Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 597.7177 - Sale or manufacture of foil balloon prohibited unless balloon tested and meets performance standards; tolling1. Except as otherwise provided in this section, a person shall not sell, offer to sell or manufacture a foil balloon in this State after the commencement date unless the foil balloon meets the requirements set forth in this section. 2. Except as otherwise provided in this section, any foil balloon sold, offered for sale or manufactured in this State after the commencement date must be tested in accordance with, and meet the performance standards set forth in, a standard for the testing and evaluation of the dielectric performance of foil balloons adopted by the Commission pursuant to NRS 597.7178.3. Except as otherwise provided in subsections 4 and 5, a person who sells, offers for sale or manufactures foil balloons in this State after the commencement date shall ensure that: (a) Not less than 25 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2027.(b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2028.(c) Not less than 80 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2029.(d) One hundred percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2030.4. A period described in subsection 3 must be tolled during any period in which a serious development, manufacturing, production or supply chain issue or event in the nature of force majeure occurs if the issue or event: (a) Makes it infeasible to develop, manufacture, produce or sell foil balloons in compliance with the requirements of this section; and(b) Is outside of the control of the person who sells, offers to sell or manufactures a foil balloon in this State. 5. If a period of tolling is required pursuant to subsection 4, the period must be: (a) Twenty-four months; or(b) Until the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved, whichever occurs later.6. As used in this section, "infeasible" means incapable of being accomplished in a successful manner within a reasonable time, taking into account economic, environmental, legal, social and technological factors.Added to NRS by 2023, 2968Added by 2023, Ch. 483,§8, eff. 10/1/2023.