[Rev. 11/21/2013 12:23:37
PM--2013]
TITLE 50 - ANIMALS
CHAPTER 561 - STATE DEPARTMENT OF
AGRICULTURE
GENERAL PROVISIONS
NRS 561.015 Legislative
declaration.
NRS 561.025 Definitions.
NRS 561.035 Creation
of Department; administration of chapter by Department.
STATE BOARD OF AGRICULTURE
NRS 561.045 Creation;
number and appointment of members.
NRS 561.055 Qualifications
of members.
NRS 561.075 Compensation
of members and employees.
NRS 561.085 Chair;
Secretary.
NRS 561.095 Meetings;
quorum; minutes and audio recordings or transcripts are public records.
NRS 561.105 Duties;
rules and regulations.
DIVISION OF CONSUMER EQUITABILITY
NRS 561.108 Creation;
administration and enforcement of various provisions of NRS concerning weights,
measures and other standards.
DIRECTOR
NRS 561.115 Appointment;
unclassified service.
NRS 561.125 Qualifications.
NRS 561.135 Salary.
NRS 561.145 General
powers and duties.
NRS 561.146 Issuance
and enforcement of subpoenas.
NRS 561.147 Prohibition
or restriction of movement of infested article; treatment to devitalize or
sterilize.
NRS 561.148 Participation
in investigation and prosecution of theft or destruction of livestock;
inspections.
NRS 561.149 Depositions.
NRS 561.153 Prescription
of fees to cover costs of providing certain services, products or publications;
procedures for billing or collecting fees.
NRS 561.155 Ex
officio State Sealer of Consumer Equitability.
NRS 561.165 Ex
officio State Quarantine Officer.
NRS 561.185 Designation,
powers and duties of deputy.
MANAGEMENT OF ACTIVITIES;
POWERS AND DUTIES
NRS 561.205 Management
of activities pertaining to protection and promotion of livestock industry.
NRS 561.209 Management
of activities pertaining to brands and marks and brand inspection.
NRS 561.214 Management
of activities pertaining to protection and promotion of agricultural industry.
NRS 561.218 Management
of activities relating to natural resources and land use planning.
NRS 561.225 Appointment
of staff; designation of field agents and inspectors.
NRS 561.235 Offices:
Location, establishment and maintenance.
NRS 561.245 Cooperation
and agreements with Federal Government, agencies, political subdivisions and
natural persons; grants and subgrants.
NRS 561.247 Establishment
and administration of Agricultural Loan Mediation Program; fees for
participation. [Repealed.]
NRS 561.255 Acceptance
of money and other contributions; deposit.
NRS 561.265 Publication
of general orders, rules and regulations.
NRS 561.275 Exhibits
and displays at fairs and exhibitions; agreements concerning exhibitions.
NRS 561.285 Collection
and dissemination of information; confidential proprietary information.
NRS 561.295 Issuance
and enforcement of hold orders by Director; hearings; judicial review.
NRS 561.301 Aquatic
agriculture: Promotion, protection and regulation.
NRS 561.305 Laboratories:
Establishment, maintenance and purposes; examination of samples for residents.
NRS 561.315 Costs
for examination of samples by laboratory.
NRS 561.325 Offer
of reward for arrest and conviction of person stealing livestock.
FINANCES AND PROGRAMS
NRS 561.335 Revolving
Account for Agriculture Working Capital.
NRS 561.344 Livestock
Inspection Account.
NRS 561.355 Plant
Industry Program: Establishment; source and use of fees and other money.
NRS 561.375 Program
for the Control of Pests and Plant Diseases: Establishment; source and use of
money.
NRS 561.385 Agriculture
Registration and Enforcement Account.
NRS 561.405 Rural
Rehabilitation Fund.
NRS 561.407 Account
for the Promotion of Beef.
NRS 561.409 Alfalfa
Seed Research and Promotion Account.
NRS 561.411 Account
for License Plates for the Promotion of Agriculture Within This State.
NRS 561.412 Separate
account for certain fees.
NRS 561.415 Legislative
appropriations; payment of claims.
NRS 561.421 Remittance
of money collected on behalf of Department in remote areas of State.
NRS 561.423 Garlic
and Onion Research and Promotion Account.
LIQUIDATION OF RURAL
REHABILITATION TRUST
NRS 561.425 Application
for and receipt of trust assets by Department.
NRS 561.435 Agreements
with federal Secretary of Agriculture for use of trust assets to carry out
purposes of Bankhead-Jones Farm Tenant Act.
NRS 561.445 Use
of money by Department if not administered by federal Secretary of Agriculture.
NRS 561.455 Powers
of Department.
NRS 561.465 United
States and federal Secretary of Agriculture exempt from liability.
DONATED COMMODITIES AND SUPPLEMENTAL FOOD PROGRAM
NRS 561.485 Donated
Commodities Account.
NRS 561.489 Donation
of certain commodities to certain organizations created for religious,
charitable or educational purposes.
NRS 561.495 Supplemental
Food Program: Establishment; purpose; gifts, grants and donations; operations;
purchases and distribution.
_________
GENERAL PROVISIONS
NRS 561.015 Legislative declaration. The
Legislature declares that the purpose of this chapter is:
1. To benefit and to promote the welfare
of all the people of the State of Nevada.
2. To promote the efficient, orderly and
economical conduct of the various activities for the encouragement, advancement
and protection of the livestock and agricultural industries of the State of
Nevada.
(Added to NRS by 1961, 496)
NRS 561.025 Definitions. As
used in this chapter, unless the context requires otherwise:
1. “Board” means the State Board of
Agriculture.
2. “Department” means the State Department
of Agriculture.
3. “Director” means the Director of the
Department.
4. “Livestock” means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or
animals of the equine species.
(c) All swine or animals of the porcine species.
(d) All goats or animals of the caprine species.
(e) All poultry or domesticated fowl or birds.
(f) All dogs, cats or other animals domesticated
or under the restraint or control of humans.
(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655)
NRS 561.035 Creation of Department; administration of chapter by Department.
1. The State Department of Agriculture is
hereby created.
2. The administration of the provisions of
this chapter is vested in the Department.
(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655)
STATE BOARD OF AGRICULTURE
NRS 561.045 Creation; number and appointment of members. There is hereby created in the Department a
State Board of Agriculture composed of 11 members appointed by the Governor.
(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299; 1989, 802; 1993, 1722; 1999, 3655; 2003, 2146)
NRS 561.055 Qualifications of members.
1. Three members of the Board must be
actively engaged in range or semirange cattle production, one in dairy
production, one in range or semirange sheep production, one in general farming,
one in general agriculture, one in growing crops which are planted in rows
spaced to permit mechanical cultivation, one in the control of pests, one in
the petroleum industry and one in raising nursery stock.
2. Not more than two members may be
residents of the same county, and the range or semirange cattle production
members must be residents of different counties.
(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299; 1989, 802; 1999, 1388; 2003, 2146)
NRS 561.075 Compensation of members and employees.
1. While engaged in the business of the
Department, each member of the Board is entitled to receive a salary of not
more than $80 per day, as fixed by the Board.
2. While engaged in the business of the
Department, each member and employee of the Board is entitled to receive the
per diem allowance and travel expenses provided for state officers and
employees generally.
3. The salaries, per diem allowances and
travel expenses of the members and employees of the Board must be paid from any
money available to the Department.
(Added to NRS by 1961, 497; A 1973, 996; 1975, 299; 1981,
1989; 1985, 438;
1989, 1720;
1993, 1722;
1999, 3655)
NRS 561.085 Chair; Secretary.
1. The Board shall elect one of its
members as Chair of the Board.
2. The Director shall act as the nonvoting
recording Secretary of the Board and shall keep the minutes and audio
recordings or transcripts of the proceedings of the Board.
(Added to NRS by 1961, 497; A 1993, 1722; 1999, 3656; 2005, 1415)
NRS 561.095 Meetings; quorum; minutes and audio recordings or transcripts
are public records.
1. The members of the Board may meet at
such times and at such places as may be specified by the call of the Chair or a
majority of the Board, and a meeting of the Board may be held regularly at
least once every 3 months. In case of an emergency, special meetings may be
called by the Chair or by the Director.
2. Six members of the Board constitute a
quorum. A quorum may exercise all the authority conferred on the Board.
3. Minutes and audio recordings or
transcripts of each meeting, regular or special, must be filed with the
Department and, except as otherwise provided in NRS 241.035, are public records. A copy of
the minutes or audio recordings must be made available to a member of the
public upon request at no charge pursuant to NRS
241.035.
(Added to NRS by 1961, 497; A 1983, 1447; 1985, 624; 1989, 802; 1993, 1722; 1999, 3656; 2005, 1415; 2013, 333)
NRS 561.105 Duties; rules and regulations.
1. The Board:
(a) Must be informed on and interested in the
entire field of legislation and administration charged to the Department.
(b) Shall report to the Governor and Legislature
on all matters which it deems relevant to the Department, and concerning any
specific matters previously requested by the Governor.
(c) Shall advise and make recommendations to the
Governor or the Legislature relating to the policies of the State concerning
livestock and agriculture.
(d) Shall establish the policy of the Department.
(e) Shall adopt such regulations as it deems
necessary for the operation of the Department and for carrying out the
provisions of the laws and programs administered by the Department.
2. The Board shall prescribe rules for its
management and government.
(Added to NRS by 1961, 497; A 1985, 369; 1993, 1722; 1999, 3656)
DIVISION OF CONSUMER EQUITABILITY
NRS 561.108 Creation; administration and enforcement of various provisions
of NRS concerning weights, measures and other standards.
1. The Division of Consumer Equitability
is hereby created within the Department. The Director shall appoint an Administrator
of the Division who shall administer all activities and services of the
Division.
2. The Division of Consumer Equitability
shall administer and enforce the provisions of chapters
581 and 582 of NRS and NRS 590.010 to 590.450, inclusive.
(Added to NRS by 2003, 2329; A 2013, 2471)
DIRECTOR
NRS 561.115 Appointment; unclassified service. The
Director:
1. Must be appointed by the Board with the
approval of the Governor.
2. Is in the unclassified service of the
State.
(Added to NRS by 1961, 497; A 1971, 2082; 1977, 311; 1993, 1723; 1999, 3656)
NRS 561.125 Qualifications. The
Director must be a graduate of an accredited college or university and have at
least 5 years’ experience in official agricultural or livestock regulatory
work, public administration, accounting or business administration.
(Added to NRS by 1961, 497; A 1993, 1723; 1995, 432; 1999, 3657)
NRS 561.135 Salary. The salary
of the Director may be apportioned and paid from any money available to the
Department unless otherwise provided by specific statute.
(Added to NRS by 1961, 497; A 1971, 2082; 1985, 438; 1993, 1723; 1999, 3657)
NRS 561.145 General powers and duties.
1. The Director shall direct and supervise
all administrative and technical activities of the Department, and all programs
administered by the Department as provided by law. Except as otherwise provided
in NRS 284.143, the Director shall
devote his or her entire time to the duties of the Director’s office, and shall
follow no other gainful employment or occupation.
2. The Director may, within such limitations
as may be provided by law, organize the Department into divisions and, from
time to time, alter that organization and reassign responsibilities and duties
as the Director may deem appropriate.
3. The Director shall:
(a) Coordinate the activities of the divisions of
the Department.
(b) Report to the Board upon all matters
pertaining to the administration of the Department.
(Added to NRS by 1961, 498; A 1993, 1723; 1995, 2317; 1999, 3657; 2013, 1631)
NRS 561.146 Issuance and enforcement of subpoenas.
1. Whenever the Director is authorized or
required by law to conduct a hearing, the Director may issue subpoenas
requiring the attendance of witnesses before him or her, together with all
books, memoranda, papers and other documents relating to the matters for which
the hearing is called, and take depositions within or without the state, as the
circumstances of the case may require.
2. The district court in and for the
county in which any hearing is being conducted by the Director may compel the
attendance of witnesses, the giving of testimony and the production of books
and papers as required by any subpoena issued by the Director.
3. In case of the refusal of any witness
to attend or testify or produce any papers required by the subpoena, the
Director may report to the district court in and for the county in which the
hearing is pending by petition, setting forth:
(a) That notice has been given of the time and
place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the
manner prescribed in this section; and
(c) That the witness has failed and refused to
attend or produce the papers required by subpoena before the Director in the
hearing named in the subpoena, or has refused to answer questions propounded to
him or her in the course of the hearing,
Ê and asking
an order of the court compelling the witness to attend and testify or produce
the books or papers before the Director.
4. The court, upon petition of the
Director, shall enter an order directing the witness to appear before the court
at a time and place to be fixed by the court in the order, the time to be not
more than 10 days after the date of the order, and then and there show cause
why the witness has not attended or testified or produced the books or papers
before the Director. A certified copy of the order must be served upon the
witness. If it appears to the court that the subpoena was regularly issued by
the Director, the court may thereupon enter an order that the witness appear
before the Director at the time and place fixed in the order and testify or
produce the required books or papers, and upon failure to obey the order the
witness must be dealt with as for contempt of court.
(Added to NRS by 1967, 420; A 1981, 89; 1993, 1723; 1999, 3657)
NRS 561.147 Prohibition or restriction of movement of infested article;
treatment to devitalize or sterilize. If
any feed, grain, hay, machinery or other article is found to be infested with,
or the possible carrier of, the propagating parts of any noxious weed,
injurious insect pest or plant disease, and the Director determines that
movement of the article into any area of the State will be damaging or will
jeopardize the agricultural industry of the area, the Director may prohibit or
restrict movement of the infested article or may prescribe treatment to
devitalize or sterilize the infested article.
(Added to NRS by 1965, 31; A 1993, 1724; 1997, 484; 1999, 3658)
NRS 561.148 Participation in investigation and prosecution of theft or
destruction of livestock; inspections. The
Director may participate in the investigation and prosecution of any suspected
theft, mutilation or malicious destruction of livestock, and may temporarily
stop the movement of livestock and carcasses for the purpose of inspection.
(Added to NRS by 1967, 282; A 1993, 1724; 1999, 3658)
NRS 561.149 Depositions. In all
cases where the Director is required or authorized by law to proceed upon a
verified complaint, the Director, or the Director’s deputy so authorized by the
Director, may take depositions, within or without the State, as the circumstances
of the case may require.
(Added to NRS by 1965, 409; A 1981, 90; 1993, 1724;
1999; 3658)
NRS 561.153 Prescription of fees to cover costs of providing certain
services, products or publications; procedures for billing or collecting fees. The Director may by regulation:
1. Prescribe, in addition to any other
fees prescribed by the Director pursuant to titles 49, 50 and 51 of NRS, a fee
to cover the costs incurred by the Department for any service, product or
publication provided by the Department pursuant to titles 49, 50 and 51 of NRS
or the regulations adopted pursuant thereto; and
2. Adopt such procedures as the Director
may deem appropriate for the billing or collection of such fees.
(Added to NRS by 1969, 138; A 1979, 292; 1993, 1724; 1999, 3597, 3658; 2003, 1430)
NRS 561.155 Ex officio State Sealer of Consumer Equitability. The Director is hereby designated and
appointed ex officio State Sealer of Consumer Equitability, and shall carry out
all the duties of the State Sealer of Consumer Equitability as provided by law.
(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3658; 2013, 2472)
NRS 561.165 Ex officio State Quarantine Officer. The
Director is hereby designated and appointed ex officio State Quarantine
Officer, and shall carry out all the duties of the State Quarantine Officer as
provided by law.
(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3659)
NRS 561.185 Designation, powers and duties of deputy. The Director may designate an employee of the
Department to act as the Director’s deputy. In case of the absence of the
Director, or the Director’s inability from any cause to discharge the powers
and duties of his or her office, those powers and duties devolve upon the
Director’s deputy.
(Added to NRS by 1961, 499; A 1993, 1725; 1999, 3659)
MANAGEMENT OF ACTIVITIES; POWERS AND DUTIES
NRS 561.205 Management of activities pertaining to protection and promotion
of livestock industry. The
Director shall appoint a person to manage the activities of the Department
relating to the protection and promotion of the livestock industry of the State
of Nevada. The person is in the unclassified service of the State and must:
1. Be appointed on the basis of merit;
2. Be a graduate of a veterinary school or
college approved by the American Veterinary Medical Association; and
3. Have at least 5 years’ experience in
official work for regulating and controlling diseases in livestock.
(Added to NRS by 1961, 498; A 1985, 438; 1991, 1353; 1993, 1725; 1999, 3659; 2013, 1320)
NRS 561.209 Management of activities pertaining to brands and marks and
brand inspection. The Director
shall appoint a person to manage the activities of the Department relating to
brands and marks and brand inspection in the State of Nevada. The person must
be appointed on the basis of merit and is in the unclassified service of the
State.
(Added to NRS by 1971, 2082; A 1991, 1354; 1993, 1725; 1999, 3659; 2013, 1320)
NRS 561.214 Management of activities pertaining to protection and promotion
of agricultural industry. The
Director shall appoint a person to manage the activities of the Department
relating to the protection and promotion of the agricultural industry of the
State of Nevada. The person is in the classified service of the State and must
be:
1. Appointed on the basis of merit; and
2. A graduate of an accredited college or
university with a major in agricultural business or in one of the agricultural
sciences.
(Added to NRS by 1961, 499; A 1985, 438; 1991, 1354; 1993, 1725; 1999, 3659; 2013, 1320)
NRS 561.218 Management of activities relating to natural resources and land
use planning.
1. The Director shall appoint a person to
manage the activities of the Department relating to natural resources and land
use planning. The person must be appointed on the basis of merit and is in the
unclassified service of the State.
2. The person appointed shall:
(a) Develop cooperative agreements and working
relationships with federal and state agencies and local governments for land
use planning and the preservation and allocation of natural resources necessary
to advance and protect the livestock and agricultural industries in this State.
(b) Monitor gatherings of estrays and feral
livestock conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district
brand inspectors in identifying estrays before they are sold or given a
placement or other disposition through a cooperative agreement established pursuant
to NRS 569.031 for the management,
control, placement or disposition of estrays and feral livestock.
(c) Provide the members of the general public
with information relating to the activities of the Department and solicit
recommendations from the members of the general public and advisory groups
concerning those activities.
(d) Make assessments of the level of competition
between livestock and wildlife for food and water and shall collect data
concerning the movement of livestock.
(e) Participate in land use planning relating to
the competition for food and water between livestock and wildlife to ensure the
maintenance of the habitat of both livestock and wildlife.
(f) Present testimony, conduct research and
prepare reports for the Governor, the Legislature, the Director and any other
person or governmental entity as directed by the Director.
(g) Develop and carry out a program to educate
the members of the general public concerning the programs administered by the
Department, including programs for the management and control of estrays and
feral livestock.
(h) Make proposals to the Director for the
amendment of the regulations adopted by the Board pursuant to NRS 561.105.
(i) Perform such other duties as directed by the
Director.
3. As used in this section:
(a) “Estray” has the meaning ascribed to it in NRS 569.0075.
(b) “Feral livestock” has the meaning ascribed to
it in NRS 569.008.
(Added to NRS by 1997, 1404; A 1999, 3659; 2003, 2146; 2011, 2489;
2013, 1320,
1865)
NRS 561.225 Appointment of staff; designation of field agents and
inspectors.
1. The Director shall appoint such
technical, clerical and operational staff as the execution of the Director’s
duties and the operation of the Department may require.
2. The Director may designate such
department personnel as are required to be field agents and inspectors in the
enforcement of the provisions of Titles 49 and 50 of NRS and chapters 581, 582,
583, 584, 586, 587, 588 and 590 of
NRS.
(Added to NRS by 1961, 499; A 1967, 695; 1985, 438; 1993, 1725, 2540; 1995, 703; 1999, 3660; 2001, 1731; 2013, 1321,
1801)
NRS 561.235 Offices: Location, establishment and maintenance.
1. The Department shall maintain a
principal office and may maintain district or branch offices throughout the
State if they are necessary for the efficient operation of the Department.
2. The Director shall select the location
of those offices and may enter into such leases or other agreements as may be
necessary to establish them. The leases or agreements must be executed in
cooperation with the Buildings and Grounds Section of the State Public Works
Division of the Department of Administration and in accordance with the
provisions of NRS 331.110.
(Added to NRS by 1961, 499; A 1963, 1070; 1973, 1476;
1983, 280; 1993,
1726; 1999,
3661; 2011,
2988)
NRS 561.245 Cooperation and agreements with Federal Government, agencies,
political subdivisions and natural persons; grants and subgrants. In the administration of various programs by
the Department as provided by law, the Department may:
1. Cooperate, financially or otherwise,
and execute contracts or agreements with the Federal Government or any federal
department or agency, any other state department or agency, a county, a city, a
public district or any political subdivision of this State, a public or private
corporation, a natural person or a group of natural persons. The cooperation
does not relieve any person, department, agency, corporation or political
subdivision of any responsibility or liability existing under any provision of
law.
2. In addition to any money or other
contribution accepted pursuant to NRS 561.255,
apply for or accept any gifts, grants, donations or contributions from any
source.
3. Except as otherwise provided in NRS 561.335 and 561.355,
make grants or subgrants of money to any person, department, agency,
corporation or political subdivision specified in subsection 1.
(Added to NRS by 1961, 499; A 1993, 1726; 1999, 3661; 2007, 649)
NRS 561.247 Establishment and administration of Agricultural Loan Mediation
Program; fees for participation. Repealed.
(See chapter 286, Statutes of Nevada 2013, at page 1328.)
NRS 561.255 Acceptance of money and other contributions; deposit.
1. The Department may accept, for programs
administered by it, any money or other contribution which is made available by:
(a) Any Act of the Congress of the United States;
(b) A county, city, public district or any
political subdivision of this state; or
(c) A public or private corporation or
association or by any person.
2. Any money or other contribution
accepted by the Department under the provisions of this section must be
deposited with the State Treasurer for credit to the appropriate fund and used
for a program of the Department.
(Added to NRS by 1961, 499; A 1977, 232; 1993, 1726; 1999, 3661)
NRS 561.265 Publication of general orders, rules and regulations. All general orders, rules or regulations
applying to the State, a county or a district shall be published at least twice
in a newspaper having a general circulation in the area affected by the order,
rule or regulation. Such publication shall constitute legal notice of the
order, rule or regulation, and shall be in accordance with the provisions of NRS 238.010 to 238.080, inclusive.
(Added to NRS by 1961, 500)
NRS 561.275 Exhibits and displays at fairs and exhibitions; agreements
concerning exhibitions.
1. The Department may exhibit and display
property, objects, articles, things, livestock and commodities at exhibits,
fairs, expositions and places of public or private exhibition.
2. The Department may negotiate, consult
with and agree with institutions, departments, officers, persons and
corporations of and in the State of Nevada and elsewhere concerning quarters
for and the preservation, care, transportation, storing, custody, display and
exhibition of property, objects, articles, things, livestock and commodities,
and concerning the terms and cost thereof, the manner, time, place and extent
thereof, and the return thereof.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3661)
NRS 561.285 Collection and dissemination of information; confidential
proprietary information.
1. Except as otherwise provided in
subsection 2, the Department may collect and disseminate, throughout the State,
information calculated to educate and benefit the general public and the
livestock and agricultural industries of the State of Nevada, and information
pertaining to any program administered by the Department.
2. Except as otherwise provided in NRS 239.0115 and 571.160, all proprietary information
concerning:
(a) Numbers of animals;
(b) The quantity of production;
(c) Fiscal or tax matters; or
(d) The security of any facility,
Ê which
specifically relates to a natural person, company, corporation or other
nonpublic entity, and which is collected by the Department pursuant to the
provisions of titles 49 and 50 of NRS and chapters
581, 582, 583,
584, 586, 587, 588 and 590 of NRS, is confidential.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662; 2005, 524; 2007, 2118; 2013, 1801)
NRS 561.295 Issuance and enforcement of hold orders by Director; hearings;
judicial review.
1. The Director may issue and enforce a
written hold order to the owner or custodian of any agricultural commodity,
livestock, livestock product, appliance, material or article which the Director
finds is in violation of any of the provisions of law administered by the
Department or which the Director finds to be infested with a pest or infected
with a disease. The order may prohibit further sale or movement or require that
the agricultural commodity, livestock, livestock product, appliance, material
or article to be held on the premises or at a designated premise until the
Director has evidence that the order has been complied with, and upon
compliance, the order must be dissolved.
2. It is unlawful to move or otherwise
dispose of any agricultural commodity, livestock, livestock product, appliance,
material or article except with the permission of the Director and for the
purposes specified therein. Upon demand, the owner or custodian of the
agricultural commodity, livestock, livestock product, appliance, material or
article has the right to a hearing before the Director relative to the
justification of any such order. The provisions of this section do not limit the
right of the Department to proceed as authorized by law. Any decision of the
Director issued in accordance with this section is subject to review by any
court of competent jurisdiction.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662)
NRS 561.301 Aquatic agriculture: Promotion, protection and regulation. Aquatic agriculture, which includes the
propagation, cultivation and harvesting of plants indigenous to water in a
controlled or selected aquatic environment for the commercial production of
food, is one of the agricultural enterprises conducted in this state. The
Department shall promote, protect and regulate aquatic agriculture to the
extent that the Department is authorized to regulate other forms of agriculture
and other agricultural products. The Department shall confer with the
Department of Wildlife regarding aquatic agriculture to prevent any adverse
effects on existing aquatic animals.
(Added to NRS by 1985, 624; A 1993, 1727; 1999, 3662; 2003, 1582)
NRS 561.305 Laboratories: Establishment, maintenance and purposes;
examination of samples for residents. The
Department shall establish and maintain a laboratory for the following
purposes:
1. The diagnosis of infectious, contagious
and parasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious
and parasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS.
3. The diagnosis of infectious, contagious
and destructive diseases of agricultural commodities, and infestations thereof
by pests, as may be necessary under the provisions of chapter 554 of NRS.
4. The survey and identification of insect
pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as
may be necessary under the provisions of NRS
555.005 to 555.249, inclusive.
5. The testing of pesticides, as may be
necessary under the provisions of NRS
555.2605 to 555.460, inclusive, and
586.010 to 586.450, inclusive.
6. The safekeeping and maintenance of
official standards of weights and measures, as may be necessary under the
provisions of chapter 581 of NRS.
7. The testing and grading of agricultural
products and the testing of the purity and germinating power of agricultural
seeds and the testing of the spray residue contained in produce, as may be
necessary under the provisions of chapter 587
of NRS.
8. The analysis and testing of commercial
fertilizers and agricultural minerals, as may be necessary under the provisions
of chapter 588 of NRS.
9. The analysis and testing of petroleum
products or motor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of
antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations,
diagnoses, analyses or testing as may be deemed necessary by the Director and
which can be made with equipment available in any such laboratory. Any resident
of this State may submit samples to the Department for examination, diagnosis,
analysis or testing, subject to such rules and regulations as may be adopted by
the Director.
(Added to NRS by 1961, 501; A 1969, 363, 634; 1971,
1257; 1975, 596; 1993,
1728; 1999,
2850, 3662;
2003, 413, 2147; 2005, 661)
NRS 561.315 Costs for examination of samples by laboratory. The Director may fix the maximum number of
samples that may be examined, diagnosed, analyzed or tested in the Department’s
laboratory free of charge for any one natural person, group or corporation in
any one period, and may fix reasonable fees for samples submitted in excess of
those tested free of charge.
(Added to NRS by 1961, 501; A 1993, 1728; 1999, 3663)
NRS 561.325 Offer of reward for arrest and conviction of person stealing
livestock.
1. The Department may offer a standing
reward, or a reward for each class of livestock, not to exceed $1,500, for
information leading to the arrest and conviction of each person engaged in
stealing livestock. The reward must be paid to the person who provides the
information leading to the arrest and conviction of the person immediately upon
the conviction of the person so arrested.
2. The Director may establish such further
conditions and rules relating to the offering of such rewards and the payments
thereof as the Director may deem proper.
(Added to NRS by 1961, 505; A 1973, 203; 1993, 1729; 1995, 10; 1999, 3663)
FINANCES AND PROGRAMS
NRS 561.335 Revolving Account for Agriculture Working Capital.
1. The Revolving Account for Agriculture
Working Capital in the amount of $10,000 is hereby created for the use of the
Department.
2. The Account must be used specifically
for carrying out the provisions of NRS
569.005 to 569.080, inclusive, and 569.100 to 569.130, inclusive.
3. The Account may be used for:
(a) Paying the expenses of all programs and laws
administered by the Department, except expenses related to estrays and feral
livestock which are required to be paid pursuant to NRS 569.090. The Account must be
reimbursed promptly from the proper funds in the State Treasury by claims paid
as other claims against the State are paid for any expenses paid pursuant to
this paragraph.
(b) Providing advance money to officers and
employees of the Department for travel expenses and subsistence allowances
arising out of their official duties or employment. Such an advance constitutes
a lien in favor of the Department upon the accrued wages of the requesting
officer or employee in an amount equal to the sum advanced, but the Director
may advance more than the amount of the accrued wages of the officer or
employee. Upon the return of the officer or employee, the officer or employee
is entitled to receive any authorized expenses and subsistence in excess of the
amount advanced, and a sum equal to the advance must be paid into the Revolving
Account for Agriculture Working Capital.
(c) Making grants and loans for any purpose
authorized by subsection 2 of NRS 561.445. Any loan
or grant made pursuant to this paragraph must be reimbursed promptly, as other
claims against the State are paid, from the money deposited in the State
Treasury pursuant to subsection 1 of NRS 561.445.
4. The Revolving Account for Agriculture
Working Capital must be deposited in a bank or credit union qualified to
receive deposits of public money and the deposit must be secured by a
depository bond satisfactory to the State Board of Examiners.
(Added to NRS by 1961, 501; A 1967, 359; 1983, 400; 1989, 1095; 1993, 1729; 1995, 246; 1999, 1512, 3664; 2003, 2148)
NRS 561.344 Livestock Inspection Account.
1. The Livestock Inspection Account is
hereby created in the State General Fund for the use of the Department.
2. The following special taxes, fees and
other money must be deposited in the Livestock Inspection Account:
(a) All special taxes on livestock as provided by
law.
(b) Fees and other money collected pursuant to
the provisions of chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays
and feral livestock by the Department pursuant to NRS 569.005 to 569.130, inclusive, or proceeds required
to be deposited in the Livestock Inspection Account pursuant to a cooperative
agreement established pursuant to NRS
569.031 for the management, control, placement or disposition of estrays
and feral livestock.
(e) Fees collected pursuant to the provisions of chapter 573 of NRS.
(f) Fees collected pursuant to the provisions of chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis
of infectious, contagious and parasitic diseases of animals, as authorized by NRS 561.305, and as are necessary pursuant to the
provisions of chapter 571 of NRS.
3. Expenditures from the Livestock
Inspection Account must be made only for carrying out the provisions of this
chapter and chapters 564, 565, 569, 571, 573 and 576 of NRS.
4. The interest and income earned on the
money in the Livestock Inspection Account, after deducting any applicable
charges, must be credited to the Account.
(Added to NRS by 1961, 502; A 1969, 770; 1983, 401; 1985, 157; 1987, 147; 1989, 272; 1991, 9, 1790; 1993, 294, 1729; 1995, 579; 1999, 3664; 2003, 2149; 2013, 1322,
1866)
NRS 561.355 Plant Industry Program: Establishment; source and use of fees
and other money.
1. The Plant Industry Program is hereby
established.
2. The following fees and money must be
used in the Plant Industry Program:
(a) Fees and money collected pursuant to the
provisions of chapters 552, 555 and 587 of
NRS.
(b) Laboratory fees collected for the diagnosis of
infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuant to the
provisions of chapter 552 of NRS.
(c) Laboratory fees collected for the diagnosis
of infectious, contagious and destructive diseases of agricultural commodities,
and infestations thereof by pests, as authorized by NRS
561.305, and as may be necessary pursuant to the provisions of chapter 554 of NRS.
(d) Laboratory fees collected for the survey and
identification of insect pests, plant diseases and noxious weeds, as authorized
by NRS 561.305, and as may be necessary pursuant to
the provisions of NRS 555.005 to 555.249, inclusive.
(e) Laboratory fees collected for the testing of
the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuant to the
provisions of NRS 587.015 to 587.123, inclusive.
(f) Money received from a tax on the transfer of
real property imposed pursuant to NRS
375.026.
3. Expenditures for the Plant Industry
Program must be made only for the purposes of carrying out the provisions of
this chapter and chapters 552, 554, 555 and 587 of NRS.
4. The money credited to the Program
pursuant to NRS 375.026 must be
allocated for disbursement to each county in proportion to the amount of money
collected in that county and must only be used:
(a) By the Department for programs on the
exclusion, detection and control of:
(1) Invasive species; and
(2) Endemic pests and weeds designated by
the Director; and
(b) For grants to local governments and nonprofit
organizations for the control or management of such species, pests and weeds.
5. As used in this section:
(a) “Invasive species” means any living organism
not native to this State that may present a threat to the economy, environment
or public health of this State.
(b) “Local government” has the meaning ascribed
to it in NRS 237.050.
(Added to NRS by 1961, 502; A 1967, 315; 1969, 364;
1977, 232; 2001,
2154; 2003,
3492; 2005,
1525; 2009,
11)
NRS 561.375 Program for the Control of Pests and Plant Diseases:
Establishment; source and use of money.
1. The Program for the Control of Pests
and Plant Diseases is hereby established.
2. Money accepted by the Department under
the provisions of NRS 555.010 to 555.460, inclusive, from the Federal Government
or any federal department or agency, a county, a city, a public district or any
political subdivision of this State, a public or private corporation, or a
natural person, may be used in the Program for the Control of Pests and Plant
Diseases.
3. Expenditures for the Program for the
Control of Pests and Plant Diseases may be made only to carry out the
provisions of this chapter and chapters 552, 554, 555 and 587 of NRS.
(Added to NRS by 1961, 503; A 1977, 232; 1993, 1730; 1999, 3665; 2003, 541; 2013, 1322)
NRS 561.385 Agriculture Registration and Enforcement Account.
1. The Agriculture Registration and
Enforcement Account is hereby created in the State General Fund for the use of
the Department.
2. The following fees must be deposited in
the Agriculture Registration and Enforcement Account:
(a) Except as otherwise provided in NRS 586.270, fees collected pursuant to
the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected pursuant to the provisions of chapter 588 of NRS.
(c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of
pesticides as authorized by NRS 561.305, and as are
necessary pursuant to the provisions of NRS
555.2605 to 555.460, inclusive, and
586.010 to 586.450, inclusive.
(e) Laboratory fees collected for the analysis
and testing of commercial fertilizers and agricultural minerals, as authorized
by NRS 561.305, and as are necessary pursuant to
the provisions of chapter 588 of NRS.
(f) Laboratory fees collected for the analysis
and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuant to the
provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis
and testing of antifreeze, as authorized by NRS 561.305,
and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the Agriculture
Registration and Enforcement Account may be made to carry out the provisions of
this chapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588
and 590 of NRS or for any other purpose
authorized by the Legislature.
(Added to NRS by 1961, 503; A 1971, 451, 1258; 1975,
597; 1983, 402; 1991,
1790; 1993,
1730; 1999,
3665; 2003,
414, 617;
2005, 662; 2010, 26th
Special Session, 23)
NRS 561.405 Rural Rehabilitation Fund. The
Rural Rehabilitation Fund is hereby created as a special revenue fund in the
State Treasury for the use of the Department in carrying out the provisions of NRS 561.425 to 561.465,
inclusive.
(Added to NRS by 1961, 504; A 1993, 1731; 1997, 126; 1999, 3666)
NRS 561.407 Account for the Promotion of Beef.
1. The Account for the Promotion of Beef
is hereby created in the State General Fund.
2. The interest and income earned on the
money in the Account for the Promotion of Beef, after deducting any applicable
charges, must be credited to the Account.
(Added to NRS by 1969, 771; A 1979, 118; 1981, 1013;
1983, 402, 1903, 1904; 1985, 745; 1987, 148; 1989, 316; 1991, 1791)
NRS 561.409 Alfalfa Seed Research and Promotion Account.
1. The Alfalfa Seed Research and Promotion
Account is hereby created in the State General Fund. The proceeds of the
special assessment levied pursuant to NRS
587.155 must be credited to the Alfalfa Seed Research and Promotion Account
and all refunds made pursuant to NRS 587.155
must be paid from the Alfalfa Seed Research and Promotion Account.
2. Expenditures from the Alfalfa Seed
Research and Promotion Account may be made only for:
(a) Alfalfa seed research and marketing promotion
programs;
(b) Administrative, per diem and travel expenses
of the Alfalfa Seed Advisory Board; and
(c) Reimbursement to the Department for
administrative expenses of the Department, not to exceed 5 percent of the
assessments collected.
(Added to NRS by 1975, 494; A 1977, 45; 1983, 402; 1991, 1791; 1993, 1731; 1999, 3666)
NRS 561.411 Account for License Plates for the Promotion of Agriculture Within
This State.
1. The Account for License Plates for the
Promotion of Agriculture Within This State is hereby created in the State
General Fund. The Director shall administer the Account.
2. The money in the Account does not lapse
to the State General Fund at the end of a fiscal year. The interest and income
earned on the money in the Account, after deducting any applicable charges,
must be credited to the Account.
3. The money in the Account must be used
only for the promotion of agriculture within this State and must not be used to
replace or supplant money available from other sources. The Director may
provide grants from the Account to other public agencies and nonprofit
organizations to carry out the provisions of this section.
(Added to NRS by 1999, 1168; A 2009, 352)
NRS 561.412 Separate account for certain fees.
1. In addition to the inspection fees and
other money transferred pursuant to NRS
590.120, all fees and other money collected pursuant to the provisions of NRS 581.001 to 581.395, inclusive, and 582.001 to 582.210, inclusive, must be deposited in
the State Treasury and credited to a separate account in the State General Fund
for the use of the Department.
2. Expenditures from the account must be
made only for carrying out the provisions of this chapter and chapters 581 and 582
of NRS and NRS 590.010 to 590.330, inclusive.
3. Money in the account does not lapse to
the State General Fund at the end of a fiscal year. The interest and income
earned on the money in the account, after deducting any applicable charges,
must be credited to the account.
(Added to NRS by 2005, 1525)
NRS 561.415 Legislative appropriations; payment of claims.
1. Money to carry out the provisions of
this chapter and to support the Department and the programs administered by it,
may be provided by direct legislative appropriation from the General Fund.
2. All money in any fund in the State
Treasury available to the Department must be paid out on claims approved by the
Director as other claims against the State are paid.
3. All money in the Revolving Account for
Agriculture Working Capital must be paid out by checks signed by the Director
and by a deputy, or by two deputies designated by the Director for that
purpose.
(Added to NRS by 1961, 504; A 1983, 403; 1993, 1731; 1999, 3666)
NRS 561.421 Remittance of money collected on behalf of Department in remote
areas of State. Any field agent,
inspector, or other officer or employee of the Department, who collects
currency in payment of any taxes, assessments, proceeds of sale, fees or other
charges imposed pursuant to the provisions of this Title in an area of the
State so remote that the currency can only be transmitted to the Department by
mail, may mail a check in lieu of the amount collected in currency.
(Added to NRS by 1989, 955; A 1993, 1731; 1999, 3666)
NRS 561.423 Garlic and Onion Research and Promotion Account.
1. The Garlic and Onion Research and
Promotion Account is hereby created in the State General Fund. The proceeds of
the special assessment levied pursuant to NRS
556.070 must be credited to the Account.
2. Expenditures from the Account may be
made only for:
(a) Garlic and onion research programs and
marketing-promotion programs;
(b) Administrative, per diem and travel expenses
of the Garlic and Onion Growers’ Advisory Board; and
(c) Reimbursement to the Department for
administrative expenses of the Department, not to exceed 5 percent of the
assessments collected.
(Added to NRS by 1995, 1599; A 1999, 3667; 2003, 582)
LIQUIDATION OF RURAL REHABILITATION TRUST
NRS 561.425 Application for and receipt of trust assets by Department. The Department may act as the agency of and on
behalf of and for the State of Nevada to make application to and to receive
from the Secretary of Agriculture of the United States, or any other federal
officer properly authorized by the Federal Government and pursuant and subject
to the provisions of that certain Act of Congress, approved May 3, 1950,
entitled “An Act to provide for the liquidation of the trust under the transfer
agreements with the state rural rehabilitation corporations, and for other
purposes,” being c. 152, 64 Stat. 98, 40 U.S.C. §§ 440 to 444, inclusive, the
trust assets, either money or property, held by the United States as trustee
for and in behalf of the defunct Nevada rural rehabilitation corporation.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)
NRS 561.435 Agreements with federal Secretary of Agriculture for use of
trust assets to carry out purposes of Bankhead-Jones Farm Tenant Act. The Department may:
1. Enter into agreements with the
Secretary of Agriculture of the United States pursuant to section 2(f) of c.
152, 64 Stat. 98, 40 U.S.C. § 440(f), upon such terms and conditions and for
such periods as may be mutually agreeable, authorizing the Secretary of
Agriculture of the United States to accept, administer, expend and use in the
State of Nevada all or any part of those trust assets or any other money of the
State of Nevada which may be appropriated for such uses for carrying out the
purposes of the applicable provisions of the Bankhead-Jones Farm Tenant Act,
being 7 U.S.C. §§ 1000 to 1031, inclusive, as it is now or hereafter may be
amended.
2. Do anything necessary to carry out the
purposes of those agreements.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)
NRS 561.445 Use of money by Department if not administered by federal
Secretary of Agriculture.
1. Notwithstanding any other provisions of
law, the money and proceeds of the trust assets which are not authorized to be
administered by the Secretary of Agriculture of the United States under the
provisions of NRS 561.435 must be received by the
Department and by it forthwith deposited with the State Treasurer.
2. Such money is hereby appropriated and
may be expended or obligated by the Department for the purposes of NRS 561.435 or for use by the Department for such of
the rural rehabilitation purposes permissible under the charter of the now
defunct Nevada Rural Rehabilitation Corporation as may from time to time be
agreed upon by the Department and the Secretary of Agriculture of the United
States, subject to the applicable provisions of c. 152, 64 Stat. 98, 40 U.S.C.
§§ 440 to 444, inclusive, and the applicable provisions of the Bankhead-Jones
Farm Tenant Act.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)
NRS 561.455 Powers of Department.
1. The Department may:
(a) Collect, compromise, adjust or cancel claims
and obligations arising out of or administered under the provisions of NRS 561.425 to 561.465,
inclusive, or under any mortgage, lease, contract or agreement entered into or
administered pursuant to NRS 561.425 to 561.465, inclusive, and, if in its judgment necessary
and advisable, pursue the claims and obligations to final collection in any
court having jurisdiction.
(b) Bid for and purchase at any execution,
foreclosure or other sale, or otherwise acquire property upon which the
Department has a lien because of a judgment or execution, or which is pledged,
mortgaged, conveyed or which otherwise secures any loan or other indebtedness
owing to or acquired by the Department pursuant to NRS
561.425 to 561.465, inclusive.
(c) Accept title to any property so purchased or
acquired for and on behalf of the State and may operate or lease the property
for such period as may be deemed necessary to protect the investment therein,
and may sell or otherwise dispose of the property in a manner consistent with
the provisions of NRS 561.425 to 561.465, inclusive.
2. The authority contained in this section
may be delegated to the Secretary of Agriculture of the United States with
respect to money or assets authorized to be administered and used by the
Secretary under agreements entered into pursuant to NRS
561.435.
(Added to NRS by 1961, 506; A 1993, 1732; 1999, 3668)
NRS 561.465 United States and federal Secretary of Agriculture exempt from
liability. The United States, and
the Secretary of Agriculture thereof, must be held free from liability as a
result of the transfer of the assets to the Department pursuant to NRS 561.425 to 561.465,
inclusive.
(Added to NRS by 1961, 506; A 1993, 1733; 1999, 3668)
DONATED COMMODITIES AND SUPPLEMENTAL FOOD PROGRAM
NRS 561.485 Donated Commodities Account.
1. The Donated Commodities Account is
hereby created in the State General Fund for the use of the Director in
acquiring commodities donated by the Federal Government and its agencies and to
purchase and distribute nutritious food in accordance with NRS 561.495.
2. Except as otherwise provided in NRS 561.489, if a tax-supported or nonprofit school or
other health or educational institution receives a donated commodity secured
through the Department, the Director shall charge the school or institution a
fee in an amount sufficient to repay part or all of the cost of transportation
and other costs incurred in acquiring the commodity.
3. All money received by the Director
pursuant to this section must be deposited in the State Treasury for credit to
the Donated Commodities Account. The interest and income earned on the money in
the Account must be credited to the Account.
4. Costs of freight, storage, handling
charges and other administrative expenses, including compensation of Department
personnel, incidental to the acquisition of the donated commodities and the
administration of the Supplemental Food Program may be paid from the Donated
Commodities Account.
(Added to NRS by 2013, 2494)
NRS 561.489 Donation of certain commodities to certain organizations created
for religious, charitable or educational purposes. The
Director may donate commodities that he or she determines have reached the end
of their useful lives to any organization described in NRS 372.3261.
(Added to NRS by 2013, 2495)
NRS 561.495 Supplemental Food Program: Establishment; purpose; gifts, grants
and donations; operations; purchases and distribution.
1. The Director shall establish a
Supplemental Food Program to supplement the supply of food and the services
provided by programs which provide food to indigent persons, including, without
limitation, a food bank, emergency food pantry, soup kitchen and homeless
shelter.
2. The Director may solicit and accept any
gift, grant or donation for the Program. Upon receipt of any gift, grant or
donation of money, the amount received must be deposited in the Donated
Commodities Account created by NRS 561.485. Gifts,
grants or donations deposited in the Account must be used in the same manner as
other money in the Account.
3. The Director may maintain and operate
central supply services at any center, including a central warehouse or
storeroom service.
4. In carrying out the Program, the
Director shall purchase and distribute nutritious food to persons in this State
who cannot afford to purchase that food. Except as otherwise provided in
subsection 2 of NRS 561.485, the money in the
Account must be used in the following proportions:
(a) Not less than 95 percent must be used to
purchase and distribute nutritious foods which are infrequently donated or
which will supplement the food which is donated, including, but not limited to,
peanut butter, tuna fish, fruit, vegetables, dry milk and stew; and
(b) Any remainder may be used to provide
educational information regarding nutrition and the purchase and preparation of
food.
(Added to NRS by 2013, 2495)