NAC583.440. Labeling and marking.

     1. When any meat or meat food product prepared for intrastate commerce has been inspected and marked “Nevada Inspected and Passed” and is placed or packed in any can, pot, tin, canvas or other receptacle or covering in any establishment where the inspection is conducted, the person preparing the product must attach a label to the can, pot, tin, canvas or other receptacle or covering, under the supervision of an inspector. The label must state that the contents have been “Nevada Inspected and Passed” under the provisions of NAC 583.211 to 583.530, inclusive.

     2. No inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas or other receptacle or covering in any establishment where the inspection is conducted is complete until the meat or meat food products have been sealed or enclosed in the can, tin, pot, canvas or other receptacle or covering under the supervision of an inspector.

     3. All carcasses, parts of carcasses, meat and meat food products inspected at any establishment and found to be not adulterated, must, at the time they leave the establishment, bear, in distinctly legible form, directly on it or on their containers, as the Officer may require, the information required under NAC 583.410.

     4. The Officer, whenever he or she determines action is necessary for the protection of the public, may prescribe:

     (a) The styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid the false or misleading labeling of any articles or animals.

     (b) Definitions and standards of identity or composition for articles and standards for filling containers for the articles which are not consistent with any standards established under the Federal Food, Drug and Cosmetic Act or under the Federal Meat Inspection Act. There must be consultation between the Officer and the Secretary of Agriculture of the United States before the issuance of the standards to avoid inconsistency between the standards and the federal standards.

     5. No article may be sold or offered for sale by any person 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. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Officer are permitted.

     6. If the Officer has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading, the Officer may direct that the use be withheld unless the marking, labeling or container is modified in such a manner that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the Officer, the person may request a hearing. The use of the marking, labeling or container must, if the Officer directs, be withheld pending hearing and a final determination by the Officer. Any determination by the Officer is subject to judicial review.

     [Bd. of Health, Meat Inspection Reg. Art. II § VII, eff. 11-4-70; renumbered as § G, 3-5-71]