NAC584.4321. Dates respecting assurance of quality.

     1. At the time of sale to the consumer by a retail store of any milk or milk product, there must appear upon the package or container of the product the date established by the processor as the date on which, in order to ensure quality, the product is to be removed from the shelf or similar location or vehicle from which the product is offered for sale to the consumer. This section does not apply to any bulk milk shipments of milk or milk products between distributors.

     2. The date respecting assurance of quality must appear at the top of the carton or package and must be indelible and in a contrasting color to the carton or package in the area where the date is affixed. The date respecting assurance of quality must be the first three letters of the month followed by the day of the month. The date must be of a size commensurate with the size of the container and the location on the container, but in no case may the letters be less than three-sixteenths of an inch in height.

     3. Any heat or pressure sensitive seal conveying the quality assurance date must not cover any other legally required information.

     4. The date respecting assurance of quality must be placed on the various types of containers in accordance with one of the following options:

     (a) Glass or rigid plastic:

          (1) Embossed, imprinted or overlaid in fine, clearly visible lettering on the cap or containers;

          (2) Heat or pressure sensitive seal; and

          (3) Collar or tag.

     (b) Plastic bags:

          (1) Heat or pressure sensitive seal;

          (2) Upper or lower seal margin; and

          (3) Overlay in fine, clearly visible lettering.

     (c) Gable-topped rectangular containers, with the date placed on the upper flat margin above gable.

     (d) Flat-top, rectangular carton, with the date affixed to the flat panel or margin of top.

     (e) Cylindrical glass, plastic or fiberboard, straight sided or nested with the lid embossed, imprinted or overlaid in fine, clearly visible lettering, or on the side or bottom of the container.

     5. Nothing in this section precludes the removal by the Commission of any product from sale before the expiration of the quality assurance date if analysis indicates that the product fails to meet applicable standards.

     6. Deviations from the location of the date respecting assurance of quality or the manner of declaring the date may only be made with written permission from the Commission.

     [Bd. of Health, Grading of Milk Reg. §§ 6.2-6.2.4, eff. 7-1-74]—(NAC A by Dairy Comm’n by R151-01, 12-17-2001, eff. 1-1-2002; R082-11, 5-30-2012)