2005 Nevada Revised Statutes - Chapter 561 — State Department of Agriculture

Title 50 - ANIMALS

CHAPTER 561 - STATE DEPARTMENT OFAGRICULTURE

GENERAL PROVISIONS

NRS 561.015 Legislativedeclaration.

NRS 561.025 Definitions.

NRS 561.035 Creationof Department; administration of chapter by Department.

STATE BOARD OF AGRICULTURE

NRS 561.045 Creation;number and appointment of members.

NRS 561.055 Qualificationsof members.

NRS 561.075 Compensationof members and employees.

NRS 561.085 Chairman;Secretary.

NRS 561.095 Meetings;quorum; minutes and audio recordings or transcripts are public records.

NRS 561.105 Duties;rules and regulations.

DIVISION OF MEASUREMENT STANDARDS

NRS 561.108 Creation;administration and enforcement of various provisions of NRS.

DIRECTOR

NRS 561.115 Appointment;unclassified service.

NRS 561.125 Qualifications.

NRS 561.135 Salary.

NRS 561.145 Generalpowers and duties.

NRS 561.146 Issuanceand enforcement of subpoenas.

NRS 561.147 Prohibitionor restriction of movement of infested article; treatment to devitalize orsterilize.

NRS 561.148 Participationin investigation and prosecution of theft or destruction of livestock;inspections.

NRS 561.149 Depositions.

NRS 561.153 Prescriptionof fees to cover costs of providing certain services, products or publications;procedures for billing or collecting fees.

NRS 561.155 Ex officio State Sealer of Weights and Measures.

NRS 561.165 Ex officio State Quarantine Officer.

NRS 561.185 Designation,powers and duties of deputy.

MANAGEMENT OF ACTIVITIES; POWERS AND DUTIES

NRS 561.205 Managementof activities pertaining to protection and promotion of livestock industry.

NRS 561.209 Managementof activities pertaining to brands and marks and brand inspection.

NRS 561.214 Managementof activities pertaining to protection and promotion of agricultural industry.

NRS 561.218 Managementof activities relating to natural resources, land use planning, and managementand control of wild horses, estrays and feral livestock.

NRS 561.225 Appointmentof staff; designation of field agents and inspectors.

NRS 561.235 Offices:Location, establishment and maintenance.

NRS 561.245 Cooperationand agreements with Federal Government, agencies, political subdivisions andothers.

NRS 561.247 Establishmentand administration of Agricultural Loan Mediation Program; fees forparticipation.

NRS 561.255 Acceptanceof money and other contributions; deposit.

NRS 561.265 Publicationof general orders, rules and regulations.

NRS 561.275 Exhibitsand displays at fairs and exhibitions; agreements concerning exhibitions.

NRS 561.285 Collectionand dissemination of information; confidential proprietary information.

NRS 561.295 Issuanceand enforcement of hold orders by Director; hearings; judicial review.

NRS 561.301 Aquaticagriculture: Promotion, protection and regulation.

NRS 561.305 Laboratories:Establishment, maintenance and purposes; examination of samples for residents.

NRS 561.315 Costsfor examination of samples by laboratory.

NRS 561.325 Offerof reward for arrest and conviction of person stealing livestock.

FINANCES AND PROGRAMS

NRS 561.335 RevolvingAccount for Agriculture Working Capital.

NRS 561.344 LivestockInspection Account.

NRS 561.355 PlantIndustry Program: Establishment; source and use of fees and other money.[Effective through June 30, 2007.]

NRS 561.355 PlantIndustry Program: Establishment; source and use of fees and other money.[Effective July 1, 2007.]

NRS 561.375 Programfor the Control of Pests and Plant Diseases: Establishment; source and use ofmoney.

NRS 561.385 AgricultureRegistration and Enforcement Account.

NRS 561.405 RuralRehabilitation Fund.

NRS 561.407 Accountfor the Promotion of Beef.

NRS 561.409 AlfalfaSeed Research and Promotion Account.

NRS 561.411 Accountfor License Plates for Promotion of Agriculture.

NRS 561.412 Separateaccount for certain fees. [Effective July 1, 2007.]

NRS 561.415 Legislativeappropriations; payment of claims.

NRS 561.421 Remittanceof money collected on behalf of Department in remote areas of State.

NRS 561.423 Garlicand Onion Research and Promotion Account.

LIQUIDATION OF RURAL REHABILITATION TRUST

NRS 561.425 Applicationfor and receipt of trust assets by Department.

NRS 561.435 Agreementswith federal Secretary of Agriculture for use of trust assets to carry outpurposes of Bankhead-Jones Farm Tenant Act.

NRS 561.445 Useof money by Department if not administered by federal Secretary of Agriculture.

NRS 561.455 Powersof Department.

NRS 561.465 UnitedStates and federal Secretary of Agriculture exempt from liability.

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GENERAL PROVISIONS

NRS 561.015 Legislativedeclaration. The Legislature declares that thepurpose of this chapter is:

1. To benefit and to promote the welfare of all thepeople of the State of Nevada.

2. To promote the efficient, orderly and economicalconduct of the various activities for the encouragement, advancement and protectionof the livestock and agricultural industries of the State of Nevada.

(Added to NRS by 1961, 496)

NRS 561.025 Definitions. As used in this chapter, unless the context requiresotherwise:

1. Board means the State Board of Agriculture.

2. Department means the State Department ofAgriculture.

3. Director means the Director of the Department.

4. Livestock means:

(a) All cattle or animals of the bovine species.

(b) All horses, mules, burros and asses or animals ofthe equine species.

(c) All swine or animals of the porcine species.

(d) All goats or animals of the caprine species.

(e) All poultry or domesticated fowl or birds.

(f) All dogs, cats or other animals domesticated orunder the restraint or control of man.

(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655)

NRS 561.035 Creationof Department; administration of chapter by Department.

1. The State Department of Agriculture is herebycreated.

2. The administration of the provisions of thischapter is vested in the Department.

(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655)

STATE BOARD OF AGRICULTURE

NRS 561.045 Creation;number and appointment of members. There ishereby created in the Department a State Board of Agriculture composed of 11members appointed by the Governor.

(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299;1989, 802; 1993, 1722; 1999,3655; 2003, 2146)

NRS 561.055 Qualificationsof members.

1. Three members of the Board must be actively engagedin range or semirange cattle production, one in dairy production, one in rangeor semirange sheep production, one in general farming, one in generalagriculture, one in growing crops which are planted in rows spaced to permit mechanicalcultivation, one in the control of pests, one in the petroleum industry and onein raising nursery stock.

2. Not more than two members may be residents of thesame county, and the range or semirange cattle production members must beresidents of different counties.

(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299;1989, 802; 1999, 1388;2003, 2146)

NRS 561.075 Compensationof members and employees.

1. While engaged in the business of the Department,each member of the Board is entitled to receive a salary of not more than $80per day, as fixed by the Board.

2. While engaged in the business of the Department,each member and employee of the Board is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

3. The salaries, per diem allowances and travelexpenses of the members and employees of the Board must be paid from any moneyavailable to the Department.

(Added to NRS by 1961, 497; A 1973, 996; 1975, 299;1981, 1989; 1985, 438; 1989, 1720; 1993, 1722; 1999, 3655)

NRS 561.085 Chairman;Secretary.

1. The Board shall elect one of its members as Chairmanof the Board.

2. The Director shall act as the nonvoting recordingSecretary of the Board and shall keep the minutes and audio recordings ortranscripts of the proceedings of the Board.

(Added to NRS by 1961, 497; A 1993, 1722; 1999, 3656; 2005, 1415)

NRS 561.095 Meetings;quorum; minutes and audio recordings or transcripts are public records.

1. The members of the Board may meet at such times andat such places as may be specified by the call of the Chairman or a majority ofthe Board, and a meeting of the Board may be held regularly at least once every3 months. In case of an emergency, special meetings may be called by theChairman or by the Director.

2. Six members of the Board constitute a quorum. Aquorum may exercise all the authority conferred on the Board.

3. Minutes and audio recordings or transcripts of eachmeeting, regular or special, must be filed with the Department and, except asotherwise provided in NRS 241.035, arepublic records.

(Added to NRS by 1961, 497; A 1983, 1447; 1985, 624;1989, 802; 1993, 1722; 1999,3656; 2005, 1415)

NRS 561.105 Duties;rules and regulations.

1. The Board:

(a) Must be informed on and interested in the entirefield of legislation and administration charged to the Department.

(b) Shall report to the Governor and Legislature on allmatters which it deems relevant to the Department, and concerning any specificmatters previously requested by the Governor.

(c) Shall advise and make recommendations to theGovernor or the Legislature relating to the policies of the State concerninglivestock and agriculture.

(d) Shall establish the policy of the Department.

(e) Shall adopt such regulations as it deems necessaryfor the operation of the Department and for carrying out the provisions of thelaws and programs administered by the Department.

2. The Board shall prescribe rules for its managementand government.

(Added to NRS by 1961, 497; A 1985, 369; 1993, 1722; 1999, 3656)

DIVISION OF MEASUREMENT STANDARDS

NRS 561.108 Creation;administration and enforcement of various provisions of NRS.

1. The Division of Measurement Standards is herebycreated within the Department. The Director shall appoint an Administrator ofthe Division who shall administer all activities and services of the Division.

2. The Division of Measurement Standards shalladminister and enforce the provisions of chapters581 and 582 of NRS and NRS 590.010 to 590.450, inclusive.

(Added to NRS by 2003, 2329)

DIRECTOR

NRS 561.115 Appointment;unclassified service. The Director:

1. Must be appointed by the Board with the approval ofthe Governor.

2. Is in the unclassified service of the State.

(Added to NRS by 1961, 497; A 1971, 2082; 1977, 311;1993, 1723; 1999,3656)

NRS 561.125 Qualifications. The Director must be a graduate of an accredited collegeor university and have at least 5 years experience in official agricultural orlivestock regulatory work, public administration, accounting or business administration.

(Added to NRS by 1961, 497; A 1993, 1723; 1995, 432; 1999, 3657)

NRS 561.135 Salary. The salary of the Director may be apportioned and paidfrom any money available to the Department unless otherwise provided by specificstatute.

(Added to NRS by 1961, 497; A 1971, 2082; 1985, 438;1993, 1723; 1999,3657)

NRS 561.145 Generalpowers and duties.

1. The Director shall direct and supervise alladministrative and technical activities of the Department, and all programsadministered by the Department as provided by law. Except as otherwise providedin NRS 284.143, the Director shalldevote his entire time to the duties of his office, and shall follow no othergainful employment or occupation.

2. The Director may, within such limitations as may beprovided by law, organize the Department into divisions and, from time to time,alter that organization and reassign responsibilities and duties as he may deemappropriate.

3. The Director shall:

(a) Coordinate the activities of the divisions of theDepartment.

(b) Report to the Board upon all matters pertaining tothe administration of the Department.

(c) Submit a biennial report to the Governor, theLegislature and the Board of the work of the Department, with recommendationsthat he may deem necessary. The report must set forth the facts relating to thecondition of the livestock, agriculture and related industries in the State ofNevada.

(Added to NRS by 1961, 498; A 1993, 1723; 1995, 2317;1999, 3657)

NRS 561.146 Issuanceand enforcement of subpoenas.

1. Whenever the Director is authorized or required bylaw to conduct a hearing, he may issue subpoenas requiring the attendance ofwitnesses before him, together with all books, memoranda, papers and otherdocuments relating to the matters for which the hearing is called, and takedepositions within or without the state, as the circumstances of the case mayrequire.

2. The district court in and for the county in whichany hearing is being conducted by the Director may compel the attendance ofwitnesses, the giving of testimony and the production of books and papers asrequired by any subpoena issued by the Director.

3. In case of the refusal of any witness to attend ortestify or produce any papers required by the subpoena, the Director may reportto the district court in and for the county in which the hearing is pending bypetition, setting forth:

(a) That notice has been given of the time and place ofattendance of the witness or the production of the books and papers;

(b) That the witness has been subpoenaed in the mannerprescribed in this section; and

(c) That the witness has failed and refused to attendor produce the papers required by subpoena before the Director in the hearingnamed in the subpoena, or has refused to answer questions propounded to him inthe course of the hearing,

and askingan order of the court compelling the witness to attend and testify or producethe books or papers before the Director.

4. The court, upon petition of the Director, shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in the order, the time to be not more than 10days after the date of the order, and then and there show cause why he has notattended or testified or produced the books or papers before the Director. Acertified copy of the order must be served upon the witness. If it appears tothe court that the subpoena was regularly issued by the Director, the court maythereupon enter an order that the witness appear before the Director at thetime and place fixed in the order and testify or produce the required books orpapers, and upon failure to obey the order the witness must be dealt with asfor contempt of court.

(Added to NRS by 1967, 420; A 1981, 89; 1993, 1723; 1999, 3657)

NRS 561.147 Prohibitionor restriction of movement of infested article; treatment to devitalize orsterilize. If any feed, grain, hay, machineryor other article is found to be infested with, or the possible carrier of, thepropagating parts of any noxious weed, injurious insect pest or plant disease,and the Director determines that movement of the article into any area of theState will be damaging or will jeopardize the agricultural industry of thearea, the Director may prohibit or restrict movement of the infested article ormay prescribe treatment to devitalize or sterilize the infested article.

(Added to NRS by 1965, 31; A 1993, 1724; 1997, 484; 1999, 3658)

NRS 561.148 Participationin investigation and prosecution of theft or destruction of livestock;inspections. The Director may participate inthe investigation and prosecution of any suspected theft, mutilation ormalicious destruction of livestock, and may temporarily stop the movement oflivestock and carcasses for the purpose of inspection.

(Added to NRS by 1967, 282; A 1993, 1724; 1999, 3658)

NRS 561.149 Depositions. In all cases where the Director is required or authorizedby law to proceed upon a verified complaint, he, or his deputy so authorized byhim, may take depositions, within or without the State, as the circumstances ofthe case may require.

(Added to NRS by 1965, 409; A 1981, 90; 1993, 1724;1999; 3658)

NRS 561.153 Prescriptionof fees to cover costs of providing certain services, products or publications;procedures for billing or collecting fees. TheDirector may by regulation:

1. Prescribe,in addition to any other fees prescribed by the Director pursuant to titles 49,50 and 51 of NRS, a fee to cover the costs incurred by the Department for anyservice, product or publication provided by the Department pursuant to titles49, 50 and 51 of NRS or the regulations adopted pursuant thereto; and

2. Adopt such procedures as he may deem appropriatefor the billing or collection of such fees.

(Added to NRS by 1969, 138; A 1979, 292; 1993, 1724; 1999, 3597, 3658; 2003, 1430)

NRS 561.155 Exofficio State Sealer of Weights and Measures. TheDirector is hereby designated and appointed ex officio State Sealer of Weightsand Measures, and shall carry out all the duties of the State Sealer of Weightsand Measures as provided by law.

(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3658)

NRS 561.165 Exofficio State Quarantine Officer. The Directoris hereby designated and appointed ex officio State Quarantine Officer, andshall carry out all the duties of the State Quarantine Officer as provided bylaw.

(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3659)

NRS 561.185 Designation,powers and duties of deputy. The Director maydesignate an employee of the Department to act as his deputy. In case of theabsence of the Director, or his inability from any cause to discharge thepowers and duties of his office, those powers and duties devolve upon hisdeputy.

(Added to NRS by 1961, 499; A 1993, 1725; 1999, 3659)

MANAGEMENT OF ACTIVITIES; POWERS AND DUTIES

NRS 561.205 Managementof activities pertaining to protection and promotion of livestock industry. The Director shall appoint a person to manage theactivities of the Department relating to the protection and promotion of thelivestock industry of the State of Nevada. The person is in the unclassifiedservice of the State and must:

1. Be appointed on the basis of merit;

2. Be a graduate of a veterinary school or collegeapproved by the American Veterinary Medical Association; and

3. Have at least 5 years experience in official workfor regulating and controlling diseases in livestock.

The Directormay remove the person from office with the approval of the Board.

(Added to NRS by 1961, 498; A 1985, 438; 1991, 1353;1993, 1725; 1999,3659)

NRS 561.209 Managementof activities pertaining to brands and marks and brand inspection. The Director shall appoint a person to manage theactivities of the Department relating to brands and marks and brand inspectionin the State of Nevada. The person must be appointed on the basis of merit andis in the unclassified service of the State. The Director may remove the personfrom office with the approval of the Board.

(Added to NRS by 1971, 2082; A 1991, 1354; 1993,1725; 1999, 3659)

NRS 561.214 Managementof activities pertaining to protection and promotion of agricultural industry. The Director shall appoint a person to manage theactivities of the Department relating to the protection and promotion of theagricultural industry of the State of Nevada. The person is in the unclassifiedservice of the State and must:

1. Be appointed on the basis of merit;

2. Be a graduate of an accredited college oruniversity with a major in one of the agricultural sciences; and

3. Have at least 5 years experience in official workfor regulating agriculture.

The Directormay remove the person from office with the approval of the Board.

(Added to NRS by 1961, 499; A 1985, 438; 1991, 1354;1993, 1725; 1999,3659)

NRS 561.218 Managementof activities relating to natural resources, land use planning, and managementand control of wild horses, estrays and feral livestock.

1. The Director shall appoint a person to manage theactivities of the Department relating to natural resources, land use planningand the management and control of wild horses, estrays and feral livestock. Theperson must be appointed on the basis of merit and is in the unclassifiedservice of the State. The Director may remove the person from office with theapproval of the Board.

2. The person appointed shall:

(a) Establish and carry out a policy for the managementand control of estrays and the preservation and allocation of natural resourcesnecessary to advance and protect the livestock and agricultural industries inthis state.

(b) Develop cooperative agreements and workingrelationships with federal and state agencies and local governments for landuse planning and the preservation and allocation of natural resources necessaryto advance and protect the livestock and agricultural industries in this state.

(c) Cooperate with private organizations andgovernmental agencies to develop procedures and policies for the management andcontrol of wild horses.

(d) Monitor gatherings of estrays and feral livestockconducted pursuant to the provisions of NRS569.040 to 569.130, inclusive, andassist district brand inspectors in identifying estrays before they are sold orgiven a placement or other disposition through a cooperative agreementestablished pursuant to NRS 569.031.

(e) Provide the members of the general public withinformation relating to the activities of the Department and solicitrecommendations from the members of the general public and advisory groupsconcerning those activities.

(f) Make assessments of the level of competitionbetween livestock and wildlife for food and water, collect data concerning themovement of livestock and perform activities necessary to control noxiousweeds.

(g) Participate in land use planning relating to thecompetition for food and water between livestock and wildlife to ensure themaintenance of the habitat of both livestock and wildlife.

(h) Present testimony, conduct research and preparereports for the Governor, the Legislature, the Director and any other person orgovernmental entity as directed by the Director.

(i) Develop and carry out a program to educate themembers of the general public concerning the programs administered by theDepartment, including programs for the management and control of estrays andferal livestock.

(j) Make proposals to the Director for the amendment ofthe regulations adopted by the Board pursuant to NRS 561.105.

(k) Perform such other duties as directed by theDirector.

3. As used in this section:

(a) Estray has the meaning ascribed to it in NRS 569.0075.

(b) Feral livestock has the meaning ascribed to it inNRS 569.008.

(c) Wild horse has the meaning ascribed to it in NRS 504.430.

(Added to NRS by 1997, 1404; A 1999, 3659; 2003, 2146)

NRS 561.225 Appointmentof staff; designation of field agents and inspectors.

1. The Director shall appoint such technical, clericaland operational staff as the execution of his duties and the operation of theDepartment may require.

2. The Director may designate such departmentpersonnel as are required to be field agents and inspectors in the enforcementof the provisions of Titles 49 and 50 of NRS and chapters581, 582, 583,586, 587, 588 and 590 ofNRS. The provisions of this subsection do not authorize any departmentpersonnel so designated by the Director to retire from the Public EmployeesRetirement System before having attained the minimum service retirement age of60 years.

(Added to NRS by 1961, 499; A 1967, 695; 1985, 438;1993, 1725, 2540; 1995, 703; 1999, 3660; 2001, 1731)

NRS 561.235 Offices:Location, establishment and maintenance.

1. The Department shall maintain a principal officeand may maintain district or branch offices throughout the State if they arenecessary for the efficient operation of the Department.

2. The Director shall select the location of thoseoffices and may enter into such leases or other agreements as may be necessaryto establish them. The leases or agreements must be executed in cooperationwith the Buildings and Grounds Division of the Department of Administration andin accordance with the provisions of NRS331.110.

(Added to NRS by 1961, 499; A 1963, 1070; 1973, 1476;1983, 280; 1993, 1726; 1999,3661)

NRS 561.245 Cooperationand agreements with Federal Government, agencies, political subdivisions andothers. In the administration of various programsby the Department as provided by law, the Department may cooperate, financiallyor otherwise, and execute contracts or agreements with the Federal Governmentor any federal department or agency, any other state department or agency, acounty, a city, a public district or any political subdivision of this state, apublic or private corporation, a natural person, or a group of natural persons,but such cooperation does not relieve any person, department, agency,corporation or political subdivision of any responsibility or liabilityexisting under any provision of law.

(Added to NRS by 1961, 499; A 1993, 1726; 1999, 3661)

NRS 561.247 Establishmentand administration of Agricultural Loan Mediation Program; fees for participation.

1. The Department shall adopt regulations necessary toestablish an Agricultural Loan Mediation Program that complies with therequirements of 7 U.S.C. 5101(c) for certification by the Secretary ofAgriculture. The Department shall establish fees to be charged by it forparticipation in the Program. The amount of the fees must be sufficient tocover the costs of administering the Program.

2. The Department shall administer the Programestablished pursuant to subsection 1.

(Added to NRS by 1989, 1457; A 1993, 1726; 1999, 3661)

NRS 561.255 Acceptanceof money and other contributions; deposit.

1. The Department may accept, for programsadministered by it, any money or other contribution which is made available by:

(a) Any Act of the Congress of the United States;

(b) A county, city, public district or any politicalsubdivision of this state; or

(c) A public or private corporation or association orby any person.

2. Any money or other contribution accepted by theDepartment under the provisions of this section must be deposited with theState Treasurer for credit to the appropriate fund and used for a program ofthe Department.

(Added to NRS by 1961, 499; A 1977, 232; 1993, 1726; 1999, 3661)

NRS 561.265 Publicationof general orders, rules and regulations. Allgeneral orders, rules or regulations applying to the State, a county or adistrict shall be published at least twice in a newspaper having a generalcirculation in the area affected by the order, rule or regulation. Suchpublication shall constitute legal notice of the order, rule or regulation, andshall be in accordance with the provisions of NRS238.010 to 238.080, inclusive.

(Added to NRS by 1961, 500)

NRS 561.275 Exhibitsand displays at fairs and exhibitions; agreements concerning exhibitions.

1. The Department may exhibit and display property,objects, articles, things, livestock and commodities at exhibits, fairs,expositions and places of public or private exhibition.

2. The Department may negotiate, consult with andagree with institutions, departments, officers, persons and corporations of andin the State of Nevada and elsewhere concerning quarters for and thepreservation, care, transportation, storing, custody, display and exhibition ofproperty, objects, articles, things, livestock and commodities, and concerningthe terms and cost thereof, the manner, time, place and extent thereof, and thereturn thereof.

(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3661)

NRS 561.285 Collectionand dissemination of information; confidential proprietary information.

1.Except as otherwise provided in subsection 2, the Department may collect anddisseminate, throughout the State, information calculated to educate andbenefit the general public and the livestock and agricultural industries of theState of Nevada, and information pertaining to any program administered by theDepartment.

2. Except as otherwise provided in NRS 571.160, all proprietary informationconcerning:

(a) Numbers of animals;

(b) The quantity of production;

(c) Fiscal or tax matters; or

(d) The security of any facility,

whichspecifically relates to a natural person, company, corporation or other nonpublicentity, and which is collected by the Department pursuant to the provisions oftitles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and 590 ofNRS, is confidential.

(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662; 2005, 524)

NRS 561.295 Issuanceand enforcement of hold orders by Director; hearings; judicial review.

1. The Director may issue and enforce a written holdorder to the owner or custodian of any agricultural commodity, livestock,livestock product, appliance, material or article which he finds is inviolation of any of the provisions of law administered by the Department orwhich he finds to be infested with a pest or infected with a disease. The ordermay prohibit further sale or movement or require that the agriculturalcommodity, livestock, livestock product, appliance, material or article to beheld on the premises or at a designated premise until the Director has evidencethat the order has been complied with, and upon compliance, the order must bedissolved.

2. It is unlawful to move or otherwise dispose of anyagricultural commodity, livestock, livestock product, appliance, material orarticle except with the permission of the Director and for the purposesspecified therein. Upon demand, the owner or custodian of the agriculturalcommodity, livestock, livestock product, appliance, material or article has theright to a hearing before the Director relative to the justification of anysuch order. The provisions of this section do not limit the right of the Departmentto proceed as authorized by law. Any decision of the Director issued inaccordance with this section is subject to review by any court of competentjurisdiction.

(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662)

NRS 561.301 Aquaticagriculture: Promotion, protection and regulation. Aquaticagriculture, which includes the propagation, cultivation and harvesting ofplants indigenous to water in a controlled or selected aquatic environment forthe commercial production of food, is one of the agricultural enterprisesconducted in this state. The Department shall promote, protect and regulateaquatic agriculture to the extent that the Department is authorized to regulateother forms of agriculture and other agricultural products. The Departmentshall confer with the Department of Wildlife regarding aquatic agriculture toprevent any adverse effects on existing aquatic animals.

(Added to NRS by 1985, 624; A 1993, 1727; 1999, 3662; 2003, 1582)

NRS 561.305 Laboratories:Establishment, maintenance and purposes; examination of samples for residents. The Department shall establish and maintain a laboratoryfor the following purposes:

1. The diagnosis of infectious, contagious andparasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.

2. The diagnosis of infectious, contagious andparasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS.

3. The diagnosis of infectious, contagious anddestructive diseases of agricultural commodities, and infestations thereof bypests, as may be necessary under the provisions of chapter554 of NRS.

4. The survey and identification of insect pests,plant diseases and noxious weeds, and the maintenance of a herbarium, as may benecessary under the provisions of NRS 555.005to 555.249, inclusive.

5. The testing of pesticides, as may be necessaryunder the provisions of NRS 555.2605 to555.460, inclusive, and 586.010 to 586.450, inclusive.

6. The safekeeping and maintenance of officialstandards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.

7. The testing and grading of agricultural productsand the testing of the purity and germinating power of agricultural seeds andthe testing of the spray residue contained in produce, as may be necessaryunder the provisions of chapter 587 of NRS.

8. The analysis and testing of commercial fertilizersand agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS.

9. The analysis and testing of petroleum products ormotor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.

10. The analysis and testing of antifreeze, as may benecessary under the provisions of NRS590.340 to 590.450, inclusive.

11. Any laboratory examinations, diagnoses, analysesor testing as may be deemed necessary by the Director and which can be madewith equipment available in any such laboratory. Any resident of this State maysubmit samples to the Department for examination, diagnosis, analysis ortesting, subject to such rules and regulations as may be adopted by theDirector.

(Added to NRS by 1961, 501; A 1969, 363, 634; 1971,1257; 1975, 596; 1993, 1728; 1999, 2850, 3662; 2003, 413, 2147; 2005, 661)

NRS 561.315 Costsfor examination of samples by laboratory. TheDirector may fix the maximum number of samples that may be examined, diagnosed,analyzed or tested in the Departments laboratory free of charge for any onenatural person, group or corporation in any one period, and may fix reasonablefees for samples submitted in excess of those tested free of charge.

(Added to NRS by 1961, 501; A 1993, 1728; 1999, 3663)

NRS 561.325 Offerof reward for arrest and conviction of person stealing livestock.

1. The Department may offer a standing reward, or areward for each class of livestock, not to exceed $1,500, for informationleading to the arrest and conviction of each person engaged in stealinglivestock. The reward must be paid to the person who provides the informationleading to the arrest and conviction of the person immediately upon theconviction of the person so arrested.

2. The Director may establish such further conditionsand rules relating to the offering of such rewards and the payments thereof ashe may deem proper.

(Added to NRS by 1961, 505; A 1973, 203; 1993, 1729;1995, 10; 1999, 3663)

FINANCES AND PROGRAMS

NRS 561.335 RevolvingAccount for Agriculture Working Capital.

1. The Revolving Account for Agriculture WorkingCapital in the amount of $10,000 is hereby created for the use of theDepartment.

2. The Account must be used specifically for carryingout the provisions of NRS 569.005 to 569.080, inclusive, and 569.100 to 569.130, inclusive.

3. The Account may be used for:

(a) Paying the expenses of all programs and lawsadministered by the Department, except expenses related to estrays and ferallivestock which are required to be paid pursuant to NRS 569.090. The Account must be reimbursedpromptly from the proper funds in the State Treasury by claims paid as otherclaims against the State are paid for any expenses paid pursuant to thisparagraph.

(b) Providing advance money to officers and employeesof the Department for travel expenses and subsistence allowances arising out oftheir official duties or employment. Such an advance constitutes a lien infavor of the Department upon the accrued wages of the requesting officer or employeein an amount equal to the sum advanced, but the Director may advance more thanthe amount of the accrued wages of the officer or employee. Upon the return ofthe officer or employee, he is entitled to receive any authorized expenses andsubsistence in excess of the amount advanced, and a sum equal to the advancemust be paid into the Revolving Account for Agriculture Working Capital.

(c) Making grants and loans for any purpose authorizedby subsection 2 of NRS 561.445. Any loanor grant made pursuant to this paragraph must be reimbursed promptly, as otherclaims against the State are paid, from the money deposited in the StateTreasury pursuant to subsection 1 of NRS561.445.

4. The Revolving Account for Agriculture WorkingCapital must be deposited in a bank or credit union qualified to receivedeposits of public money and the deposit must be secured by a depository bondsatisfactory to the State Board of Examiners.

(Added to NRS by 1961, 501; A 1967, 359; 1983, 400;1989, 1095; 1993, 1729; 1995, 246; 1999, 1512, 3664; 2003, 2148)

NRS 561.344 LivestockInspection Account.

1. The Livestock Inspection Account is hereby createdin the State General Fund for the use of the Department.

2. The following special taxes, fees and other moneymust be deposited in the Livestock Inspection Account:

(a) All special taxes on livestock as provided by law.

(b) Fees and other money collected pursuant to theprovisions of chapter 564 of NRS.

(c) Fees collected pursuant to the provisions of chapter 565 of NRS.

(d) Unclaimed proceeds from the sale of estrays andferal livestock by the Department pursuant to NRS569.005 to 569.130, inclusive, orproceeds required to be deposited in the Livestock Inspection Account pursuantto a cooperative agreement established pursuant to NRS 569.031.

(e) Fees collected pursuant to the provisions of chapter 573 of NRS.

(f) Fees collected pursuant to the provisions of chapter 576 of NRS.

(g) Laboratory fees collected for the diagnosis ofinfectious, contagious and parasitic diseases of animals, as authorized by NRS 561.305, and as are necessary pursuantto the provisions of chapter 571 of NRS.

3. Expenditures from the Livestock Inspection Accountmust be made only for carrying out the provisions of this chapter and chapters 564, 569,571, 573 and 576 of NRS.

4. The interest and income earned on the money in theLivestock Inspection Account, after deducting any applicable charges, must becredited to the Account.

(Added to NRS by 1961, 502; A 1969, 770; 1983, 401;1985, 157; 1987, 147; 1989, 272; 1991, 9, 1790; 1993, 294, 1729; 1995, 579; 1999, 3664; 2003, 2149)

NRS 561.355 PlantIndustry Program: Establishment; source and use of fees and other money. [Effectivethrough June 30, 2007.]

1. The Plant Industry Program is hereby established.

2. The following fees and money must be used in thePlant Industry Program:

(a) Fees and money collected pursuant to the provisionsof chapters 552, 555,581, 582 and 587 of NRS.

(b) Laboratory fees collected for the diagnosis ofinfectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuantto the provisions of chapter 552 of NRS.

(c) Laboratory fees collected for the diagnosis ofinfectious, contagious and destructive diseases of agricultural commodities,and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessarypursuant to the provisions of chapter 554 ofNRS.

(d) Laboratory fees collected for the survey andidentification of insect pests, plant diseases and noxious weeds, as authorizedby NRS 561.305, and as may be necessarypursuant to the provisions of NRS 555.005to 555.249, inclusive.

(e) Laboratory fees collected for the testing of thepurity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuantto the provisions of NRS 587.015 to 587.123, inclusive.

(f) Money received from a tax on the transfer of realproperty imposed pursuant to NRS 375.026.

3. Expenditures for the Plant Industry Program must bemade only for the purposes of carrying out the provisions of this chapter and chapters 552, 554,555, 581, 582 and 587 ofNRS.

4. The money credited to the Program pursuant to NRS 375.026 must be allocated fordisbursement to each county in proportion to the amount of money collected inthat county and must only be used:

(a) By the Department for programs on the exclusion,detection and control of:

(1) Invasive species; and

(2) Endemic pests and weeds designated by theDirector; and

(b) For grants to local governments and nonprofitorganizations for the control or management of such species, pests and weeds.

5. Not later than 30 days after the beginning of eachfiscal year, the Department shall present to each board of county commissionersfor approval by each such board proposed programs for the exclusion, detectionand control of invasive species and endemic pests and weeds designated by theDirector that involve cooperative action between the Department and the county.

6. As used in this section:

(a) Invasive species means any living organism notnative to this State that may present a threat to the economy, environment orpublic health of this State.

(b) Local government has the meaning ascribed to itin NRS 237.050.

(Added to NRS by 1961, 502; A 1967, 315; 1969, 364;1977, 232; 2001, 2154;2003, 3492)

NRS 561.355 Plant Industry Program:Establishment; source and use of fees and other money. [Effective July 1,2007.]

1. The Plant Industry Program is hereby established.

2. The following fees and money must be used in thePlant Industry Program:

(a) Fees and money collected pursuant to the provisionsof chapters 552, 555and 587 of NRS.

(b) Laboratory fees collected for the diagnosis ofinfectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as are necessary pursuantto the provisions of chapter 552 of NRS.

(c) Laboratory fees collected for the diagnosis ofinfectious, contagious and destructive diseases of agricultural commodities,and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessarypursuant to the provisions of chapter 554 ofNRS.

(d) Laboratory fees collected for the survey andidentification of insect pests, plant diseases and noxious weeds, as authorizedby NRS 561.305, and as may be necessarypursuant to the provisions of NRS 555.005to 555.249, inclusive.

(e) Laboratory fees collected for the testing of thepurity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary pursuantto the provisions of NRS 587.015 to 587.123, inclusive.

(f) Money received from a tax on the transfer of realproperty imposed pursuant to NRS 375.026.

3. Expenditures for the Plant Industry Program must bemade only for the purposes of carrying out the provisions of this chapter and chapters 552, 554,555 and 587of NRS.

4. The money credited to the Program pursuant to NRS 375.026 must be allocated fordisbursement to each county in proportion to the amount of money collected inthat county and must only be used:

(a) By the Department for programs on the exclusion,detection and control of:

(1) Invasive species; and

(2) Endemic pests and weeds designated by theDirector; and

(b) For grants to local governments and nonprofitorganizations for the control or management of such species, pests and weeds.

5. Not later than 30 days after the beginning of eachfiscal year, the Department shall present to each board of county commissionersfor approval by each such board proposed programs for the exclusion, detectionand control of invasive species and endemic pests and weeds designated by theDirector that involve cooperative action between the Department and the county.

6. As used in this section:

(a) Invasive species means any living organism notnative to this State that may present a threat to the economy, environment orpublic health of this State.

(b) Local government has the meaning ascribed to itin NRS 237.050.

(Added to NRS by 1961, 502; A 1967, 315; 1969, 364;1977, 232; 2001, 2154;2003, 3492; 2005, 1525,effective July 1, 2007)

NRS 561.375 Programfor the Control of Pests and Plant Diseases: Establishment; source and use ofmoney.

1. The Program for the Control of Pests and PlantDiseases is hereby established.

2. Money accepted by the Department under theprovisions of NRS 555.010 to 555.460, inclusive, from the FederalGovernment or any federal department or agency, a county, a city, a publicdistrict or any political subdivision of this State, a public or privatecorporation, or a natural person, may be used in the Program for the Control ofPests and plant Diseases.

3. Expenditures for the Program for the Control ofPests and Plant Diseases may be made only to carry out the provisions of thischapter and chapter 555 of NRS.

(Added to NRS by 1961, 503; A 1977, 232; 1993, 1730; 1999, 3665; 2003, 541)

NRS 561.385 AgricultureRegistration and Enforcement Account.

1. The Agriculture Registration and EnforcementAccount is hereby created in the State General Fund for the use of theDepartment.

2. The following fees must be deposited in theAgriculture Registration and Enforcement Account:

(a) Except as otherwise provided in NRS 586.270, fees collected pursuant to theprovisions of NRS 586.010 to 586.450, inclusive.

(b) Fees collected pursuant to the provisions of chapter 588 of NRS.

(c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

(d) Laboratory fees collected for the testing ofpesticides as authorized by NRS 561.305,and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to 586.450, inclusive.

(e) Laboratory fees collected for the analysis andtesting of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as are necessary pursuantto the provisions of chapter 588 of NRS.

(f) Laboratory fees collected for the analysis andtesting of petroleum products or motor vehicle fuel, as authorized by NRS 561.305, and as are necessary pursuantto the provisions of NRS 590.010 to 590.150, inclusive.

(g) Laboratory fees collected for the analysis andtesting of antifreeze, as authorized by NRS561.305, and as are necessary pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

3. Expenditures from the Agriculture Registration andEnforcement Account may be made only to carry out the provisions of thischapter, NRS 555.2605 to 555.460, inclusive, or chapters 586, 588and 590 of NRS.

(Added to NRS by 1961, 503; A 1971, 451, 1258; 1975,597; 1983, 402; 1991, 1790; 1993, 1730; 1999, 3665; 2003, 414, 617; 2005, 662)

NRS 561.405 RuralRehabilitation Fund. The Rural RehabilitationFund is hereby created as a special revenue fund in the State Treasury for theuse of the Department in carrying out the provisions of NRS 561.425 to 561.465, inclusive.

(Added to NRS by 1961, 504; A 1993, 1731; 1997, 126; 1999, 3666)

NRS 561.407 Accountfor the Promotion of Beef.

1. The Account for the Promotion of Beef is herebycreated in the State General Fund.

2. The interest and income earned on the money in theAccount for the Promotion of Beef, after deducting any applicable charges, mustbe credited to the Account.

(Added to NRS by 1969, 771; A 1979, 118; 1981, 1013;1983, 402, 1903, 1904; 1985, 745; 1987, 148; 1989, 316; 1991, 1791)

NRS 561.409 AlfalfaSeed Research and Promotion Account.

1. The Alfalfa Seed Research and Promotion Account ishereby created in the State General Fund. The proceeds of the specialassessment levied pursuant to NRS 587.155must be credited to the Alfalfa Seed Research and Promotion Account and allrefunds made pursuant to NRS 587.155must be paid from the Alfalfa Seed Research and Promotion Account.

2. Expenditures from the Alfalfa Seed Research andPromotion Account may be made only for:

(a) Alfalfa seed research and marketing promotionprograms;

(b) Administrative, per diem and travel expenses of theAlfalfa Seed Advisory Board; and

(c) Reimbursement to the Department for administrativeexpenses of the Department, not to exceed 5 percent of the assessmentscollected.

(Added to NRS by 1975, 494; A 1977, 45; 1983, 402;1991, 1791; 1993, 1731; 1999, 3666)

NRS 561.411 Accountfor License Plates for Promotion of Agriculture.

1. The Account for License Plates for the Promotion ofAgriculture within this state is hereby created in the State General Fund. TheDirector shall administer the Account.

2. The money in the Account does not lapse to theState General Fund at the end of a fiscal year. The interest and income earnedon the money in the Account, after deducting any applicable charges, must becredited to the Account.

3. The money in the Account must be used only for thepromotion of agriculture within this state and must not be used to replace orsupplant money available from other sources. The Administrator may providegrants from the Account to other public agencies to carry out the provisions ofthis section.

(Added to NRS by 1999, 1168)

NRS 561.412 Separateaccount for certain fees. [Effective July 1, 2007.]

1. In addition to the inspection fees and other moneytransferred pursuant to NRS 590.120, allfees and other money collected pursuant to the provisions of NRS 581.001 to 581.395, inclusive, and 582.001 to 582.210, inclusive, must be deposited inthe State Treasury and credited to a separate account in the State General Fundfor the use of the Department.

2. Expenditures from the account must be made only forcarrying out the provisions of this chapter and chapters581 and 582 of NRS and NRS 590.010 to 590.330, inclusive.

3. Money in the account does not lapse to the StateGeneral Fund at the end of a fiscal year. The interest and income earned on themoney in the account, after deducting any applicable charges, must be creditedto the account.

(Added to NRS by 2005, 1525,effective July 1, 2007)

NRS 561.415 Legislativeappropriations; payment of claims.

1. Money to carry out the provisions of this chapterand to support the Department and the programs administered by it, may beprovided by direct legislative appropriation from the General Fund.

2. All money in any fund in the State Treasuryavailable to the Department must be paid out on claims approved by the Directoras other claims against the State are paid.

3. All money in the Revolving Account for AgricultureWorking Capital must be paid out by checks signed by the Director and by adeputy, or by two deputies designated by him for that purpose.

(Added to NRS by 1961, 504; A 1983, 403; 1993, 1731; 1999, 3666)

NRS 561.421 Remittanceof money collected on behalf of Department in remote areas of State. Any field agent, inspector, or other officer or employeeof the Department, who collects currency in payment of any taxes, assessments,proceeds of sale, fees or other charges imposed pursuant to the provisions ofthis Title in an area of the State so remote that the currency can only betransmitted to the Department by mail, may mail a check in lieu of the amountcollected in currency.

(Added to NRS by 1989, 955; A 1993, 1731; 1999, 3666)

NRS 561.423 Garlicand Onion Research and Promotion Account.

1. The Garlic and Onion Research and Promotion Accountis hereby created in the State General Fund. The proceeds of the specialassessment levied pursuant to NRS 556.070must be credited to the Account.

2. Expenditures from the Account may be made only for:

(a) Garlic and onion research programs andmarketing-promotion programs;

(b) Administrative, per diem and travel expenses of theGarlic and Onion Growers Advisory Board; and

(c) Reimbursement to the Department for administrativeexpenses of the Department, not to exceed 5 percent of the assessmentscollected.

(Added to NRS by 1995, 1599; A 1999, 3667; 2003, 582)

LIQUIDATION OF RURAL REHABILITATION TRUST

NRS 561.425 Applicationfor and receipt of trust assets by Department. TheDepartment may act as the agency of and on behalf of and for the State of Nevadato make application to and to receive from the Secretary of Agriculture of theUnited States, or any other federal officer properly authorized by the FederalGovernment and pursuant and subject to the provisions of that certain Act ofCongress, approved May 3, 1950, entitled An Act to provide for the liquidationof the trust under the transfer agreements with the state rural rehabilitationcorporations, and for other purposes, being c. 152, 64 Stat. 98, 40 U.S.C. 440 to 444, inclusive, the trust assets, either money or property, held by theUnited States as trustee for and in behalf of the defunct Nevada ruralrehabilitation corporation.

(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)

NRS 561.435 Agreementswith federal Secretary of Agriculture for use of trust assets to carry outpurposes of Bankhead-Jones Farm Tenant Act. TheDepartment may:

1. Enter into agreements with the Secretary ofAgriculture of the United States pursuant to section 2(f) of c. 152, 64 Stat.98, 40 U.S.C. 440(f), upon such terms and conditions and for such periods asmay be mutually agreeable, authorizing the Secretary of Agriculture of theUnited States to accept, administer, expend and use in the State of Nevada allor any part of those trust assets or any other money of the State of Nevadawhich may be appropriated for such uses for carrying out the purposes of theapplicable provisions of the Bankhead-Jones Farm Tenant Act, being 7 U.S.C. 1000 to 1031, inclusive, as it is now or hereafter may be amended.

2. Do anything necessary to carry out the purposes ofthose agreements.

(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)

NRS 561.445 Useof money by Department if not administered by federal Secretary of Agriculture.

1. Notwithstanding any other provisions of law, themoney and proceeds of the trust assets which are not authorized to beadministered by the Secretary of Agriculture of the United States under theprovisions of NRS 561.435 must bereceived by the Department and by it forthwith deposited with the StateTreasurer.

2. Such money is hereby appropriated and may beexpended or obligated by the Department for the purposes of NRS 561.435 or for use by the Departmentfor such of the rural rehabilitation purposes permissible under the charter ofthe now defunct Nevada Rural Rehabilitation Corporation as may from time totime be agreed upon by the Department and the Secretary of Agriculture of theUnited States, subject to the applicable provisions of c. 152, 64 Stat. 98, 40U.S.C. 440 to 444, inclusive, and the applicable provisions of theBankhead-Jones Farm Tenant Act.

(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667)

NRS 561.455 Powersof Department.

1. The Department may:

(a) Collect, compromise, adjust or cancel claims andobligations arising out of or administered under the provisions of NRS 561.425 to 561.465, inclusive, or under any mortgage,lease, contract or agreement entered into or administered pursuant to NRS 561.425 to 561.465, inclusive, and, if in its judgmentnecessary and advisable, pursue the claims and obligations to final collectionin any court having jurisdiction.

(b) Bid for and purchase at any execution, foreclosureor other sale, or otherwise acquire property upon which the Department has alien because of a judgment or execution, or which is pledged, mortgaged,conveyed or which otherwise secures any loan or other indebtedness owing to oracquired by the Department pursuant to NRS561.425 to 561.465, inclusive.

(c) Accept title to any property so purchased oracquired for and on behalf of the State and may operate or lease the propertyfor such period as may be deemed necessary to protect the investment therein,and may sell or otherwise dispose of the property in a manner consistent withthe provisions of NRS 561.425 to 561.465, inclusive.

2. The authority contained in this section may bedelegated to the Secretary of Agriculture of the United States with respect tomoney or assets authorized to be administered and used by him under agreementsentered into pursuant to NRS 561.435.

(Added to NRS by 1961, 506; A 1993, 1732; 1999, 3668)

NRS 561.465 UnitedStates and federal Secretary of Agriculture exempt from liability. The United States, and the Secretary of Agriculturethereof, must be held free from liability as a result of the transfer of theassets to the Department pursuant to NRS561.425 to 561.465, inclusive.

(Added to NRS by 1961, 506; A 1993, 1733; 1999, 3668)

 

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