NRS584.583. Sale of milk, cream or fresh dairy products below cost.

      1.  No distributor or retailer may sell fluid milk, fluid cream or any fresh dairy product below cost.

      2.  Each distributor shall provide to the Commission a statement of costs in accordance with the appropriate stabilization and marketing plan.

      3.  The provisions of this section do not prohibit a retailer from donating or discounting a dairy product within 48 hours before midnight of the date of expiration printed on the dairy product.

      4.  As used in this section, “cost” means:

      (a) When applied to a distributor, the total consideration paid or exchanged for a raw product, plus the total expense incurred for manufacturing, processing, handling, sale and delivery of the raw product.

      (b) When applied to a retailer, the invoice price charged to the retailer for the raw product or the cost of replacement of the raw product, whichever is less, plus the retailer’s cost of doing business.

      (Added to NRS by 1959, 900; A 1975, 1495; 1979, 1311; 1983, 1239; 1987, 155; 2007, 2119; 2013, 612)