Assembly Bill No.
111–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to dairy products; revising provisions relating to fees imposed by the State Dairy Commission and the issuance of licenses and permits; revising provisions concerning retention of certain records by pasteurizing plants; revising provisions governing the processing and sale of milk and cream; requiring disclosure of certain governmental actions against licensed distributors and applicants for licensure as distributors; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 584 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 5, inclusive, of this
act.
Sec. 2. “Dairy foods manufacturing plant” means:
1. Any place, structure or building where milk or other dairy
products are received or handled for manufacturing or prepared
for distribution, or both;
2. When used with regard to the production, transportation,
grading or use of milk, any plant that handles or purchases milk
for manufacturing purposes; and
3. When used with regard to licensing, permitting or other
regulatory requirements, only those plants that manufacture dairy
products, including ice cream, butter, natural cheese, processed
cheese, dry milk products, dry whey, evaporated milk products,
condensed milk products and such other products for human
consumption as may otherwise be designated.
Sec. 3. “Single-service plant” means a place, structure or
building where a person engages in the business of manufacturing
a single-service container or closure for use by a milk plant for the
packaging of finished Grade A milk or milk products.
Sec. 4. A dairy foods manufacturing plant shall not receive
for sale, produce, sell, offer for sale or have in storage any
manufactured dairy product if the plant does not possess a permit
from the Commission. Such a permit is not transferable.
Sec. 5. 1. The Commission shall charge and collect the
following annual fees:
(a) For a dairy that produces:
(1) One thousand gallons or less per day$75
(2) At least 1,001 but not more than 3,000
gallons per day............................................ $100
(3) More than 3,000 gallons per day.. 150
(b) For a milk plant that produces:
(1) Less than 2,000 gallons per day.... 150
(2) At least 2,000 but not more than 10,000
gallons per day.............................................. 300
(3) More than 10,000 gallons per day500
(c) For a dairy foods manufacturing plant that is:
(1) Less than 1,000 square feet............ 150
(2) At least 1,000 but not more than 3,000
square feet...................................................... 180
(3) At least 3,001 but not more than 5,000
square feet...................................................... 230
(4) More than 5,000 square feet.......... 280
(d) For a single-service plant................... 115
(e) For a hauler of milk.............................. 20
(f) For a milk tank truck............................. 65
2. The Commission shall charge the following fees for the
review of plans for dairies, dairy foods manufacturing plants and
milk plants:
(a) For a plan for a new facility, $200 plus an amount equal to
the fee for an annual permit for a facility of that kind.
(b) For a plan to remodel a facility which has a permit, $50
plus an amount equal to one-half of the fee for an annual permit
to operate the facility after the remodeling.
Sec. 6. NRS 584.001 is hereby amended to read as follows:
584.001 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 584.005 and 584.007 ,
and sections 2 and 3 of this act have the meanings ascribed to them
in those sections.
Sec. 7. NRS 584.067 is hereby amended to read as follows:
584.067 1. The Commission may adopt and enforce
regulations to carry out the provisions of this chapter.
2. The Commission shall adopt regulations establishing
procedures for:
(a) Its administration and government;
(b) The formation and adoption of stabilization and marketing
plans;
(c) The conduct of its public hearings;
(d) The manner in which information relating to costs required
of producers, distributors and retailers is determined and presented
to the Commission; and
(e) Classifying fluid milk products into [three] separate classes.
Sec. 8. NRS 584.079 is hereby amended to read as follows:
584.079 1. The Commission may refuse to grant any license
[herein] or permit provided in this chapter and may revoke or
suspend any such license or permit as the case may require when it
is satisfied that [any applicant or] an applicant, a licensee or a
permit holder has violated any provision of this chapter, but no
order may be made refusing, revoking or suspending any license or
permit except after hearing upon at least 10 days’ notice to the
applicant [or licensee.] , licensee or permit holder, as appropriate.
2. The decision may include an order refusing, revoking or
suspending the license or permit applied for or held by the
respondent, or fixing such other conditional and probationary orders
as may be proper for the enforcement of this chapter.
3. After any decision, including any conditional or
probationary orders, should the respondent fail, refuse or neglect to
comply with any such orders, the Commission may suspend or
revoke the license or permit in accordance with the procedure
provided in this section.
4. Previous violation by any applicant or by any person
connected with the applicant of any provision of this chapter is
ground for denial, revocation or suspension of a license[.] or
permit.
Sec. 9. NRS 584.145 is hereby amended to read as follows:
584.145 Pasteurizing plants [shall] must be equipped with a
self-registering device for [record of] recording the time and
temperature of pasteurizing. Such a record [shall] must be kept for
[2] at least 6 months and [shall] must be available for inspection by
any health officer or person charged with the enforcement of NRS
584.110 to 584.160, inclusive.
Sec. 10. NRS 584.250 is hereby amended to read as follows:
584.250 All cream sold in the State of Nevada on the basis of
the richness or the percentage of milk fat contained therein must be
tested by the Babcock test[, using a procedure] or any other testing
equipment or procedures approved by the Commission.
Sec. 11. NRS 584.595 is hereby amended to read as follows:
584.595 1. No distributor may deal in fluid milk, fluid cream
or any other dairy product without first having obtained a license
from the Commission.
2. The license required by this section is in addition to any
license otherwise required by law.
3. Application for a license must be made on forms prescribed
by the Commission, accompanied by a fee of $25 and must state the
name and address of the applicant and such details as to the nature
of the applicant’s business as the Commission may require. The
applicant [shall] must satisfy the Commission:
(a) Of the applicant’s good faith, character and responsibility in
seeking to carry on the business stated in the application. The
applicant shall furnish the Commission with information
regarding all civil or criminal actions brought by any
governmental agency against the applicant, or any member of the
senior management of the applicant, within the most recent 10
years, where the character or reputation for honesty, competence
or integrity of the applicant or any member of the senior
management of the applicant was brought into question,
regardless of whether the action resulted in a reprimand, fine,
penalty or conviction.
(b) That the applicant has complied with the provisions of this
chapter and the regulations adopted by the Commission.
4. Licenses must be issued for a 12-month period [of 12
months] from the 1st day of each year or for the remainder of the
calendar year from the date of issuance. A license issued pursuant
to this section is not transferable.
5. Application for renewal of a license for the following year
by a licensee, accompanied by the fee of $25, must be submitted to
the Commission before the expiration date of the license held, and if
not so made, the applicant shall pay an additional sum equal to the
application fee before the license may be issued.
6. Application for an amendment to an existing license must be
accompanied by a fee of $25 and made upon forms prescribed by
the Commission.
7. If a civil or criminal action is brought by any governmental
agency against a licensee, or any member of the senior
management of the licensee, where the character or reputation for
honesty, competence or integrity of the licensee or any member
of the senior management of the licensee is brought into question,
the licensee shall immediately notify the Commission and provide
the Commission with information regarding that action.
Sec. 12. NRS 584.649 is hereby amended to read as follows:
584.649 1. The Commission may lower the rate of any
assessment required to be paid under NRS 584.647 or 584.648,
whenever it finds that the cost of administering the provisions of
this chapter can be defrayed from revenues derived from the lower
rates.
2. A distributor shall pay the amount of the assessment to the
Commission on or before the [15th] 20th of the month following the
month during which the fluid milk , [or] fluid cream , [was received
or the] butter or fresh dairy product was distributed. If the payment
is sent by mail, it is subject to the provisions of NRS 238.100. If the
assessment for the month is less than $3, the distributor may delay
payment for 3 months or until the cumulative assessments are $3 or
more, whichever occurs first.
3. If payments of assessments are not made as provided in
subsection 2, the Commission shall charge, as a penalty for the late
payment, the amount of $10 or 10 percent of the total amount due
but remaining unpaid, whichever is greater.
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