, without limitation, an inspector who is employed, contracted with or authorized by the Department, or a private inspection or process verification provider to ensure compliance with NRS 583.211 to 583.251, inclusive, during the production and the handling of egg products and shell eggs. If the Department uses such an inspector or provider, the Department must approve the inspector or provider as competent to ensure compliance with NRS 583.211 to 583.251, inclusive.

5. Each endorsement issued pursuant to subsection 3 is valid for the period for which the certificate issued pursuant to NRS 576.128 is valid.

6. If a holder of a certificate issued pursuant to NRS 576.128 holds an endorsement issued pursuant to this section, the Department shall include in any notice of renewal of the certificate provided to the holder of the certificate a notice to renew the endorsement issued pursuant to this section.

7. The Department may require an inspection of the enclosure for egg-laying hens to determine whether to renew an endorsement issued pursuant to this section. If the Department determines that an inspection of the enclosure is required for the renewal of the endorsement, the endorsement remains in effect until the endorsement expires or until the Department makes a determination whether to renew the endorsement, whichever occurs later.

8. The Department may not charge a fee for the issuance or renewal of an endorsement pursuant to this section.

(Added to NRS by 2021, 2213)

NRS 583.241 Endorsement to sell, offer or expose for sale or transport for sale egg products or shell eggs: Denial, suspension or revocation. The Department may deny an application for an endorsement or an application for the renewal of an endorsement submitted pursuant to NRS 583.239 or suspend or revoke an endorsement issued pursuant to NRS 583.239 upon any of the following grounds:

1. The failure or refusal of a farm owner or operator to comply with the provisions of NRS 583.211 to 583.251, inclusive, or any regulations adopted by the State Quarantine Officer pursuant thereto;

2. The failure or refusal of a farm owner or operator to cooperate with an inspection conducted pursuant to NRS 583.239 or 583.247; or

3. Selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without being issued a certificate pursuant to NRS 576.128 and an endorsement issued pursuant to NRS 583.239.

(Added to NRS by 2021, 2214)

NRS 583.243 Endorsement to sell, offer or expose for sale or transport for sale egg products or shell eggs: Appeal of denial, suspension or revocation. A farm owner or operator who is aggrieved by an action of the Department concerning the denial, suspension or revocation of an endorsement pursuant to NRS 583.241 may, not later than 10 business days after the date on which the action of the Department is taken, file a notice of appeal to the Department in the manner set forth by the State Quarantine Officer by regulation.

(Added to NRS by 2021, 2215)

NRS 583.245 Business owners and operators: Prohibition on engaging in certain acts; requirement to obtain, retain and provide copies of certain certificates; reliance in good faith is defense.

1. A business owner or operator shall not knowingly sell, offer or expose for sale or transport for sale egg products or shell eggs within this State if the business owner or operator knows or should have known that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that conflicts with the standards set forth in NRS 583.237.

2. A business owner or operator shall obtain a copy of the certificate issued pursuant to NRS 576.128 that contains the endorsement issued pursuant to NRS 583.239 from the farm owner or operator to whom the certificate is issued before doing any business governed by NRS 583.211 to 583.251, inclusive, with the farm owner or operator.

3. The business owner or operator shall:

(a) Retain a copy of the certificate obtained pursuant to subsection 2; and

(b) Provide a copy of the certificate to the Department upon request.

4. It is a defense to any action to enforce NRS 583.211 to 583.251, inclusive, that a business owner or operator relied in good faith upon a certificate obtained pursuant to subsection 2.

(Added to NRS by 2021, 2215)

NRS 583.247 Enforcement; free access to farm or business and records of farm or business.

1. The Department shall enforce the provisions of NRS 583.211 to 583.251, inclusive.

2. The Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to an applicable farm or business and to the records of such a farm owner or operator or business owner or operator for the purpose of inspecting such farm, business or record to determine whether any of the provisions of NRS 583.211 to 583.251, inclusive, are being or have been violated.

(Added to NRS by 2021, 2215)

NRS 583.249 Regulations. The State Quarantine Officer may adopt such regulations as he or she deems necessary for carrying out the provisions of NRS 583.211 to 583.251, inclusive.

(Added to NRS by 2021, 2215)

NRS 583.251 Civil penalty. Any person who violates any of the provisions of NRS 583.211 to 583.251, inclusive, is subject to a civil penalty pursuant to NRS 583.700.

(Added to NRS by 2021, 2215)

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 those sections.

(Added to NRS by 1969, 982; A 1971, 890; 1991, 21; 1997, 68; 2015, 3626; 2019, 1615)

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 583.277 “Custom processing establishment” defined. “Custom processing establishment” means a fixed facility that slaughters or processes livestock or poultry for or upon request by the owner or person in lawful possession of the livestock or poultry at the facility. The term does not include an official establishment.

(Added to NRS by 2019, 1614)

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 Department 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; 2015, 3626)

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 583.357 “Mobile processing unit” defined. “Mobile processing unit” means any truck, trailer, van or other vehicle that is used to slaughter or process livestock or poultry for or upon request by the owner or person in lawful possession of the livestock or poultry at the owner’s or person’s farm or other facility or at a location approved by the Officer. The term does not include an official establishment.

(Added to NRS by 2019, 1614)

NRS 583.365 “Officer” defined. “Officer” means the State Quarantine Officer.

(Added to NRS by 1969, 985; A 2015, 3626)

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 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; 2015, 3626)

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; administration by Department.

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 Department 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; 2015, 3626)

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

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; 2019, 1615)

NRS 583.445 Ante mortem and postmortem inspection; quarantine; condemnation; processing in lieu of condemnation under certain circumstances.

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 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 processing, be made unadulterated. In such a case they need not be so condemned and destroyed if processed 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; 2015, 3627)

NRS 583.448 Authorization by State Quarantine 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 Permit for official establishment: Application; inspection; nontransferability; posting.

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 in the manner prescribed by the Department. 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;

(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; A 2015, 3627)

NRS 583.454 License for custom processing establishment or mobile processing unit: Regulations; requirements; fees; establishment or unit deemed official establishment.

1. The Officer shall adopt regulations providing a process for a person to obtain a license to operate a custom processing establishment or mobile processing unit in this State.

2. The regulations adopted pursuant to subsection 1:

(a) Must set forth, without limitation:

(1) The requirements for the issuance or renewal of the license;

(2) The fees, if any, for the issuance or renewal of the license;

(3) The requirements for operating the custom processing establishment or mobile processing unit, including, without limitation, standard operating procedures, sanitation, equipment, conditions, reporting, recordkeeping, labeling and packaging;

(4) A requirement for an inspection of the custom processing establishment or mobile processing unit to be conducted at least annually and at such other times as deemed necessary by the Department; and

(5) Any other requirements the Officer determines are necessary to carry out the provisions of this section, including, without limitation, the issuance of a stop sale order for a violation of any provision of this chapter or regulations adopted pursuant to this chapter; and

(b) Must be consistent with any regulations adopted by the United States Department of Agriculture.

3. When a person is issued a license to operate a custom processing facility or mobile processing unit pursuant to the regulations adopted pursuant to subsection 1, the custom processing facility or mobile processing unit for which the license is issued shall be deemed to be an official establishment for the purposes of this section and NRS 583.255 to 583.555, inclusive.

(Added to NRS by 2019, 1614)

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 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 Department.

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; 2015, 3627)

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; A 2019, 1616)

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 less than $500 or more than $2,000.

(Added to NRS by 1973, 197; A 1979, 1488; 2015, 3628)

NRS 583.475 Unlawful 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 the Officer or his or her 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 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; 2015, 3628; 2019, 1616)

NRS 583.476 Return of processed carcass of livestock, game mammal or bird other than one delivered for processing prohibited; marking of carcass required; penalties.

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 and subject to a civil penalty pursuant to NRS 583.700.

(Added to NRS by 1997, 68; A 2015, 3629)

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; persons not subject to penalties.

1. A person who violates any of the provisions of NRS 583.475 and 583.485:

(a) For a first violation, is subject to a civil penalty pursuant to NRS 583.700.

(b) For a second violation, is guilty of a gross misdemeanor and subject to a civil penalty pursuant to NRS 583.700.

(c) For a third or subsequent violation, is guilty of a category D felony and shall be punished as provided in NRS 193.130 and subject to a civil penalty pursuant to NRS 583.700.

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; 2015, 3630; 2019, 1617)

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 583.527 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; A 2019, 1618)

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 State law inapplicable to act or transaction regulated by federal act; 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 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; 2015, 3630)

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; A 2019, 1618)

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 Department. 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; 2015, 3631)

PENALTIES

NRS 583.700 Civil penalties; deposit and use of money.

1. Any person violating any provision of this chapter or any regulation adopted pursuant thereto is subject to a civil penalty. In addition to any other penalties set forth in this chapter, the Director of the Department may assess a civil penalty not to exceed:

(a) For the first violation, $250.

(b) For a second violation, $500.

2. Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

(a) Fifty percent of the money must be used to fund a program selected by the Director of the Department that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

(b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

(Added to NRS by 2015, 3623)