2005 Nevada Revised Statutes - Chapter 562 — Sheep

CHAPTER 562 - SHEEP

GENERAL PROVISIONS

NRS 562.010 Boarddefined.

NRS 562.030 Sheepdefined.

NRS 562.040 Personsdeemed owners; joint and several liability.

NRS 562.050 Foreclosureof liens: Procedure; attorneys fees and other costs; remedies cumulative.

NRS 562.055 Costsincurred by State Board of Agriculture to enforce provisions of chapter to bepaid by person against whom provisions are enforced.

STATE BOARD OF AGRICULTURE

Enforcement of Provisions of Chapter

NRS 562.130 Employeesand volunteers; employees of State Department of Agriculture to perform certainduties.

NRS 562.140 Employmentof attorneys; compensation.

NRS 562.150 Reportsto Governor.

 

Finances

NRS 562.160 Boardto fix rate of annual tax; notice to State Department of Agriculture.

NRS 562.170 Maximumrate of tax; minimum amount of tax; deposit of tax in State Sheep InspectionAccount.

NRS 562.175 Penaltyfor failure to pay tax; waiver or reduction of interest or penalty; disclosureof waiver or reduction; taxes levied constitute lien until paid.

NRS 562.190 Useof legislative appropriation to control losses of sheep from predatory animals.

NRS 562.195 StateSheep Inspection Account: Agreement with board of county commissioners foradministration; annual statement by county treasurer; reimbursement foradministration; termination of agreement.

NRS 562.200 StateSheep Inspection Account: Deposit and disbursement of contributions.

NRS 562.210 StateSheep Inspection Account: Expenditures by Board for promotion, advancement andprotection of sheep interests.

NRS 562.220 StateSheep Inspection Account: Payment of salaries, compensation and expenses;limitation on payment of administrative expenses.

NRS 562.230 StateSheep Inspection Account: Payment of vouchers or claims of inspectors; contentsof vouchers or claims.

NRS 562.240 Auditof accounts by Board.

 

Powers and Duties

NRS 562.250 Generalpowers of Board concerning sheep industry; powers of and adoption ofregulations by State Quarantine Officer concerning diseases of sheep.

NRS 562.260 Divisionof State into districts.

NRS 562.270 Rulesand regulations.

NRS 562.300 Publicationof orders, rules and regulations.

NRS 562.310 Powerto subpoena and examine witnesses and administer oaths.

INSPECTION

NRS 562.460 Brandinspection of sheep and issuance of brand inspection clearance certificate;fee.

NRS 562.470 Boardand inspectors to keep record of inspection; contents.

NRS 562.480 Inspectorsreports to Board.

NRS 562.490 Inspectorsright of entry for inspection and examination.

MISCELLANEOUS PROVISIONS

NRS 562.520 Employeesof federal Secretary of Agriculture may come within State for purposes ofsuppression of sheep disease.

NRS 562.530 Federaland state inspectors may call upon peace officers for assistance; penalty forrefusal to comply with orders of officer or inspector.

UNLAWFUL ACTS AND PENALTIES

NRS 562.540 Importationof infected sheep into State unlawful; penalty.

NRS 562.550 Penaltyfor refusal to give information to inspector or giving false information.

NRS 562.555 Sheepin transit through State by railroad; unloading for feed or water; liens;penalty.

NRS 562.560 Penaltyfor other violations.

_________

GENERAL PROVISIONS

NRS 562.010 Boarddefined. As used in this chapter, Boardmeans the State Board of Agriculture.

[Part 2:82:1919; A 1945, 81; 1953, 173](NRS A 2003, 2149)

NRS 562.030 Sheepdefined. As used in this chapter, sheepshall mean animals of the ovine species.

[Part 8:82:1919; 1919 RL p. 3181; NCL 3878](NRS A1961, 545)

NRS 562.040 Personsdeemed owners; joint and several liability. Inany action or proceeding, civil or criminal, arising under this chapter, allpersons having an interest in sheep and controlling the same, concerning whichsuch action or proceeding is had, shall be deemed the owners of such sheep, andshall be liable severally and jointly for a violation of this chapter.

[Part 20:82:1919; 1919 RL p. 3186; NCL 3891]

NRS 562.050 Foreclosureof liens: Procedure; attorneys fees and other costs; remedies cumulative. All liens provided for in this chapter must be foreclosedin the manner provided by chapter 104 of NRS,but the judgment therein must also allow reasonable attorneys fees, courtcosts, penalties and interest, to be fixed by the court. The remedies providedin this chapter are cumulative and not exclusive of any other remedy, form orright of action or proceeding allowed by law.

[27:82:1919; 1919 RL p. 3187; NCL 3898](NRS A1965, 943; 1995, 213)

NRS 562.055 Costsincurred by State Board of Agriculture to enforce provisions of chapter to bepaid by person against whom provisions are enforced.

1. Any costs incurred by the Board that are necessaryfor the enforcement of the provisions of this chapter, including, but notlimited to:

(a) The wages, salaries and benefits paid to theemployees of the Board that are associated with the enforcement of thoseprovisions;

(b) All costs associated with transporting, housing,feeding and caring for sheep that have been seized pursuant to the provisionsof this chapter; and

(c) Any damages to property resulting from the seizureof such sheep,

must be paidby the person against whom the provisions are enforced or the owner or personin charge of the sheep that are seized.

2. The cost of any sheep lost as a result of theirseizure pursuant to the provisions of this chapter must be borne by the ownerof the sheep.

(Added to NRS by 1995, 213)

STATE BOARD OF AGRICULTURE

Enforcement of Provisions of Chapter

NRS 562.130 Employeesand volunteers; employees of State Department of Agriculture to perform certainduties. The Board may:

1. Employ a secretary and such inspectors and otheremployees as it may find necessary to carry out the provisions of this chapter.

2. Prescribe the duties and fix the compensation andtravel and subsistence expenses of its employees and volunteers.

3. Require such bonds from its inspectors as itdetermines necessary.

4. Request the Director of the State Department ofAgriculture to designate, pursuant to NRS561.225, one or more employees of the Department to issue sheep permits.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873](NRS A1995, 85; 1997, 843; 1999,3668; 2003, 2149)

NRS 562.140 Employmentof attorneys; compensation.

1. Whenever the Board deems it necessary, it mayemploy special attorneys to assist in the prosecution of violations orviolators of any of the provisions of this chapter, and also may employattorneys for such other purposes as the Board deems necessary.

2. Such services must be paid for out of any money inthe State Sheep Inspection Account.

[21:82:1919; 1919 RL p. 3186; NCL 3892](NRS A1991, 1792; 1997, 844)

NRS 562.150 Reportsto Governor. The Board shall render a writtenreport of its activities relating to the implementation of this chapter to theGovernor on or before October 31, 2003, and each 2 years thereafter.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873](NRS A1967, 157; 2003, 2149)

Finances

NRS 562.160 Boardto fix rate of annual tax; notice to State Department of Agriculture. Upon receipt of the reports from the State Department ofAgriculture pursuant to NRS 575.180, theBoard shall fix the rate to be levied each year as provided for in NRS 562.170 and shall send notice of it tothe State Department of Agriculture on or before the first Monday in May ofeach year.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873](NRS A1985, 745; 1999, 2779;2001, 1566)

NRS 562.170 Maximumrate of tax; minimum amount of tax; deposit of tax in State Sheep InspectionAccount.

1. Except as otherwise provided in this section, therate of tax fixed by the Board, as provided for in NRS 562.160, must not exceed the equivalentof 18 cents per head on all sheep. The minimum tax that must be paid annuallyby an owner of sheep is $5.

2. The tax paid by an owner of sheep must be depositedin the state or county treasury in which the State Sheep Inspection Account islocated for credit to that Account. The money in the State Sheep InspectionAccount must be made available and disbursed by the proper state or countyofficials upon request of the Board for the purposes provided for in thischapter.

[Part 4:82:1919; A 1945, 81; 1955, 183](NRS A 1959,180; 1961, 545; 1963, 21; 1979, 961; 1983, 403; 1985, 745; 1991, 1792; 1997,844; 2003, 2149)

NRS 562.175 Penaltyfor failure to pay tax; waiver or reduction of interest or penalty; disclosureof waiver or reduction; taxes levied constitute lien until paid.

1. Except as otherwise provided in subsection 2, anyperson who fails to pay any tax levied by the Board pursuant to NRS 562.160 or 567.110, within the time required, shallpay a penalty of not more than 10 percent of the amount of the tax which isowed, in addition to the tax, plus interest at the rate of 1.5 percent permonth, or fraction of a month, from the date the tax was due until the date ofpayment.

2. The Board may, for good cause shown, waive orreduce the payment of the interest or penalty, or both, which is required to bepaid pursuant to subsection 1. The Board shall, upon the request of any person,disclose:

(a) The name of the person whose interest or penaltywas waived or reduced; and

(b) The amount so waived or the amount of thereduction.

3. All taxes levied by the Board on sheep pursuant to NRS 562.160, or on sheep and goats pursuantto NRS 567.110, and all penalties andinterest accrued thereon, constitute a lien upon the sheep, or sheep and goats,respectively, until paid.

(Added to NRS by 1995, 212)

NRS 562.190 Useof legislative appropriation to control losses of sheep from predatory animals. Any funds appropriated to the Board by the Legislature ofthe State of Nevada may, unless otherwise specifically provided by the Legislature,be used by the Board to aid the sheep industry of Nevada in controlling lossesof sheep from predatory animals.

[32:82:1919; added 1951, 210]

NRS 562.195 StateSheep Inspection Account: Agreement with board of county commissioners foradministration; annual statement by county treasurer; reimbursement foradministration; termination of agreement.

1. The Board may enter into a cooperative agreementwith a board of county commissioners for the administration of the State SheepInspection Account. Upon execution of such an agreement the State Controllershall transfer all money in the State Sheep Inspection Account in the StateGeneral Fund to the appropriate county treasurer for credit to the State SheepInspection Account in the county treasury of the county that executed theagreement. The agreement must require the county treasurer to prepare an annualstatement that includes an accounting of revenues and expenditures and thebalance in the State Sheep Inspection Account. The statement must cover themost recent fiscal year and must be submitted, within 90 days after the end ofthat fiscal year, to the county treasurer, the President of the Board, theDirector of the Department of Administration, the State Controller and theLegislative Auditor.

2. The agreement may include a provision forreimbursement of the county by the Board of any reasonable costs ofadministering the Account.

3. Upon termination of an agreement executed pursuantto subsection 1, the county treasurer shall transfer all money in the StateSheep Inspection Account in the county treasury to the State Sheep InspectionAccount in the county treasury of another county that executed an agreementpursuant to subsection 1 or, if no such agreement has been executed, to theState Controller for deposit in the State Sheep Inspection Account in the StateGeneral Fund.

(Added to NRS by 1997, 843)

NRS 562.200 StateSheep Inspection Account: Deposit and disbursement of contributions. All contributions of money which the Board is authorizedto accept and which are made by any organization interested in the welfare ofthe sheep industry must be deposited by the Board with the state or countytreasurer who has custody of the State Sheep Inspection Account for credit tothat Account. The money in the Account must be disbursed by the proper state orcounty officials when ordered by the Board in accordance with the purposes forwhich each contribution was made.

[Part 4:82:1919; A 1945, 81; 1955, 183](NRS A 1979,624; 1991, 1792; 1997, 844)

NRS 562.210 StateSheep Inspection Account: Expenditures by Board for promotion, advancement andprotection of sheep interests.

1. The Board may encourage, promote, advance andprotect the sheep interests of the State and may, directly or indirectly, by expenditureor by payment or otherwise to any association formed for any such purposes orobjects, pay annually, out of the State Sheep Inspection Account, for anyenumerated purposes, not to exceed the equivalent of 10 cents of the levyassessed pursuant to NRS 562.170.

2. The Board is the sole and exclusive judge of theexpenditures of all sums directly or by the payment to any association, club orother organization pursuant to this section.

[10a:82:1919; added 1923, 68; A 1949, 458; 1955,183](NRS A 1959, 180; 1963, 21; 1967, 157; 1979, 961; 1991, 1792; 1997, 844)

NRS 562.220 StateSheep Inspection Account: Payment of salaries, compensation and expenses;limitation on payment of administrative expenses.

1. The salaries, compensation and expenses providedfor in this chapter must be paid out of the State Sheep Inspection Account.

2. Necessary administrative expenses incurred by theBoard in carrying out the provisions of this chapter may be paid from the StateSheep Inspection Account, except that such administrative expenses must notexceed 5 percent of the annual collected tax receipts.

[25:82:1919; A 1945, 81; 1943 NCL 3896](NRS A1991, 1792; 1997, 844; 2003,2150)

NRS 562.230 StateSheep Inspection Account: Payment of vouchers or claims of inspectors; contentsof vouchers or claims. Whenever any inspectorfiles in the office of the State Controller or county treasurer who has custodyof the State Sheep Inspection Account proper vouchers or claims, duly approvedby the Board, setting forth:

1. The name of the inspector;

2. The kind and nature of service rendered;

3. The particular locality where the work was done;

4. The length of time employed;

5. The number of sheep inspected and the name of theowner or person in charge of the sheep;

6. The disease or diseases treated, and the length oftime of the treatment; and

7. The amount claimed for the services,

the StateController or county treasurer shall draw a warrant or check in favor of theinspector, payable out of the money in the State Sheep Inspection Account.

[16:82:1919; 1919 RL p. 3185; NCL 3887](NRS A1991, 1792; 1997, 844)

NRS 562.240 Auditof accounts by Board. All accounts forsalaries and expenses provided for in this chapter shall be periodicallyaudited by the Board.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873]

Powers and Duties

NRS 562.250 Generalpowers of Board concerning sheep industry; powers of and adoption ofregulations by State Quarantine Officer concerning diseases of sheep.

1. Except as otherwise provided in subsection 2, theBoard has exclusive control of all matters pertaining to the sheep industry.

2. The State Quarantine Officer has exclusiveauthority over matters concerning diseases of sheep and may adopt suchregulations as are necessary to carry out his duties pursuant to thissubsection.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873](NRS A 2003, 2150)

NRS 562.260 Divisionof State into districts. The Board shall havethe power to divide the State into such districts as may be necessary for theenforcement of this chapter, which districts shall be under the supervision ofone of the members of the Board.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873]

NRS 562.270 Rulesand regulations. The Board may make andenforce rules and regulations deemed necessary by it for the enforcement of theprovisions of this chapter.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873](NRS A 2003, 2150)

NRS 562.300 Publicationof orders, rules and regulations. All orders,rules or regulations made by the Board must be published at least twice in somenewspaper having a general circulation in the State, which publication shallconstitute legal notice of the order, rule or regulation made to all owners ofsheep and other persons.

[Part 3:82:1919; A 1945, 81; 1943 NCL 3873]

NRS 562.310 Powerto subpoena and examine witnesses and administer oaths. For the purpose of carrying out the provisions of thischapter each member of the Board, and the Secretary of the Board, is authorizedto subpoena and examine witnesses and to administer oaths for the purpose ofsoliciting information to be used in enforcing the provisions of this chapter,and in the furtherance of the quarantine, sanitary and other regulations.

[Part 26:82:1919; 1919 RL p. 3187; NCL 3897]

INSPECTION

NRS 562.460 Brandinspection of sheep and issuance of brand inspection clearance certificate;fee.

1. Each inspector shall:

(a) At therequest of the owner of sheep, perform a brand inspection of the sheep forbrands or marks; and

(b) Upon thecompletion of such an inspection, issue a brand inspection clearancecertificate in accordance with NRS 565.120.

2. The State Department of Agriculture may levy andcollect a reasonable fee for brand inspections as authorized under theprovisions of this chapter. Any fee so levied must be collected in the mannerprescribed by the Director of the Department and deposited into the LivestockInspection Account.

[Part 8:82:1919; 1919 RL p. 3181; NCL 3878](NRS A 2003, 2150)

NRS 562.470 Boardand inspectors to keep record of inspection; contents.

1. The Board and each inspector must keep a record tobe known as the inspection record, in which they must enter their officialacts.

2. Such records shall show:

(a) The name of the owner of every flock of sheepinspected.

(b) The time when and the place where the same wasinspected.

[Part 6:82:1919; A 1945, 81; 1943 NCL 3876]

NRS 562.480 Inspectorsreports to Board. Inspectors shall report tothe Board in writing as often and at such times as may be requested by theBoard.

[7:82:1919; 1919 RL p. 3181; NCL 3877]

NRS 562.490 Inspectorsright of entry for inspection and examination. Inspectorsshall have the right at all times to enter any premises, farms, fields, pens,slaughterhouses, buildings, cars, trucks or railroad cars where any sheep arequartered, for the purpose of examining them to determine whether they are infectedwith any infectious or contagious disease.

[Part 6:82:1919; A 1945, 81; 1943 NCL 3876]

MISCELLANEOUS PROVISIONS

NRS 562.520 Employeesof federal Secretary of Agriculture may come within State for purposes ofsuppression of sheep disease. The Board isauthorized to give its consent that the Secretary of Agriculture and hisemployees shall come within the State of Nevada for the purposes connected withthe exportation of diseased sheep, and for the suppression and extirpation ofpleuropneumonia and other contagious and infectious diseases among sheep.

[23:82:1919; 1919 RL p. 3187; NCL 3894]

NRS 562.530 Federaland state inspectors may call upon peace officers for assistance; penalty forrefusal to comply with orders of officer or inspector.

1. All federal authorities authorized as provided in NRS 562.520, and the various inspectors ofthis State, shall, subject to the approval of the Board, have the power to callupon any constable, sheriff or other peace officer in any county in this Stateto assist them in the discharge of their duties in carrying out the provisionsof this chapter and c. 60, 23 Stat. 32, approved May 29, 1884 (21 U.S.C. 114), and such officers shall assist them when so requested.

2. The federal inspectors shall have the same power toenforce the laws of this State as the various inspectors of the State whenauthorized as provided in NRS 562.520and when engaged in the discharge of their official duties.

3. Any person, company or corporation refusing tocomply with the orders of such officer or federal inspector shall be guilty ofa gross misdemeanor.

[24:82:1919; 1919 RL p. 3187; NCL 3895](NRS A1967, 614)

UNLAWFUL ACTS AND PENALTIES

NRS 562.540 Importationof infected sheep into state unlawful; penalty.

1. It shall be unlawful for any person, company orcorporation, or any agent, servant or employee thereof, to bring into thisstate any sheep infected with scabies or any infectious or contagious disease,or that have in any manner been exposed to such disease.

2. Any person, company or corporation, or any agent,servant or employee thereof, violating the provisions of this section, shall,upon conviction thereof, be punished as provided in NRS 562.560.

[13:82:1919; 1919 RL p. 3184; NCL 3884]

NRS 562.550 Penaltyfor refusal to give information to inspector or giving false information. Any herder or other person in charge of sheep who shallwillfully refuse to give an inspector information as to the condition of sheepin his charge, or shall willfully give false information as to the condition ofsuch sheep, shall be guilty of a gross misdemeanor.

[Part 20:82:1919; 1919 RL p. 3186; NCL 3891](NRS A1967, 615)

NRS 562.555 Sheepin transit through state by railroad; unloading for feed or water; liens;penalty.

1. Any sheep in transit through this state upon anyrailroad train shall not be unloaded from such train for any purpose except forfeeding or water, and shall be held in the feed yards or in grazing groundsthat may be provided by the railroad company carrying the sheep, and shall notbe allowed to leave the same.

2. All expenses of enforcing the provisions of thissection shall be paid by the owner or owners of such sheep, and the same shallbecome a lien upon such sheep until paid.

3. Any person, company or corporation, or any agent,servant or employee of such, who is guilty of a violation of the provisions ofthis section shall, upon conviction thereof, be punished as provided in NRS 562.560.

[17:82:1919; 1919 RL p. 3185; NCL 3888](Substitutedin revision for NRS 562.440)

NRS 562.560 Penaltyfor other violations. Any person, company,corporation or association, or any agent, servant or employee of such, whoshall violate or disregard any quarantine provision of this chapter, or anysanitary or quarantine rule, regulation or order of the Board or inspectorthereof, or any of the provisions of this chapter, shall be guilty of a grossmisdemeanor.

[Part 26:82:1919; 1919 RL p. 3187; NCL 3897](NRS A1967, 615)

 

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