2005 Nevada Revised Statutes - Chapter 576 — Livestock and Farm Products: Dealers, Brokers, Commission Merchants, Cash Buyers and Agents; Alternative Livestock

CHAPTER 576 - LIVESTOCK AND FARM PRODUCTS:DEALERS, BROKERS, COMMISSION MERCHANTS, CASH BUYERS AND AGENTS; ALTERNATIVELIVESTOCK

NRS 576.010 Definitions.

NRS 576.0115 Agentdefined.

NRS 576.012 Alternativelivestock defined.

NRS 576.0125 Brokerdefined.

NRS 576.013 Cashbuyer defined.

NRS 576.0135 Commissionmerchant defined.

NRS 576.014 Consignordefined.

NRS 576.0145 Dealerdefined.

NRS 576.015 Departmentdefined.

NRS 576.0152 Directordefined.

NRS 576.0155 Farmproducts defined.

NRS 576.016 Fixedand established place of business defined.

NRS 576.0165 Immediateresale defined.

NRS 576.017 Livestockdefined.

NRS 576.018 Producerdefined.

NRS 576.020 Actingas broker, dealer, commission merchant or agent without license prohibited;license not required for cash buyer or agent of cash buyer.

NRS 576.030 Applicationfor license: Contents; additional requirements for commission merchants andagents; appointment of Director as attorney upon whom process may be served.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 576.030 Applicationfor license: Contents; additional requirements for commission merchants andagents; appointment of Director as attorney upon whom process may be served.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 576.032 Additionalrequirements for issuance and renewal of license: Statement regardingobligation of child support; grounds for denial of license; duty of Department.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 576.035 Applicantto make showing of character, responsibility and good faith.

NRS 576.040 Bondsand other security; penalty for selling or encumbering security for bond.

NRS 576.042 Civilaction for misrepresentation or fraud; limitation of actions; service ofprocess.

NRS 576.045 Retentionof money or securities deposited in lieu of bond after operations cease.

NRS 576.048 Revocationfor default; publication of notice of revocation.

NRS 576.050 Annuallicense fee.

NRS 576.060 Investigationof applicant; issuance of license. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreational licensesfor child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

NRS 576.060 Investigationof applicant; issuance of license. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 576.080 Formand contents of licenses.

NRS 576.090 Expirationof licenses.

NRS 576.095 Licensingof other classifications without payment of fee.

NRS 576.100 Agents:Designation; licensing; notice to Department; responsibility of principal;application.

NRS 576.110 Investigationof transactions involving farm products.

NRS 576.120 Groundsfor refusing to grant or renew or for suspension or revocation of license orregistration; notice and hearing.

NRS 576.121 Mandatorysuspension of license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of license. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional, occupationaland recreational licenses for child support arrearages and for noncompliancewith certain processes relating to paternity or child support proceedings.]

NRS 576.123 Recordsof commission merchants, dealers and brokers.

NRS 576.125 Accountingand remittances by commission merchants; records of sales; payments by dealers;penalties for nonpayment.

NRS 576.127 Cargomanifests required to be carried on motor vehicles operated by dealers andcommission merchants; suspension or cancellation of license for falsestatements on manifest.

NRS 576.128 Certificationas actual producer of agricultural product: Regulations of Department; fees forcertification; exemption from certain taxes and fees.

NRS 576.129 Alternativelivestock: Permit required; regulations of State Board of Agriculture.

NRS 576.131 Alternativelivestock: Recapture of escaped livestock; impoundment; liability of owner.

NRS 576.133 Ceaseand desist orders.

NRS 576.135 Injunctions;restraining orders.

NRS 576.137 Exemptionfor cash buyer purchasing for own use.

NRS 576.140 Inapplicabilityof chapter.

NRS 576.150 Civiland criminal penalties; venue.

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NRS 576.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS576.0115 to 576.018, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1959, 557; A 1960, 415; 1961, 557;1963, 388; 1965, 388; 1985, 528; 1993, 436, 1736; 1995, 514; 1999, 3703)

NRS 576.0115 Agentdefined. Agent means any person who, onbehalf of any commission merchant, dealer or broker, receives, contracts for orsolicits the sale, exchange or transfer of farm products or livestock from aproducer thereof, or who negotiates the consignment or purchase of any farmproduct or livestock on behalf of any commission merchant, dealer or broker.

(Added to NRS by 1993, 434; A 2005, 478)

NRS 576.012 Alternativelivestock defined. Alternative livestockhas the meaning ascribed to it in NRS501.003.

(Added to NRS by 1993, 434)

NRS 576.0125 Brokerdefined. Broker means any person other thana dealer, commission merchant or cash buyer, who negotiates the purchase orsale of any farm product and who does not handle either the farm productinvolved or the proceeds of a sale.

(Added to NRS by 1993, 434)

NRS 576.013 Cashbuyer defined. Cash buyer means any personother than a commission merchant, dealer or broker, who purchases or offers topurchase any farm products or livestock for the purpose of processing or resaleand who pays for the farm products or livestock in lawful money of the UnitedStates or by certified check at the time of purchase or delivery thereof, or atthe time the price of the farm products or livestock may be determined, if theprice or value thereof is subject to determination by inspection, grade or packout.

(Added to NRS by 1993, 434)

NRS 576.0135 Commissionmerchant defined. Commission merchant meansany person other than a dealer, broker or cash buyer, who receives on consignmentor solicits from the producer thereof for the purpose of resale, or who sellsor offers for sale on commission any farm product or livestock, or who in anyway handles for the account of, or as an agent of, the producer thereof on acommission basis any farm products or livestock.

(Added to NRS by 1993, 434)

NRS 576.014 Consignordefined. Consignor means any person whoships or delivers to any commission merchant or dealer any farm products for handling,sale or resale.

(Added to NRS by 1993, 435)

NRS 576.0145 Dealerdefined. Dealer means any person other thana commission merchant, broker or cash buyer, who solicits, contracts for orobtains from the producer, agent or consignee thereof title, possession orcontrol of any farm product or livestock, or who buys or agrees to buy any farmproduct or livestock from the producer thereof.

(Added to NRS by 1993, 435)

NRS 576.015 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 1993, 435; A 1995, 514; 1999, 3703)

NRS 576.0152 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1999, 3703)

NRS 576.0155 Farmproducts defined. Farm products includesall agricultural, horticultural, viticultural and vegetable products of thesoil, poultry and poultry products, livestock and livestock products and hay.The term does not include timber products or milk and milk products.

(Added to NRS by 1993, 435)

NRS 576.016 Fixedand established place of business defined. Fixedand established place of business means any warehouse, building, storeroom orstockyard, either owned or leased, at which the owner conducts a legitimatepermanent business in good faith, and at which stocks of farm products orlivestock are kept in quantities usually carried and reasonably adequate tomeet the requirements of the business therein conducted.

(Added to NRS by 1993, 435)

NRS 576.0165 Immediateresale defined. Immediate resale means asale of farm products or livestock made within 60 days after the purchasethereof.

(Added to NRS by 1993, 435)

NRS 576.017 Livestockdefined. Livestock includes all kinds andages, and both sexes, singular and plural, of the bovine and equine species andsheep, goats and hogs.

(Added to NRS by 1993, 435)

NRS 576.018 Producerdefined. Producer means any person engagedin the business of growing or producing any farm product.

(Added to NRS by 1993, 435)

NRS 576.020 Actingas broker, dealer, commission merchant or agent without license prohibited;license not required for cash buyer or agent of cash buyer.

1. A person shall not act asa broker, dealer, commission merchant or agent without having obtained alicense from the Department as provided in this chapter.

2. A cash buyer or an agent of a cash buyer is notrequired to obtain a license pursuant to this chapter before acting as a cashbuyer or an agent of a cash buyer.

(Added to NRS by 1959, 557; A 1960, 416; 1961, 558;1965, 389; 1993, 1764; 1999,3703; 2005, 479)

NRS 576.030 Applicationfor license: Contents; additional requirements for commission merchants andagents; appointment of Director as attorney upon whom process may be served.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. Every person, before acting as a broker, dealer,commission merchant or agent, shall file an application with the Department fora license to transact such business. Separate applications must be filed foreach class of business.

2. The application must be on a form prescribed andfurnished by the Department and must set forth:

(a) The full name of the person applying for thelicense. If the applicant is a firm, exchange, association or corporation, thefull name of each member of the firm, or the names of the officers of theexchange, association or corporation must be given in the application.

(b) If the applicant is a natural person, the socialsecurity number of the applicant.

(c) The principal business address of the applicant inthis State and elsewhere.

(d) The name of the person authorized to accept serviceof summons and legal notice of all kinds for the applicant.

(e) The names and addresses of all persons by whom theapplicant has been employed for a period of 3 years immediately preceding themaking of the application.

(f) A complete statement of the applicants businessactivity for the 3 years immediately preceding the making of the applicationwhich is not covered by paragraph (e).

(g) A statement of whether the applicant has ever beenarrested for any crime other than a traffic violation punishable by a fine of$25 or less and, if so, when and where, the nature of the crime charged, thedisposition of the charge, the title and address of the police officers havingcustody of the record of arrest, and the names and locations of all the courtsbefore which any proceedings in connection with the arrest took place.

(h) A statement of whether the applicant has ever beena party in a civil suit and, if so, the nature of the suit, whether theapplicant was the plaintiff or the defendant, the disposition of the suit, and,if the applicant was the defendant and lost, whether there is a judgment or anyportion thereof which remains unpaid.

(i) The county or counties in which the applicantproposes to engage in business.

(j) The class or classes of farm products the applicantproposes to handle.

(k) Such other information as the Department mayreasonably require.

3. In addition to the general requirements applicableto all classes of applications as set forth in subsection 2, the followingrequirements apply to the class of applications specified in this subsection:

(a) Commission merchants. Each application must includea complete schedule of commissions and an itemized listing of all charges forall services. Any services rendered for which charges are made, if not listedin the schedule on the application, must be rendered on a strictly cost basis.

(b) Agents. Each application must be in the same formas an application for a license as a broker, dealer or commission merchant, andmust include the name and address of the broker, dealer or commission merchantrepresented or sought to be represented by the agent, and the writtenendorsement or nomination of the broker, dealer or commission merchant.

4. The application must be accompanied by an executedinstrument whereby the applicant:

(a) Appoints and constitutes the Director and hissuccessor or successors in office the true and lawful attorney of the applicantupon whom all lawful process in any action or legal proceeding against theapplicant arising in this State from a transaction under the provisions of thischapter may be served; and

(b) Agrees that any lawful process against him whichmay be served upon his attorney as provided in this subsection is of the sameforce and validity as if served upon him and that the authority thereofcontinues in force irrevocably as long as any liability of the applicant in theState remains outstanding.

(Added to NRS by 1959, 557; A 1960, 416; 1961, 558;1963, 389; 1965, 389; 1967, 1195; 1993, 437, 1764; 1995, 514; 1997, 2094; 1999, 3703; 2005, 479)

NRS 576.030 Application for license: Contents;additional requirements for commission merchants and agents; appointment ofDirector as attorney upon whom process may be served. [Effective on the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. Every person, before acting as a broker, dealer,commission merchant or agent, shall file an application with the Department fora license to transact such business. Separate applications must be filed foreach class of business.

2. The application must be on a form prescribed andfurnished by the Department and must set forth:

(a) The full name of the person applying for thelicense. If the applicant is a firm, exchange, association or corporation, thefull name of each member of the firm, or the names of the officers of theexchange, association or corporation must be given in the application.

(b) The principal business address of the applicant inthis State and elsewhere.

(c) The name of the person authorized to accept serviceof summons and legal notice of all kinds for the applicant.

(d) The names and addresses of all persons by whom theapplicant has been employed for a period of 3 years immediately preceding themaking of the application.

(e) A complete statement of the applicants business activityfor the 3 years immediately preceding the making of the application which isnot covered by paragraph (d).

(f) A statement of whether the applicant has ever beenarrested for any crime other than a traffic violation punishable by a fine of$25 or less and, if so, when and where, the nature of the crime charged, thedisposition of the charge, the title and address of the police officers havingcustody of the record of arrest, and the names and locations of all the courtsbefore which any proceedings in connection with the arrest took place.

(g) A statement of whether the applicant has ever beena party in a civil suit and, if so, the nature of the suit, whether theapplicant was the plaintiff or the defendant, the disposition of the suit, and,if the applicant was the defendant and lost, whether there is a judgment or anyportion thereof which remains unpaid.

(h) The county or counties in which the applicantproposes to engage in business.

(i) The class or classes of farm products the applicantproposes to handle.

(j) Such other information as the Department mayreasonably require.

3. In addition to the general requirements applicableto all classes of applications as set forth in subsection 2, the followingrequirements apply to the class of applications specified in of thissubsection:

(a) Commission merchants. Each application must includea complete schedule of commissions and an itemized listing of all charges forall services. Any services rendered for which charges are made, if not listedin the schedule on the application, must be rendered on a strictly cost basis.

(b) Agents. Each application must be in the same formas an application for a license as a broker, dealer or commission merchant, andmust include the name and address of the broker, dealer or commission merchantrepresented or sought to be represented by the agent, and the writtenendorsement or nomination of the broker, dealer or commission merchant.

4. The application must be accompanied by an executedinstrument whereby the applicant:

(a) Appoints and constitutes the Director and hissuccessor or successors in office the true and lawful attorney of the applicantupon whom all lawful process in any action or legal proceeding against theapplicant arising in this State from a transaction under the provisions of thischapter may be served; and

(b) Agrees that any lawful process against him whichmay be served upon his attorney as provided in this subsection is of the sameforce and validity as if served upon him and that the authority thereofcontinues in force irrevocably as long as any liability of the applicant in theState remains outstanding.

(Added to NRS by 1959, 557; A 1960, 416; 1961, 558;1963, 389; 1965, 389; 1967, 1195; 1993, 437, 1764; 1995, 514; 1997, 2094; 1999, 3703; 2005, 479, 480, effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings)

NRS 576.032 Additionalrequirements for issuance and renewal of license: Statement regardingobligation of child support; grounds for denial of license; duty of Department.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. A naturalperson who applies for the issuance or renewal of a license as a broker,dealer, commission merchant or agent shall submit to the Department thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Department shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Department.

3. A license as a broker, dealer, commission merchantor agent may not be issued or renewed by the Department if the applicant is anatural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Department shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2093; A 1999, 3704; 2005, 481)

NRS 576.035 Applicantto make showing of character, responsibility and good faith.

1. The Department shall require the applicant for alicense as a broker, dealer, commission merchant or agent to make a showing ofcharacter, responsibility and good faith in seeking to carry on the businessstated in the application, and may make investigations, hold hearings and makedeterminations regarding those matters.

2. If the applicant is a corporation or partnership,it shall satisfy the Department of the character, responsibility and good faithof all persons connected with it in a responsible or managing position,including the manager, superintendent, officer and director.

3. Failure of any person to satisfy the Department ofhis character, responsibility or good faith may be considered by the Departmentas adverse to a showing of such qualifications and is sufficient grounds forthe denial of an application for a license or of the renewal thereof. Aprevious conviction of a felony, previous bankruptcy, voluntary or involuntary,or previous violation of this chapter may be considered by the Department asadverse to a showing of such character, responsibility or good faith on thepart of the applicant.

4. Any person adjudged a bankrupt, or any personagainst whose bondsman or bondsmen or deposit in lieu of bond a claim has beencollected by a court order, who has not made full settlement with allproducer-creditors, may not be licensed by the Department for 3 years after thedate of the adjudication or collection.

5. The Department may refuse to accept a newapplication for a license by an applicant rejected pursuant to this section fora period not exceeding 3 years after the date of rejection of the firstapplication.

(Added to NRS by 1965, 394; A 1967, 1196; 1993, 1765;1999, 3705; 2005, 482)

NRS 576.040 Bondsand other security; penalty for selling or encumbering security for bond.

1. Each applicantto whom a license to act as a dealer, broker or commission merchant is issuedshall:

(a) File one ofthe following:

(1) A bondof a surety company authorized to do business in this state.

(2) A bondwith individual sureties owning unencumbered real property within this statesubject to execution and worth, above all exemptions, double the amount of thebond.

(3) Apersonal bond secured by a first deed of trust on real property within thisstate which is subject to execution and worth, above all exemptions, double theamount of the bond. If the applicant files the bond with the Department, heshall also file a policy of title insurance on the real property from a titleinsurance company licensed in this state which states that the property is freeand clear of all encumbrances and liens other than the first deed of trust. Theapplicant shall certify under oath that the property is worth at least twicethe amount of the bond and that it is unencumbered. The certificate must beapproved by the Department.

The bond must be in the form prescribed by, and to thesatisfaction of, the Department, conditioned for the payment of a judgmentagainst the applicant and arising out of the failure of the applicant or hisagent to conduct his business in accordance with the provisions of thischapter, or for nonpayment of obligations in connection with the purchase andsale of livestock or farm products. The bond must provide that the suretycompany, if any, will notify the Department before the end of the secondbusiness day after any claim or judgment has been made against the bond. Theaggregate liability of any surety to all claimants is limited to the amount ofthe bond for each licensing period.

(b) File a copy ofthe bond required by the United States pursuant to the provisions of thePackers and Stockyards Act, 7 U.S.C. 204.

(c) Furnish othersecurity in the amount required by this section which is acceptable to theDepartment.

2. In lieu of complyingwith one of the alternatives provided in subsection 1, the dealer, broker orcommission merchant may deliver to the Department the receipt of a bank, creditunion or trust company in this state showing the deposit with that bank, creditunion or trust company of cash or of securities endorsed in blank by the ownerthereof and of a market value equal at least to the required principal amountof the bond. The cash or securities must be deposited in escrow under anagreement conditioned as in the case of a bond. Any receipt must be accompaniedby evidence that there are no unsatisfied judgments against the dealer, brokeror commission merchant of record in the county in which he is doing business orresides. An action for recovery against any such deposit may be brought in thesame manner as in the case of an action for recovery on a bond filed under theprovisions of NRS 576.042.

3. The amount ofthe bond, other security or deposit must be:

(a) Based on theapplicants annual volume of purchases, according to a schedule adopted by theDepartment; and

(b) Not less than$5,000 or more than $100,000.

4. All bonds mustbe renewed or continued in accordance with regulations adopted by theDepartment.

5. Any licensed dealer, broker or commission merchantwho knowingly sells or otherwise encumbers real property which is the securityfor a bond under subsection 1, after a policy of title insurance on thatproperty has been issued and while the bond is in force, is guilty of a grossmisdemeanor.

(Added to NRS by 1959, 557; A 1960, 416; 1961, 558;1963, 389; 1965, 390; 1967, 1197; 1971, 334; 1973, 414; 1981, 599; 1985, 486;1993, 1766; 1999,1515, 3705; 2001, 91)

NRS 576.042 Civilaction for misrepresentation or fraud; limitation of actions; service ofprocess.

1. Any:

(a) Producer of livestock or farm products or his agentor consignee;

(b) Licensed broker, dealer or commission merchant; or

(c) Nonprofit organization or association, includingthe Nevada Fair of Mineral Industries, 4-H clubs, the Nevada Junior LivestockShow, the Nevada State Livestock Show and the Nevada Hereford Association,

who isinjured by any violation of the provisions of this chapter, or by any misrepresentationsor fraud on the part of any licensed dealer, broker or commission merchant, maymaintain a civil action against the dealer, broker or commission merchant. Ifthe dealer, broker or commission merchant is licensed, he may also maintain anaction against the surety on any bonds, or the money or securities deposited inlieu of a bond. In such an action against an unlicensed dealer, broker or commissionmerchant, the injured person is entitled to treble damages.

2. Any person having a claim pursuant to subsection 1against any licensed dealer, broker or commission merchant must begin legalaction on any bond, or money or securities deposited in lieu of a bond, forrecovery of the amount claimed to be due within 1 year after the claim hasaccrued.

3. Pursuant to subsection 4 of NRS 576.030, process may be served bydelivering to the Director duplicate copies of the process and paying a feeestablished by regulation of the State Board of Agriculture. The service uponthe Director shall be deemed service upon the dealer, broker or commissionmerchant. The Director shall forward one copy of the process by registered mailprepaid to the defendant dealer, broker or commission merchant, specifying theday and hour of service. The return receipt of the defendant is prima facieevidence of the completion of service. If service of summons is made upon theDirector in accordance with the provisions of this subsection, the periodwithin which the defendant must appear is extended 10 days. The provisions ofthis subsection are not exclusive, but if a defendant dealer, broker orcommission merchant is found within the State of Nevada, he must be served withprocess in the State of Nevada.

(Added to NRS by 1985, 485; A 1989, 335; 1993, 1767; 1999, 3597, 3707)

NRS 576.045 Retentionof money or securities deposited in lieu of bond after operations cease. If any licensed dealer, broker or commission merchant forany reason ceases to operate as such, the amount of money or securitiesdeposited in lieu of a bond must be retained by the Department for 1 year. Ifafter the expiration of 1 year after the cessation of such operation, no legalaction has been commenced to recover against the money or securities, they mustbe delivered to the owner. If a legal action has been commenced within thattime, all the money and securities must be held by the Department subject tothe order of the district court.

(Added to NRS by 1985, 486; A 1993, 1767; 1999, 3707)

NRS 576.048 Revocationfor default; publication of notice of revocation.

1. If the Department receives notice from a producerof livestock or farm products or his agent or consignee of the default of alicensed dealer, broker or commission merchant, the Department shall issue anorder to the licensee to show cause why his license should not be revoked. Thenotice must be in writing and set forth a time and place for a hearing to beheld before the Director.

2. If a license is revoked pursuant to subsection 1,the Director shall, by publication in a newspaper of general circulation in thearea, notify all known producers of livestock or farm products in the area inwhich the licensee operated that the license has been revoked.

(Added to NRS by 1985, 486; A 1993, 1768; 1999, 3708)

NRS 576.050 Annuallicense fee. Each applicant for a license as a broker, dealer,commission merchant or agent shall pay to the Department an annual license feeestablished by regulation of the State Board of Agriculture.

(Added to NRS by 1959, 558; A 1961, 559; 1965, 392;1993, 1768; 1999,3598, 3708; 2005, 482)

NRS 576.060 Investigationof applicant; issuance of license. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreational licensesfor child support arrearages and for noncompliance with certain processesrelating to paternity or child support proceedings.]

1. Upon receipt of an application for a license,accompanied by the license fee and a surety bond, other acceptable security, acopy of the bond required by the United States, or a deposit receipt, asprovided in NRS 576.040, and thestatement required pursuant to NRS 576.032,the Department shall examine the application, bond and other papers and,subject to the provisions of NRS 576.032and 576.120, upon the completion of itsinvestigation, the Department shall grant the license as applied for.

2. The Department shall complete its investigation andissue or deny the license within 30 days after receipt of the application, bondand other papers.

(Added to NRS by 1959, 558; A 1961, 559; 1963, 391;1967, 1198; 1993, 1768; 1997, 2095; 1999, 3708)

NRS 576.060 Investigation of applicant; issuanceof license. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. Upon receipt of an application for a license,accompanied by the license fee and a surety bond, other acceptable security, acopy of the bond required by the United States, or a deposit receipt, asprovided in NRS 576.040, the Departmentshall examine the same and, subject to the provisions of NRS 576.120, upon the completion of itsinvestigation, the Department shall grant the license as applied for.

2. The Department shall complete its investigation andeither issue or deny the license within 30 days after receipt of theapplication, bond and other papers.

(Added to NRS by 1959, 558; A 1961, 559; 1963, 391;1967, 1198; 1993, 1768; 1997, 2095; 1999, 3708,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 576.080 Formand contents of licenses. Licenses must be insuch form as the Department may prescribe, must be under the seal of theDepartment and must set forth:

1. The name and address of the dealer, broker,commission merchant or agent.

2. The period of the license.

3. Such other information as the Department reasonablymay require.

4. The amount of the bond, deposit or other securityrequired by NRS 576.040.

(Added to NRS by 1959, 558; A 1960, 417; 1961, 559;1965, 392; 1967, 1199; 1993, 1768; 1999, 3708; 2005, 482)

NRS 576.090 Expirationof licenses. All licenses shall expire 1 yearafter the issuance thereof.

(Added to NRS by 1959, 558; A 1960, 417)

NRS 576.095 Licensingof other classifications without payment of fee. Anyperson who has applied for and obtained a license as a dealer, broker or commissionmerchant as provided in this chapter may apply for and secure a license in anyother classification or classifications without payment of further fee upon complyingwith the provisions of this chapter relating to the licensing of the otherclassifications involved.

(Added to NRS by 1960, 419; A 1971, 336; 2005, 482)

NRS 576.100 Agents:Designation; licensing; notice to Department; responsibility of principal;application.

1. An agent shall not act for any dealer, broker orcommission merchant unless:

(a) The dealer, broker or commission merchant islicensed and has designated the agent to act in his behalf; and

(b) The Department has been notified in writing and hasapproved the appointment of the agent.

2. The dealer, broker or commission merchant isaccountable and responsible for contracts made by his agents.

3. An agent must, before approval by the Department,file an application with the Department pursuant to paragraph (b) of subsection3 of NRS 576.030.

(Added to NRS by 1959, 558; A 1960, 417; 1961, 559;1965, 392; 1967, 1199; 1993, 1768; 1999, 3708; 2005, 483)

NRS 576.110 Investigationof transactions involving farm products.

1. The Department on its own motion may, or upon theverified complaint of any interested party shall, investigate, examine orinspect any transaction involving solicitation, receipt, sale or attempted saleof farm products by any person or persons acting or assuming to act as adealer, agent, commission merchant or broker, the intentional making of falsestatements as to condition and quantity of any farm products received or instorage, the intentional making of false statements as to market conditions,the failure to make payment for farm products within the time required by thischapter, and all other injurious transactions.

2. In furtherance of any such investigation,examination or inspection, the Department or any authorized representative mayexamine that portion of the ledgers, books, accounts, memoranda and otherdocuments, farm products, scales, measures and other articles and things usedin connection with the business of the person relating to the transactioninvolved.

(Added to NRS by 1959, 558; A 1960, 417; 1961, 560;1993, 1769; 1999,3709)

NRS 576.120 Groundsfor refusing to grant or renew or for suspension or revocation of license orregistration; notice and hearing.

1. The Department may refuse to grant or renew alicense or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke alicense or registration as provided in subsection 4 of NRS 576.140 if, after notice and a hearing,the Department is satisfied of the existence of any of the following facts, theexistence of which is hereby declared to be a violation of this chapter:

(a) That the applicant or licensee has intentionallymade any false or misleading statement concerning the conditions of the marketfor any farm products.

(b) That the applicant or licensee has made fictitioussales or has been guilty of collusion to defraud the producer.

(c) That the licensee was intentionally guilty of fraudor deception in the procurement of the license.

(d) That the applicant or licensee has in the handlingof any farm products been guilty of fraud, deceit or willful negligence.

(e) That the licensee, without reasonable cause, hasfailed or refused to execute or carry out a lawful contract with a producer.

(f) That the licensee, without reasonable cause, hasissued checks for the payment of farm products received without sufficientmoney to cover them or has stopped payment on a check given in payment for farmproducts received.

(g) That the licensee, without reasonable cause, hasfailed to account or make payment for farm products as required by thischapter.

(h) That the licensee has knowingly employed an agentwithout causing the agent to comply with the licensing requirements of thischapter applicable to agents.

(i) That the licensee has failed or refused to maintainand file records as required by this chapter.

(j) That the licensee has failed or refused to maintaina bond or other security as required by the provisions of NRS 576.040.

2. The Department may suspend, pending inquiry, fornot longer than 30 days, and after hearing or investigation may refuse togrant, renew or revoke any license as the case may require, if it is satisfiedthat the licensee has become bankrupt or insolvent, and is thereby unable topay producer-creditors of the licensee, or producers with whom the licensee hasexecutory or executed contracts for the purchase of farm products, or for thehandling of farm products on consignment.

3. A license is suspended automatically, withoutaction of the Department, if the bond filed pursuant to subsection 1 of NRS 576.040 is cancelled, and remainssuspended until the bond is renewed.

4. In the case of any hearing held under theprovisions of this section, there must be filed in the office of the Departmenta memorandum stating briefly the reasons of the Department for the denial,suspension or revocation of the license, but formal findings of fact need notbe made or filed.

(Added to NRS by 1959, 559; A 1961, 560; 1963, 391;1965, 392; 1967, 1199; 1971, 336; 1993, 438, 1769; 1995, 514; 1999, 3709)

NRS 576.121 Mandatorysuspension of license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of license. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Departmentreceives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is the holder of a license as abroker, dealer, commission merchant or agent, the Department shall deem thelicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Department receives aletter issued to the holder of the license by the district attorney or otherpublic agency pursuant to NRS 425.550stating that the holder of the license has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a license as abroker, dealer, commission merchant or agent that has been suspended by adistrict court pursuant to NRS 425.540if the Department receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose license was suspended stating that the person whose licensewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2094; A 1999, 3710; 2005, 483)

NRS 576.123 Recordsof commission merchants, dealers and brokers.

1. Every commission merchant, having received any farmproducts for sale as a commission merchant, shall promptly make and keep acorrect record showing in detail the following with reference to the handling,sale or storage of the farm products:

(a) The name and address of the consignor.

(b) The date received.

(c) The condition and quantity upon arrival.

(d) Date of the sale for account of the consignor.

(e) The price for which sold.

(f) An itemized statement of the charges to be paid bythe consignor in connection with the sale.

(g) The names and addresses of all purchasers if thecommission merchant has any financial interest in the business of thepurchasers, or if the purchasers have any financial interest in the business ofthe commission merchant, directly or indirectly, as holder of the otherscorporate stock, as copartner, as lender or borrower of money to or from theother, or otherwise, the interest must be noted in the records following thename of the purchaser.

(h) A lot number or other identifying mark for eachconsignment, which number or mark must appear on all sales tags and otheressential records needed to show the amount for which the farm productsactually sold.

(i) Any claim or claims which have been or may be filedby the commission merchant against any person for overcharges or for damagesresulting from the injury or deterioration of the farm products by the act,neglect or failure of the person. The records must be open to the inspection ofthe Director and the consignor of farm products for whom the claim or claimsare made.

2. Every dealer purchasing any farm products from theproducer thereof shall promptly make and keep for 1 year a correct recordshowing in detail the following:

(a) The name and address of the grower.

(b) The date received.

(c) The price to be paid.

(d) An itemized statement of any charges paid by thedealer for the account of the producer.

3. Every broker, upon negotiating the sale of farmproducts, shall issue to buyer and seller a written memorandum of sale, showingprice, date of delivery, quality and other details concerned in thetransaction. A copy of the memorandum must be retained by the broker for 1year.

(Added to NRS by 1965, 394; A 1993, 1770; 1999, 3710)

NRS 576.125 Accountingand remittances by commission merchants; records of sales; payments by dealers;penalties for nonpayment.

1. If requested by his consignor, a commissionmerchant shall, before the close of the next business day following the sale ofany farm products consigned to him, transmit or deliver to the owner orconsignor of the farm products a true written account of the sale, showing theamount sold and the selling price. Remittance in full of the amount realizedfrom such sales, including all collections, overcharges and damages, less theagreed commission and other charges, together with a complete account of sales,must be made to the consignor within 10 days after receipt of the money by thecommission merchant, unless otherwise agreed in writing.

2. Each commission merchant shall retain a copy of allrecords covering each transaction for 1 year after the date thereof, which copymust at all times be available for and open to the confidential inspection ofthe Director and the consignor, or an authorized representative of the Directoror consignor.

3. Each dealer shall pay for farm products deliveredto him at the time and in the manner specified in the contract with theproducer, but if no time is set by the contract, or at the time of thedelivery, within 30 days after the delivery or taking possession of the farmproducts, except that livestock whose sale is subject to the Packers andStockyards Act, 7 U.S.C. 181 to 231, inclusive, must be paid for within theperiod required by that act and any applicable regulations adopted pursuantthereto.

4. A person who, with the intent to defraud, fails tomake full payment for farm products purchased pursuant to this chapter within10 days after receiving written notice of the fact that the payment is pastdue:

(a) Is guilty of a gross misdemeanor, if the amountowed is $1,000 or less.

(b) Is guilty of a category D felony, if the amountowed is more than $1,000, and shall be punished as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

(Added to NRS by 1965, 395; A 1989, 336; 1993, 1771;1995, 1304; 1999,3711)

NRS 576.127 Cargomanifests required to be carried on motor vehicles operated by dealers andcommission merchants; suspension or cancellation of license for falsestatements on manifest.

1. Each dealer and commission merchant operating amotor vehicle in the conduct of his licensed business shall carry on the motorvehicle a manifest on a form to be prescribed or approved by the Departmentshowing:

(a) A description of the cargo on the motor vehicle.

(b) The brand inspection certificate number for anylivestock being transported.

(c) Where and from whom the cargo was purchased.

(d) The weight or measure upon which the purchase wasmade and, if purchased upon weight, where and by whom weighed and the weightobtained at the weighing.

2. The manifest must be executed in triplicate. Onecopy must be given to the consignor or seller. One copy must be retained by thelicensee, and the original, signed by the licensee, must be transmittedimmediately to the Department.

3. Any false statements included on a manifestconcerning the nature, quantity, weight, count, grade, quality or any otheressential feature of the cargo constitute grounds for suspension orcancellation of the licensees license issued pursuant to the provisions ofthis chapter.

(Added to NRS by 1965, 396; A 1993, 1771; 1999, 3712; 2005, 483)

NRS 576.128 Certificationas actual producer of agricultural product: Regulations of Department; fees forcertification; exemption from certain taxes and fees.

1. The Department shall adopt regulations pursuant towhich a person may obtain certification that he is an actual producer of anagricultural product of the soil. The regulations may include provisions forthe certification by reciprocity of a person who holds a similar certificationfrom another jurisdiction where the requirements for that certification aresubstantially equal to the requirements in this state.

2. The Department may impose fees for thecertification of persons as actual producers of an agricultural product of thesoil and any inspections necessary for that certification. The fees must be setin an amount which approximates the cost to the Department of performing thoseservices and activities.

3. A person who obtains certification pursuant to thissection is exempt from any:

(a) Tax or other fee imposed pursuant to NRS 244.335, 266.355, subsection 7 of NRS 266.600, NRS 268.095, 269.170 or 269.175, relating to the issuance of anylicense to sell or offer to sell, in its natural and unprocessed state directlyto any consumer, restaurant or grocery store, an agricultural product of thesoil for which the person has obtained certification pursuant to this section.

(b) Fee imposed for:

(1) The issuance of a permit pursuant to theprovisions of chapter 446 of NRS to sell oroffer to sell, in its natural and unprocessed state directly to any consumer,restaurant or grocery store, an agricultural product of the soil for which theperson has obtained certification pursuant to this section; or

(2) Any inspection conducted pursuant to theprovisions of chapter 446 of NRS relating tosuch a sale or offer to sell.

(Added to NRS by 1997, 3166; A 1999, 3712)

NRS 576.129 Alternativelivestock: Permit required; regulations of State Board of Agriculture.

1. It is unlawful for any person to import, possess orpropagate any alternative livestock unless he first obtains from the StateBoard of Agriculture a permit that authorizes him to do so.

2. The State Board of Agriculture shall adoptregulations for the importation, possession and propagation of alternativelivestock. The regulations must set forth requirements for:

(a) Facilities used to confine alternative livestock,including minimum requirements for fencing to prevent the escape of alternativelivestock.

(b) The genetic testing of alternative livestock.

(c) Keeping and maintaining records related to theimportation, transfer, possession and propagation of alternative livestock.

(d) Identifying and marking alternative livestock.

(e) Marketing alternative livestock.

(f) The filing of any bonds which may be required bythe State Board of Agriculture.

3. In adopting the regulations required by subsection2, the State Board of Agriculture shall consult with the Department of Wildlifeand the Board of Wildlife Commissioners concerning the provisions that arenecessary to protect wildlife in this state and in the areas designated as areasof special concern by the Board of Wildlife Commissioners pursuant to NRS 501.181.

4. The State Board of Agriculture shall establish byregulation a schedule of fees required to be paid for a permit issued pursuantto this section. The fees established must not exceed the approximate cost tothe Board of carrying out the provisions of this section.

(Added to NRS by 1993, 435; A 1995, 514; 2003, 1583)

NRS 576.131 Alternativelivestock: Recapture of escaped livestock; impoundment; liability of owner.

1. An owner of alternative livestock may requestassistance from the State Department of Agriculture, the Department of Wildlifeand local law enforcement agencies to recapture any alternative livestock thathas escaped from confinement.

2. Any alternative livestock that is recaptured may beimpounded at a suitable facility until sufficient repairs or improvements aremade to the owners facility to ensure that the escape of the alternativelivestock does not recur.

3. The owner of the alternative livestock is liablefor:

(a) The costs incurred by the State Department ofAgriculture, the Department of Wildlife and any local law enforcement agency torecapture the alternative livestock;

(b) The costs of impounding the alternative livestock;and

(c) Any damages caused by the alternative livestockduring the escape.

(Added to NRS by 1993, 436; A 1995, 514; 1999, 3713; 2003, 1583)

NRS 576.133 Ceaseand desist orders. If the Director believes, onthe basis of a verified complaint or of an investigation made pursuant to NRS 576.110, that any licensee or personassuming to transact business for which a license is required under thischapter is violating or is about to violate any provision of this chapter, hemay order the licensee or other person to cease and desist from the unlawfulpractice. The order ceases to be effective upon the expiration of 10 days,exclusive of Saturdays, Sundays and other nonjudicial days, after its date ofissuance unless a court has, pursuant to NRS576.135, issued an order which continues the restraint.

(Added to NRS by 1965, 396; A 1967, 1200; 1993, 1772;1999, 3713)

NRS 576.135 Injunctions;restraining orders. If any licensee or personassuming to transact business for which a license is required under thischapter has engaged or is about to engage in any acts or practices whichconstitute or will constitute an offense against this chapter or the rules andregulations adopted by the Department, the district court of any county, onapplication of the Director, may issue an injunction or other appropriate orderrestraining the conduct. Proceedings under this section are governed by Rule 65of the Nevada Rules of Civil Procedure, except that no bond or undertaking isrequired in any action commenced by the Director.

(Added to NRS by 1965, 396; A 1993, 1772; 1999, 3713)

NRS 576.137 Exemptionfor cash buyer purchasing for own use. A cashpurchaser, purchasing for his own use, may be exempted by the Department fromthe requirements of this chapter upon his filing of an affidavit stating suchfacts as may be required by the Department.

(Added to NRS by 1967, 1200; A 1993, 1772; 1999, 3713)

NRS 576.140 Inapplicabilityof chapter. Except as otherwise provided in NRS 576.042, the provisions of this chapterdo not apply to:

1. The Nevada Fair of Mineral Industries, 4-H clubs,the Nevada Junior Livestock Show, the Nevada State Livestock Show, the NevadaHereford Association, or any other nonprofit organization or association.

2. Any railroad transporting livestock interstate orintrastate.

3. Any farmer or rancher purchasing or receivinglivestock for grazing, pasturing or feeding on his premises within the State ofNevada and not for immediate resale.

4. Operators of public livestock auctions as definedin NRS 573.010, and all buyers oflivestock at those auctions at which the public livestock auction licensee doesnot control title or ownership to the livestock being sold or purchased atthose auctions, and any person buying for interstate shipments only and subjectto and operating under a bond required by the United States pursuant to theprovisions of the Packers and Stockyards Act, 7 U.S.C. 204, and theregulations adopted pursuant to those provisions. Each person exempted by theprovisions of this subsection shall register annually with the Department,giving the location of his place of business, the number of his license andbond and the expiration date thereof. Each such registrant shall pay an annualregistration fee of $40 to the Department.

5. Any farmer or rancher whose farm or ranch islocated in the State of Nevada, who buys or receives farm products or livestockfrom another farmer or rancher not for immediate resale.

6. Any retail merchant having a fixed and establishedplace of business in this state and who conducts a retail business exclusively.

(Added to NRS by 1959, 559; A 1960, 418; 1961, 560;1963, 392; 1965, 393; 1989, 337; 1993, 1772; 1999, 3714)

NRS 576.150 Civiland criminal penalties; venue.

1. Except asotherwise provided by a specific statute, a person who acts as a dealer,broker, commission merchant or agent without a license therefor as required bythe provisions of this chapter, or who violates any other provision of thischapter, or any of the regulations lawfully adopted pursuant to provisions ofthis chapter, is guilty of a misdemeanor. If the violation relates to thefailure to make payment for farm products, an intent to defraud must be provenbefore a misdemeanor or other penalty may be imposed.

2. Anyprosecution brought pursuant to this chapter may be brought in any county ofthis State in which the defendant or any one of the defendants resides, or inwhich the unlawful act was committed, or in which the defendant or any one ofthe defendants has his principal place of business.

3. In addition to any criminal penalty imposedpursuant to, or any remedy provided by, this chapter, the Director, afternotice and a hearing in an administrative proceeding, may issue an orderagainst any person who has violated any provision of this chapter or anyregulation adopted pursuant to this chapter imposing a civil penalty of notmore than $5,000 for each violation. Any civil penalty collected pursuant tothis subsection must be deposited in the State General Fund.

(Added to NRS by 1959, 560; A 1960, 418; 1963, 392;1965, 394; 1989, 337; 1993, 1773; 1999, 3714; 2005, 484)

 

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