Nrs: Chapter 554 - Quarantines Of Agricultural Commodities

Link to law: https://www.leg.state.nv.us/NRS/NRS-554.html
Published: 2015

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[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)