Nrs: Chapter 565 - Inspection Of Brands

Link to law: https://www.leg.state.nv.us/NRS/NRS-565.html
Published: 2015

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[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)