NAC439.622. Determination of adulteration of or public risk from certain substances: Fee; alleviation of risk.

     1. If a law enforcement agency requests the services of the Division in responding to an accident involving a vehicle used to transport or hold food, drugs or cosmetics in commerce or a vehicle used for septic tank pumping purposes, the Division shall charge and collect an hourly fee of $90 from the manufacturer, producer, jobber or seller of the food, drugs or cosmetics or the owner of the vehicle used for septic tank pumping purposes to determine whether, as a result of the accident:

     (a) The food, drugs or cosmetics:

          (1) Have been adulterated and must be quarantined, condemned or destroyed; or

          (2) Have not been adulterated and may be provided to the public for use or consumption.

     (b) The contents of the vehicle used for septic tank pumping purposes constitute a risk to the health or safety of the public. If the Division determines there is a risk to the health or safety of the public, it must provide guidance to the law enforcement agency to alleviate such risk.

     2. The hourly fee set forth in subsection 1:

     (a) Applies to a period beginning at the time the law enforcement agency provides notice of the accident to the personnel of the Division; and

     (b) Includes only the time actually spent by the personnel of the Division in response to the accident, including, without limitation, travel to the site of the accident and any investigation related to the accident.

     (Added to NAC by Bd. of Health by R192-03, eff. 1-22-2004)