[Rev. 11/21/2013 12:23:33
PM--2013]
CHAPTER 556 - GARLIC AND ONIONS
NRS 556.010 Definitions.
NRS 556.020 Garlic
and Onion Growers’ Advisory Board: Creation; membership.
NRS 556.030 Garlic
and Onion Growers’ Advisory Board: Service of members without pay.
NRS 556.040 Garlic
and Onion Growers’ Advisory Board: Powers.
NRS 556.050 Garlic
and Onion Growers’ Advisory Board: Deposit of gifts or grants of money.
NRS 556.060 Powers
of State Board of Agriculture; money to carry out chapter.
NRS 556.070 Assessments:
Imposition and collection; deposit of proceeds.
NRS 556.080 Assessments:
Payment.
NRS 556.090 Assessments:
Civil penalty.
NRS 556.100 Assessments:
Nature of debt; civil action for recovery.
NRS 556.110 Criminal
penalty.
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NRS 556.010 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Advisory Board” means the Garlic and
Onion Growers’ Advisory Board.
2. “Department” means the State Department
of Agriculture.
3. “Grower” means any landowner personally
engaged in growing garlic or onions, or a landowner and the landowner’s tenant
jointly, and includes a natural person, partnership, association, corporation,
cooperative organization, trust, sharecropper and all other business units,
devises or arrangements that grow garlic or onions.
(Added to NRS by 1995, 1597; A 1999, 3654)
NRS 556.020 Garlic and Onion Growers’ Advisory Board: Creation; membership.
1. The Garlic and Onion Growers’ Advisory
Board, consisting of five members, is hereby created.
2. Two members of the Advisory Board must
be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Garlic growers actively engaged in the
growing and producing of garlic in the State of Nevada who derive a substantial
portion of their annual income from growing garlic.
3. Two members of the Advisory Board must
be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Onion growers actively engaged in the growing
and producing of onions in the State of Nevada who derive a substantial portion
of their annual income from growing onions.
4. One member of the Advisory Board must
be a citizen of the United States and be:
(a) Actively engaged in the industry of
processing garlic or onions;
(b) A member of an association which represents
the interests of persons actively engaged in the industry of processing garlic
or onions; or
(c) Actively engaged in the research of garlic or
onions.
(Added to NRS by 1995, 1598; A 2003, 581)
NRS 556.030 Garlic and Onion Growers’ Advisory Board: Service of members
without pay. The members of the
Advisory Board serve without pay.
(Added to NRS by 1995, 1598)
NRS 556.040 Garlic and Onion Growers’ Advisory Board: Powers. The Advisory Board may:
1. Elect a Chair and such other officers
from its members as it deems advisable.
2. Prepare a budget covering anticipated
income and expenses for utilization of the money deposited to the Garlic and Onion
Research and Promotion Account.
3. Adopt procedures for filing with the
Advisory Board any proposed garlic or onion research project or
market-promotion project.
4. Prepare and present to the State Board
of Agriculture a program for research in the production, harvesting,
processing, distribution and market promotion of garlic and onions. The program
must contain a recommendation of a natural person or agency to conduct or
manage each project, the time period for each project and the budget allocation
for the project.
5. Adopt regulations establishing the
conditions, if any, under which a member of the Advisory Board is entitled to
claim a per diem allowance.
(Added to NRS by 1995, 1598)
NRS 556.050 Garlic and Onion Growers’ Advisory Board: Deposit of gifts or
grants of money. All gifts or
grants of money which the Advisory Board is authorized to accept must be
deposited with the State Treasurer for credit to the Garlic and Onion Research
and Promotion Account.
(Added to NRS by 1995, 1599)
NRS 556.060 Powers of State Board of Agriculture; money to carry out
chapter.
1. The State Board of Agriculture may:
(a) Appoint the members of the Advisory Board,
fix their terms of office and fill all vacancies.
(b) Establish procedures for the Nevada garlic and
onion industry to recommend persons for appointment to the Advisory Board.
(c) Administer, enforce and control the
collection of assessments levied for the Garlic and Onion Research and
Promotion Account.
(d) Authorize payments from the Garlic and Onion
Research and Promotion Account upon the recommendation of the Advisory Board.
(e) Contract with natural persons or agencies for
the conduct or management of research projects and market-promotion projects.
(f) Adopt regulations to carry out the provisions
of this chapter.
2. Money from the State General Fund may
not be utilized by the State Board of Agriculture in carrying out the
provisions of this chapter. Expenditures for those purposes may be made only
from the Garlic and Onion Research and Promotion Account created by NRS 561.423, and are subject to the
limitations stated in that section.
(Added to NRS by 1995, 1598)
NRS 556.070 Assessments: Imposition and collection; deposit of proceeds. The Department shall, on or before August 1 of
each year, fix an annual special assessment not to exceed $10 per acre to be
levied upon all garlic and onions grown and harvested in this State for
commercial use. The Department shall collect the assessment and transmit the
proceeds to the State Treasurer for credit to the Garlic and Onion Research and
Promotion Account.
(Added to NRS by 1995, 1599; A 1999, 3654; 2003, 581)
NRS 556.080 Assessments: Payment. All
assessments levied pursuant to the provisions of NRS
556.070 must be:
1. Paid to the Department by the grower of
garlic or onions; and
2. Paid by December 1 of each year for the
garlic or onions harvested within the 12 months immediately preceding that
date.
(Added to NRS by 1995, 1599; A 1999, 3654; 2003, 582)
NRS 556.090 Assessments: Civil penalty. Any
grower who fails to pay any assessment pursuant to NRS
556.070 by December 1 of each year as required by NRS
556.080 forfeits to the Department a penalty of 5 percent of the amount of
the assessment due and 1 percent of the assessment due for each month of delay
or fraction thereof after December 31 of the year that the assessment became
due. The Department, if satisfied the delay was excusable, may remit any part
of the penalty. The penalty must be paid to the Department and deposited for
credit to the Garlic and Onion Research and Promotion Account.
(Added to NRS by 1995, 1599; A 1999, 3655; 2003, 582)
NRS 556.100 Assessments: Nature of debt; civil action for recovery. Any assessment levied constitutes a personal
debt of the person so assessed. If a person fails to pay an assessment,
including all penalties, the Department may, at any time within 3 years after
the date of delinquency, maintain a civil action against the person to recover
the amount of the delinquent assessment and penalties.
(Added to NRS by 1995, 1599; A 1999, 3655)
NRS 556.110 Criminal penalty. A
person who violates any of the provisions of this chapter is guilty of a
misdemeanor.
(Added to NRS by 1995, 1599)
