Nevada § 584.581 - Certain practices of distributors prohibited whether stabilization and marketing plan in effect or not

§ 584.581. Certain practices of distributors prohibited whether stabilization and marketing plan in effect or not

1. No distributor may engage in any of the practices set forth in paragraphs (a) to

(d), inclusive, of subsection 2, whether or not a stabilization and marketing plan

is in effect in the area in which the distributor carries on his or her business. 2. Each stabilization and marketing plan must contain provisions for prohibiting distributors

and retail stores from engaging in the unfair practices set forth in this subsection: (a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned

discounts by any person, whether in the form of money or otherwise. (b) The giving of any milk, cream, dairy products, services or articles of any kind,

except to bona fide charities, for the purpose of securing or retaining the fluid

milk or fluid cream business of any customer. (c) The extension to certain customers of special prices or services not made available

to all customers who purchase fluid milk, fluid cream or any other dairy products

of like quantity under like terms and conditions. (d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer

or association of producers unless a written contract has been entered into with the

producer or association of producers stating the amount of fluid milk to be purchased

for any period, the quantity of milk to be paid for as class 1 in pounds of milk,

pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract must also state the date and method of payment for the fluid milk,

which must be that payment must be made for approximately one-half of the milk delivered

in any calendar month not later than the 1st day of the next following month and the

remainder not later than the 15th day of the month, the charges for transportation

if hauled by the distributor, and may contain other provisions which are not in conflict

with NRS 584.325 to 584.670 , inclusive. The contract must also provide that the producer is not obligated to deliver in

any calendar month fluid milk which is to be paid for at the lowest class price for

milk usage established by the Director for that area. A signed copy of the contract must be filed by the distributor with the Director

within 5 days from the date of its execution. The provisions of this subsection relating to dates of payment do not apply to contracts

for the purchase of fluid milk from nonprofit cooperative associations of producers. 3. This section does not apply to discounts offered by a retail store to elderly consumers.