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- 83rd Session (2025)
Assembly Bill No. 171–Assemblymembers
Yeager and Watts
CHAPTER..........
AN ACT relating to eggs; authorizing the State Quarantine Officer
to take certain actions relating to the sale, offer or exposing
for sale or transport for sale of egg products or shell eggs
under certain circumstances; authorizing the State Quarantine
Officer to adopt regulations relating to an order to
temporarily suspend such requirements; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits an egg product or shell egg from being sold or offered,
exposed or transported for sale within this State if the egg product or shell egg was
produced by an egg-laying hen confined in certain enclosures that are not cage-free.
(NRS 583.211 -583.251) Section 1 of this bill authorizes the State Quarantine
Officer to order the temporary suspension of such requirements and any regulation
relating to the sale of eggs in this State during an ongoing event that negatively
impacts the national supply chain for egg pro ducts or shell eggs which may not
exceed 120 consecutive days per suspension. Section 1 additionally: (1) prohibits
the State Quarantine Officer from ordering more than two temporary suspensions in
1 calendar year; and (2) requires the State Quarantine Off icer to provide notice to
the public when the order for the temporary suspension will be released. Section 1
further authorizes the State Quarantine Officer to temporarily: (1) authorize the sale
of grade B eggs; (2) prohibit certain governmental entities from purchasing eggs;
and (3) authorize a farm owner or operator of a small egg flock to produce, sell or
transport eggs to a retailer.
Section 8 of this bill authorizes the State Quarantine Officer to adopt
regulations governing the circumstances in whic h a temporary suspension will be
ordered and any requirements for such a temporary suspension.
Section 1.3 of this bill requires the State Quarantine Officer to enforce the
provisions of section 1.
Sections 1.4, 1.5, 4-7 and 9 of this bill provide that t he provisions of section 1
are an exception to the existing prohibitions, enforcement and penalties relating to
egg products and shell eggs produced by egg -laying hens confined in certain
enclosures that are not cage-free.
Section 1.1 of this bill applie s certain definitions relating to cage -free eggs to
the provisions of section 1.
Section 9.5 of this bill requires the State Department of Agriculture to submit a
report to the 83rd Session of the Legislature and the Chairs of the Standing
Committees on Natural Resources.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 583 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided by federal law, the State
Quarantine Officer may, by order, temporarily suspend the
provisions of this section , NRS 583.110 to 583.251, inclusive, and
any regulation relating to the sale of eggs in this State for a period
of time which may not exceed 120 consecutive days per suspension
during any ongoing event that negatively impacts the national
supply chain for egg products or shell eggs, including, without
limitation:
(a) A foreign animal disease identified by the Animal and
Plant Health Inspection Service of the United States Department
of Agriculture; or
(b) A federally declared disease emergency or natural disaster.
2. If the State Quarantine Officer orders the temporary
suspension of the provisions of this section and NRS 583.110 to
583.251, inclusive, pursuant to subsection 1:
(a) Subject to the maximum duration specified in subsection 1,
the temporary suspension remains in effect until the State
Quarantine Officer orders the release of the temporary
suspension;
(b) Not less than 14 days before the State Quarantine Officer
orders the release of the temporary suspension, the State
Quarantine Officer must provide notice to the public that the order
temporarily suspending the provisions of this section and NRS
583.110 to 583.251, inclusive, will be released; and
(c) The State Quarantine Officer may temporarily:
(1) Authorize the sale of grade B eggs;
(2) Prohibit or otherwise limit the purchase of eggs by state
agencies or local governments; and
(3) Authorize a farm owner or operator of a small egg flock
to produce, sell or tra nsport eggs and egg products to a retailer in
this State.
3. The State Quarantine Officer may not order more than two
temporary suspensions in 1 calendar year.
4. As used in this section, “farm owner or operator” has the
meaning ascribed to it in NRS 583.218.
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Sec. 1.1. NRS 583.110 is hereby amended to read as follows:
583.110 As used in NRS 583.110 to 583.210, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 583.111 to 583.120, inclusive,
have the meanings ascribed to them in those sections.
Sec. 1.3. NRS 583.130 is hereby amended to read as follows:
583.130 The State Quarantine Officer shall:
1. Enforce the provisions of NRS 583.110 to 583.210,
inclusive [.] and section 1 of this act.
2. Make and fix grades and standards for eggs.
3. Make such rules and regulations as may be necessary for the
enforcement of NRS 583.110 to 583.210, inclusive [.] , and section
1 of this act.
Sec. 1.4. NRS 583.160 is hereby amended to read as follows:
583.160 [It] Except as otherwise provided by an order issued
by the State Quarantine Officer pursuant to section 1 of this act, it
shall be unlawful for any person, firm or corporation to represent,
advertise or sell as fresh eggs any eggs that do not conform to the
classifications provided for fresh eggs in NRS 583.110 to 583.210,
inclusive [.] , and section 1 of this act.
Sec. 1.5. NRS 583.210 is hereby amended to read as follows:
583.210 [Any] Except as otherwise provided by an order
issued by the State Quarantine Officer pursuant to section 1 of
this act, any person who violates any of the provisions of NRS
583.110 to 583.200, inclusive, and section 1 of this act is subject to
a civil penalty pursuant to NRS 583.700.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. NRS 583.237 is hereby amended to read as follows:
583.237 1. Except as otherwise provided in subsections 2 and
3 [,] and by an order issued by the State Quarantine Officer
pursuant to section 1 of this act, on or after July 1, 2022, a farm
owner or operator in this State shall not knowingly confine an egg -
laying hen in an enclosure which has less than 1 square foot of
usable floor space per egg-laying hen.
2. Except as otherwise provided in subsection 3 [,] and by an
order issued by the State Quarantine Officer pursuant to section 1
of this act, on or after January 1, 2024, a farm owner or operator in
this State shall not knowingly confine an egg -laying hen in an
enclosure which:
(a) Is not a cage-free housing system; or
(b) Is a cage-free housing system that has less than:
(1) One square foot of usable f loor space per egg -laying hen
if the cage -free housing system provides egg -laying hens with
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unrestricted access to elevated flat platforms, including, without
limitation, unrestricted access in a multi -tiered aviary or partially
slatted system; or
(2) One and one -half square feet of usable floor space per
egg-laying hen if the cage -free housing system does not provide
unrestricted access to elevated flat platforms, including, without
limitation, unrestricted access in a single -level, all -litter floor
system.
3. The prohibitions in subsections 1 and 2 do not apply to the
confinement of an egg-laying hen during:
(a) Medical research for which the egg-laying hen is used;
(b) The examination, testing or treatment of or a surgical
procedure performed on the egg-laying hen that is conducted by a
person licensed to practice as a veterinarian pursuant to chapter 638
of NRS or a person who is under the direct supervision of a person
licensed to practice as a veterinarian pursuant to chapter 638 of
NRS;
(c) The transportation of the egg-laying hen;
(d) A State or county fair exhibition, 4 -H program or other
similar exhibition involving the egg-laying hen;
(e) The slaughter of the egg -laying hen so long as the slaughter
complies with the rules and regulations go verning the slaughtering
of such animals; or
(f) Temporary periods for animal husbandry purposes. Such
temporary periods must last not more than 6 hours in any 24 -hour
period and not more than 24 hours in total of such temporary
periods are allowed in any 30-day period.
Sec. 5. NRS 583.239 is hereby amended to read as follows:
583.239 1. A farm owner or operator shall not sell, offer or
expose for sale or transport for sale egg products or shell eggs
within this State unless the farm owner or operator has been issued a
certificate by the Department pursuant to NRS 576.128 and , except
as otherwise provided by an order issued by the State Quarantine
Officer pursuant to section 1 of this act, an endorsement of the
certificate by the Department indicating that the egg products or
shell eggs were produced by an egg -laying hen which was confined
in a manner that complies with NRS 583.237.
2. To apply for an endorsement required by subsection 1, a
farm owner or operator must submit to the Department with an
application for a certificate or renewal of a certificate issued
pursuant to NRS 576.128:
(a) An attestation that the farm owner or operator confined the
egg-laying hens in a manner that complies with NRS 583.237; and
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(b) Evidence that the enclosures for egg -laying hens have been
inspected by a person described in subsection 4.
3. The Depa rtment shall issue the endorsement required by
subsection 1 to an applicant if:
(a) The farm owner or operator submits the information required
pursuant to subsection 2; and
(b) The Department determines that such information is
sufficient to indicate compliance with NRS 583.237.
4. The Department may use a government inspector, including,
without limitation, an inspector who is employed, contracted with or
authorized by the Department, or a private inspection or process
verification provider to ensure compliance with NRS 583.211 to
583.251, inclusive, during the production and the handling of egg
products and shell eggs. If the Department uses such an inspector or
provider, the Department must approve the inspector or provider as
competent to ensure com pliance with NRS 583.211 to 583.251,
inclusive.
5. Each endorsement issued pursuant to subsection 3 is valid
for the period for which the certificate issued pursuant to NRS
576.128 is valid.
6. If a holder of a certificate issued pursuant to NRS 576.12 8
holds an endorsement issued pursuant to this section, the
Department shall include in any notice of renewal of the certificate
provided to the holder of the certificate a notice to renew the
endorsement issued pursuant to this section.
7. The Department may require an inspection of the enclosure
for egg-laying hens to determine whether to renew an endorsement
issued pursuant to this section. If the Department determines that an
inspection of the enclosure is required for the renewal of the
endorsement, the endorsement remains in effect until the
endorsement expires or until the Department makes a determination
whether to renew the endorsement, whichever occurs later.
8. The Department may not charge a fee for the issuance or
renewal of an endorsement pursuant to this section.
Sec. 6. NRS 583.245 is hereby amended to read as follows:
583.245 1. [A] Except as otherwise provided by an order
issued by the State Quarantine Officer pursuant to section 1 of
this act, a business owner or operator shall not knowingly sell, offer
or expose for sale or transport for sale egg products or shell eggs
within this State if the business owner or operator knows or should
have known that the egg products or shell eggs were produced by an
egg-laying hen which was confined in a manner that conflicts with
the standards set forth in NRS 583.237.
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2. [A] Except as otherwise provided by an order issued by the
State Quarantine Officer pursuant to section 1 of this act, a
business owner or operator shall obtain a copy of the certificate
issued pursuant to NRS 576.128 that contains the endorsement
issued pursuant to NRS 583.239 from the farm owner or operator to
whom the certificate is issued before doing any business governed
by NRS 583.211 to 583.251, inclusive, with the farm owner or
operator.
3. The business owner or operator shall:
(a) Retain a copy of the certificate obtained pursuant to
subsection 2; and
(b) Provide a copy of the certificate to the Department upon
request.
4. It is a defense to any action to enforce NRS 583.211 to
583.251, inclusive, that a business owner or operator relied in good
faith upon a certificate obtained pursuant to subsection 2.
Sec. 7. NRS 583.247 is hereby amended to read as follows:
583.247 Except as otherwise provided by an order issued by
the State Quarantine Officer pursuant to section 1 of this act:
1. The Department shall enforce the provisions of NRS
583.211 to 583.251, inclusive.
2. The Department or an a uthorized inspector or agent of the
Department is entitled to free access during regular business hours
to an applicable farm or business and to the records of such a farm
owner or operator or business owner or operator for the purpose of
inspecting such f arm, business or record to determine whether any
of the provisions of NRS 583.211 to 583.251, inclusive, are being or
have been violated.
Sec. 8. NRS 583.249 is hereby amended to read as follows:
583.249 The State Quarant ine Officer may adopt such
regulations as he or she deems necessary for carrying out the
provisions of NRS 583.211 to 583.251, inclusive [.] , and section 1
of this act relating to the circumstances in which the State
Quarantine Officer may order the temporary suspension of the
provisions of NRS 583.110 to 583.251, inclusive, and section 1 of
this act and requirements for the temporary suspension.
Sec. 9. NRS 583.251 is hereby amended to read as follows:
583.251 [Any] Except as otherwise provided by an order
issued by the State Quarantine Officer pursuant to section 1 of
this act, any person who violates any of the provisions of NRS
583.211 to 583.251, inclusive, is subject to a civil penalty pursuant
to NRS 583.700.
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Sec. 9.5. Not later than 60 days after the effective date of this
act, the State Department of Agriculture shall submit a report of its
findings relating to the difference in the cost of eggs and egg
products sold by reta iler or geographic region to the Director of the
Legislative Counsel Bureau for transmittal to:
1. The 83rd Session of the Legislature;
2. The Chair of the Senate Standing Committee on Natural
Resources during the 83rd Session of the Legislature; and
3. The Chair of the Assembly Standing Committee on Natural
Resources during the 83rd Session of the Legislature.
Sec. 10. This act becomes effective upon passage and
approval.
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