[Rev. 11/21/2013 12:24:25
PM--2013]
CHAPTER 565 - INSPECTION OF BRANDS
NRS 565.010 Definitions.
NRS 565.030 Administration
and enforcement by Department.
NRS 565.040 Creation
of brand inspection districts; animals subject to inspection; adoption and
publication of regulations.
NRS 565.070 Fees
for brand inspection.
NRS 565.090 Removal
of animals from brand inspection district without clearance certificate or
permit unlawful; notice of contemplated movement; applicability of section;
penalty; regulations for permit to move livestock without brand inspection.
NRS 565.095 Transportation
of saddle horse without brand inspection or livestock movement permit.
NRS 565.100 Unlawful
to consign for slaughter, slaughter or transfer ownership within brand inspection
district without inspection and issuance of clearance certificate.
NRS 565.110 Assembly
of animals for brand inspection.
NRS 565.120 Brand
inspection clearance certificate: Issuance upon completion of inspection;
contents; disposition of copies of certificate.
NRS 565.125 Seizure
of privately owned animals by governmental entity; approval of seizure by
court; submission of order of court to Department.
NRS 565.130 Refusal
to issue certificate or permit: Grounds; duty of Department and inspector to
prevent unlawful removal of animals.
NRS 565.140 Inspector
to give notice to agricultural enforcement officer upon discovery of animals in
possession of another; contents of notice.
NRS 565.150 Seizure
and disposal of animals by inspector when legal ownership cannot be determined.
NRS 565.155 Enforcement
of chapter.
NRS 565.160 Right
of Department to inspect animals under other laws unaffected.
NRS 565.170 Penalties.
_________
NRS 565.010 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Animals” means:
(a) All cattle or animals of the bovine species
except dairy breed calves under the age of 1 month.
(b) All horses, mules, burros and asses or
animals of the equine species.
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in NRS 501.003.
2. “Brand inspection” means a careful
examination of each animal offered for such inspection and an examination of
any brands, marks or other characteristics thereon.
3. “Department” means the State Department
of Agriculture.
4. “Director” means the Director of the
Department.
[Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1989, 748; 1993, 433, 1739; 1995, 514; 1999, 3677)
NRS 565.030 Administration and enforcement by Department. The Department is designated as the authority
to administer, and carry out and enforce the provisions of, this chapter and
any regulations adopted pursuant thereto.
[Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1993, 1739; 1999, 3677)
NRS 565.040 Creation of brand inspection districts; animals subject to
inspection; adoption and publication of regulations.
1. The Director may declare any part of
this State a brand inspection district.
2. After the creation of any brand
inspection district as authorized by this chapter, all animals within any such
district are subject to brand inspection in accordance with the provisions of
this chapter before:
(a) Consignment for slaughter within any
district;
(b) Any transfer of ownership by sale or
otherwise; or
(c) Removal from the district if the removal is
not authorized pursuant to a livestock movement permit issued by the Department
or pursuant to NRS 565.095.
3. If a brand inspection district is
created by the Department pursuant to the provisions of this chapter, the
Director shall adopt regulations defining the boundaries of the district and
the fees to be collected for brand inspection and prescribing such other
methods of procedure not inconsistent with the provisions of this chapter as
the Director considers necessary.
4. Any regulations adopted pursuant to the
provisions of this section must be published at least twice in a newspaper
having a general circulation in the brand inspection district created by the
regulations, and copies of the regulations must be mailed to all common
carriers of record with the Nevada Transportation Authority operating in the
brand inspection district. Such publication and notification constitutes legal
notice of the creation of the brand inspection district. The expense of
advertising and notification must be paid from the Livestock Inspection
Account.
[2:145:1929; A 1956, 55]—(NRS A 1961, 540; 1991, 1793; 1993, 1740; 1997, 2013; 1999, 3677; 2011, 687)
NRS 565.070 Fees for brand inspection. The
Department may levy and collect a reasonable fee for brand inspection as
required under the provisions of this chapter. Any fee so levied must be
collected in the manner prescribed by the Director.
[8:145:1929; NCL § 3856]—(NRS A 1959, 417; 1961, 541;
1969, 138; 1993,
1740; 1999,
3678)
NRS 565.090 Removal of animals from brand inspection district without
clearance certificate or permit unlawful; notice of contemplated movement;
applicability of section; penalty; regulations for permit to move livestock
without brand inspection.
1. Except as otherwise provided in
subsections 3 and 6 and NRS 565.095, it is unlawful
for any person to drive or otherwise remove any animals out of a brand
inspection district created under the provisions of this chapter until the
animals have been inspected and a brand inspection clearance certificate is
issued by the Department or a written permit from the Department has been
issued authorizing the movement without brand inspection.
2. Any person contemplating the driving or
movement of any animals out of a brand inspection district shall notify the
Department or an inspector thereof of the person’s intention, stating:
(a) The place at which it is proposed to cross
the border of the brand inspection district with the animals.
(b) The number and kind of animals.
(c) The owner of the animals.
(d) The brands and marks of the animals claimed
by each owner and, if they are other than the brands and marks legally recorded
in the name of the owner, information concerning the basis for the claim of
ownership or legal possession.
(e) The date of the proposed movement across the
border of the brand inspection district and the destination of the movement.
(f) If a brand inspection is required, a
statement setting forth the place where the animals will be held for brand
inspection.
3. The provisions of this section do not
apply to animals whose accustomed range is on both sides of the boundary of any
brand inspection district but contiguous to that district and which are being
moved from one portion of the accustomed range to another merely for pasturing
and grazing thereon.
4. Except as otherwise provided in NRS 565.095, the provisions of this section apply at
all times to the movement of any animals across the Nevada state line to any
point outside of the State of Nevada, except animals whose accustomed range is
on both sides of the Nevada state line but contiguous thereto and which are
being moved from one portion to another of the accustomed range merely for
pasturing and grazing thereon.
5. In addition to the penalty imposed in NRS 565.170, a person who violates the provisions of
subsection 1 is:
(a) For the first violation, subject to an
immediate brand inspection of the animals by the Department and shall reimburse
the Department for its time and mileage and pay the usual fees for the brand
inspection.
(b) For the second and any subsequent violation,
ineligible for a permit to move any livestock without a brand inspection until
the State Board of Agriculture is satisfied that any future movement will
comply with all applicable statutes and regulations.
6. The Department may establish
regulations specifying the circumstances under which a permit may be issued
authorizing the movement of livestock without a brand inspection pursuant to
this section. The circumstances may include, without limitation, the routine
movement of horses and bulls within and from this State for the purpose of
participating in a rodeo.
[5:145:1929; NCL § 3853]—(NRS A 1961, 542; 1983,
1008; 1993,
1740; 1995,
876; 1999,
3678; 2011,
687)
NRS 565.095 Transportation of saddle horse without brand inspection or
livestock movement permit.
1. Any person who resides in a state which
does not require the use or inspection of a brand for a horse in that state may
transport a saddle horse owned by that person into and from this State without
a brand inspection or livestock movement permit issued by the Department. Any
saddle horse transported pursuant to this section must not remain in this State
for more than 15 days or any shorter period specified by the Department and
must not be transported into or from this State more than once during that
period. Upon request by the Department, a person who transports a saddle horse
pursuant to this section shall present to the Department a certificate of health
for the saddle horse and a bill of sale or other proof of ownership of the
saddle horse required by the Department.
2. As used in this section, “saddle horse”
means any horse which is ridden or otherwise used by a person while competing
or participating in a rodeo, horse show or other contest of skill in this State
other than a bucking event at that rodeo, horse show or contest of skill.
(Added to NRS by 2011, 687)
NRS 565.100 Unlawful to consign for slaughter, slaughter or transfer
ownership within brand inspection district without inspection and issuance of
clearance certificate. It is
unlawful for any person to consign for slaughter, or slaughter at an approved
plant, or transfer ownership of any animals by sale or otherwise within any
brand inspection district created under the provisions of this chapter, until
the animals have been inspected by an inspector of the Department and a brand
inspection clearance certificate issued covering the animals.
[5.1:145:1929; added 1956, 55]—(NRS A 1961, 543;
1971, 120; 1993,
1741; 1999,
3679)
NRS 565.110 Assembly of animals for brand inspection. Except as otherwise provided in NRS 565.090, a person intending to move, drive, ship
or transport by common carrier, or otherwise, any animals out of any brand
inspection district created under the provisions of this chapter shall assemble
and hold them at some convenient and adequate place for such brand inspection
as may be required until the animals have been inspected and released as
provided for in this chapter.
[6:145:1929; NCL § 3854]—(NRS A 1961, 543; 1993, 1741; 1995, 877)
NRS 565.120 Brand inspection clearance certificate: Issuance upon completion
of inspection; contents; disposition of copies of certificate.
1. Upon the completion of brand
inspection, the inspector of the Department shall, except as otherwise provided
in this chapter, issue a brand inspection clearance certificate on which must
be entered:
(a) The name and address of the person claiming
to own the animals.
(b) The proposed destination of the animals.
(c) The name and address of the consignee.
(d) A full description of all the animals
inspected, including the number, kind, sex, age, color and the brands or brands
and marks thereon.
(e) The amount of the inspection fee or fees
collected.
(f) The signature of the owner or the owner’s
authorized agent.
2. One copy of the brand inspection
certificate must be delivered to the common carrier undertaking to transport
the animals out of the brand inspection district for attachment to its waybill,
or to the person intending to drive, move or otherwise transport the animals
out of the brand inspection district other than by common carrier to accompany
the animals to destination, and one copy must be immediately forwarded to the
office of the Department.
[Part 7:145:1929; NCL § 3855]—(NRS A 1961, 543; 1993, 1741; 1999, 3679)
NRS 565.125 Seizure of privately owned animals by governmental entity;
approval of seizure by court; submission of order of court to Department.
1. Notwithstanding any provision of this
chapter to the contrary, if a governmental entity seizes any privately owned
animals subject to brand inspection pursuant to this chapter, the Department or
its authorized inspector shall not issue brand inspection clearance
certificates or permits to remove the animals from a brand inspection district
or for the transfer of ownership of the animals by sale or otherwise unless:
(a) Before the seizure, the governmental entity
obtains approval for the seizure from a court of competent jurisdiction; and
(b) The governmental entity submits a copy of the
order approving the seizure to the Department or its authorized inspector.
2. The provisions of this section do not
apply to:
(a) An estray, as defined in NRS 569.0075;
(b) Feral livestock, as defined in NRS 569.008;
(c) A wild horse or burro, as defined in 16
U.S.C. § 1332;
(d) An animal that is impounded or sold by the
Department pursuant to NRS 575.060; or
(e) An animal that is seized by a governmental
entity to protect the health and safety of the public or to prevent cruelty to
animals.
(Added to NRS by 2005, 1238)
NRS 565.130 Refusal to issue certificate or permit: Grounds; duty of
Department and inspector to prevent unlawful removal of animals.
1. The Department or its authorized
inspector shall refuse to issue brand inspection clearance certificates or
permits to remove animals from a brand inspection district without brand
inspection as provided in this chapter, subject to brand inspection under the
provisions of this chapter, not bearing brands or brands and marks of legal
record in the name of the person claiming lawful possession of and applying for
inspection of the animals, until satisfactory evidence of the right to legal
possession of the animals and shipment or removal from the brand inspection
district has been supplied to the Department or its authorized inspector.
2. The Department and its authorized
inspector shall use all due vigilance to prevent the unlawful removal by any
person of any animals from any brand inspection district created under the
provisions of this chapter.
[9:145:1929; NCL § 3857]—(NRS A 1961, 544; 1993, 1742; 1999, 3680)
NRS 565.140 Inspector to give notice to agricultural enforcement officer
upon discovery of animals in possession of another; contents of notice.
1. Whenever, incident to any brand
inspection under the provisions of this chapter, any inspector shall find in
the possession of any person or persons offering animals for inspection any
animals to which such person or persons cannot establish their legal ownership
or right of possession and the inspector shall be able to determine by means of
the brands or brands and marks on such animal or animals, or upon other
reliable evidence, the actual legal owner or owners of such animal or animals,
the inspector shall immediately notify an agricultural enforcement officer of
the inspector’s findings.
2. The inspector shall include in such
notice:
(a) The date and place where such animal or
animals were found.
(b) A full description of the same.
(c) The name and address of any person or persons
in whose possession they were found.
(d) All other information which may aid the
agricultural enforcement officer or the legal owner or owners of such animal or
animals in securing the return thereof or compensation therefor, or in any
civil suit or criminal prosecution relating thereto.
3. Upon receipt of the notice, the
agricultural enforcement officer shall investigate the findings of the
inspector and, as soon as practicable, provide notification of those findings
to the legal owner or owners of such animal or animals.
4. As used in this section, “agricultural
enforcement officer” has the meaning ascribed to it in regulations adopted by
the Department.
[10:145:1929; NCL § 3858]—(NRS A 1961, 544; 2013, 1322)
NRS 565.150 Seizure and disposal of animals by inspector when legal
ownership cannot be determined.
1. Whenever, incident to any brand
inspection under the provisions of this chapter, any inspector shall find in
the possession of any persons offering animals for inspection any animals to
which such person or persons cannot establish their legal ownership or right to
possession, and the inspector shall be unable to determine by means of the
brands or brands and marks on such animals, or otherwise, the actual legal
owners of the animals, or, if in the judgment of the inspector such action is
necessary to safeguard the legal owners of the animals, if known to the
inspector, against their loss, the inspector shall immediately seize and take
possession of such animals and proceed to dispose of the same, under the
provisions of NRS 569.010 or 569.040 to 569.130, inclusive.
2. Such seizure and disposal by an
inspector shall in no way relieve the persons in whose possession the animals
were found of any civil or criminal liability arising out of the unlawful
removal of such animals from the grazing commons or the unlawful possession of
the same.
[11:145:1929; NCL § 3859]—(NRS A 1961, 545)
NRS 565.155 Enforcement of chapter. In
addition to enforcing the provisions of this chapter through its inspectors,
the Department may:
1. Authorize other peace officers to
enforce the provisions of this chapter; and
2. Adopt regulations specifying the
procedures for the enforcement of the provisions of this chapter by the
inspectors of the Department and other peace officers.
(Added to NRS by 1971, 255; A 1989, 339; 1993, 1742, 2541; 1995, 703; 1999, 3680)
NRS 565.160 Right of Department to inspect animals under other laws unaffected. The provisions of this chapter do not affect
the right of the Department conferred by any other law to inspect any animals
for the determination of the ownership thereof, or for any other purpose under
the provisions of any such other law.
[12:145:1929; NCL § 3860]—(NRS A 1961, 545; 1993, 1742; 1999, 3680)
NRS 565.170 Penalties. Any
person violating any of the provisions of this chapter:
1. Is guilty of a misdemeanor, and upon
conviction thereof shall be punished as provided by law.
2. In addition to any criminal penalty,
shall pay to the Department an administrative fine of not more than $1,000 per
violation.
Ê If an
administrative fine is imposed pursuant to this section, the costs of the
proceeding, including investigative costs and attorney’s fees, may be recovered
by the Department.
[14:145:1929; A 1956, 55]—(NRS A 1993, 899; 1995, 548; 1999, 3680)