[Rev. 11/21/2013 12:22:53
PM--2013]
CHAPTER 554 - QUARANTINES OF AGRICULTURAL
COMMODITIES
GENERAL PROVISIONS
NRS 554.010 Definitions.
NRS 554.011 “Agricultural
commodity” defined.
NRS 554.012 “Exportation”
defined.
NRS 554.013 “Farm”
defined.
NRS 554.014 “Importation”
defined.
NRS 554.015 “Noxious
weed” defined.
NRS 554.016 “Vertebrate
pest” defined.
INTERSTATE QUARANTINE
NRS 554.020 State
Quarantine Officer’s power to proclaim and enforce quarantine; quarantine
effective until vacation order.
NRS 554.030 Permissible
provisions; amendments.
NRS 554.040 Certified
copies of quarantine to be delivered to certain officers.
NRS 554.050 Administration;
cooperation with state and federal officers.
NRS 554.060 Destruction,
treatment or shipment out of State of agricultural commodity imported or
transported through State in violation of quarantine.
NRS 554.070 Unlawful
importation or transportation in violation of quarantine.
NRS 554.080 Criminal
proceedings: Proof of disease or exposure to disease.
NRS 554.085 Civil
penalties.
NRS 554.090 Criminal
penalties.
INTRASTATE QUARANTINE
NRS 554.110 State
Quarantine Officer’s power to proclaim and enforce quarantine.
NRS 554.120 Investigation;
proclamation; effective until vacated.
NRS 554.130 Certified
copies of quarantine to be delivered to certain persons; publication of
proclamation.
NRS 554.140 Administration
by State Quarantine Officer; enforcement by peace officers.
NRS 554.150 Cooperation
with federal authorities.
NRS 554.160 Powers
of State Quarantine Officer.
NRS 554.170 Fumigation,
disinfection, treatment or destruction of agricultural commodities.
NRS 554.180 Procedure
for indemnification for loss by destruction.
NRS 554.190 Costs
of fumigation, disinfection or treatment.
NRS 554.200 Appointment
of deputy state quarantine officers; attachments against inspected agricultural
commodities.
NRS 554.210 Employment
of deputy state quarantine officers by counties.
NRS 554.220 Civil
liability of carriers transporting quarantined agricultural commodities;
limitation of actions.
NRS 554.230 Criminal
proceedings: Proof of disease, exposure to disease or infestation.
NRS 554.240 Penalty.
_________
_________
GENERAL PROVISIONS
NRS 554.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 554.011 to 554.016, inclusive, have the meanings ascribed to them
in those sections.
[Part 2:99:1927; NCL § 427]—(NRS A 1961, 515; 2001, 696)
NRS 554.011 “Agricultural commodity” defined. “Agricultural
commodity” means any bee, agricultural or horticultural crop, seed, plant, tree
or shrub, or any manufactured product thereof, or other product of the soil, or
any article except livestock.
(Added to NRS by 2001, 696)
NRS 554.012 “Exportation” defined. “Exportation”
means the transportation of any agricultural commodity by any railroad, express
company or other common carrier, or by any person as baggage or by vehicle or
automobile, or the permitting to run at large of the agricultural commodity.
(Added to NRS by 2001, 696)
NRS 554.013 “Farm” defined. “Farm”
includes any farm, stock range, stockyard, dairy, lot and other premises not
otherwise enumerated.
(Added to NRS by 2001, 696)
NRS 554.014 “Importation” defined. “Importation”
means the transportation or movement of any agricultural commodity into this
State by any railroad, express company, truckline or other common carrier, or
by any person by vehicle, automobile or otherwise.
(Added to NRS by 2001, 696)
NRS 554.015 “Noxious weed” defined. “Noxious
weed” has the meaning ascribed to it in NRS
555.005.
(Added to NRS by 2001, 696)
NRS 554.016 “Vertebrate pest” defined. “Vertebrate
pest” has the meaning ascribed to it in NRS
555.005.
(Added to NRS by 2001, 696)
INTERSTATE QUARANTINE
NRS 554.020 State Quarantine Officer’s power to proclaim and enforce
quarantine; quarantine effective until vacation order.
1. The State Quarantine Officer may
proclaim and enforce a quarantine against any state, territory or district, or
any portion of any state, territory or district, relating to the importation
into or transportation through this State of any agricultural commodity,
burlap, container or other packing material that:
(a) Is infected with, or which may have been
exposed to infection with, any contagious or destructive disease, or infested
with or exposed to infestation with a parasite, noxious weed, weed seed,
propagating part of a plant, or vertebrate or invertebrate pest, or the eggs or
larvae thereof; and
(b) Is dangerous to:
(1) The public health or quality of any
water in this State; or
(2) Any wildlife, beneficial use of land
in or industry of this State.
2. A quarantine must not be issued
pursuant to the provisions of NRS 554.020 to 554.090, inclusive, if the issuance of the quarantine
will conflict with the provisions of the Constitution of the United States or
any act of the Congress of the United States.
3. The quarantine remains effective until
vacated by an order of the State Quarantine Officer.
[1:99:1927; NCL § 426]—(NRS A 1957, 183; 1961, 516; 2001, 696)
NRS 554.030 Permissible provisions; amendments.
1. Any quarantine issued under the
provisions of NRS 554.020 to 554.090,
inclusive, may:
(a) Consist of a complete embargo against the
importation into or transportation through the State of any agricultural
commodity so quarantined against; or
(b) Provide for the importation into or transportation
through the State of such agricultural commodity under such rules and
regulations as may be set forth and prescribed in the quarantine at the time
the same is issued.
2. Any quarantine issued under the
provisions of NRS 554.020 to 554.090,
inclusive, shall remain fully in force and effect until dissolved or modified
by the State Quarantine Officer, provided:
(a) That the State Quarantine Officer may amend
from time to time any quarantine so issued; and
(b) That any such amendments shall be general in
their application and shall not apply to any individual shipment or
importation.
[3:99:1927; NCL § 428]—(NRS A 1961, 516)
NRS 554.040 Certified copies of quarantine to be delivered to certain
officers. When a quarantine is
declared as provided in NRS 554.020 to 554.090, inclusive, against the importation into or
transportation through this State of any agricultural commodity from any other
state, territory or district, or any portion or portions thereof, a certified
copy of such quarantine shall be personally delivered by the State Quarantine
Officer or the State Quarantine Officer’s representative, or mailed by
certified or registered mail, to each of the following:
1. The governor or the proper quarantine
official of such state, territory or district.
2. The United States quarantine official
having jurisdiction over the same character of quarantine.
3. The state agent or other qualified
official of any interstate railroad, express company or other common carrier
doing business within this State.
[4:99:1927; NCL § 429]—(NRS A 1961, 516)
NRS 554.050 Administration; cooperation with state and federal officers.
1. The State Quarantine Officer is
designated the authority to administer NRS 554.020
to 554.090, inclusive.
2. Insofar as practicable, the State
Quarantine Officer, in carrying out the provisions of NRS
554.020 to 554.090, inclusive, shall cooperate
with the federal authorities and the quarantine officials of the several
states, territories and districts.
[5:99:1927; NCL § 430] + [8:99:1927; NCL § 433]—(NRS
A 1961, 517)
NRS 554.060 Destruction, treatment or shipment out of State of agricultural
commodity imported or transported through State in violation of quarantine.
1. Any agricultural commodity imported
into or being transported through this State in violation of any quarantine
issued pursuant to the provisions of NRS 554.020 to
554.090, inclusive, must be immediately seized by
the State Quarantine Officer or the State Quarantine Officer’s authorized
representative and treated in a manner approved by the State Quarantine
Officer, or destroyed or sent out of the State within 48 hours, at the option
and expense of the owner thereof.
2. If an agricultural commodity is seized
by the State Quarantine Officer pursuant to the provisions of subsection 1 and
the movement of the agricultural commodity to a point outside of the State
would further endanger:
(a) The public health or quality of any water in
this State; or
(b) Any wildlife, beneficial use of land in or
industry of this State,
Ê the
agricultural commodity seized by the State Quarantine Officer must be destroyed
as provided in subsection 1.
[Part 6:99:1927; NCL § 431]—(NRS A 1961, 517; 2001, 697)
NRS 554.070 Unlawful importation or transportation in violation of
quarantine. It shall be unlawful for
any railroad, express company or other common carrier, or any person or
persons, to import into or transport through the State of Nevada any
agricultural commodity in violation of the provisions of NRS
554.020 to 554.090, inclusive, or to make
delivery of any such commodity to any person or persons within the limits of
this State.
[Part 6:99:1927; NCL § 431]
NRS 554.080 Criminal proceedings: Proof of disease or exposure to disease. In any criminal proceeding arising under NRS 554.020 to 554.090,
inclusive, proof that any commodity, prohibited by proclamation of quarantine
from importation into or transportation through this State, was imported into
or transported through this State in violation of such quarantine shall be
deemed proof within the meaning of NRS 554.020 to 554.090, inclusive, that the same was diseased,
exposed to disease or infested, or exposed to infestation.
[Part 2:99:1927; NCL § 427]
NRS 554.085 Civil penalties.
1. In addition to any criminal penalty
that may be imposed pursuant to NRS 554.090, any
corporation, common carrier, agent or employee of any corporation, or any other
person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090,
inclusive, or any regulation adopted pursuant thereto, is liable for a civil
penalty for each violation not to exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
2. If a defendant is convicted of
violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant
thereto, the court shall order the defendant to pay a civil penalty pursuant to
subsection 1. The court shall fix the manner and time of payment.
3. All penalties collected pursuant to
this section must be deposited with the State Treasurer for credit to the State
General Fund.
(Added to NRS by 1997, 81; A 2003, 531)
NRS 554.090 Criminal penalties. Any
corporation, common carrier, agent or employee of any corporation, or any other
person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090,
inclusive, is guilty of a gross misdemeanor and shall be punished by
imprisonment in the county jail for not more than 364 days, or by a fine of not
more than $5,000, or by both fine and imprisonment. The prosecuting attorney
and the State Department of Agriculture may recover the costs of the
proceeding, including investigative costs, against a person convicted of a
gross misdemeanor pursuant to this section.
[7:99:1927; NCL § 432]—(NRS A 1967, 611; 1997, 82; 2013, 989)
INTRASTATE QUARANTINE
NRS 554.110 State Quarantine Officer’s power to proclaim and enforce
quarantine. The State Quarantine
Officer may proclaim and enforce a quarantine against any county or portion of
any county, farm, nursery or apiary within this State, relating to the
exportation from the county, farm, nursery or apiary to any other portion of
the State, of any agricultural commodity that:
1. Is infected with, or which may have
been exposed to, an infectious, contagious or destructive disease or infested
with a parasite, noxious weed, weed seed, propagating part of a plant, or
vertebrate or invertebrate pest, or the eggs or larvae thereof; and
2. Is dangerous to:
(a) The public health or quality of any water in
this State; or
(b) Any wildlife, beneficial use of land in or
industry of this State.
[Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A
1961, 517; 2001,
697)
NRS 554.120 Investigation; proclamation; effective until vacated.
1. If it appears to the State Quarantine
Officer that:
(a) The public health or quality of any water in
this State; or
(b) Any wildlife, beneficial use of land in or
industry of this State,
Ê is
endangered by exportations of any agricultural commodity to any portion of the
State from any county, portion of any county, farm, nursery or apiary within
the State, the State Quarantine Officer shall immediately take steps to
ascertain the facts thereof.
2. If in the opinion of the State
Quarantine Officer the facts so warrant, the State Quarantine Officer shall by
proclamation declare that county, or portion of that county, farm, nursery or
apiary quarantined from exportations of any such agricultural commodity to any
other portion of the State.
3. The quarantine remains effective until
vacated by an order of the State Quarantine Officer.
[Part 2:280:1913; A 1915, 332; 1919 RL p. 2626; NCL §
437]—(NRS A 1961, 518; 2001, 698)
NRS 554.130 Certified copies of quarantine to be delivered to certain
persons; publication of proclamation.
1. When quarantine is declared against any
county, or portion of any county, farm, nursery or apiary within the state,
forbidding exportations therefrom of any commodity, a certified copy of the
proclamation shall be mailed by registered mail to each of the following:
(a) The sheriff.
(b) The chair of the board of county
commissioners.
(c) The county clerk.
2. If a single farm, nursery or apiary is
quarantined, a certified copy of the proclamation shall be mailed by registered
or certified mail to the owner or resident manager thereof.
3. The State Quarantine Officer may, in
his or her discretion, as notice to all concerned, cause a copy of such
proclamation to be published in some newspaper of general circulation published
within the county, once a week for 4 consecutive weeks, unless the quarantine
is sooner raised.
[5:280:1913; 1919 RL p. 2626; NCL § 439]—(NRS A 1961,
518; 1969, 95)
NRS 554.140 Administration by State Quarantine Officer; enforcement by peace
officers.
1. The State Quarantine Officer is
responsible for carrying out the provisions of NRS
554.110 to 554.240, inclusive.
2. The sheriff and all peace officers of
any county, if called upon by the State Quarantine Officer, shall aid and
assist the State Quarantine Officer in the enforcement of a quarantine and in
the arrest of any person accused of violating the quarantine. The district
attorney of any county in which any person is charged with a misdemeanor
pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall prosecute the misdemeanor.
[9:280:1913; 1919 RL p. 2628; NCL § 443] + [Part
15:280:1913; added 1915, 332; A 1927, 216; NCL § 445]—(NRS A 1961, 518; 1967,
178; 2001, 698)
NRS 554.150 Cooperation with federal authorities. Insofar
as practicable, the State Quarantine Officer, in directing the enforcement of
quarantine, shall cooperate with federal authorities.
[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL §
441]—(NRS A 1961, 518)
NRS 554.160 Powers of State Quarantine Officer.
1. The State Quarantine Officer may:
(a) Exercise all necessary authority required for
the proper and efficient enforcement of a quarantine.
(b) Make arrests of persons violating a
quarantine, or suspected of such a violation.
(c) Examine any premises or any shipment or
consignment suspected of containing a quarantined agricultural commodity within
the meaning of NRS 554.110 to 554.240, inclusive, and may open any container thereof
and inspect the contents of the container.
2. If such a shipment or consignment
proves to be a quarantined agricultural commodity, the State Quarantine Officer
may require any railroad, express company or other common carrier immediately
to reship the consignment back to the point of origin, if the consignment has
not yet been delivered to the consignee. The failure or refusal of any railroad
company, express company or other common carrier promptly to do so renders the
company or carrier so offending liable for a fine of not more than $5,000,
which fine may be collected by proceedings instituted by the State and prosecuted
by the Attorney General in any court of competent jurisdiction. Any property of
the defendant within the State may be levied on and sold in satisfaction of the
judgment.
[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL §
441]—(NRS A 1961, 518; 1967, 612; 2001, 698)
NRS 554.170 Fumigation, disinfection, treatment or destruction of
agricultural commodities. If, in
the opinion of the State Quarantine Officer, any agricultural commodity
forbidden to be exported by any proclamation of a quarantine is endangering:
1. The public health or quality of any
water in this State; or
2. Any wildlife, beneficial use of land in
or industry of this State,
Ê the
agricultural commodity may be fumigated, disinfected, treated or destroyed by
the State Quarantine Officer.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A
1961, 519; 2001,
699)
NRS 554.180 Procedure for indemnification for loss by destruction.
1. Any property ordered to be destroyed,
if acquired by the owner and the same came into the owner’s possession prior to
the date of the proclamation of quarantine, before being destroyed shall be
appraised as to its value by two disinterested appraisers, one to be appointed
by the owner, or if the owner is absent, by the owner’s agent, manager or
foreman, and one by the State Quarantine Officer. If the two so chosen cannot
agree, they shall name a third appraiser. If they are unable to agree upon a
third appraiser, the State Quarantine Officer may name some disinterested
person to name a third appraiser.
2. Two of the three persons so named as
appraisers agreeing upon the valuation of the property destroyed, the valuation
shall be final.
3. The valuation so appraised shall be
divided into three equal parts, one part of which the owner shall lose. One
part shall be paid to the owner by the county wherein the property is situated
by order of the board of county commissioners from the county general fund upon
receipt of a certified copy of the appraisement. Payment from the county general
fund shall be in the same manner as payment of other bills against the county
is made. One part shall be paid to the owner by the Department upon receipt of
a certified copy of the appraisement attested by the State Quarantine Officer.
4. No property destroyed under the
provisions of NRS 554.170 and this section, if
acquired or the same came into the possession of the owner after the date of
the proclamation of quarantine, shall be subject to such part payment by the
county or by the Department.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A
1961, 519)
NRS 554.190 Costs of fumigation, disinfection or treatment.
1. All costs of fumigation, disinfection
or treatment ordered to be performed by the State Quarantine Officer shall be
borne by the owner of the agricultural commodity.
2. The owner or, in the owner’s absence,
the owner’s agent, manager or foreman, shall perform the fumigation,
disinfection or treatment promptly and exactly as instructed and not otherwise.
The refusal or neglect so to do shall be a misdemeanor.
3. In the case of refusal or neglect by
the owner, agent, manager or foreman to perform the fumigation, disinfection or
treatment as instructed, the State Quarantine Officer or any person deputized
by the State Quarantine Officer may enter upon the premises and perform the
fumigation, disinfection or treatment. All the costs thereof shall attach as a
lien against any property of the owner within the State. On the neglect or
refusal of the owner promptly to pay the same on presentation of an itemized
bill certified to by the State Quarantine Officer or the State Quarantine
Officer’s deputy, the district attorney of the county shall forthwith proceed
to levy an attachment against any property of the owner within the State for
the amount due plus the costs of legal proceedings, and shall proceed to
collect the same by foreclosure proceedings.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A
1961, 520; 1967, 612)
NRS 554.200 Appointment of deputy state quarantine officers; attachments
against inspected agricultural commodities.
1. Whenever the exportation of any
agricultural commodities is restricted by any quarantine proclamation or
regulation of the State of Nevada, or of any other state or territory, or of
the United States Government or any other authority empowered to issue such
quarantine or regulation, the State Quarantine Officer may appoint such
properly qualified deputies as may be necessary to inspect such commodities.
2. If exportation is not prohibited by law
or quarantine regulation, the deputy state quarantine officers may issue
certificates permitting the exportation of agricultural commodities.
3. If any such inspection is requested by
the owner, shipper or person in charge of any such agricultural commodity and
discontinued for any reason before its completion, an equitable proportion of
the total cost therefor, had the same been completed, shall immediately be
payable and collectible as provided in subsection 4.
4. On the neglect or refusal of the owner,
shipper or person in charge of any inspected agricultural commodity to pay the
charges prescribed in this section, on presentation of an itemized bill
covering the same, the district attorney of the county shall forthwith proceed
to levy an attachment against the agricultural commodity so inspected for the
amount due plus the costs of legal proceedings, and shall collect the same by
legal proceedings.
[16:280:1913; added 1923, 177; NCL § 446]—(NRS A
1961, 520)
NRS 554.210 Employment of deputy state quarantine officers by counties.
1. Whenever any county or portion of any
county is under quarantine by the State of Nevada, or any other state or
territory, or the United States Government, or any other authority empowered to
issue such quarantine, the board of county commissioners may employ for such
period as the board deems necessary upon a salary basis one or more deputy
state quarantine officers provided for in NRS 554.200.
No person shall be employed by any county in such a capacity who has not been
appointed a deputy state quarantine officer by the State Quarantine Officer.
The State Quarantine Officer shall have the authority to cancel the appointment
at any time, which cancellation shall automatically terminate such employment
by the county.
2. Whenever a deputy state quarantine
officer is employed by any county as provided in subsection 1, any inspection
fees set as provided in NRS 554.200 shall be
collected as therein provided and turned into the county treasury of the county
employing such deputy state quarantine officer.
[17:280:1913; added 1923, 177; NCL § 447]
NRS 554.220 Civil liability of carriers transporting quarantined
agricultural commodities; limitation of actions.
1. Any railroad company, express company
or other common carrier which shall carry, haul or transport from any county,
portion of any county, farm, nursery or apiary within the state, under
quarantine, to any other part of the state, any agricultural commodity
forbidden to be so exported shall be liable for any damages occurring by reason
of such exportation.
2. Such damages may be recovered by an
action against the railroad company, express company or common carrier brought
in any court of competent jurisdiction within 2 years after the date of such
offense or offenses, if more than one. Such action shall be instituted in the name
of the State, for and on behalf of the person, firm or corporation suffering
injury, and the Attorney General shall prosecute the same.
[Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A
1961, 521)
NRS 554.230 Criminal proceedings: Proof of disease, exposure to disease or
infestation. In any criminal
proceeding arising under NRS 554.110 to 554.240, inclusive, proof that any agricultural
commodity, forbidden by a proclamation of a quarantine from export, was
exported in violation of the quarantine shall be deemed proof, within the
meaning of NRS 554.110 to 554.240,
inclusive, that the agricultural commodity was diseased, exposed to disease or
infested.
[Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A
1961, 521; 2001,
699)
NRS 554.240 Penalty. Any
person, or any officer, agent or employee of any corporation, who shall export,
or who shall assist in exporting, as a principal or accessory, any agricultural
commodity forbidden to be exported by any proclamation of quarantine shall be
guilty of a misdemeanor.
[Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A
1961, 521; 1967, 612)
