NRS: CHAPTER 581 - WEIGHTS AND MEASURES

[Rev. 6/29/2024 4:32:34 PM--2023]

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

CHAPTER 581 - WEIGHTS AND MEASURES

GENERAL PROVISIONS

NRS 581.001 Definitions.

NRS 581.002 “Bulk sale” defined.

NRS 581.0021 “Cannabis establishment” defined.

NRS 581.0023 “Cannabis weighing and measuring equipment” defined.

NRS 581.0025 “Commercial weighing and measuring equipment” defined.

NRS 581.003 “Correct” defined.

NRS 581.0045 “Division” defined.

NRS 581.0055 “Field reference standards” defined.

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

NRS 581.010 “Package” defined.

NRS 581.012 “Primary standards” defined.

NRS 581.014 “Random weight package” defined.

NRS 581.016 “Secondary standards” defined.

NRS 581.018 “Standard package” defined.

NRS 581.019 “Transfer standards” defined.

NRS 581.021 “Weight” defined.

NRS 581.022 “Weights and measures” defined.

STATE SEALER OF MEASUREMENT STANDARDS

NRS 581.030 Director of State Department of Agriculture ex officio State Sealer of Measurement Standards; enforcement of chapter.

NRS 581.050 General authority to adopt regulations.

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

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

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

NRS 581.067 Duties: Standards; enforcement; exemptions; investigations; civil penalties; inspections, tests and approval of commercial weights and measures and cannabis weighing and measuring equipment; verification of packaged commodities; prescription of appropriate terms and units; provision of training for governmental employees; determination of accuracy of prices.

NRS 581.075 Fees.

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR MEASURING DEVICES

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

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

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

NRS 581.1033 Preliminary determination of whether person’s criminal history will disqualify person from obtaining certificate of registration.

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

NRS 581.1036 Application for renewal of certificate of registration to include information relating to state business registration; renewal of certificate prohibited in certain circumstances.

FIELD REFERENCE AND TRANSFER STANDARDS

NRS 581.205 Authority to use transfer standards as temporary measurement references; applicability.

NRS 581.225 Rebuttable presumption that field reference standard is regularly used in installation, adjustment, repair or calibration of commercial weighing and measuring equipment.

PACKAGING

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

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

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

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

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT

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

NRS 581.375 Misrepresentation of quantity prohibited.

NRS 581.377 Misrepresentation of price prohibited.

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

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

UNLAWFUL ACTS AND PENALTIES

NRS 581.415 Prohibited acts; civil penalty.

NRS 581.417 Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit and use of money.

NRS 581.445 Criminal penalties.

_________

GENERAL PROVISIONS

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

(Added to NRS by 1969, 633; A 1981, 335; 1985, 529; 2003, 2319; 2021, 172, 3600)

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

(Added to NRS by 2003, 2313)

NRS 581.0021 “Cannabis establishment” defined. “Cannabis establishment” has the meaning ascribed to it in NRS 678A.095.

(Added to NRS by 2021, 3600)

NRS 581.0023 “Cannabis weighing and measuring equipment” defined. “Cannabis weighing and measuring equipment” means weights, measures, weighing devices and measuring devices used in cannabis establishments.

(Added to NRS by 2021, 3600)

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

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

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

(Added to NRS by 2003, 2313)

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

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

NRS 581.0045 “Division” defined. “Division” means the Division of Measurement Standards of the State Department of Agriculture.

(Added to NRS by 2003, 2313; A 2013, 2472; 2021, 103)

NRS 581.0055 “Field reference standards” defined. “Field reference standards” means the physical standards that are traceable to the primary standards through comparisons or by using acceptable laboratory procedures, and that are used in the installation, adjustment, repair or calibration of devices for weights and measures, and weighing and measuring devices.

(Added to NRS by 2021, 172)

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

(Added to NRS by 2003, 2313)

NRS 581.010 “Package” defined.

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

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

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

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

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

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

(Added to NRS by 2003, 2314)

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

(Added to NRS by 2003, 2314)

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

(Added to NRS by 2003, 2314)

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

(Added to NRS by 2003, 2314)

NRS 581.019 “Transfer standards” defined. “Transfer standards” means a physical artifact, a static or dynamic measurement device or a reference material that is used for a short period of time in limited environmental and operational conditions to check the accuracy of commercial weighing and measuring equipment and that is stable during such a period of time.

(Added to NRS by 2021, 172)

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

1. Net weight; or

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

(Added to NRS by 2003, 2314)

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

(Added to NRS by 2003, 2314)

STATE SEALER OF MEASUREMENT STANDARDS

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

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

NRS 581.050 General authority to adopt regulations.

1. The State Sealer of Measurement Standards may:

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

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

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

2. The State Sealer of Measurement Standards shall adopt regulations which prescribe the:

(a) Standards for weighing and measuring devices;

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

[26:169:1945; 1943 NCL § 8335.26]—(NRS A 1960, 36; 1995, 243; 2003, 2319; 2013, 2472; 2021, 3600)

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

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

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

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

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

(Added to NRS by 2003, 2316; A 2013, 2473; 2021, 3600)

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

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

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

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

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

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

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

(Added to NRS by 2003, 2314; A 2013, 2473; 2021, 172, 3601)

1. Adopt regulations establishing such primary standards, secondary standards, field reference standards and transfer standards for weights and measures for use in this State as the State Sealer of Measurement Standards determines appropriate.

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

3. Enforce the provisions of this chapter.

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

5. Establish requirements for:

(a) Labeling;

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

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

7. Conduct investigations to ensure compliance with this chapter.

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

9. Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415 and for any point-of-sale system or cash register determined not to be in compliance with the provisions of subsection 20.

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

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

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

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

12. Inspect and test, to ascertain if it is correct, all cannabis weighing and measuring equipment other than equipment that is used for a noncommercial purpose by a cannabis independent testing laboratory, as defined in NRS 678A.115.

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

14. Approve for use such commercial weights and measures and cannabis weighing and measuring equipment as the State Sealer of Measurement Standards determines are correct and appropriate other than equipment that is used for a noncommercial purpose by a cannabis independent testing laboratory, as defined in NRS 678A.115. The State Sealer of Measurement Standards may mark such commercial weights and measures and cannabis weighing and measuring equipment. The State Sealer of Measurement Standards shall reject and order to be corrected, replaced or removed any commercial weights and measures and cannabis weighing and measuring equipment found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of Measurement Standards shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.

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

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

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

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

19. Verify advertised prices and price representations, as necessary, to determine their accuracy.

20. Without charging and collecting a fee, conduct random tests of point-of-sale systems and cash registers to determine the accuracy of prices, including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.

21. Employ recognized procedures for making verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology.

22. Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, point-of-sale systems and cash registers, and for the enforcement of those standards.

23. Conduct investigations to ensure compliance with the regulations adopted pursuant to subsection 22.

(Added to NRS by 2003, 2314; A 2013, 2473; 2015, 3620; 2021, 173, 3601)

NRS 581.075 Fees. The State Sealer of Measurement Standards may establish:

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

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

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

4. An annual license fee for all cannabis weighing and measuring equipment that is required to be inspected and tested by the State Sealer of Measurement Standards by NRS 581.067.

(Added to NRS by 1960, 36; A 1983, 1102; 1995, 244; 2003, 2320; 2013, 2475; 2021, 3603)

REGISTRATION OF PERSONS WHO REPAIR OR ADJUST WEIGHING OR MEASURING DEVICES

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

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

(b) The statement required pursuant to NRS 581.1032;

(d) Such other information required by the State Sealer of Measurement Standards.

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

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

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

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

3. Such other information required by the State Sealer of Measurement Standards.

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

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

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

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

(b) A separate form prescribed by the State Sealer of Measurement Standards.

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

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

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

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

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

NRS 581.1033 Preliminary determination of whether person’s criminal history will disqualify person from obtaining certificate of registration.

1. The State Sealer of Measurement Standards shall develop and implement a process by which a person with a criminal history may petition the State Sealer of Measurement Standards to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of registration pursuant to NRS 581.103.

2. Not later than 90 days after a petition is submitted to the State Sealer of Measurement Standards pursuant to subsection 1, the State Sealer of Measurement Standards shall inform the person of the determination of the State Sealer of Measurement Standards of whether the person’s criminal history will disqualify the person from obtaining a certificate of registration. The State Sealer of Measurement Standards is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

3. The State Sealer of Measurement Standards may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

4. A person with a criminal history may petition the State Sealer of Measurement Standards at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate of registration from the State Sealer of Measurement Standards.

5. A person may submit a new petition to the State Sealer of Measurement Standards not earlier than 2 years after the final determination of the initial petition submitted to the State Sealer of Measurement Standards.

6. The State Sealer of Measurement Standards may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Sealer of Measurement Standards may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

7. The State Sealer of Measurement Standards may post on its Internet website:

(a) The requirements to obtain a certificate of registration from the State Sealer of Measurement Standards; and

(b) A list of crimes, if any, that would disqualify a person from obtaining a certificate of registration from the State Sealer of Measurement Standards.

8. The State Sealer of Measurement Standards may request the criminal history record of a person who petitions the State Sealer of Measurement Standards for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Sealer of Measurement Standards makes such a request of a person, the State Sealer of Measurement Standards shall require the person to submit his or her criminal history record which includes a report from:

(a) The Central Repository for Nevada Records of Criminal History; and

(b) The Federal Bureau of Investigation.

9. A person who petitions the State Sealer of Measurement Standards for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Sealer of Measurement Standards.

10. The State Sealer of Measurement Standards shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

(a) The number of petitions submitted to the State Sealer of Measurement Standards pursuant to subsection 1;

(b) The number of determinations of disqualification made by the State Sealer of Measurement Standards pursuant to subsection 1;

(d) Any other information that is requested by the Director or which the State Sealer of Measurement Standards determines would be helpful.

11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

(Added to NRS by 2019, 2951)

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

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

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

NRS 581.1036 Application for renewal of certificate of registration to include information relating to state business registration; renewal of certificate prohibited in certain circumstances.

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

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

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

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

(1) Satisfied the debt;

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

(3) Demonstrated that the debt is not valid.

3. As used in this section:

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

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

(Added to NRS by 2013, 2739)

FIELD REFERENCE AND TRANSFER STANDARDS

NRS 581.205 Authority to use transfer standards as temporary measurement references; applicability. Transfer standards may be used as temporary measurement references to check the accuracy of commercial weighing and measuring equipment. A transfer standard used in such a manner does not satisfy the standards expressed in Appendix A: Fundamental Considerations to the National Institute of Standards and Technology Handbook 44: Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, as adopted by reference by regulation of the State Sealer of Measurement Standards.

(Added to NRS by 2021, 172)

NRS 581.225 Rebuttable presumption that field reference standard is regularly used in installation, adjustment, repair or calibration of commercial weighing and measuring equipment. The presence of a field reference standard in the possession of any person who is paid to install, make adjustments to, repair or calibrate commercial weighing and measuring equipment creates a rebuttable presumption that the field reference standard is regularly used by that person in the installation, adjustment, repair or calibration of commercial weighing and measuring equipment.

(Added to NRS by 2021, 172)

PACKAGING

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

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 2317)

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

(Added to NRS by 2003, 2318)

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

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

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

(b) Such other amounts as are approved by the State Sealer of Measurement Standards.

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

(a) Be marked with its capacity;

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

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

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

[10:169:1945; 1943 NCL § 8335.09]—(NRS A 1960, 36; 1969, 636; 1971, 365; 1975, 362; 1999, 3168; 2013, 2477; 2017, 147)

SALES OF COMMODITIES AND SERVICES BY WEIGHT, MEASURE OR COUNT

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

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 2316)

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

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

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

(Added to NRS by 2003, 2316)

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

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

2. The date delivered;

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

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

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

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

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

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

(Added to NRS by 2003, 2319; A 2021, 175)

UNLAWFUL ACTS AND PENALTIES

NRS 581.415 Prohibited acts; civil penalty.

1. A person shall not:

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

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

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

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

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

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

(Added to NRS by 2003, 2318; A 2013, 2478; 2021, 3603)

NRS 581.417 Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit and use of money.

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

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

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

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

3. If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of Measurement Standards in any court of competent jurisdiction to recover the civil penalty.

4. Any money collected from the recovery of a civil penalty pursuant to subsection 3 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 State Department of Agriculture 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 2003, 2318; A 2013, 2478; 2015, 3622)

NRS 581.445 Criminal penalties.

1. Except as otherwise provided in subsection 2, a person, or any officer, agent or employee thereof, who willfully violates any provision of NRS 581.415:

(a) For the first offense, shall be given a warning.

(b) For the second offense, is guilty of a misdemeanor and shall be punished by a fine of not less than $1,000 or more than $5,000.

2. A person, or any officer, agent or employee thereof, who:

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

(b) Knowingly uses or has in his or her possession any weighing or measuring device which has been altered to facilitate fraud,

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

(Added to NRS by 2003, 2318; A 2013, 989; 2021, 1011)