2005 Nevada Revised Statutes - Chapter 565 — Inspection of Brands

CHAPTER 565 - INSPECTION OF BRANDS

NRS 565.010 Definitions.

NRS 565.030 Administrationand enforcement by Department.

NRS 565.040 Creationof brand inspection districts; animals subject to inspection; adoption andpublication of regulations.

NRS 565.070 Feesfor brand inspection.

NRS 565.090 Removalof animals from brand inspection district without clearance certificate orpermit unlawful; notice of contemplated movement; applicability of section;penalty; regulations for permit to move livestock without brand inspection.

NRS 565.100 Unlawfulto consign for slaughter, slaughter or transfer ownership within brand inspectiondistrict without inspection and issuance of clearance certificate.

NRS 565.110 Assemblyof animals for brand inspection.

NRS 565.120 Brandinspection clearance certificate: Issuance upon completion of inspection;contents; disposition of copies of certificate.

NRS 565.125 Seizureof privately owned animals by governmental entity; approval of seizure bycourt; submission of order of court to Department.

NRS 565.130 Refusalto issue certificate or permit: Grounds; duty of Department and inspector toprevent unlawful removal of animals.

NRS 565.140 Inspectorto give notice to legal owner upon discovery of animals in possession ofanother; contents of notice.

NRS 565.150 Seizureand disposal of animals by inspector when legal ownership cannot be determined.

NRS 565.155 Enforcementof chapter.

NRS 565.160 Rightof Department to inspect animals under other laws unaffected.

NRS 565.170 Penalties.

_________

NRS 565.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Animals means:

(a) All cattle or animals of the bovine species exceptdairy breed calves under the age of 1 month.

(b) All horses, mules, burros and asses or animals ofthe 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 eachanimal offered for such inspection and an examination of any brands, marks orother characteristics thereon.

3. Department means the State Department ofAgriculture.

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 Administrationand enforcement by Department. The Departmentis designated as the authority to administer, and carry out and enforce theprovisions 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 Creationof brand inspection districts; animals subject to inspection; adoption andpublication of regulations.

1. The Director may declare any part of this State abrand inspection district.

2. After the creation of any brand inspection districtas authorized by this chapter, all animals within any such district are subjectto 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 notauthorized pursuant to a livestock movement permit issued by the Department.

3. If a brand inspection district is created by theDepartment pursuant to the provisions of this chapter, the Director shall adoptregulations defining the boundaries of the district and the fees to becollected for brand inspection and prescribing such other methods of procedurenot inconsistent with the provisions of this chapter as he considers necessary.

4. Any regulations adopted pursuant to the provisionsof this section must be published at least twice in a newspaper having ageneral circulation in the brand inspection district created by theregulations, and copies of the regulations must be mailed to all commoncarriers of record with the Transportation Services Authority operating in thebrand inspection district. Such publication and notification constitutes legalnotice of the creation of the brand inspection district. The expense of advertisingand 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)

NRS 565.070 Feesfor brand inspection. The Department may levyand collect a reasonable fee for brand inspection as required under theprovisions of this chapter. Any fee so levied must be collected in the mannerprescribed by the Director.

[8:145:1929; NCL 3856](NRS A 1959, 417; 1961, 541;1969, 138; 1993, 1740; 1999,3678)

NRS 565.090 Removalof animals from brand inspection district without clearance certificate or permitunlawful; 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 and6, it is unlawful for any person to drive or otherwise remove any animals outof a brand inspection district created under the provisions of this chapteruntil the animals have been inspected and a brand inspection clearancecertificate is issued by the Department or a written permit from the Departmenthas been issued authorizing the movement without brand inspection.

2. Any person contemplating the driving or movement ofany animals out of a brand inspection district shall notify the Department oran inspector thereof of his intention, stating:

(a) The place at which it is proposed to cross theborder 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 eachowner and, if they are other than the brands and marks legally recorded in thename of the owner, information concerning the basis for the claim of ownershipor legal possession.

(e) The date of the proposed movement across the borderof the brand inspection district and the destination of the movement.

(f) If a brand inspection is required, a statementsetting forth the place where the animals will be held for brand inspection.

3. The provisions of this section do not apply toanimals whose accustomed range is on both sides of the boundary of any brandinspection district but contiguous to that district and which are being movedfrom one portion of the accustomed range to another merely for pasturing andgrazing thereon.

4. The provisions of this section apply at all timesto the movement of any animals across the Nevada state line to any point outsideof the State of Nevada, except animals whose accustomed range is on both sidesof the Nevada state line but contiguous thereto and which are being moved fromone portion to another of the accustomed range merely for pasturing and grazingthereon.

5. In addition to the penalty imposed in NRS 565.170, a person who violates theprovisions of subsection 1 is:

(a) For the first violation, subject to an immediatebrand inspection of the animals by the Department and shall reimburse theDepartment for its time and mileage and pay the usual fees for the brandinspection.

(b) For the second and any subsequent violation,ineligible for a permit to move any livestock without a brand inspection untilthe State Board of Agriculture is satisfied that any future movement willcomply with all applicable statutes and regulations.

6. The Department may establish regulations specifyingthe circumstances under which a permit may be issued authorizing the movementof livestock without a brand inspection pursuant to this section. Thecircumstances may include, without limitation, the routine movement of horsesand bulls within and from this State for the purpose of participating in arodeo.

[5:145:1929; NCL 3853](NRS A 1961, 542; 1983,1008; 1993, 1740; 1995, 876; 1999, 3678)

NRS 565.100 Unlawfulto consign for slaughter, slaughter or transfer ownership within brandinspection district without inspection and issuance of clearance certificate. It is unlawful for any person to consign for slaughter, orslaughter at an approved plant, or transfer ownership of any animals by sale orotherwise within any brand inspection district created under the provisions ofthis chapter, until the animals have been inspected by an inspector of theDepartment and a brand inspection clearance certificate issued covering theanimals.

[5.1:145:1929; added 1956, 55](NRS A 1961, 543;1971, 120; 1993, 1741; 1999,3679)

NRS 565.110 Assemblyof animals for brand inspection. Except asotherwise provided in NRS 565.090, aperson intending to move, drive, ship or transport by common carrier, orotherwise, any animals out of any brand inspection district created under theprovisions of this chapter shall assemble and hold them at some convenient andadequate place for such brand inspection as may be required until the animalshave 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 Brandinspection clearance certificate: Issuance upon completion of inspection;contents; disposition of copies of certificate.

1. Upon the completion of brand inspection, theinspector of the Department shall, except as otherwise provided in thischapter, issue a brand inspection clearance certificate on which must beentered:

(a) The name and address of the person claiming to ownthe 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 marksthereon.

(e) The amount of the inspection fee or fees collected.

(f) The signature of the owner or his authorized agent.

2. One copy of the brand inspection certificate mustbe delivered to the common carrier undertaking to transport the animals out ofthe brand inspection district for attachment to its waybill, or to the personintending to drive, move or otherwise transport the animals out of the brandinspection district other than by common carrier to accompany the animals todestination, and one copy must be immediately forwarded to the office of theDepartment.

[Part 7:145:1929; NCL 3855](NRS A 1961, 543; 1993,1741; 1999, 3679)

NRS 565.125 Seizureof privately owned animals by governmental entity; approval of seizure bycourt; submission of order of court to Department.

1. Notwithstanding any provision of this chapter tothe contrary, if a governmental entity seizes any privately owned animalssubject to brand inspection pursuant to this chapter, the Department or itsauthorized inspector shall not issue brand inspection clearance certificates orpermits to remove the animals from a brand inspection district or for thetransfer of ownership of the animals by sale or otherwise unless:

(a) Before the seizure, the governmental entity obtainsapproval for the seizure from a court of competent jurisdiction; and

(b) The governmental entity submits a copy of the orderapproving 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 theDepartment pursuant to NRS 575.060; or

(e) An animal that is seized by a governmental entityto protect the health and safety of the public or to prevent cruelty to animals.

(Added to NRS by 2005, 1238)

NRS 565.130 Refusalto issue certificate or permit: Grounds; duty of Department and inspector toprevent unlawful removal of animals.

1. The Department or its authorized inspector shallrefuse to issue brand inspection clearance certificates or permits to removeanimals from a brand inspection district without brand inspection as providedin this chapter, subject to brand inspection under the provisions of thischapter, not bearing brands or brands and marks of legal record in the name ofthe person claiming lawful possession of and applying for inspection of theanimals, until satisfactory evidence of the right to legal possession of theanimals and shipment or removal from the brand inspection district has beensupplied to the Department or its authorized inspector.

2. The Department and its authorized inspector shalluse all due vigilance to prevent the unlawful removal by any person of anyanimals from any brand inspection district created under the provisions of thischapter.

[9:145:1929; NCL 3857](NRS A 1961, 544; 1993,1742; 1999, 3680)

NRS 565.140 Inspectorto give notice to legal owner upon discovery of animals in possession ofanother; contents of notice.

1. Whenever, incident to any brand inspection underthe provisions of this chapter, any inspector shall find in the possession ofany person or persons offering animals for inspection any animals to which suchperson or persons cannot establish their legal ownership or right of possessionand the inspector shall be able to determine by means of the brands or brandsand marks on such animal or animals, or upon other reliable evidence, theactual legal owner or owners of such animal or animals, the inspector shallimmediately notify such legal owner or owners in writing of his findings.

2. The inspector shall include in such notice:

(a) The date and place where such animal or animalswere found.

(b) A full description of the same.

(c) The name and address of any person or persons inwhose possession they were found.

(d) All other information which may aid the legal owneror owners of such animal or animals in securing the return thereof orcompensation therefor, or in any civil suit or criminal prosecution relatingthereto.

[10:145:1929; NCL 3858](NRS A 1961, 544)

NRS 565.150 Seizureand disposal of animals by inspector when legal ownership cannot be determined.

1. Whenever, incident to any brand inspection underthe provisions of this chapter, any inspector shall find in the possession ofany persons offering animals for inspection any animals to which such person orpersons cannot establish their legal ownership or right to possession, and theinspector shall be unable to determine by means of the brands or brands andmarks 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 safeguardthe legal owners of the animals, if known to the inspector, against their loss,the inspector shall immediately seize and take possession of such animals andproceed 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 inno way relieve the persons in whose possession the animals were found of anycivil or criminal liability arising out of the unlawful removal of such animalsfrom the grazing commons or the unlawful possession of the same.

[11:145:1929; NCL 3859](NRS A 1961, 545)

NRS 565.155 Enforcementof chapter. In addition to enforcing the provisionsof this chapter through its inspectors, the Department may:

1. Authorize other peace officers to enforce theprovisions of this chapter; and

2. Adopt regulations specifying the procedures for theenforcement of the provisions of this chapter by the inspectors of theDepartment and other peace officers.

(Added to NRS by 1971, 255; A 1989, 339; 1993, 1742,2541; 1995, 703; 1999,3680)

NRS 565.160 Rightof Department to inspect animals under other laws unaffected. The provisions of this chapter do not affect the right ofthe Department conferred by any other law to inspect any animals for thedetermination of the ownership thereof, or for any other purpose under theprovisions 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 thischapter:

1. Is guilty of a misdemeanor, and upon convictionthereof shall be punished as provided by law.

2. In addition to any criminal penalty, shall pay tothe Department an administrative fine of not more than $1,000 per violation.

If anadministrative fine is imposed pursuant to this section, the costs of the proceeding,including investigative costs and attorneys fees, may be recovered by theDepartment.

[14:145:1929; A 1956, 55](NRS A 1993, 899; 1995,548; 1999, 3680)

 

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