2005 Nevada Revised Statutes - Chapter 571 — Diseased Animals

CHAPTER 571 - DISEASED ANIMALS

GENERAL PROVISIONS

NRS 571.015 Definitions.

NRS 571.016 Alternativelivestock defined.

NRS 571.017 Animaldefined.

NRS 571.018 Departmentdefined.

NRS 571.019 Directordefined.

NRS 571.021 Importationdefined.

NRS 571.022 Livestockdefined.

NRS 571.023 StateQuarantine Officer defined.

NRS 571.025 Infestationwith or exposure to parasite deemed equivalent to infection with or exposure todisease.

SPECIAL TAX ON SPECIFIED LIVESTOCK

NRS 571.035 Maximumrate of tax; minimum tax; deposit in Livestock Inspection Account.

QUARANTINE

NRS 571.045 StateQuarantine Officers power to proclaim and enforce quarantine.

NRS 571.050 Embargoagainst or regulation of importation; amendments.

NRS 571.060 Certifiedcopies of quarantine to be delivered to certain officers.

NRS 571.070 Administration;cooperation with state and federal officers.

NRS 571.080 Treatment,destruction or shipment of animals transported in violation of quarantine.

NRS 571.090 Unlawfulimportation, transportation or delivery in violation of quarantine.

NRS 571.100 Criminalproceedings: Proof of disease or exposure to disease.

NRS 571.110 Penalty.

CONTROL AND ERADICATION OF DISEASES IN ANIMALS

NRS 571.120 Dutiesof state agencies.

NRS 571.130 Adoptionof rules and regulations of federal Secretary of Agriculture relating tocontrol and suppression of disease in animals.

NRS 571.135 Regulationsfor processing of food waste to be fed to livestock, fish or other animals.

NRS 571.140 Inspection,testing, treatment, quarantine and condemnation of animals.

NRS 571.150 Inspection,testing or quarantine of animal infected with or exposed to disease.

NRS 571.160 Noticeto State Quarantine Officer of animal infected with disease; confidentiality ofnotice.

NRS 571.170 Regulationsfor quarantine of diseased animals; expense of treatment, feeding, care andtesting.

NRS 571.180 Removalof quarantined or infected animal or animal product prohibited without permit.

NRS 571.190 Destructionof animal infected with or exposed to disease: Procedure; owners compensation.

NRS 571.200 Disposalof carcass of diseased animal.

NRS 571.210 Bringinganimals from another state: Compliance with regulations; notice; healthcertificate; prohibited importation of certain animals; violation of section.

NRS 571.220 Quarantine,cleaning and disinfection of places where animals handled; payment of expenses.

NRS 571.230 Rightof entry of inspectors.

NRS 571.240 Inspectionof animal about to be removed from State.

NRS 571.250 Penalties.

_________

GENERAL PROVISIONS

NRS 571.015 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS571.016 to 571.023, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1961, 506; A 1993, 433, 1746; 1995,514; 1999, 3685; 2003, 2157)

NRS 571.016 Alternativelivestock defined. Alternative livestockhas the meaning ascribed to it in NRS501.003.

(Added to NRS by 2003, 2156)

NRS 571.017 Animaldefined. Animal means any living creatureother than a member of the human race.

(Added to NRS by 2003, 2156)

NRS 571.018 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 2003, 2156)

NRS 571.019 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 2003, 2156)

NRS 571.021 Importationdefined. Importation means the transportationor movement of animals by any railroad, express company, truckline or othercarrier, or by any persons, by vehicle or otherwise, into this State.

(Added to NRS by 2003, 2156)

NRS 571.022 Livestockdefined. Livestock means:

1. All cattle or animals of the bovine species.

2. All horses, mules, burros and asses or animals ofthe equine species.

3. All swine or animals of the porcine species.

4. All goats or animals of the caprine species.

5. All sheep or animals of the ovine species.

6. All poultry or domesticated fowl or birds.

7. All dogs, cats or other animals domesticated orunder the restraint or control of man.

8. All alternative livestock.

(Added to NRS by 2003, 2156)

NRS 571.023 StateQuarantine Officer defined. State QuarantineOfficer means the Director.

(Added to NRS by 2003, 2157)

NRS 571.025 Infestationwith or exposure to parasite deemed equivalent to infection with or exposure todisease.

1. For the purposes of this chapter, infestation withinternal or external parasites, or exposure to such possible infestation, shallbe deemed equivalent to infection with or exposure to infection with aninfectious, contagious or parasitic disease.

2. The provisions of this chapter applicable toanimals infected with or exposed to infection with any infectious, contagiousor parasitic disease, or to any premises, grounds, cars, vehicles or othercarriers infected or contaminated with any infectious, contagious or parasiticdisease, also apply to any animals, premises, grounds, cars, vehicles, or othercarriers infested with or exposed to infestation or contamination with anyinternal or external parasites.

(Added to NRS by 1961, 507; A 2003, 2157)

SPECIAL TAX ON SPECIFIED LIVESTOCK

NRS 571.035 Maximumrate of tax; minimum tax; deposit in Livestock Inspection Account.

1. Uponapproval of the report of owners of livestock and sheep pursuant to NRS 575.180, the Department shall fix theamount of the annual special tax on each head of the following specifiedclasses of livestock, which, except as otherwise provided in subsection 3, mustnot exceed the following rates per head for each class:

 

Class Rateper head

 

Stock cattle............................................................................................................. $0.28

Dairy cattle................................................................................................................ .53

Horses........................................................................................................................ .75

Mules......................................................................................................................... .75

Burros or asses......................................................................................................... .75

Hogs and pigs.......................................................................................................... .07

Goats.......................................................................................................................... .06

 

2. As used insubsection 1:

(a) Dairycattle are bulls, cows and heifers of the dairy breeds that are more than 6months old.

(b) Stockcattle are:

(1) Steersof any breed and other weaned calves of the beef breeds that are more than 6months old; and

(2) Bulls,cows and older heifers of the beef breeds.

(c) The classesconsisting of horses, mules, and burros and asses exclude animals that are lessthan 1 year old.

3. The minimumspecial tax due annually pursuant to this section from each owner of livestockis $5.

4. Upon thereceipt of payment of the special tax and the report thereof by the StateController, the Department shall credit the amount of the tax as paid on its records.

5. The specialtaxes paid by an owner of livestock, when transmitted to the State Treasurer,must be deposited in the Livestock Inspection Account.

(Added to NRS by 1961, 507; A 1969, 663; 1971, 866;1977, 1321; 1983, 1199; 1985, 747; 1991, 1795; 1993, 1747; 1997, 1205; 1999, 2779, 3686; 2001, 279, 1566)

QUARANTINE

NRS 571.045 StateQuarantine Officers power to proclaim and enforce quarantine.

1. The State Quarantine Officer may proclaim andenforce quarantine against any state, territory or district, or any portion ofany state, territory or district, with respect to the importation into ortransportation through the State of Nevada of animals which may be infectedwith, or which may have been exposed to infection with, any infectious, contagiousor parasitic disease.

2. No quarantine may be issued under the provisions ofNRS 571.045 to 571.110, inclusive, which will conflictwith the provisions of the Constitution of the United States or any Act of theCongress of the United States.

3. A quarantine remains effective until vacated byorder of the State Quarantine Officer.

(Added to NRS by 1961, 507; A 2003, 2157)

NRS 571.050 Embargoagainst or regulation of importation; amendments.

1. Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, may:

(a) Consist of a complete embargo against theimportation into or transportation through the State of any animals soquarantined against; or

(b) Provide for the importation into or transportationthrough the State of any such animals under such rules and regulations as maybe set forth and prescribed in the quarantine at the time the same is issued.

2. Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, remains in force andeffect until removed or modified by the State Quarantine Officer, but:

(a) The State Quarantine Officer may amend from time totime any quarantine so issued; and

(b) Any such amendments must be general in theirapplication and must not apply to any individual shipment or importation.

(Added to NRS by 1961, 508; A 2003, 2158)

NRS 571.060 Certifiedcopies of quarantine to be delivered to certain officers. If a quarantine is declared as provided in NRS 571.045 to 571.110, inclusive, against the importationinto or transportation through this state of any animals from any other state,territory or district or any portion or portions thereof, a certified copy ofthe quarantine must be personally delivered by the State Quarantine Officer orhis representative or mailed by certified or registered mail to each of thefollowing:

1. The governor or the proper quarantine official ofsuch state, territory or district.

2. The United States quarantine official havingjurisdiction over the same character of quarantine.

3. The state agent or other qualified official of anyinterstate railroad, express company or other common carrier doing businesswithin this state.

(Added to NRS by 1961, 508; A 2003, 2158)

NRS 571.070 Administration;cooperation with state and federal officers.

1. The State Quarantine Officer is designated theauthority to administer the provisions of NRS571.045 to 571.110, inclusive.

2. Insofar as practicable, the State QuarantineOfficer, in carrying out the provisions of NRS571.045 to 571.110, inclusive, shallcooperate with the federal authorities and the quarantine officials of theseveral states, territories and districts.

(Added to NRS by 1961, 508)

NRS 571.080 Treatment,destruction or shipment of animals transported in violation of quarantine.

1. Any animals imported into or being transportedthrough this state in violation of any quarantine issued under the provisionsof NRS 571.045 to 571.110, inclusive, must be seizedimmediately by the State Quarantine Officer or his authorized representativeand treated in a manner approved by the State Quarantine Officer, or destroyed,or sent out of the State within 48 hours, at the expense of the owner thereof.

2. When the movement of any animals seized by theState Quarantine Officer, as provided in subsection 1, to some point withoutthe State would further endanger any industry of this state, the animals soseized by the State Quarantine Officer must be destroyed at the expense of theowner.

(Added to NRS by 1961, 508; A 2003, 2158)

NRS 571.090 Unlawfulimportation, transportation or delivery in violation of quarantine. It is unlawful for any railroad, express company or othercommon carrier, or any persons, to import into or transport through the Stateof Nevada any animals in violation of the provisions of NRS 571.045 to 571.110, inclusive, or to make delivery ofany such animals to any persons within the limits of this state.

(Added to NRS by 1961, 509; A 2003, 2158)

NRS 571.100 Criminalproceedings: Proof of disease or exposure to disease. Inany criminal proceeding arising under the provisions of NRS 571.045 to 571.110, inclusive, proof that any animal,prohibited by proclamation of quarantine from importation into ortransportation through this state, was imported into or transported throughthis state in violation of the quarantine shall be deemed proof within themeaning of NRS 571.045 to 571.110, inclusive, that the animal wasdiseased, exposed to disease or infected, or exposed to infection.

(Added to NRS by 1961, 509; A 2003, 2158)

NRS 571.110 Penalty. Any person, corporation, common carrier, agent or employeeof any corporation violating or assisting in violating any of the provisions ofNRS 571.045 to 571.100, inclusive, is guilty of a grossmisdemeanor.

(Added to NRS by 1961, 509)

CONTROL AND ERADICATION OF DISEASES IN ANIMALS

NRS 571.120 Dutiesof state agencies.

1. The Department shall do all things necessary forthe control and eradication of infectious, contagious or parasitic diseases ofanimals.

2. The Director shall cooperate with the Director ofthe Department of Wildlife in a program to prevent the spread of communicablediseases in animals in this State.

(Added to NRS by 1961, 509; A 1989, 1086; 1993, 1747;1999, 3687; 2003, 1582, 2159)

NRS 571.130 Adoptionof rules and regulations of federal Secretary of Agriculture relating tocontrol and suppression of disease in animals. TheState Quarantine Officer may adopt rules and regulations of the Secretary ofAgriculture of the United States relating to the control and suppression ofdisease in animals, and may cooperate with the Secretary of Agriculture and hisofficers in the enforcement of such rules and regulations.

(Added to NRS by 1961, 509; A 2003, 2159)

NRS 571.135 Regulationsfor processing of food waste to be fed to livestock, fish or other animals.

1. The State Quarantine Officer, with the approval ofthe State Board of Agriculture, may adopt such regulations requiring theprocessing of food waste before it is fed to livestock, fish or other animalsas are necessary to prevent the introduction or spread of infectious,contagious or parasitic diseases. The regulations may prescribe a procedure bywhich permits are issued to those persons desiring to process food waste,minimum standards of sanitation are established and periodic inspections of theprocessing facilities are made. The State Quarantine Officer may collect a reasonableannual fee for each permit issued to recover costs incurred by the Departmentin the issuance of permits and the inspection of processing facilities.

2. Any regulation adopted pursuant to this sectiondoes not apply to a person feeding food waste from his household to livestock,fish or other animals being raised on the premises for his consumption.

3. As used in this section, food waste means allwaste material derived in whole or in part from the meat of any animal or otheranimal material, or other refuse associated with any such material, resultingfrom the handling, preparation and consumption of food.

(Added to NRS by 1981, 617; A 1993, 1748; 1999, 3687)

NRS 571.140 Inspection,testing, treatment, quarantine and condemnation of animals. The State Quarantine Officer, or his representatives orhis agents, may inspect, test, treat, quarantine and condemn animals affectedwith any infectious, contagious or parasitic disease, and any such person mayenter upon any ground or premises of this state to enforce the inspection,testing, treatment, quarantine and condemnation laws and all the rules,regulations and orders of the Department.

(Added to NRS by 1961, 509; A 1993, 1748; 1999, 3687; 2003, 2159)

NRS 571.150 Inspection,testing or quarantine of animal infected with or exposed to disease. The State Quarantine Officer may inspect, test orquarantine any animal in the State infected with, suspected of being or whichhave been exposed to an infectious, contagious or parasitic disease, and compeltesting or treatment at such times and as often as he deems necessary to insurethe suppression of disease.

(Added to NRS by 1961, 509; A 2003, 2159)

NRS 571.160 Noticeto State Quarantine Officer of animal infected with disease; confidentiality ofnotice. If any animal becomes infected withany infectious, contagious or parasitic disease as defined by rules andregulations adopted by the State Quarantine Officer, the owner or agent incharge of the infected animal, or any inspector of the Department or anypracticing veterinarian who has knowledge of the infected animal, shallimmediately notify the State Quarantine Officer. A notification of disease receivedpursuant to this section must be kept confidential unless:

1. The reported disease is specifically regulatedpursuant to NRS 571.130 for mandatorycontrol and eradication to protect the public health, other animals or wildlife;or

2. The State Quarantine Officer determines that apublic health emergency exists.

(Added to NRS by 1961, 509; A 1993, 1748; 1999, 1069, 3687; 2001, 279; 2003, 2159)

NRS 571.170 Regulationsfor quarantine of diseased animals; expense of treatment, feeding, care andtesting.

1. If an animal is found diseased, the StateQuarantine Officer may make regulations for its quarantine at once, and he maydefine the place and limits within which the animal may be grazed, herded ordriven. Such an animal may be held in quarantine until released by the StateQuarantine Officer.

2. The expense of treatment, feeding and taking careof animals quarantined under the provisions of NRS 571.120 to 571.250, inclusive, must be paid by theowner or agent in charge of the animals, and such expense is a lien upon theanimals until paid.

3. The expense of testing an animal and the expense ofhandling an animal for the purpose of testing must be paid by the owner oragent in charge of the animal, at the option of the State Quarantine Officer,and such expense is a lien upon the animal until paid.

(Added to NRS by 1961, 509; A 2003, 2159)

NRS 571.180 Removalof quarantined or infected animal or animal product prohibited without permit. Quarantined animals, and any animals or animal productswhich have been, or are suspected to have been, infected with or exposed toinfectious, contagious or parasitic diseases, must not be removed from onepoint to another within any area, or from one area to another, without awritten permit from the State Quarantine Officer.

(Added to NRS by 1961, 510; A 2003, 2160)

NRS 571.190 Destructionof animal infected with or exposed to disease: Procedure; owners compensation.

1. The State Quarantine Officer may order and havedestroyed any animal infected with or exposed to any infectious, contagious orparasitic disease.

2. The Department shall compensate the owners of anyanimal so destroyed separately or jointly with any county or municipality ofthe State or any agency of the Federal Government, the amount of thecompensation to be determined by appraisal before the affected animal isdestroyed.

3. The appraisal must be made by the State QuarantineOfficer or a qualified agent designated by him and the owners or theirauthorized representative. In the event of their failure to reach an agreement,the two so selected shall designate a disinterested person, who by reason ofexperience in such matters is a qualified judge of values of animals, to actwith them. The judgment of any two such appraisers is binding and final uponall persons.

4. The total amount received by the owners of anyanimal so destroyed, including compensation paid by the Department, any countyor municipality or any agency of the Federal Government or any company thatinsures animals, and the salvage received from the sale of hides or carcassesor any other source, combined, must not exceed the actual appraised value ofthe destroyed animal.

5. Any natural person or corporation purchasing anyanimal which was at the time of purchase under quarantine by any state, countyor municipal authorities or any agency of the Federal Government authorized tolay such quarantine, or who purchases any animal which due diligence andcaution would have shown to be diseased or which was shipped or transported inviolation of the rules and regulations of any agency of the Federal Governmentor the State of Nevada, is not entitled to receive compensation, and theDepartment may order the destruction of the animal without making anycompensation to the owner.

6. No payment may be made hereunder as compensationfor or on account of any such animal destroyed if, at the time of inspection ortest of the animal or at the time of the ordered destruction thereof, theanimal belongs to or is upon the premises of any person, firm or corporation towhich the animal has been sold, shipped or delivered for slaughter.

7. In no case may any payment by the Departmentpursuant to the provisions of this section be made unless the owner hascomplied with all quarantine rules and regulations of the Department.

(Added to NRS by 1961, 510; A 1993, 1748; 1999, 3687; 2003, 2160)

NRS 571.200 Disposalof carcass of diseased animal.

1. The owner or agent in charge of any animal that hasdied or has been killed as a result of any infectious, contagious or parasiticdisease shall immediately bury the carcass thereof at least 3 feet undergroundor cause the carcass to be consumed by fire, and the carcass must not be soldor given away.

2. In order to carry out the requirements ofsubsection 1, the carcass may be conveyed on a public highway or public road,or conveyed on land not owned by the owner or agent, in accordance with rulesand regulations promulgated by the State Quarantine Officer.

3. The expense of burying, burning or conveying thecarcass must be paid by the owner or agent, and such expense is a lien uponremaining animals or other real or personal property of the owner or agent untilpaid.

(Added to NRS by 1961, 511; A 2003, 2161)

NRS 571.210 Bringinganimals from another state: Compliance with regulations; notice; healthcertificate; prohibited importation of certain animals; violation of section.

1. Except as otherwise provided in this section, aperson, his agent or employee may bring into this State any animal not underspecial quarantine by the State of Nevada, the Federal Government, or thestate, territory or district of origin in compliance with regulations adoptedby the State Quarantine Officer.

2. Notice that an animal is in transit is not requiredunless the animal remains in this State, or is to be unloaded in this State tofeed and rest for longer than 48 hours.

3. A person, his agent or employee shall not bring anyanimal into this State unless he has obtained a health certificate showing thatthe animal is free from contagious, infectious or parasitic diseases orexposure thereto. This requirement does not apply to any animal whoseaccustomed range is on both sides of the Nevada state line and which is beingmoved from one portion to another of the accustomed range merely for pasturingand grazing thereon. The State Quarantine Officer shall adopt regulationsconcerning the form of the certificate.

4. A person, his agent or employee shall not:

(a) Alter a health certificate; or

(b) Divert any animal from the destination described onthe health certificate without notifying the State Quarantine Officer within 72hours after the diversion of the animal.

5. To protect this State from the effects of chronicwasting disease, a person, his agent or employee shall not bring into thisState any live:

(a) Rocky Mountain elk (Cervus elaphus nelsoni);

(b) Mule deer (Odocoileus hemionus);

(c) White-tailed deer (Odocoileus virginianus);or

(d) Other animal that the State Quarantine Officer has,by regulation, declared to be susceptible to chronic wasting disease andprohibited from importation into this State.

6. Any animal brought into this State in violation ofthis section may be seized, destroyed or sent out of this State by the StateQuarantine Officer within 48 hours. The expense of seizing, destroying orremoving the animal must be paid by the owner or his agent in charge of theanimal and the expense is a lien on the animal, unless it was destroyed, untilpaid.

(Added to NRS by 1961, 511; A 1983, 1009; 1985, 347; 2003, 2161; 2005, 204)

NRS 571.220 Quarantine,cleaning and disinfection of places where animals handled; payment of expenses.

1. The State Quarantine Officer shall quarantine anycorrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicleswhere any animal may have been handled, and compel the cleaning anddisinfecting of such places or vehicles when deemed necessary for the purposesof this chapter.

2. Where owners or persons in charge of such places orvehicles refuse to clean and disinfect them, an inspector may take charge ofsuch places or vehicles and cause them to be cleaned and disinfected. Theexpense of such cleaning and disinfecting must be paid by the owners or personsin charge, and is a lien upon such corrals, pens, slaughterhouses, buildings,places, cars, trucks or vehicles until the expense is paid.

(Added to NRS by 1961, 511; A 2003, 2162)

NRS 571.230 Rightof entry of inspectors. Inspectors may at alltimes enter any premises, farms, fields, corrals, pens, slaughterhouses,buildings, places, cars, trucks or vehicles where any animal is quartered forthe purpose of examining such places, vehicles or animals to determine whetherthey are affected with any infectious, contagious or parasitic disease.

(Added to NRS by 1961, 511; A 2003, 2162)

NRS 571.240 Inspectionof animal about to be removed from State.

1. Inspectors may inspect any animal about to beshipped, driven, transported or otherwise removed from the State.

2. Consignors, possessors or persons in charge of suchan animal shall, upon demand, fully establish title to the animal or the legalright to so ship, transport, drive or otherwise remove the animal from theState.

(Added to NRS by 1961, 511; A 2003, 2162)

NRS 571.250 Penalties. Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing, refusing orneglecting to perform or observe any conditions, orders, rules or regulationsprescribed by the State Quarantine Officer in accordance with the provisions ofNRS 571.120 to 571.240, inclusive, is guilty of amisdemeanor and, in addition to any criminal penalty, shall pay to theDepartment an administrative fine of not more than $1,000 per violation. If anadministrative fine is imposed pursuant to this section, the costs of theproceeding, including investigative costs and attorneys fees, may be recoveredby the Department.

(Added to NRS by 1961, 512; A 1993, 900; 1995, 548; 1999, 3688)

 

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