SB 404 — Revises provisions governing cannabis. (BDR 51-1086)

REQUIRESSenate TWO-THIRDSBill MAJORITYNo. VOTE (§ 9) (Reprinted with amendments adopted on May 18, 2021) FIRST REPRINT S.B.

404404–Committee SENATEon BFinance ILLNCHAPTER.......... O.

404–C OMMITTEE ON FINANCE (ON BEHALF OF THE O FFICE OF FINANCE IN THE O FFICE OF THE GOVERNOR ) M ARCH 30, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing cannabis.

(BDR 51-1086) FISCAL NOTE:

EffectProvides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 581.050) Section 5 of this bill authorizes the State Sealer of Consumer Equitability to adopt such regulations for cannabis weighing and measuring equipment, which is defined - *SB404_R1* – 2 – by section 3 of this bill as weights, measures, weighing devices and measuring devices used in cannabis establishments.

Section 4 of this bill makes a conforming change to indicate the placement of sections 2 and 3 of this bill in the Nevada Revised Statutes.

Section 6 of this bill authorizes the Sealer of ConsumerConsumerevada Sealer of Consumer Equitability to ensureenforce thatsuch cannabisregulations. weighing and measuringState equipment is suitable for its intended use, is properly installed and accurate and is so maintained by its owner or user.

Section 87 of this bill requires the State Sealer of Consumer Equitability to inspectensure andthat test,cannabis toweighing ascertainand ifmeasuring itequipment is correct,suitable allfor cannabisits weighingintended anduse, measuringis equipment,properly otherinstalled thanand equipmentaccurate thatand is usedso formaintained a noncommercial purpose by aits cannabisowner independentor testinguser. laboratory.

Section 98 of licensethis feebill forrequires cannabisthe weighingState andSealer measuringof equipmentConsumer requiredEquitability to beishinspect anand annualtest, inspectedto andascertain testedif byit theis Statecorrect, Sealerall ofcannabis Consumernoncommercial Equitability.purpose by a cannabis independent testing laboratory.

Section 9 of this bill authorizes the State Sealer of Consumer Equitability to establish an annual license fee for cannabis weighing and measuring equipment required to be inspected and tested by the State Sealer of Consumer Equitability.

Section 10 additionally prohibits a person from selling or offering for sale an incorrect weight or measure for use in a cannExisting law requires an applicant for a license to operate a cannabis establishment.independent testing laboratory to agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure.

independentSection testing10.5 laboratoryof tothis agreebill torequires becomesuch accreditedan pursuantaccreditation to standardbe ISO/IECissued 17025- 81st Session (2021) – 2 – of the International Organization for Standardization withinand 1is yeara aftersignatory licensure.to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.

SectionEXPLANATION 10.5– ofMatter this bill requires such an accreditation to be issued by an impartial organization that operates in accordancebolded withitalics standard ISO/IEC 17011 of the International Organization for Standardization and is anew; signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.

matter between brackets [omitted material] is material to be omitted.

- *SB404_R1* – 3 – (c) Adopt regulations for the submission for approval of types and designs of weights and measures , [and] commercial weighing and measuring equipment [.] and cannabis weighing and measuring equipment.

(b) Requirements for the issuance of a certificate of registration pursuantpur(c) Standards for the equipment used to NRSrepair 581.103;or adjust weighing or measuring devices.

and (c) Standards for the equipment used to repair or adjust weighing or measuring devices.

- 81st Session (2021) – 3 – 1.

Issue stop-use, hold and removal orders for any weights and measures commercially used [,] or used in a cannabis establishment, and issue stop-sale, hold and removal orders for any packaged commodities or bulk sale commodities that are kept,kept,for any offered or exposed for sale.

3.weighing and measuring equipment, the precision calibration andf related metrological certification capabilities of the facilities of the Division.

Make available to all users of physical standards, or of weighing and measuring equipment, the precision calibration and - *SB404_R1* – 4 – related metrological certification capabilities of the facilities of the Division.

- 81st Session (2021) – 4 – 2.

Adopt other reasonable regulations for the enforcement of thisthi5.chaEstablish chapter.requirements for:

5.

Establish requirements for:

Inspect and test, to ascertain if they are correct, weights and measuresmea(a) Determine the weight, measure or count of commodities or things that are commerciallysold, usedor to:offered or exposed for sale, on the basis of weight, measure or count;

(a) Determine the weight, measure or count(b) ofCompute commoditiesthe orbasic thingscharge that are sold, or offeredpayment or exposed for sale,services rendered on the basis of weight, measure or count;count.

or - *SB404_R1* – 5 – (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

Approve for use such commercial weights and measures and cannabis weighing and measuring equipment as the State Sealer of Consumer Equitability determines are correct and appropriate- [.]81st otherSession than(2021) equipment– that5 is– used for a noncommercial purpose by a cannabis independent testing laboratory, as defined in NRS 678A.115.

Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto.

Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include - *SB404_R1* – 6 – those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in goodgoodse manufacturing practices.

The State Sealer of Consumer Equitability may establish by regulation minimum - 81st Session (2021) – 6 – training and performance requirements which must be met by all such persons.

[19.]random 20.tests of point-of-sale systems and cash registers to determine the accuracy of prices, including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.

Without charging and collecting a fee, conduct random tests of point-of-sale systems and cash registers to determine the accuracy of prices, including advertised prices and price representations, and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database.

2.pursuant to NRS 581.103.r the issuance of a certificate of registration 3.