581.067 - Duties: Standards for weights and measures; exemptions; investigations; inspections, tests and approval of weights and measures; terms and units of weights and measures; provision of trainin - Nevada Statutes

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

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

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

      3.  Enforce the provisions of this chapter.

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

      5.  Establish requirements for:

      (a) Labeling;

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

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

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

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

      7.  Conduct investigations to ensure compliance with this chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (Added to NRS by 2003, 2314)