Nrs: Chapter 561 - State Department Of Agriculture

Link to law: https://www.leg.state.nv.us/NRS/NRS-561.html
Published: 2015

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[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)