USA Statutes : nevada
Title : Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING
Chapter : CHAPTER 583 - MEAT, FISH, PRODUCE, POULTRY AND EGGS
1. No person shall bring, expose or offer for sale, or sell in any
city or town within this state, for human food, any:
(a) Blown, meager, diseased or bad meat or game; or
(b) Unsound, diseased or unwholesome fish.
2. No person shall bring, expose or offer for sale, or sell in any
city or town within this state, the flesh of any animal which, when
killed, was sick or diseased, or that died a natural or accidental death.
3. No person shall slaughter, expose for sale or sell, or bring or
cause to be brought into any city or town within this state, for human
food, any calf unless it is in good, healthy condition and 4 weeks of age.
4. Any article or animal that shall be offered or exhibited for
sale, in any part of this state, in any market or elsewhere, as though it
were intended for sale, shall be deemed offered and exposed for sale,
within the intent and meaning of this section.
5. Any person who, in violation of the provisions of this section,
shall bring, slaughter, expose or offer for sale, or sell in any city or
town within this state any article or animal which is unfit or unsafe for
human food shall forfeit the same to the authorities.
6. Any sheriff, constable, policeman or other peace officer or the
State Health Officer shall forthwith remove any of the animals or
articles named in this section, when aware of the existence thereof, at
the expense of the owner thereof, in a manner that will insure safety and
protection to the public.
7. Any person violating any of the provisions of this section
shall be guilty of a misdemeanor.
[Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 3:32:1891;
C § 827; RL § 2990; NCL § 5307] + [4:32:1891; C § 828; RL § 2990; NCL §
5308] + [5:32:1891; C § 829; RL § 2992; NCL § 5309] + [6:32:1891; C §
830; RL § 2993; NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL §
2994; NCL § 5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL §
5312]—(NRS A 1961, 564)
Any person who
shall knowingly sell any flesh of any diseased animal or any container
containing shellfish, if such container does not have an approved stamp
authorized by the Health Division of the Department of Health and Human
Services, is guilty of a gross misdemeanor.
[1911 C&P § 270; RL § 6535; NCL § 10218]—(NRS A 1961, 564; 1963,
970; 1967, 1176; 1969, 991; 1973, 1406)
1. It shall be unlawful for any person, firm or corporation to
have in his or its possession, with intent to sell:
(a) The carcass or part of any carcass of any animal which has died
from any cause other than being slaughtered in a sanitary manner;
(b) The carcass or part of any carcass of any animal that shows
evidence of any disease, or that came from a sick or diseased animal; or
(c) The carcass or part of the carcass of any calf that was killed
before it had attained the age of 4 weeks.
2. Any person, firm or corporation violating any of the provisions
of this section shall be guilty of a misdemeanor.
[Part 2:48:1927; NCL § 10565] + [3:48:1927; A 1931, 144; 1931 NCL §
10566]—(NRS A 1961, 565)
1. It shall be unlawful for any person, firm or corporation to
sell within this State, or to have within his or its possession 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 Health
Division of the Department of Health and Human Services.
2. Insanitary conditions shall be deemed to exist in any
slaughterhouse that does not comply with the provisions of chapter 446
of NRS.
3. Any person, firm or corporation violating any of the provisions
of this section shall be guilty of a misdemeanor.
[1:48:1927; NCL § 10564] + [3:48:1927; A 1931, 144; 1931 NCL §
10566]—(NRS A 1961, 565; 1963, 970; 1967, 1176; 1973, 1406)
1. No person or corporation may sell or offer for sale to the
consumer through a meat market, store or otherwise any meats, either
fresh or frozen, which are products of any country foreign to the United
States, without first indicating such fact by labels or brands on each
quarter, half or whole carcass of such meat, and on each counter display
containing any of the above-described products, naming the country of its
origin.
2. Any person violating any of the provisions of this section is
guilty of a misdemeanor.
(Added to NRS by 1965, 433)
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 having in his possession then and there the hide of
such animal containing the brand and other marks thereon, and upon
request not to exhibit the hide of such animal containing the brand and
other marks thereon.
3. Any person violating any of the provisions of this section
shall be guilty of a misdemeanor.
[1911 C&P § 259; RL § 6524; NCL § 10207] + [1911 C&P § 260; RL §
6525; NCL § 10208]—(NRS A 1961, 566)
1. The State Department of Agriculture shall establish a program
for grading and certifying meats, prepared meats and meat products in
conformity with federal practice.
2. The Department may enter into cooperative agreements with the
Agricultural Marketing Service of the United States Department of
Agriculture and the College of Agriculture of the University of Nevada,
Reno, and adopt appropriate regulations to carry out the program.
3. The Department may establish fees, to be collected from
slaughtering or other processing operations, for the purpose of grading
and certifying meats, prepared meats and meat products.
(Added to NRS by 1977, 281; A 1993, 417, 1774; 1995, 579; 1999,
3716 )
PRODUCE
1. No person shall bring, expose or offer for sale, or sell in any
city or town within this state for human food any unsound, diseased or
unwholesome fruit, vegetables or other market produce.
2. Any article that shall be offered or exhibited for sale, in any
part of this state, in any market or elsewhere, as though it were
intended for sale, shall be deemed offered and exposed for sale, within
the intent and meaning of this section.
3. Any person who, in violation of the provisions of this section,
shall bring, expose or offer for sale, or sell in any city or town within
this state any article which is unfit or unsafe for human food shall
forfeit the same to the authorities.
4. Any sheriff, constable, policeman or other peace officer or the
State Health Officer shall forthwith remove any of the articles named in
this section, when aware of the existence thereof, at the expense of the
owner thereof, in a manner that will insure safety and protection to the
public.
5. Any person violating any of the provisions of this section
shall be guilty of a misdemeanor.
[Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 5:32:1891;
C § 829; RL § 2992; NCL § 5309] + [Part 6:32:1891; C § 830; RL § 2993;
NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL § 2994; NCL §
5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL § 5312]—(NRS A
1961, 566)
POULTRY
1. No person shall bring, expose or offer for sale, or sell in any
city or town within this state for human food any blown, meager, diseased
or bad poultry.
2. Any article that shall be offered or exhibited for sale, in any
part of this state, in any market or elsewhere, as though it were
intended for sale, shall be deemed offered and exposed for sale, within
the intent and meaning of this section.
3. Any person who, in violation of the provisions of this section,
shall bring, expose or offer for sale, or sell in any city or town within
this state any article which is unfit or unsafe for human food shall
forfeit the same to the authorities.
4. Any sheriff, constable, policeman or other peace officer or the
State Health Officer shall forthwith remove any of the articles named in
this section, when aware of the existence thereof, at the expense of the
owner thereof, in a manner that will insure safety and protection to the
public.
5. Any person violating any of the provisions of this section
shall be guilty of a misdemeanor.
[Part 2:32:1891; C § 826; RL § 2989; NCL § 5306] + [Part 5:32:1891;
C § 829; RL § 2992; NCL § 5309] + [Part 6:32:1891; C § 830; RL § 2993;
NCL § 5310] + [Part 7:32:1891; A 1895, 90; C § 831; RL § 2994; NCL §
5311] + [8:32:1891; A 1895, 90; C § 832; RL § 2995; NCL § 5312]—(NRS A
1961, 566)
1. It shall be unlawful for any person, firm or corporation to
have in his or its possession, 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 Health Division of the Department of
Health and Human Services or in accordance with poultry regulations
adopted by the Health Division.
2. Any person, firm or corporation violating any of the provisions
of this section shall be guilty of a misdemeanor.
[Part 2:48:1927; NCL § 10565] + [3:48:1927; A 1931, 144; 1931 NCL §
10566]—(NRS A 1961, 567; 1963, 970; 1967, 1176; 1973, 1406)
EGGS
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)
“Addled” or “white
rot” means putrid or rotten.
[Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)
“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)
“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)
“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)
“Blood streak” means the
presence of blood in an egg due to partial incubation.
[Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)
“Consumer” means any person
purchasing eggs for his 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)
“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)
“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)
“Moldy” means the presence of mold
inside the shell.
[Part 2:164:1927; NCL § 5161]—(NRS A 1959, 245)
“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)
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]
1. No person, firm or corporation shall sell, or offer or expose
for sale, any egg unfit for human food unless the same is broken in shell
and then denatured so that it cannot be used for human food.
2. For the purpose of NRS 583.110 to 583.210 ,
inclusive, an egg shall be deemed unfit for human food if:
(a) It is addled or moldy;
(b) If it contains black spots, black rot, white rot or blood
streaks;
(c) If it has an adherent yolk or bloody or green white (albumen);
or
(d) If it consists in whole or in part of a filthy, decomposed or
putrid substance.
[1:164:1927; NCL § 5160]
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]
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]
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)
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)
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]
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]
Any person who violates any of the
provisions of NRS 583.110 to 583.200
, inclusive, shall be guilty of a
misdemeanor.
[7:164:1927; NCL § 5166]—(NRS A 1961, 567)
INSPECTION OF MEAT AND POULTRY
As used in NRS 583.255 to 583.555 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 583.265 to 583.429
, inclusive, have the meanings ascribed
to them in NRS 583.265 to 583.429
, inclusive.
(Added to NRS by 1969, 982; A 1971, 890; 1991, 21; 1997, 68)
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)
“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)
“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)
“Container” means any box, can,
tin, cloth, plastic or any other receptacle, wrapper or cover.
(Added to NRS by 1969, 983)
“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)
“Inspector” means:
1. A person who has entered into a contract pursuant to NRS
583.448 ; or
2. An employee or official of the Health Division of the
Department of Health and Human Services authorized by the Officer to
inspect livestock, poultry, game mammals or birds or carcasses or parts
thereof.
(Added to NRS by 1969, 984; A 1973, 1406; 1991, 21; 1993, 2799)
“Intrastate commerce”
means commerce within this state.
(Added to NRS by 1969, 984)
“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)
“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)
“Livestock” means cattle, sheep,
swine, goats, horses or other equines, whether live or dead.
(Added to NRS by 1969, 984; A 1971, 891)
“Meat” means any edible part of the
carcass of any livestock.
(Added to NRS by 1969, 984)
“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
his own account or as an employee of another person, firm or corporation.
(Added to NRS by 1971, 887)
“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 he 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)
“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)
“Officer” means the State Health
Officer.
(Added to NRS by 1969, 985)
“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)
“Official device” means
any device prescribed or authorized by the Officer for use in applying
any official mark.
(Added to NRS by 1971, 887)
“Official
establishment” means any establishment in this state, other than an
establishment covered by subsection 1 of NRS 583.545 , which on a commercial basis slaughters or
processes for hire any meat animal, game mammal, poultry or game bird for
human consumption, and which has been inspected and approved by the
Officer.
(Added to NRS by 1969, 985; A 1975, 602; 1993, 2799)
“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)
“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)
“Poultry” means any domesticated
bird, whether live or dead.
(Added to NRS by 1969, 985; A 1971, 893)
“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)
“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 his own account or as an employee
of another person.
(Added to NRS by 1971, 887)
“Processed” means slaughtered,
canned, salted, stuffed, rendered, boned, cut up or otherwise
manufactured or processed.
(Added to NRS by 1971, 887)
“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)
“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)
“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)
“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)
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 Health Division of the Department of Health and Human
Services is hereby designated as the single state agency primarily
responsible for the administration of the program established by NRS
583.255 to 583.555 , inclusive.
(Added to NRS by 1969, 986; A 1971, 893; 1973, 1406; 1975, 602)
A person
shall not, with respect to any poultry, cattle, sheep, swine, goats,
horses, mules or other equines, rabbits, game mammals or birds, or any
carcasses, parts of carcasses, meat or meat food products of any such
animals:
1. Slaughter an animal or prepare an article which can be used as
human food at any establishment preparing animals, carcasses or products
for intrastate commerce, except in compliance with the provisions of NRS
583.255 to 583.555 , inclusive.
2. Sell, transport, offer for sale or transportation or receive
for transportation in intrastate commerce any such articles which:
(a) Are capable of use as human food;
(b) Are adulterated or misbranded at the time of the sale,
transportation, offer for sale or transportation, or receipt for
transportation; or
(c) Are required to be inspected pursuant to the provisions of this
Title,
Ê unless they have been so inspected and passed.
3. Do, with respect to any such articles which are capable of use
as human food, any act while they are being transported in intrastate
commerce or held for sale after transportation which is intended to cause
or has the effect of causing any article to be adulterated or misbranded.
(Added to NRS by 1971, 888; A 1975, 602; 1991, 22; 1993, 2799)
1. The Officer, an inspector or a person acting as an inspector
shall make an ante mortem inspection of livestock, poultry and game
mammals and birds in any official establishment where livestock, poultry
or game mammals or birds are slaughtered for commercial purposes.
2. Whenever slaughtering or other processing operations are being
conducted, the Officer, an inspector or a person acting as an inspector
shall make postmortem inspection of the carcasses and parts thereof of
each animal and bird slaughtered in an official establishment.
3. The Officer, inspector or person acting as an inspector shall
quarantine, segregate and reinspect livestock, poultry, game mammals and
birds, and carcasses and parts thereof in official establishments as he
deems necessary to effectuate the purposes of NRS 583.255 to 583.555 ,
inclusive.
4. Except as otherwise provided in this section, all carcasses of
livestock, poultry, other animals and parts thereof found by the Officer,
an inspector or person acting as an inspector to be adulterated in any
official establishment must be condemned by the Officer or an inspector.
If no appeal is taken from the determination of condemnation, the
carcasses must be destroyed for human food purposes under the supervision
of an inspector unless the carcasses can, by reprocessing, be made
unadulterated. In such a case they need not be so condemned and destroyed
if reprocessed under the supervision of an inspector and thereafter found
to be unadulterated. If any appeal is taken from the determination of
condemnation, the carcasses must be appropriately marked and segregated
pending completion of an additional inspection. The appeal is at the cost
of the appellant if the Officer, after a hearing, determines that the
appeal is frivolous. If the determination of condemnation is sustained,
the carcasses must be destroyed for human food purposes under the
supervision of an inspector.
(Added to NRS by 1969, 986; A 1971, 893; 1991, 22; 1993, 2800)
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)
An owner or operator of an official
establishment may act as an inspector for ante mortem and postmortem
inspections if he receives written approval from the Officer.
(Added to NRS by 1991, 20)
1. A person shall not operate an official establishment unless he
receives a permit issued to him by the Officer.
2. A person must apply for a permit on a form provided by the
Health Division. The application must include:
(a) The applicant’s full name and address;
(b) A statement whether the applicant is a natural person, firm or
corporation, and if a partnership, the names and addresses of the
partners;
(c) A statement of the location and type of proposed establishment;
and
(d) The signature of the applicant.
3. Upon receipt of an application, an inspector shall make an
inspection of the establishment. If the inspection indicates that the
requirements of this chapter have been met, the Officer shall issue a
permit to the applicant.
4. A permit issued pursuant to this section is not transferable
and must be posted in the establishment.
(Added to NRS by 1991, 21)
1. Each official establishment at which livestock, poultry or game
mammals or birds are slaughtered or carcasses or parts thereof are
processed for intrastate commerce must be operated in accordance with
sanitary practices required by rules or regulations prescribed by the
Officer. Carcasses or parts of livestock, poultry or game mammals or
birds must not be admitted into any official establishment unless they
have been prepared in accordance with procedures approved pursuant to NRS
583.255 to 583.555 , inclusive, the Wholesome Poultry Products Act
or the Wholesome Meat Act, or unless their admission is permitted by
rules or regulations prescribed by the State Board of Health.
2. The Officer may issue a permit for an establishment to operate
as an official establishment but shall not approve any establishment
whose premises, facilities or equipment, or the operation thereof, fail
to meet the requirements of this section.
3. A local government shall not issue a business license for
operation of any establishment unless it has been issued a permit as an
official establishment.
(Added to NRS by 1969, 986; A 1971, 894; 1975, 603; 1991, 23; 1993,
2800)
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 his 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 his 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 him. 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)
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, he may direct
that the use of the label be withheld unless it is modified in the manner
he prescribes. If the person using or proposing to use the label does not
accept the determination of the Officer, he 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 he has his principal place
of business.
(Added to NRS by 1969, 987; A 1971, 894; 1991, 23; 1993, 2801)
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, he 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, he 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)
1. It is unlawful for the owner, proprietor or manager of a retail
meat market, by himself 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, by himself or through another to advertise carcass, quarter
or primal cuts of meat with a USDA grade unless the USDA yield grade is
included in the advertisement.
3. Any person who violates any provision of this section shall be
punished by a fine of not more than $500.
(Added to NRS by 1973, 197; A 1979, 1488)
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 his representative, utter,
publish or use as true, or cause to be uttered, published or used as
true, any such falsely made or issued, altered, forged, simulated or
counterfeited official inspection certificate, memorandum, mark or other
identification, or device for making such mark or identification, or to
represent that any article has been officially inspected in accordance
with NRS 583.255 to 583.555 , inclusive, when such article has in fact not
been so inspected, or knowingly to make any false representations in any
certificate prescribed by the Officer or any form resembling any such
certificate.
4. To misbrand or do an act intending to misbrand any livestock or
poultry carcass or part thereof, in intrastate commerce.
5. To use any container bearing an official inspection mark unless
the article contained therein is in the original form in which it was
inspected and covered by such mark unless the mark is removed,
obliterated or otherwise destroyed.
6. To refuse at any reasonable time to permit access:
(a) By a health officer or his 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 his representative to the
premises of any establishment specified in paragraph (a), for inspection
and the taking of reasonable samples.
7. To refuse to permit access to and the copying of any record as
authorized by NRS 583.485 .
8. To use for personal advantage, or reveal, other than to the
authorized representatives of any state agency in their official
capacity, or to the courts when relevant in any judicial proceeding, any
information acquired under the authority of NRS 583.255 to 583.555 ,
inclusive, concerning any matter which as a trade secret is entitled to
protection.
9. To deliver, receive, transport, sell or offer for sale or
transportation in intrastate commerce, for human consumption, any
uneviscerated slaughtered poultry, or any livestock or poultry carcass or
part thereof which has been processed in violation of any requirements
under NRS 583.255 to 583.555 , inclusive, except as may be authorized by and
pursuant to rules and regulations prescribed by the Officer.
10. To deliver, receive, transport, sell or offer for sale or
transportation in intrastate commerce any adulterated or misbranded
livestock or poultry carcass or part thereof which is exempted under NRS
583.515 .
11. To apply to any livestock or poultry carcass or part thereof,
or any container thereof, any official inspection mark or label required
by NRS 583.255 to 583.555 , inclusive, except by, or under the
supervision of, an inspector.
(Added to NRS by 1969, 987; A 1971, 895)
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 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 to him for processing.
2. For the purposes of carrying out the provisions of subsection
1, a person who is engaged in the business of processing carcasses of
livestock or game mammals or birds shall mark any such carcass that is to
be returned to the person who delivered it for processing in a manner
which provides for the identification of that person.
3. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 1997, 68)
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)
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, he has registered
with the Officer his name, and the address of each place of business at
which and all trade names under which he conducts such business.
(Added to NRS by 1971, 889)
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 him 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)
1. A person who:
(a) Violates any of the provisions of NRS 583.475 and 583.485
is guilty of a misdemeanor.
(b) Is once convicted of violating the provisions of NRS 583.475
and 583.485 and again violates any of those provisions is
guilty of a gross misdemeanor.
(c) Is twice convicted of violating the provisions of NRS 583.475
and 583.485 and again violates any of those provisions is
guilty of a category D felony and shall be punished as provided in NRS
193.130 .
2. When construing or enforcing the provisions of NRS 583.255
to 583.555 , inclusive, the act, omission or failure of a
person acting for or employed by an individual, partnership, corporation,
association or other business unit, within the scope of his 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 his 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 he 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 he received such
shipment; and
(b) Copies of all documents pertaining to the delivery of the
shipment to him.
(Added to NRS by 1969, 988; A 1971, 896; 1995, 1305)
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 his 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)
1. The State Board of Health shall, by regulation and under such
conditions as to labeling and sanitary standards, practices and
procedures as it may prescribe, exempt from specific provisions of NRS
583.255 to 583.555 , inclusive:
(a) Livestock producers and poultry producers, who are natural
persons with respect to livestock and poultry carcasses and parts thereof
processed by them from livestock or poultry raised on their own farms for
use by them, members of their households, nonpaying guests and employees.
(b) Retail dealers with respect to:
(1) Meat sold directly to consumers in individual retail
stores or restaurants which are subject to inspection by the State Board
of Health.
(2) Poultry products sold directly to consumers in
individual retail stores, if the only processing operation performed by
such retail dealers with respect to poultry is the cutting up of poultry
products on the premises where such sales to consumers are made.
(c) Persons slaughtering poultry or processing or handling poultry
carcasses or parts thereof which have been or are to be processed in
accordance with recognized religious dietary laws, to the extent that the
Officer determines is necessary to avoid conflict with such requirements.
2. The Officer may by order suspend or terminate for cause any
exemption under this section.
(Added to NRS by 1969, 989; A 1971, 897; 1975, 603)
The Officer may withdraw or
otherwise deny approval with respect to any establishment, for such
period as he deems necessary, to effectuate the purposes of NRS 583.255
to 583.555 , inclusive, for any violation of NRS 583.255
to 583.555 , inclusive, by the operator, or any one
responsibly connected with the operator, of such establishment.
(Added to NRS by 1969, 990; A 1971, 898; 1975, 604)
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)
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)
1. The State Board of Health shall promulgate such rules and
regulations as are necessary to carry out its responsibilities pursuant
to NRS 583.255 to 583.555 , inclusive.
2. The rules and regulations must establish:
(a) Procedures for hearings;
(b) Standards for licensure;
(c) Standards for ante mortem and postmortem inspections;
(d) Standards for inspection of products; and
(e) Fees for permits, licenses and inspections.
3. The rules and regulations must be in conformity with the
provisions of the Wholesome Meat Act and Wholesome Poultry Products Act
unless the Officer determines that a provision of the Act is not in
accord with the objectives of NRS 583.255 to 583.555 ,
inclusive.
4. The Officer shall appoint such qualified personnel as are
necessary to carry out his responsibilities pursuant to NRS 583.255
to 583.555 , inclusive.
(Added to NRS by 1969, 990; 1971, 899; 1991, 24)
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)
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)
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 his official duty pursuant to NRS
583.255 to 583.555 , inclusive, he 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)
1. NRS 583.255 to 583.555 , inclusive, do not apply to any act or
transaction subject to regulation under the Wholesome Poultry Products
Act and the Wholesome Meat Act.
2. The Department of Health and Human Services may enter into
agreements with the Federal Government in carrying out the provisions of
NRS 583.255 to 583.555 , inclusive, the Wholesome Poultry Products Act
and the Wholesome Meat Act, and may accept financial aid from the Federal
Government for such purpose.
(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406)
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)
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 Health Division of the Department of Health and Human
Services. If such a schedule is established, it must be exclusively used
for the inspection of the slaughtering operations of the official
establishment.
(Added to NRS by 1969, 990; A 1971, 899; 1973, 1406; 1991, 24)