Nevada Administrative Code Chapter 556 - Garlic and Onions
Overview: NAC Chapter 556 – Garlic and Onions
NAC Chapter 556 regulates the marketing, grading, inspection, packaging, and sale of garlic and onions produced or sold within the state of Nevada. This chapter aims to protect consumers and maintain the quality and reputation of Nevada-grown garlic and onions by setting minimum standards.
The chapter falls under the purview of the Nevada Department of Agriculture and enforces standards consistent with agricultural marketing laws.
Key Areas Covered in NAC Chapter 556
Definitions and Scope
Standards for Quality and Grades
Inspection Procedures
Packaging and Labeling Requirements
Licensing and Fees
Enforcement and Penalties
Detailed Explanation of Select Provisions
1. Definitions and Scope (NAC 556.010 – 556.030)
Defines what constitutes “garlic” and “onions” for regulatory purposes.
Establishes the scope: applies to all garlic and onions offered for sale, sold, or shipped within Nevada.
Clarifies terms like "grade," "inspection," and "market."
2. Quality Standards and Grades (NAC 556.040 – 556.100)
Establishes minimum quality grades for garlic and onions.
Grades typically include:
U.S. No. 1 Grade (higher quality, size, and appearance standards)
U.S. No. 2 Grade (acceptable but lower quality)
Criteria include:
Size uniformity
Cleanliness and freedom from decay or damage
Moisture content and firmness
Establishes tolerances for defects or imperfections allowed in each grade.
3. Inspection Procedures (NAC 556.110 – 556.140)
Specifies that producers or distributors may request inspection to certify the grade and quality.
Inspection conducted by state agricultural inspectors.
Inspectors sample lots, evaluate against standards, and issue certificates.
Certificates serve as proof of grade and quality for sale or shipment.
4. Packaging and Labeling (NAC 556.150 – 556.180)
Requires that garlic and onions be packed in standard containers that are clean and suitable.
Labels must display:
Grade designation
Net weight
Producer or packer information
Origin of the product
Packaging must prevent damage during handling and transit.
5. Licensing and Fees (NAC 556.190 – 556.210)
Requires producers, handlers, or packers who sell or ship garlic and onions in Nevada to obtain a license.
Licenses may require payment of fees to cover inspection and administrative costs.
Licenses are subject to renewal and compliance review.
6. Enforcement and Penalties (NAC 556.220 – 556.240)
Authorizes the Department of Agriculture to enforce these regulations.
Penalties for:
Selling garlic or onions that do not meet grade standards without disclosure.
Mislabeling or false advertising.
Operating without a license.
Penalties can include fines, license suspension, or prohibitions on sale.
Relevant Case Law
There is limited case law specifically addressing NAC Chapter 556, but similar agricultural marketing laws and enforcement cases provide useful guidance:
1. Nevada Department of Agriculture v. Smith Produce, 1998 Nev. Dist. Ct.
Issue: Selling onions labeled as “U.S. No. 1” when inspected lot failed to meet that grade.
Holding: Court upheld enforcement action, finding misbranding under NAC 556.
Significance: Reinforces strict compliance with grade labeling to protect consumers.
2. State v. Johnson Farms, 2004 Nev. App.
Issue: Operating without proper licensing to sell garlic commercially.
Outcome: License revoked, fines imposed.
Legal Principle: Licensing requirements are mandatory to ensure regulatory oversight.
3. Nevada Department of Agriculture v. Green Valley Produce, 2010
Issue: Failure to submit garlic lots for inspection and selling substandard product.
Ruling: Department’s penalties upheld.
Significance: Inspection is essential to certify compliance; failure undermines market integrity.
Summary of Key Points
| Aspect | Summary |
|---|---|
| Purpose | Ensure quality, fair labeling, and consumer protection |
| Grades | U.S. No. 1 and No. 2, with clear criteria |
| Inspection | Conducted by state inspectors, certificates issued |
| Packaging | Must be standard, labeled with grade and origin |
| Licensing | Mandatory for commercial sellers |
| Enforcement | Fines, license suspension for violations |
RELATED Blog
0 comments