2005 Nevada Revised Statutes - Chapter 587 — Agricultural Products and Seeds

CHAPTER 587 - AGRICULTURAL PRODUCTS ANDSEEDS

GENERAL PROVISIONS

NRS 587.001 Definitions.

NRS 587.003 Departmentdefined.

NRS 587.005 Directordefined.

SEEDS

NRS 587.015 Definitions.

NRS 587.017 Advertisementdefined.

NRS 587.019 Agriculturalseeds defined.

NRS 587.021 Certifiedseed defined.

NRS 587.023 Certifyingagency defined.

NRS 587.025 Consumerdefined.

NRS 587.031 Flowerseeds defined.

NRS 587.033 Growersor tree seedsmans declaration defined.

NRS 587.035 Hybriddefined.

NRS 587.037 Kinddefined.

NRS 587.039 Labelingdefined.

NRS 587.041 Lot defined.

NRS 587.042 Noxiousweed defined.

NRS 587.043 Origindefined.

NRS 587.051 Recorddefined.

NRS 587.055 Screeningsdefined.

NRS 587.057 Seizuredefined.

NRS 587.059 Stopsale defined.

NRS 587.061 Treateddefined.

NRS 587.063 Treeand shrub seeds defined.

NRS 587.065 Treeseedsman defined.

NRS 587.067 Typedefined.

NRS 587.069 Varietydefined.

NRS 587.071 Vegetableseeds defined.

NRS 587.073 Weedseeds defined.

NRS 587.075 Administrationand enforcement of provisions.

NRS 587.077 Officialseed-certifying agency for State; standards governing certification; fees.

NRS 587.079 Servicegrain grading; schedule of fees.

NRS 587.081 Sampling,inspection, analysis and testing of seeds; notification of violations.

NRS 587.083 Adoptionof regulations.

NRS 587.085 Entryof premises or conveyance for examination of seeds, screenings or records;issuance of stop-sale order.

NRS 587.087 Stop-saleorders: Effect; notification of shippers and consignors; appeals.

NRS 587.089 Cooperationwith United States Department of Agriculture and other agencies.

NRS 587.091 Seedsof agricultural crops, flowers, vegetables, herbs, trees and shrubs: Generalrequirements for labels.

NRS 587.093 Seedsof agricultural crops: Requirements for labels.

NRS 587.097 Seedsof vegetables: Requirements for labels for containers of 1 pound or less.

NRS 587.099 Seedsof vegetables: Requirements for labels for containers of more than 1 pound.

NRS 587.101 Seedsof flowers: Requirements for labels for packets prepared for use in homegardens or plantings for households; preplanted containers.

NRS 587.103 Seedsof flowers: Requirements for labels for other containers.

NRS 587.105 Seedsof trees and shrubs: Requirements for labels.

NRS 587.107 Retentionand inspection of records and samples.

NRS 587.109 Inspectionof seed potatoes imported into State; disposal of diseased potatoes.

NRS 587.111 Prohibitions.

NRS 587.113 Furtherprohibitions.

NRS 587.114 Sale of uncertified seed by variety name unlawful.

NRS 587.115 Exemptions.

NRS 587.117 Whenseller not subject to penalty for incorrect labeling or representations.

NRS 587.119 Permitrequired for removal of screenings or cleanings from premises; treatment ofscreenings.

NRS 587.121 Seizure.

NRS 587.123 Penalty.

ALFALFA SEED RESEARCH AND PROMOTION

NRS 587.131 Definitions.

NRS 587.135 AlfalfaSeed Advisory Board: Creation; number and qualifications of members.

NRS 587.141 AlfalfaSeed Advisory Board: Members not paid.

NRS 587.145 AlfalfaSeed Advisory Board: Powers and duties.

NRS 587.151 Powersand duties of State Board of Agriculture.

NRS 587.153 Depositof gifts and grants in Alfalfa Seed Research and Promotion Account.

NRS 587.155 Levyand collection of special assessment; deposits to and refunds from Alfalfa SeedResearch and Promotion Account.

NRS 587.161 Liabilityfor payment of special assessment.

NRS 587.165 Penaltyfor failure to file return or pay assessment.

NRS 587.171 Recoveryof delinquent assessment and penalties.

NRS 587.175 Recordsof dealers.

NRS 587.181 Requirementsfor growers shipping out of State.

NRS 587.185 Penalty.

STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS

NRS 587.290 Agriculturalproducts defined.

NRS 587.310 Administrationby State Quarantine Officer.

NRS 587.360 Stateinspectors: Designation; fees for services.

NRS 587.370 Countyinspectors: Employment; compensation; license required; allocation ofinspection fees.

NRS 587.380 Licenseto inspect or classify agricultural products; regulations; compensation oflicensees; suspension and revocation of licenses. [Effective until 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.]

NRS 587.380 Licenseto inspect or classify agricultural products; regulations; compensation oflicensees; suspension and revocation of licenses. [Effective on the date of therepeal 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.]

NRS 587.382 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of State Quarantine Officer. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 587.384 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal 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 587.386 Applicationfor license to include social security number of applicant. [Expires bylimitation 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 support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 587.390 Officialstandards for grading and classifying agricultural products and farm productcontainers: Adoption by State Quarantine Officer; changes.

NRS 587.400 Noticeof effective date of standard or of alterations or modifications; disseminationof information concerning standards.

NRS 587.410 Adoptionof federal standards; cooperation with United States.

NRS 587.420 Appealsto State Quarantine Officer from findings of inspectors; fees.

NRS 587.430 Certificatesas prima facie evidence.

NRS 587.440 Unlawfulacts; penalty.

NRS 587.450 Fraudulentrepresentations and unlawful use of containers; penalty.

FRUITS, NUTS AND VEGETABLES

NRS 587.460 Definitions.

NRS 587.470 Bulklot and bulk load defined.

NRS 587.480 Deceptivearrangement and deceptive display defined.

NRS 587.490 Deceptivepack defined.

NRS 587.500 Maturedefined.

NRS 587.510 Mislabeldefined.

NRS 587.520 Overripedefined.

NRS 587.530 Transportdefined.

NRS 587.540 Enforcementof provisions.

NRS 587.550 Adoptionof regulations.

NRS 587.560 Cooperationwith counties in enforcement.

NRS 587.570 Potatoes:Grade requirements; marking and labeling of containers.

NRS 587.580 Onions:Grade requirements; marking and labeling of containers.

NRS 587.590 Nonconformitywith provisions unlawful.

NRS 587.600 Deceptivepacks, loads or displays unlawful.

NRS 587.610 Mislabeling,false or misleading statements or advertising unlawful.

NRS 587.620 Unlawfulto violate or remove hold order.

NRS 587.630 Packingrequirements.

NRS 587.640 Refusalto permit inspection unlawful.

NRS 587.650 Unlawfulto pack, transport or sell defective or damaged products.

NRS 587.660 Certainprovisions applicable only when specific standards of quality not otherwiseestablished.

COMMERCIAL FEED FOR LIVESTOCK

NRS 587.670 Definitions.

NRS 587.680 Adoptionof rules and regulations.

NRS 587.690 Requirementsfor labels; information to be furnished to purchaser; exceptions.

CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANICAGRICULTURAL PRODUCTS

NRS 587.700 Definitions.

NRS 587.715 Agriculturalproduct defined.

NRS 587.740 FederalAct defined.

NRS 587.750 Handlerdefined.

NRS 587.780 Producerdefined.

NRS 587.800 Directorauthorized to establish program for certification of producers and handlers oforganic agricultural products; approval of program by Secretary of Agriculture.

NRS 587.810 AdvisoryCouncil for Organic Agricultural Products: Creation; members; powers.

NRS 587.820 AdvisoryCouncil for Organic Agricultural Products: Terms of members; vacancy; electionof officers; meetings; compensation of members.

NRS 587.830 Regulationsfor administration and enforcement of program for certification of producersand handlers of organic agricultural products; fees.

_________

GENERAL PROVISIONS

NRS 587.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS587.003 and 587.005 have themeanings ascribed to them in those sections.

(Added to NRS by 1999, 3724)

NRS 587.003 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 1999, 3724)

NRS 587.005 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1999, 3724)

SEEDS

NRS 587.015 Definitions. As used in NRS 587.015to 587.123, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 587.017 to 587.073, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1969, 354; A 1985, 624; 1993, 1783; 1999, 3724)

NRS 587.017 Advertisementdefined. Advertisement means all representations,other than those on the label, disseminated in any manner or by any means,relating to seed within the scope of NRS587.015 to 587.123, inclusive.

(Added to NRS by 1969, 354)

NRS 587.019 Agriculturalseeds defined. Agricultural seeds includesthe seeds of grass, forage, cereal and fiber crops and any other kinds of seedscommonly recognized within this state as agricultural seeds, lawn seeds andmixtures of those seeds, and may include any other kind of seeds if theDirector determines that the seed is being used as agricultural seed.

(Added to NRS by 1969, 354; A 1993, 1783; 1999, 3724)

NRS 587.021 Certifiedseed defined. Certified seed means seedthat has been produced and labeled in accordance with the procedures and incompliance with the requirements of an officially recognized certifying agencyand includes the breeders, foundation, registered and certified seed classes.

(Added to NRS by 1969, 354)

NRS 587.023 Certifyingagency defined. Certifying agency means:

1. An agency authorized under the laws of a state,territory or possession of the United States officially to certify seed; or

2. An agency of a foreign country determined by theUnited States Secretary of Agriculture to adhere to procedure and standards forseed certification comparable to those adhered to generally by seed-certifyingagencies under subsection 1.

(Added to NRS by 1969, 354)

NRS 587.025 Consumerdefined. Consumer means any person whopurchases or otherwise obtains seed for sowing but not for resale.

(Added to NRS by 1969, 354)

NRS 587.031 Flowerseeds defined. Flower seeds includes seedsof herbaceous plants grown for their blooms, ornamental foliage or otherornamental parts, and commonly known and sold under the name of flower seeds inthis state.

(Added to NRS by 1969, 354)

NRS 587.033 Growersor tree seedsmans declaration defined. Growersor tree seedsmans declaration is a statement signed by the grower or treeseedsman giving, for a lot of seed, the lot number, the kind and variety,species and subspecies for tree and shrub seed, origin and weight.

(Added to NRS by 1969, 354)

NRS 587.035 Hybriddefined. Hybrid means the first generationseed of a cross produced by controlling the pollination and by combining:

1. Two or more inbred lines;

2. One inbred or a single cross with anopen-pollinated variety; or

3. Two varieties or species, except open-pollinatedvarieties of corn (Zea mays).

The secondgeneration and subsequent generations from such crosses shall not be regardedas hybrids. Hybrid designations shall be treated as variety names.

(Added to NRS by 1969, 355)

NRS 587.037 Kinddefined. Kind means one or more relatedspecies or subspecies which singly or collectively are known by one commonname, for example, corn, oats, alfalfa and timothy.

(Added to NRS by 1969, 355)

NRS 587.039 Labelingdefined. Labeling includes all labels andother written, printed or graphic representations, in any form whatever,accompanying or pertaining to any seed, whether in bulk or in containers, andincludes representations on invoices.

(Added to NRS by 1969, 355)

NRS 587.041 Lotdefined. Lot means a definite quantity ofseed identified by a lot number or other mark, every portion or bag of which isuniform within recognized tolerances for the factors which appear in thelabeling.

(Added to NRS by 1969, 355)

NRS 587.042 Noxiousweed defined. Noxious weed means a weed thepresence of whose seed among other seeds is prohibited or restricted pursuantto this chapter.

(Added to NRS by 1985, 624)

NRS 587.043 Origindefined. Origin for an indigenous stand oftrees is the area on which the trees are growing; for a nonindigenous stand, itis the place from which the seeds or plants were originally introduced.

(Added to NRS by 1969, 355)

NRS 587.051 Recorddefined. Record includes all informationrelating to the shipment or shipments involved and includes a file sample ofeach lot of seed. For tree and shrub seed the record also includes alldocuments supporting the statement of origin of the seed.

(Added to NRS by 1969, 355)

NRS 587.055 Screeningsdefined. Screenings means chaff, seed, weedseeds, inert matter and other materials removed from seed in preparing it foruse.

(Added to NRS by 1969, 355; A 1985, 624)

NRS 587.057 Seizuredefined. Seizure means a legal process carriedout by court order against an amount of seed or screenings.

(Added to NRS by 1969, 355)

NRS 587.059 Stopsale defined. Stop sale means anadministrative order provided by law, restraining the sale, use, disposition ormovement of a definite amount of seed or screenings.

(Added to NRS by 1969, 355)

NRS 587.061 Treateddefined. Treated means that the seed has receivedan application of a substance, or that the seed has been subjected to a processfor which a claim is made.

(Added to NRS by 1969, 355)

NRS 587.063 Treeand shrub seeds defined. Tree and shrubseeds includes seeds of woody plants commonly known and sold as tree and shrubseeds in this state.

(Added to NRS by 1969, 356)

NRS 587.065 Treeseedsman defined. Tree seedsman is anyperson who makes a business of producing, or collecting and processing andselling tree seed.

(Added to NRS by 1969, 356)

NRS 587.067 Typedefined. Type means a group of varieties sonearly similar that the individual varieties cannot be clearly differentiatedexcept under special conditions.

(Added to NRS by 1969, 356)

NRS 587.069 Varietydefined. Variety means a subdivision of akind characterized by growth, yield, plant, fruit, seed or othercharacteristics, by which it can be differentiated from other plants of thesame kind.

(Added to NRS by 1969, 356)

NRS 587.071 Vegetableseeds defined. Vegetable seeds includes theseeds of those crops which are grown in gardens or on truck farms and aregenerally known and sold under the name of seeds of vegetables or herbs in thisstate.

(Added to NRS by 1969, 356; A 1985, 625)

NRS 587.073 Weedseeds defined. Weed seeds includes theseeds and bulblets of all plants generally recognized as weeds within thisstate.

(Added to NRS by 1969, 356; 1985, 625)

NRS 587.075 Administrationand enforcement of provisions. The Directorshall administer and enforce the provisions of NRS 587.015 to 587.123, inclusive.

(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

NRS 587.077 Officialseed-certifying agency for State; standards governing certification; fees. The Department is designated as the officialseed-certifying agency for the State of Nevada. The Director shall, by rules orregulations, adopt and enforce standards governing the certification of seed asto variety, purity, quality or other matters relating thereto, and shallestablish a schedule of fees for that certification.

(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

NRS 587.079 Servicegrain grading; schedule of fees. The Directormay do service grain grading, including testing for dockage and moisture, andmay establish a schedule of fees for that grading and testing.

(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

NRS 587.081 Sampling,inspection, analysis and testing of seeds; notification of violations. The Director or his authorized representatives shall:

1. Sample, inspect, make analysis of and test seedssubject to NRS 587.015 to 587.123, inclusive, that are transported,sold, offered or exposed for sale within the State for sowing purposes, at suchtime and place and to such extent as may be necessary to determine whether theseeds are in compliance with NRS 587.015to 587.123, inclusive.

2. Notify promptly the person who transported, sold,offered or exposed the seed for sale of any violation.

(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

NRS 587.083 Adoptionof regulations.

1. The Director shall adopt regulations:

(a) Governing the terms and methods used in sampling,inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123, inclusive, and the tolerances tobe used.

(b) Establishing a list of prohibited and restrictednoxious weeds and prescribing the maximum rate of occurrence per pound of seedsof restricted noxious weeds which may be associated with any seeds. A noxiousweed may be prohibited if it is highly destructive and difficult to control inthis state by ordinary good cultural or chemical practice and restricted if itis objectionable or injurious in fields, lawns and gardens of this state, butmay be controlled by good cultural or chemical practices.

(c) Establishing minimum standards of germination forseeds of vegetables, herbs and flowers.

(d) Defining the terms to be used in labeling seeds.

(e) Establishing a list of the species of trees andshrubs subject to the labeling requirements set forth in subsection 7 of NRS 587.105.

(f) Establishing the duration of the validity oftesting to determine the percentage of germination of seeds subject to therequirements for labeling as set forth in NRS587.091 to 587.105, inclusive,before the sale, offering for sale or transporting of those seeds.

(g) For the labeling of seeds of flowers in respect tokind and variety or the characteristics of type and performance as required by NRS 587.101 and 587.103.

(h) Establishing a list of the kinds of seeds offlowers which are subject to the labeling requirements of NRS 587.101 and 587.103.

2. The Director may adopt such other regulations asare necessary to carry out the provisions of NRS587.015 to 587.123, inclusive.

(Added to NRS by 1969, 356; A 1985, 625; 1993, 1783; 1999, 3724)

NRS 587.085 Entryof premises or conveyance for examination of seeds, screenings or records;issuance of stop-sale order. The Director orhis authorized representatives may:

1. Enter upon or within any public or private premisesor upon or into any truck or other conveyance by land, water or air at any timeto examine seeds, screenings or records which are subject to the provisions of NRS 587.015 to 587.123, inclusive, or rules andregulations adopted pursuant thereto.

2. Issue and enforce a written or printed stop-saleorder against the owner or custodian of any seed or screenings which are foundto be in violation of any of the provisions of NRS 587.015 to 587.123, inclusive, or the rules andregulations adopted pursuant thereto.

(Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725)

NRS 587.087 Stop-saleorders: Effect; notification of shippers and consignors; appeals.

1. A stop-sale order issued pursuant to subsection 2of NRS 587.085 may prohibit the sale,processing or movement of the seed or screenings until evidence is submitted orobtained that the violation has been corrected and a release from the stop-saleorder is issued.

2. Whenever tree seed, shrub seed or screenings aresubject to a stop-sale order, the Director or his representative shall notifythe shipper or consignor that the order is in effect. Upon the shippers orconsignors request, the Director may permit the return of the seed to theshipper or may permit the seed to be transferred to a mutually acceptablestorage area pending its further disposition as provided by law.

3. Any person aggrieved by a stop-sale order may,within 60 days after the order issues, appeal from the order to the districtcourt in the county in which the seeds, subject to the order, are located.

(Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725)

NRS 587.089 Cooperationwith United States Department of Agriculture and other agencies. The Director shall cooperate with the United States Departmentof Agriculture and other appropriate agencies in seed law enforcement.

(Added to NRS by 1969, 357; A 1993, 1785; 1999, 3726)

NRS 587.091 Seedsof agricultural crops, flowers, vegetables, herbs, trees and shrubs: Generalrequirements for labels.

1. Each container of seeds of agricultural crops,flowers, vegetables, herbs, trees and shrubs which is sold, offered for sale ortransported within this state for sowing purposes must bear or have attached toit, in a conspicuous place, a plainly written label or tag in the Englishlanguage, giving the net weight of the seed and the information specified forthe respective classes of seed in subsection 2 and in NRS 587.093 to 587.105, inclusive, which information mustnot be modified or denied in the labeling or on another label attached to thecontainer.

2. For all such seeds which are treated, the labelmust contain:

(a) A word or statement indicating that the seed hasbeen treated;

(b) The commonly accepted coined, chemical, generic orabbreviated chemical or generic name of the substance used for treatment, orthe description of the process used for treatment;

(c) If the substance applied to the seed for treatmentis in an amount which may be harmful to human or other vertebrate animals, acaution, stating: Do not use for food, feed or oil purposes. The caution formercurials and similarly toxic substances must be a statement or symbolindicating the presence of poison; and

(d) If the seed is treated with an inoculant, the monthand year beyond which the inoculant is not to be considered effective.

3. A separate label may be used to contain theinformation required in subsection 2.

(Added to NRS by 1969, 357; A 1985, 626)

NRS 587.093 Seedsof agricultural crops: Requirements for labels. Thelabeling of containers for seeds of agricultural crops must state, in additionto the requirements of NRS 587.091:

1. The kind and variety, or the kind and the phrasevariety not stated, for each seed of another crop in the container in excessof 5 percent of the whole, and the percentage by weight of the pure seed ofeach listed in a column in order of its predominance. Seeds of other crops inthe container which are less than 5 percent of the whole may be claimed as partof a mixture but if so must conform to the requirements applicable to seeds inexcess of 5 percent of the whole. Mixtures must be designated by the wordmixed or mixture accompanying the name of the mixture. Hybrids must belabeled as hybrids.

2. The number or other identification of the lot.

3. The origin, state or foreign country, if known, ofalfalfa, red clover and field corn, but not of hybrid corn. If the origin isunknown, this fact must be stated.

4. The percentage by weight of all seeds of weedspresent.

5. The name and rate of occurrence per pound of eachkind of seeds of restricted noxious weeds present.

6. The percentage by weight of seeds of crops otherthan those named on the label. These may be designated crop seeds.

7. The percentage by weight of inert matter.

8. For each seed for agricultural crops named in thelabel:

(a) The percentage of germination, exclusive of hardseed;

(b) The percentage of hard seed, if present; and

(c) The month and year the test for germination wascompleted, and for mixtures, only the date of the oldest test of the seeds inthe mixture.

In addition,following the percentages shown in paragraphs (a) and (b), the totalgermination and hard seed may be stated as such.

9. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

(Added to NRS by 1969, 358; A 1985, 626)

NRS 587.097 Seedsof vegetables: Requirements for labels for containers of 1 pound or less. The labeling of containers for seeds of vegetables incontainers of 1 pound or less must state, in addition to the requirements of NRS 587.091:

1. The name of the kind and variety of the seed.

2. For seeds which germinate less than the standardestablished in the regulations adopted under paragraph (c) of subsection 1 of NRS 587.083:

(a) The percentage of germination, exclusive of hardseed;

(b) The percentage of hard seed, if present;

(c) The month and year the test for germination wascompleted; and

(d) The words, below standard, in not less than8-point type.

3. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

4. The name and rate of occurrence per pound of eachkind of seed of restricted noxious weeds present in the container.

(Added to NRS by 1969, 359; A 1985, 627)

NRS 587.099 Seedsof vegetables: Requirements for labels for containers of more than 1 pound. The labeling of containers for seeds of vegetables in containersof more than 1 pound must state, in addition to the requirements of NRS 587.091:

1. The name of each kind and variety present in excessof 5 percent of the whole, and the percentage by weight of each in order of itspredominance.

2. The number or other identification of the lot.

3. For each seed of vegetables named on the label:

(a) The percentage of germination, exclusive of hardseed;

(b) The percentage of hard seed, if present; and

(c) The month and year the test for germination wascompleted.

4. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

5. The name and rate of occurrence per pound of eachkind of seed of restricted noxious weeds present in the container.

(Added to NRS by 1969, 359; A 1985, 627)

NRS 587.101 Seedsof flowers: Requirements for labels for packets prepared for use in homegardens or plantings for households; preplanted containers. The labeling for seeds of flowers in packets prepared foruse in home gardens or plantings for households must state, in addition to therequirements of NRS 587.091:

1. For all kinds of seeds of flowers:

(a) The name of the kind and variety or a statement ofthe characteristics of type and performance as prescribed in the regulationsadopted under paragraph (g) of subsection 1 of NRS 587.083;

(b) The month and year the seed was tested forgermination or the year for which the seed was packaged; and

(c) The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

2. In addition, for seeds of those kinds for whichstandard procedures for testing are prescribed and which germinate less thanthe standard of germination established in the regulations adopted underparagraph (c) of subsection 1 of NRS 587.083:

(a) The percentage of germination, exclusive of hardseed; and

(b) The words below standard in not less than 8-pointtype.

(Added to NRS by 1969, 359; A 1985, 628)

NRS 587.103 Seedsof flowers: Requirements for labels for other containers. The labeling of containers for seeds of flowers incontainers other than packets prepared for use in home gardens or plantings forhouseholds must state, in addition to the requirements of NRS 587.091:

1. For all kinds of seeds of flowers:

(a) The name of the kind and variety or a statement ofthe characteristics of type and performance as prescribed in the regulationsadopted under paragraph (g) of subsection 1 of NRS 587.083;

(b) The number or other identification of the lot;

(c) The month and year the seed was tested forgermination or the year for which the seed was packaged; and

(d) The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

2. In addition, for those kinds of seeds for whichstandard procedures for testing are prescribed:

(a) The percentage of germination, exclusive of hardseed; and

(b) The percentage of hard seed, if present.

(Added to NRS by 1969, 360; A 1985, 628)

NRS 587.105 Seedsof trees and shrubs: Requirements for labels. Exceptfor seed supplied by a seedsman of trees to a consumer under a contractual agreement,which may be labeled by invoice or by an analysis tag attached to the invoiceif the seed is in bulk or if each bag or other container is clearly identifiedby the number of the lot stenciled on the container, the labeling of each bagor container which is not so identified and each container of seeds of treesand shrubs which is sold, offered for sale or transported within this state forsowing purposes must state, in addition to the requirements of NRS 587.091:

1. The common name of the species of seed andsubspecies, if appropriate.

2. The scientific name of the genus, species andsubspecies, if appropriate.

3. The number or other identification of the lot.

4. The origin of the seed, specified as follows:

(a) For seed collected from a predominantly indigenousstand, the area of collection given by latitude and longitude, geographicdescription or political subdivision, including state and county; or

(b) For seed collected from other than a predominantlyindigenous stand, identification of the area of collection and the origin ofthe stand or, if applicable, the statement: Origin not indigenous.

5. The upper and lower limits of elevations withinwhich the seed was collected.

6. The purity of the seed as a percentage of pure seedby weight.

7. For those species for which standard procedures fortesting germination are prescribed by the Director, one of the following:

(a) The germination in percentage and percentage offirm ungerminated seed, and the month and year of the test;

(b) For seed transported or delivered fortransportation within the year of collection or within 6 months following theyear of collection, the statement: Test is in process; or

(c) For seed being transported to a consumer, the nameof the consumer and a statement: Contract seed not for resale, and subject totest to be arranged.

8. For those species for which standard procedures fortesting germination have not been prescribed by the Director, the year in whichthe seed was collected.

9. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.

(Added to NRS by 1969, 360; A 1985, 629; 1993, 1785; 1999, 3726)

NRS 587.107 Retentionand inspection of records and samples. Each personwhose name appears on a label as handling seeds subject to any of theprovisions of NRS 587.015 to 587.123, inclusive, shall keep for 2 yearscomplete records of each lot of seed handled and for 1 year a file sample ofeach lot of seed after final disposition of the lot. All such records andsamples pertaining to the shipment or shipments involved must be available forinspection by the Director or his representative during normal business hours.

(Added to NRS by 1969, 361; A 1993, 1785; 1999, 3726)

NRS 587.109 Inspectionof seed potatoes imported into State; disposal of diseased potatoes.

1. Any person importing any white or Irish potatoesintended for seed purposes into the State of Nevada shall, within 24 hoursafter the receipt of the potatoes, notify the Director of the arrival of thepotatoes and hold them at his place of business or at the point of receiptuntil the potatoes are inspected and released by the Director.

2. If, upon inspection, the Director finds that thepotatoes are infected with bacterial ring rot, or other potato diseases inamounts in excess of that allowed under the standards set for Nevada certifiedpotatoes, the potatoes may not be released for planting in this state, but mustbe disposed of for nonseed purposes in a manner approved by the Director.

3. If the seed potatoes are found to be free frombacterial ring rot, and other potato diseases are not present in excess of thatallowed under the standards set for Nevada certified seed potatoes, theDirector shall release the potatoes.

(Added to NRS by 1969, 361; A 1993, 1786; 1999, 3727)

NRS 587.111 Prohibitions. It is unlawful for any person to sell, offer for sale ortransport for sale any seeds of agricultural crops, flowers, vegetables, herbs,trees or shrubs within this state:

1. If they are subject to the labeling requirements ofNRS 587.091 to 587.105, inclusive, unless the test todetermine the percentage of germination required has been completed, asprescribed in the regulations adopted under paragraph (f) of subsection 1 of NRS 587.083, immediately before the sale,offering for sale or transporting of the seed.

2. Unless labeled in accordance with the provisions ofNRS 587.091 to 587.105, inclusive, or if bearing a falseand misleading label.

3. Which have been the subject of a false ormisleading advertisement.

4. Which consist of or contain prohibited seeds ofnoxious weeds in excess of recognized tolerances.

5. Which consist of or contain seeds of restrictednoxious weeds in excess of the number per pound as prescribed by regulationsadopted under paragraph (b) of subsection 1 of NRS 587.083, or in excess of the numberstated on the label attached to the container of the seed.

6. Which contain seeds of weeds in excess of limitsset forth in the regulations adopted under NRS587.015 to 587.123, inclusive.

7. Which are represented, by labeling, advertising orotherwise, to be any particular class of certified seed, unless:

(a) It has been determined by a certifying agency thatthe seed was produced, processed and packaged, in accordance with the standardsestablished by the agency; in addition, as to seeds for trees, the seed wasfound to be of the origin and elevation claimed; and

(b) The seed bears an official label, issued by thecertifying agency, that the seed is certified or registered.

(Added to NRS by 1969, 362; A 1985, 630)

NRS 587.113 Furtherprohibitions. It is unlawful for any personwithin this state:

1. To detach, alter, deface or destroy any labelprovided for in NRS 587.015 to 587.123, inclusive, or in the rules andregulations adopted pursuant thereto.

2. To alter or substitute seed contrary to theprovisions of NRS 587.015 to 587.123, inclusive, or the rules andregulations adopted pursuant thereto.

3. To disseminate any false or misleadingadvertisements concerning seeds subject to NRS587.015 to 587.123, inclusive.

4. To hinder or obstruct in any way any authorizedperson in the performance of his duties under NRS587.015 to 587.123, inclusive.

5. To violate a stop-sale order.

6. To use the word trace as a substitute for anystatement which is required on a label.

7. To use the word type in any labeling inconnection with the name of any agricultural seed variety.

(Added to NRS by 1969, 362)

NRS 587.114 Saleof uncertified seed by variety name unlawful. Itshall be unlawful to sell or offer for sale by variety name, seed not certifiedby an official seed certifying agency, when the variety is one for which anapplication for a certificate has been filed, or for which a certificate ofplant variety protection has been issued under authority of the Plant VarietyProtection Act (7 U.S.C. 2321 et seq.) requiring that the variety is to besold as Certified Seed only.

(Added to NRS by 1973, 280)

NRS 587.115 Exemptions. The provisions of NRS587.091 to 587.105, inclusive, donot apply:

1. To seed or grain not intended for sowing purposes.

2. To seed only while being stored in, transported toor consigned to an establishment for the conditioning or processing of seed ifthe invoice or labeling accompanying any shipment of such seed bears thestatement seed for processing.

3. To any carrier of seed which is transported ordelivered for transportation in the ordinary course of its business as acarrier, if the carrier is not otherwise engaged in producing, processing ormarketing seeds which are subject to NRS587.015 to 587.123, inclusive.

4. To seed from a bulk container which is weighed andpackaged in the presence of the purchaser, if that container is properlylabeled pursuant to NRS 587.091 to 587.105, inclusive.

(Added to NRS by 1969, 363; A 1985, 631)

NRS 587.117 Whenseller not subject to penalty for incorrect labeling or representations. A person who sells or offers to sell seeds which aresubject to the provisions of NRS 587.015to 587.123, inclusive, is not subject toa penalty for incorrect labeling or representation as to kind, species,variety, type or origin, elevation and year of collection, if applicable, ofsuch seeds if:

1. The seeds cannot be identified by mere examination;

2. He obtains and relies upon:

(a) An invoice;

(b) A declaration of a grower or a seedsman of trees,which states that the grower or seedsman has records to prove the progeny ofseed of the same origin; or

(c) Other labeling information; and

3. He takes other precautions as are reasonable toensure that the labeling and representations are correct.

(Added to NRS by 1969, 363; 1985, 632)

NRS 587.119 Permitrequired for removal of screenings or cleanings from premises; treatment ofscreenings.

1. If a seed is prepared for use, all screenings orcleanings must be removed from the premises only under a permit issued by theDirector.

2. It is unlawful to distribute, give away, sell oruse screenings containing weed seeds unless the screenings have been treated todestroy the viability of the weed seeds or otherwise in a manner approved bythe Director.

(Added to NRS by 1969, 363; A 1985, 632; 1993, 1786; 1999, 3727)

NRS 587.121 Seizure.

1. Any lot of seed found or reasonably suspected to bein violation of any of the provisions of NRS587.015 to 587.119, inclusive, issubject to seizure upon a complaint by the Director filed in the district courtof the county in which the seed is located.

2. If the court finds that the seed is in violation ofany of those provisions, it may, after allowing the party or parties ininterest to apply for the release of the seed or for permission to bring theseed into compliance with the law, make such orders as may be necessary for theseed to be processed, relabeled, denatured, destroyed or otherwise disposed ofaccording to the circumstances of the case.

(Added to NRS by 1969, 363; A 1993, 1786; 1999, 3727)

NRS 587.123 Penalty. Any person who violates any of the provisions of NRS 587.015 to 587.119, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1969, 363; A 1973, 280)

ALFALFA SEED RESEARCH AND PROMOTION

NRS 587.131 Definitions. As used in NRS 587.131to 587.185, inclusive, unless thecontext requires otherwise:

1. Advisory Board means the Alfalfa Seed AdvisoryBoard.

2. Alfalfa seed means the seed that is harvestedfrom any variety of alfalfa plant.

3. Dealer means any person, partnership,association, corporation, cooperative or other business unit or device thatfirst handles, packs, ships, buys and sells alfalfa seed.

4. Grower means any landowner personally engaged ingrowing alfalfa seed, or both the owner and tenant jointly, and includes aperson, partnership, association, corporation, cooperative organization, trust,sharecropper or any and all other business units, devices or arrangements thatgrow alfalfa seed.

(Added to NRS by 1975, 492; A 1993, 1786; 1999, 3727)

NRS 587.135 AlfalfaSeed Advisory Board: Creation; number and qualifications of members.

1. The Alfalfa Seed Advisory Board consisting of sevenmembers is hereby created.

2. Six members of the Advisory Board shall be:

(a) Citizens of the United States;

(b) Residents of the State of Nevada; and

(c) Alfalfa seed growers actively engaged in thegrowing and producing of alfalfa seed in the State of Nevada with a substantialportion of their income derived from growing alfalfa seed.

3. One member of the Board shall be:

(a) A citizen of the United States; and

(b) A dealer who is and has been actively engaged as adealer in alfalfa seed in the State of Nevada.

(Added to NRS by 1975, 492)

NRS 587.141 AlfalfaSeed Advisory Board: Members not paid. The membersof the Advisory Board serve without pay.

(Added to NRS by 1975, 493; A 1987, 1311)

NRS 587.145 AlfalfaSeed Advisory Board: Powers and duties. The AdvisoryBoard has:

1. Only such powers and duties as are authorized bylaw; and

2. The following powers and duties:

(a) To elect a chairman and such other officers as itdeems advisable.

(b) To prepare a budget covering anticipated income andexpenses for utilization of the money deposited to the Alfalfa Seed Researchand Promotion Account.

(c) To adopt procedures for filing with the AdvisoryBoard any proposed alfalfa seed research projects or market promotion projects.

(d) To prepare and present to the State Board ofAgriculture a program for research in the production, harvesting, processing,distribution and market promotion of alfalfa seed. The program must contain arecommendation of a natural person or agency to conduct or manage each project,the time period for each project and the budget allocation for the project.

(Added to NRS by 1975, 493; A 1991, 1797)

NRS 587.151 Powersand duties of State Board of Agriculture.

1. The State Board of Agriculture has the followingpowers and duties:

(a) To appoint the members of the Advisory Board, tofix their term of office and to fill all vacancies.

(b) To establish procedures for the Nevada alfalfa seedindustry to recommend persons for appointment to the Advisory Board.

(c) To administer, enforce and control the collectionof assessments levied for the Alfalfa Seed Research and Promotion Account.

(d) To authorize payments from the Alfalfa SeedResearch and Promotion Account upon the recommendation of the Advisory Board.

(e) To contract with natural persons or agencies forthe conduct or management of research and market promotion projects.

(f) To adopt regulations to carry out the provisions ofNRS 587.135 to 587.185, inclusive.

2. Money from the State General Fund may not be utilizedby the State Board of Agriculture in carrying out the provisions of NRS 587.131 to 587.185, inclusive. Expenditures for thosepurposes must be made only from the Alfalfa Seed Research and Promotion Accountcreated by NRS 561.409, and are subjectto the limitations stated in that section.

(Added to NRS by 1975, 493; A 1979, 624; 1991, 1797)

NRS 587.153 Depositof gifts and grants in Alfalfa Seed Research and Promotion Account. All gifts or grants of money which the Board is authorizedto accept must be deposited with the State Treasurer for credit to the AlfalfaSeed Research and Promotion Account.

(Added to NRS by 1979, 625; A 1991, 1798)

NRS 587.155 Levyand collection of special assessment; deposits to and refunds from Alfalfa SeedResearch and Promotion Account.

1. The Department shall, on or before August 1 of eachyear, fix an annual special assessment not to exceed 50 cents per hundredweight of alfalfa seed to be levied upon all alfalfa seed grown in this state.The Department shall collect the assessment and transmit the proceeds to theState Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

2. On or before June 30 of each year, any person whohas paid the special assessment levied pursuant to this section may file aclaim for a refund with the Department accompanied by a receipt showingpayment. Upon verification of the correctness of the claim, the Departmentshall transmit the claim to the State Controller for payment from the AlfalfaSeed Research and Promotion Account.

(Added to NRS by 1975, 493; A 1991, 1798; 1993, 1787;1999, 3728)

NRS 587.161 Liabilityfor payment of special assessment. Allassessments levied pursuant to the provisions of NRS 587.155 must be paid to the Departmentby the person, either grower or dealer, by whom the alfalfa seed was firsthandled in the primary channels of the trade and must be paid within 60 daysafter the date on which the grower received payment for the alfalfa seed. Ifthe person first handling the alfalfa seed in the primary channels of trade isa person other than the grower, he may charge against or recover from thegrower the full amount of any assessment paid by him under NRS 587.155.

(Added to NRS by 1975, 494; A 1993, 1787; 1999, 3728)

NRS 587.165 Penaltyfor failure to file return or pay assessment. Anygrower or dealer who fails to file a return or to pay any assessment pursuantto NRS 587.155 within the periodrequired forfeits to the Department a penalty of 5 percent of the amount of theassessment due and 1 percent of the assessment due for each month of delay orfraction thereof after the end of the month in which the return was required tobe filed or in which the assessment became due. The Department, if satisfiedthe delay was excusable, may remit all or any part of the penalty. The penaltymust be paid to the Department and deposited for credit to the Alfalfa SeedResearch and Promotion Account.

(Added to NRS by 1975, 494; A 1991, 1798; 1993, 1787;1999, 3728)

NRS 587.171 Recoveryof delinquent assessment and penalties. Any assessmentlevied constitutes a personal debt of every person so assessed. If a personfails to pay the assessment, including all penalties, the Department may, atany time within 3 years after the date of delinquency, maintain a civil actionagainst the person to recover the amount of the delinquent assessment andpenalties.

(Added to NRS by 1975, 494; A 1993, 1787; 1999, 3728)

NRS 587.175 Recordsof dealers.

1. Every dealer shall maintain accurate records of allNevada alfalfa seed handled, packed, shipped or processed by him.

2. The records must be:

(a) In such form and contain such information as theState Board of Agriculture may require;

(b) Preserved for 2 years; and

(c) Subject to inspection at any reasonable time at therequest of the State Board of Agriculture or the Department.

(Added to NRS by 1975, 494; A 1993, 1788; 1999, 3728)

NRS 587.181 Requirementsfor growers shipping out of State. Alfalfaseed growers who ship their alfalfa seed directly to dealers outside the Stateof Nevada shall remit assessment fees to and file such reports as are requiredwith the Department.

(Added to NRS by 1975, 494; A 1993, 1788; 1999, 3729)

NRS 587.185 Penalty. Any person who violates any of the provisions of NRS 587.131 to 587.181, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1975, 494)

STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS

NRS 587.290 Agriculturalproducts defined. As used in NRS 587.290 to 587.450, inclusive, unless the contextotherwise requires, agricultural products includes horticultural,viticultural, dairy, bee and farm products.

[Part 1:225:1931; 1931 NCL 451](NRS A 1997, 2101; 1999, 520, 542)

NRS 587.310 Administrationby State Quarantine Officer. The StateQuarantine Officer is designated as the authority to administer NRS 587.290 to 587.450, inclusive.

[Part 1:225:1931; 1931 NCL 451]

NRS 587.360 Stateinspectors: Designation; fees for services.

1. The State Quarantine Officer may designate anycompetent employee or agent of the Department to inspect or classifyagricultural products in accordance with such regulations as he may prescribeat such places as the volume of business may be found to warrant the furnishingof the inspection service, at the request of persons having an interest inthose products, and to ascertain and to certify to those persons the grade,classification, quality or condition thereof, and such other pertinent facts asthe State Quarantine Officer may require.

2. The State Quarantine Officer may fix, assess andcollect, or cause to be collected, fees for those services if they areperformed by employees or agents of the department.

[Part 5:225:1931; 1931 NCL 451.04](NRS A 1961,574; 1993, 1788; 1999,3729)

NRS 587.370 Countyinspectors: Employment; compensation; license required; allocation ofinspection fees.

1. The board of county commissioners of any county mayemploy one or more inspectors to assist in carrying out the provisions of NRS 587.290 to 587.450, inclusive, upon a salary or on aper diem basis, for such a period as the board and the State Quarantine Officerdeem necessary, but no inspector may be so employed who is not licensed by theState Quarantine Officer, who shall direct all of the inspectors officialactivities.

2. Any inspector so employed by any county shallcollect all inspection fees fixed and established by the State QuarantineOfficer for any inspections and certifications performed by him, and promptlyforward the fees to the State Quarantine Officer. The State Quarantine Officershall forward any portion of the fees due any federal agency to that agency.Ten percent of the inspection fees collected must be remitted to the Departmentfor use in the plant industry program, and the balance must be reimbursed tothe counties where the fees were collected.

[Part 9:225:1931; A 1949, 87; 1943 NCL 451.08](NRSA 1957, 187; 1961, 575; 1977, 233; 1993, 1788; 1999, 3729)

NRS 587.380 Licenseto inspect or classify agricultural products; regulations; compensation oflicensees; suspension and revocation of licenses. [Effective until 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. Upon satisfactory evidence of competency,submission of the statement required pursuant to NRS 587.382 and the payment of a reasonablefee for a license, the State Quarantine Officer may license a person to inspector classify agricultural products in accordance with such regulations as he mayprescribe at such places as the volume of business may be found to warrant thefurnishing of such inspection service, at the request of persons having aninterest in such products, and to ascertain and to certify to such persons thegrade, classification, quality or condition thereof, and such other pertinentfacts as the State Quarantine Officer may require.

2. Licensed inspectors may charge and collect ascompensation for such services only such fees as may be approved by the StateQuarantine Officer.

3. Except as otherwise required in subsection 4, theState Quarantine Officer may suspend or revoke any license if, after anopportunity for hearing has been afforded the licensee, the State Quarantine Officerdetermines that the licensee is incompetent or has knowingly or carelesslyfailed to certify correctly the grade, classification, quality or condition ofany agricultural product, or has violated any provisions of NRS 587.290 to 587.450, inclusive, or of the regulationsadopted pursuant thereto.

4. Pending investigation, the State Quarantine Officermay suspend a license temporarily without a hearing.

[Part 5:225:1931; 1931 NCL 451.04](NRS A 1997,2101)

NRS 587.380 License to inspect or classifyagricultural products; regulations; compensation of licensees; suspension andrevocation of licenses. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. Upon satisfactory evidence of competency and thepayment of a reasonable fee therefor, the State Quarantine Officer isauthorized to license a person to inspect or classify agricultural products inaccordance with such regulations as he may prescribe at such places as thevolume of business may be found to warrant the furnishing of such inspectionservice, at the request of persons having an interest in such products, and toascertain and to certify to such persons the grade, classification, quality orcondition thereof, and such other pertinent facts as the State QuarantineOfficer may require.

2. Licensed inspectors may charge and collect ascompensation for such services only such fees as may be approved by the StateQuarantine Officer.

3. The State Quarantine Officer may suspend or revokeany license whenever, after an opportunity for hearing has been afforded thelicensee, the State Quarantine Officer shall determine that such licensee isincompetent or has knowingly or carelessly failed to certify correctly thegrade, classification, quality or condition of any agricultural product, or hasviolated any provisions of NRS 587.290to 587.450, inclusive, or of theregulations made thereunder.

4. Pending investigation, the State Quarantine Officermay suspend a license temporarily without a hearing.

[Part 5:225:1931; 1931 NCL 451.04](NRS A 1997,2101, effective on the date of the repeal of the federal law requiring eachstate to 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 587.382 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of State Quarantine Officer. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, 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. An applicant for the issuance or renewal of alicense to inspect or classify agricultural products shall submit to the StateQuarantine Officer the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

2. The State Quarantine Officer shall include thestatement required pursuant 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 State QuarantineOfficer.

3. A license to inspect or classify agriculturalproducts may not be issued or renewed by the State Quarantine Officer if theapplicant:

(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 State QuarantineOfficer shall advise the applicant to contact the district attorney or otherpublic agency enforcing the order to determine the actions that the applicantmay take to satisfy the arrearage.

(Added to NRS by 1997, 2100)

NRS 587.384 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal 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. If the State Quarantine Officer receives a copy ofa court order issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who is theholder of a license to inspect or classify agricultural products, the StateQuarantine Officer shall deem the license issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the State Quarantine Officer receives a letter issued to the holder ofthe license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The State Quarantine Officer shall reinstate alicense to inspect or classify agricultural products that has been suspended bya district court pursuant to NRS 425.540if the State Quarantine Officer receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2101)

NRS 587.386 Applicationfor license to include social security number of applicant. [Expires bylimitation 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.] An applicationfor the issuance of a license to inspect or classify agricultural products mustinclude the social security number of the applicant.

(Added to NRS by 1997, 2101)

NRS 587.390 Officialstandards for grading and classifying agricultural products and farm productcontainers: Adoption by State Quarantine Officer; changes. In order to promote, protect, further and develop theagricultural interests of this state, the State Quarantine Officer is herebyauthorized and empowered, after investigation and public hearing:

1. To fix and promulgate:

(a) Official standards for grading and classifying anyor all agricultural products offered for sale in this state; and

(b) Official standards for containers of farm products.

2. To change any of them from time to time.

[2:225:1931; A 1949, 87; 1943 NCL 451.01]

NRS 587.400 Noticeof effective date of standard or of alterations or modifications; disseminationof information concerning standards.

1. In promulgating the standards or any alterations ormodification of such standards, the State Quarantine Officer shall specify thedate or dates when the same shall become effective and shall give public noticenot less than 30 days in advance of such date or dates by such means as hedeems proper.

2. The State Quarantine Officer is authorized andempowered to employ reasonable methods for diffusing information concerning thestandard that may be fixed by him for any agricultural product or container.

[3:225:1931; 1931 NCL 451.02]

NRS 587.410 Adoptionof federal standards; cooperation with United States.

1. The State Quarantine Officer is authorized to fixand promulgate as the official standard for this state for any agriculturalproduct or container the standard for such product or container which may havebeen promulgated or announced therefor under the authority of the Congress ofthe United States.

2. In carrying out the provisions of NRS 587.290 to 587.450, inclusive, the State QuarantineOfficer is authorized to cooperate with the United States or any departmentthereof in accomplishing the matters and things provided for therein.

[4:225:1931; 1931 NCL 451.03]

NRS 587.420 Appealsto State Quarantine Officer from findings of inspectors; fees.

1. Whenever any quantity of any agricultural productshall have been inspected under NRS 587.290to 587.450, inclusive, and a questionarises as to whether the certificate issued therefor shows the true grade,classification, quality or conditions of such product, any interested person,subject to such regulations as the State Quarantine Officer may prescribe, mayappeal the question to him and he is authorized to cause such investigation tobe made and such tests to be applied as he may deem necessary and to determineand issue a finding of the true grade or classification of the product or ofthe quality or condition thereof.

2. Whenever an appeal shall be taken to the StateQuarantine Officer under NRS 587.290 to 587.450, inclusive, he shall charge, assessand collect, or cause to be collected, a reasonable fee, to be fixed by him,which shall be refunded if the appeal is sustained.

[6:225:1931; 1931 NCL 451.05]

NRS 587.430 Certificatesas prima facie evidence. A certificate whennot superseded by a finding on appeal, or a finding on appeal of the grade,classification, quality or condition of any agricultural product issued under NRS 587.290 to 587.450, inclusive, and all certificatesissued under authority of the Congress of the United States relating to thegrade, classification, quality or condition of agricultural products, shall beaccepted in any court of this state as prima facie evidence of the true grade,classification, condition or quality of such agricultural product at the timeof its inspection.

[7:225:1931; 1931 NCL 451.06]

NRS 587.440 Unlawfulacts; penalty. Any employee or agent employedunder NRS 587.290 to 587.450, inclusive, or any inspectorlicensed thereunder, who shall knowingly inspect, grade or classify improperlyany agricultural product or shall knowingly give any incorrect certificate ofgrade, classification, quality or condition or shall accept money or otherconsideration directly or indirectly for any incorrect or improper performanceof duty, and any person who shall improperly influence or attempt to improperlyinfluence any such agent, employee or licensed inspector in the performance ofhis duty, shall be guilty of a misdemeanor.

[10:225:1931; 1931 NCL 451.09](NRS A 1961, 575)

NRS 587.450 Fraudulentrepresentations and unlawful use of containers; penalty.

1. If any quantity of any agricultural product shallhave been inspected and a certificate issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification,quality or condition thereof, no person shall represent that the grade, classification,quality or condition of such product at the time and place of such inspectionwas other than as shown by such certificate.

2. Whenever any standard for a container for anagricultural product becomes effective under NRS587.290 to 587.450, inclusive, noperson thereafter shall pack for sale, offer for sale, consign for sale, orsell and deliver, in a container, any such agricultural product to which thestandard is applicable unless the container conforms to the standard, subjectto such variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such productis brought from outside the State and offered for sale, consigned for sale or soldin the original package, but no agricultural product shall be offered for sale whichbears a label containing any superlative word or words designating a superior orhigher quality unless the product shall conform to the highest grade specificationadopted under the provisions of NRS 587.410.

3. Any person violating this section shall be guilty ofa misdemeanor.

[11:225:1931; 1931 NCL 451.10](NRS A 1957, 187;1961, 575)

FRUITS, NUTS AND VEGETABLES

NRS 587.460 Definitions. As used in NRS 587.460to 587.660, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 587.470 to 587.530, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1971, 1042; A 1993, 1788; 1999, 3729)

NRS 587.470 Bulklot and bulk load defined. Bulk lot orbulk load of any fresh or dried fruit, nut or vegetable means any one groupof specimens of such product which is not in a container and which is set apartor separate from any other group.

(Added to NRS by 1971, 1042)

NRS 587.480 Deceptivearrangement and deceptive display defined. Deceptivearrangement or deceptive display of fresh or dried fruits, nuts or vegetablesmeans any bulk lot or load, arrangement or display of such products which hasin the exposed surface fresh or dried fruits, nuts or vegetables which are sosuperior in quality, size, condition or in any other respect so superior tothose which are concealed or the unexposed portion as to materially misrepresentany part of the bulk lot or load.

(Added to NRS by 1971, 1042)

NRS 587.490 Deceptivepack defined. Deceptive pack means any containeror subcontainer which has in the outer layer or any exposed surface fruits,nuts or vegetables which are in quality, size, condition or in any otherrespect so superior to those in the interior of the container or subcontaineror in the unexposed portion as to materially misrepresent the contents. Suchpack is deceptive if the outer or exposed surface is composed of products whosesize is not an accurate representation of the variation of size of the productsin the entire container even though the fruits, nuts or vegetables in thecontainer are virtually uniform in size.

(Added to NRS by 1971, 1042)

NRS 587.500 Maturedefined. Mature, except when otherwisespecifically defined, means having reached that stage of ripeness which willensure the completion of the ripening process to a degree which will ensurepalatability after the removal of the product from the tree, plant or vine.

(Added to NRS by 1971, 1042)

NRS 587.510 Mislabeldefined. Mislabel means the placing or presenceof any false or misleading statement, design or device upon any of the following:Any container, the label or lining of any container, the wrapper of any freshor dried fruit, nut or vegetable, any placard which is used in connection withand which has reference to any fresh or dried fruits, nuts or vegetables. Astatement, design or device is false or misleading if the fresh or dried fruit,nut or vegetable or container to which it apparently or actually refers doesnot conform in every respect to such statements, design or device.

(Added to NRS by 1971, 1043)

NRS 587.520 Overripedefined. Overripe means having reached anadvance stage of maturity which causes the product to be undesirable for humanconsumption in a fresh state.

(Added to NRS by 1971, 1043)

NRS 587.530 Transportdefined. Transport does not include the ownersof vehicles employed in for-hire transportation.

(Added to NRS by 1971, 1043)

NRS 587.540 Enforcementof provisions. The Director and the deputiesand inspectors under his supervision and control shall enforce the provisionsof NRS 587.460 to 587.660, inclusive.

(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3729)

NRS 587.550 Adoptionof regulations. The Director may adoptregulations:

1. Prescribing methods of selecting samples of lots orcontainers of fruits, nuts and vegetables on a basis of size or other specificclassification which are reasonably calculated to produce by that sampling fairrepresentations of the entire lots or containers which are sampled.

2. Establishing and issuing official color chartswhich depict the color standards and requirements which may be established by NRS 587.460 to 587.660, inclusive.

3. Which are necessary to secure uniformity in theenforcement of the provisions of NRS 587.460to 587.660, inclusive.

(Added to NRS by 1971, 1043; A 1981, 92; 1993, 1789; 1999, 3730)

NRS 587.560 Cooperationwith counties in enforcement. The Director maycooperate financially or otherwise with any county in accordance with the provisionsof NRS 244.327 and 561.245 in the enforcement of theprovisions of NRS 587.460 to 587.660, inclusive.

(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

NRS 587.570 Potatoes:Grade requirements; marking and labeling of containers.

1. All potatoes sold or offered for sale for humanconsumption within this state must meet the U.S. No. 2 grade requirements orbetter, as adopted by the United States Department of Agriculture and by theDepartment pursuant to the provisions of NRS587.390.

2. All containers of potatoes if full must bear uponthem in plain sight and plain letters the name of the person who authorized thepacking of the potatoes or the name under which the packer is engaged inbusiness, together with a sufficiently explicit address to permit the readylocation of the packer.

3. All containers of potatoes sold must be marked withone of the grade markings for potatoes established by the United States Departmentof Agriculture and the Department, except that open containers are not requiredto be marked with one of the grade markings if they are part of an open displayof potatoes which is marked with one of the grade markings. The potatoes inthose containers must meet the grade marked on the open display.

(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

NRS 587.580 Onions:Grade requirements; marking and labeling of containers.

1. All onions sold or offered for sale for humanconsumption within this state must meet the U.S. No. 2 grade requirements, orbetter, as adopted by the United States Department of Agriculture and theDepartment pursuant to the provisions of NRS587.390.

2. All containers of onions if full must bear uponthem in plain sight and plain letters the name of the person who authorized thepacking of the onions or the name under which the packer is engaged inbusiness, together with a sufficiently explicit address to permit the readylocation of the packer.

3. All containers of onions sold must be marked withone of the grade markings for onions established by the United States Departmentof Agriculture and the Department, except that open containers are not requiredto be marked with one of the grade markings if they are part of an open displayof onions which is marked with one of the grade markings. The onions in thosecontainers must meet the grade marked on the open display.

(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

NRS 587.590 Nonconformitywith provisions unlawful. It is unlawful forany person to prepare, pack, place, deliver for shipment, deliver for sale,load, ship, transport, cause to be transported or sell any fruits, nuts orvegetables in bulk or in any container or subcontainer unless such fruits, nutsand vegetables and their containers conform to the provisions of NRS 587.460 to 587.660, inclusive.

(Added to NRS by 1971, 1044)

NRS 587.600 Deceptivepacks, loads or displays unlawful. It isunlawful for any person to prepare, pack, place, deliver for shipment, load,ship, transport or sell a deceptive pack, bulk lot, bulk load, load,arrangement or display of fresh or dried fruits, nuts or vegetables.

(Added to NRS by 1971, 1044)

NRS 587.610 Mislabeling,false or misleading statements or advertising unlawful. It is unlawful for any person to mislabel any fruit, nutor vegetable, or place or have any false or misleading statement or designationof quality, grade, trademark or trade name on any wrapper, container, label orlining of any container of any fresh or dried fruit, nut, vegetable, or on anyplacard which is used in connection with or which has reference to any fresh ordried fruit, nut, vegetable or container, bulk lot, bulk load, load,arrangement or display of fresh or dried fruits, nuts or vegetables.

(Added to NRS by 1971, 1044)

NRS 587.620 Unlawfulto violate or remove hold order. It isunlawful for any person to remove or dispose of any fruits, nuts, vegetables ortheir containers to which any hold order or notice has been affixed or toremove such hold order or notice from the place where it is affixed exceptunder a written permit to do so from an enforcing officer or under his specificdirection.

(Added to NRS by 1971, 1044)

NRS 587.630 Packingrequirements.

1. Except as otherwise provided in this chapter, it isunlawful for any person to pack any fruits, nuts or vegetables in layers in anycontainer which has straight sides unless there is approximately the samenumerical count in each layer.

2. All packed fruits, nuts or vegetables shall be sopacked that they will not move in the container. Fruits or vegetables which,after having been in storage or after having been shipped, fail to meet thisrequirement due to unavoidable natural shrinkage which occurs after packing donot violate the provisions of this section.

(Added to NRS by 1971, 1044)

NRS 587.640 Refusalto permit inspection unlawful. It is unlawfulfor any person to refuse to submit any container, subcontainer, load or displayof fruits, nuts or vegetables to the inspection of any enforcing officer or torefuse to stop any vehicle which contains any fruits, nuts or vegetables forthe purpose of inspection by an enforcing officer.

(Added to NRS by 1971, 1044)

NRS 587.650 Unlawfulto pack, transport or sell defective or damaged products. It is unlawful for any person to prepare, pack, place,deliver for shipment, deliver for sale, load, ship, transport or sell in theState of Nevada any nuts, fresh fruits or vegetables in bulk or in anycontainer or subcontainer unless 90 percent by weight or more of such fruits,nuts or vegetables in bulk or in any container or subcontainer as establishedby the inspection of a representative sample which are free from insect injurywhich has penetrated or damaged the edible portion, worms, internal breakdown,mold or decay. In addition, not more than 5 percent tolerance shall be allowedfor any one defect.

(Added to NRS by 1971, 1044)

NRS 587.660 Certainprovisions applicable only when specific standards of quality not otherwiseestablished. The provisions of NRS 587.590 to 587.650, inclusive, apply only to thosefruits, nuts or vegetables for which specific quality standards are nototherwise established by this chapter or by regulations adopted by theDirector. All nuts, fruits and vegetables if offered for sale must be maturebut not overripe.

(Added to NRS by 1971, 1045; A 1993, 1790; 1999, 3731)

COMMERCIAL FEED FOR LIVESTOCK

NRS 587.670 Definitions. As used in this section and NRS 587.680 and 587.690:

1. Commercial feed means all materials except seed,whole or processed, which are distributed for use as feed or for mixing in feedintended for livestock except that the Director by regulation may exempt fromthis definition or from specific provisions of NRS 587.680 and 587.690 commodities including hay, straw,stover, silage, cobs, husk, hull and individual chemical compounds andsubstances if those commodities, compounds or substances are not intermixed ormixed with other materials.

2. Contract feeder means a person who as anindependent contractor feeds commercial feed to animals pursuant to a contractwhereby the commercial feed is supplied, furnished or otherwise provided to theperson and whereby his remuneration is determined in whole or in part by feedconsumption, mortality, profits or the amount or quality of the product.

3. Customer-formula feed means commercial feed whichconsists of a mixture of commercial feeds or feed ingredients, each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser.

4. Livestock means:

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

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

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

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

(e) All poultry or domesticated fowl or birds.

(f) All rabbits of the genus oryctolagus.

(g) All sheep or animals of the ovine species.

(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731)

NRS 587.680 Adoptionof rules and regulations. The Director mayadopt such rules and regulations for commercial feed for livestock as arenecessary for the efficient enforcement of the provisions of NRS 587.690. Regulations must include, butare not limited to:

1. Methods of labeling;

2. Descriptions or statements of the ingredients orthe effects thereof;

3. Directions for use for all feed containing drugs;and

4. Warning or caution statements necessary for thesafe and effective use of the commercial feed.

(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731)

NRS 587.690 Requirementsfor labels; information to be furnished to purchaser; exceptions.

1. It is unlawful to sell, offer to sell or distributein this state any commercial feed for livestock unless each container in whichit is marketed bears a descriptive label or tag stating:

(a) The net weight of the commercial feed;

(b) The commonly recognized or official name of eachingredient used in its manufacture; and

(c) The guaranteed analysis of crude protein, crudefat, crude fiber and, except as otherwise provided in subsection 2, of mineralsand vitamins.

2. Minerals need not be guaranteed if mineral elementsare less than 6 1/2 percent and no claim is made on the label. Vitamins neednot be guaranteed if the commercial feed is neither formulated nor representedin any manner as a vitamin supplement.

3. Each delivery of commercial feed for livestock inbulk shall be accompanied by an invoice or delivery slip containing theinformation required by subsection 1, except that in the case of repeated bulkdeliveries of the same ingredients, only the first invoice or delivery slip isrequired to contain this information.

4. This section does not apply to customer-formulafeeds or to contract feeders.

(Added to NRS by 1973, 1133)

CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANICAGRICULTURAL PRODUCTS

NRS 587.700 Definitions. As used in NRS 587.700to 587.830, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 587.715 to 587.780, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 1634; A 1999, 3732; 2003, 399)

NRS 587.715 Agriculturalproduct defined. Agricultural product hasthe meaning ascribed to it in 7 U.S.C. 6502, as that section existed on July1, 2003.

(Added to NRS by 2003, 399)

NRS 587.740 FederalAct defined. Federal Act means the OrganicFoods Production Act of 1990, 7 U.S.C. 6501 et seq., as amended.

(Added to NRS by 1997, 1634)

NRS 587.750 Handlerdefined. Handler has the meaning ascribed toit in 7 U.S.C. 6502, as that section existed on July 1, 2003.

(Added to NRS by 1997, 1634; A 2003, 399)

NRS 587.780 Producerdefined. Producer has the meaning ascribedto it in 7 U.S.C. 6502, as that section existed on July 1, 2003.

(Added to NRS by 1997, 1634; A 2003, 399)

NRS 587.800 Directorauthorized to establish program for certification of producers and handlers oforganic agricultural products; approval of program by Secretary of Agriculture.

1. The Director may establish a program for the certificationof producers and handlers of organic agricultural products.

2. If such a program is established, the Governor andthe Director shall submit the program to the Secretary of Agriculture forapproval pursuant to the Federal Act.

(Added to NRS by 1997, 1634; A 1999, 3732; 2003, 399)

NRS 587.810 AdvisoryCouncil for Organic Agricultural Products: Creation; members; powers.

1. An Advisory Council for Organic AgriculturalProducts is hereby created in the Department. The Advisory Council consists of:

(a) Four members who are producers or handlers oforganic agricultural products;

(b) One member who is a purchaser, consumer, orwholesale or retail seller of organic agricultural products; and

(c) One member who represents an agricultural interestother than organic agricultural products.

2. The Director shall nominate members for the AdvisoryCouncil, and the State Board of Agriculture shall appoint the members.

3. The Advisory Council may:

(a) Advise the Director and the State Board ofAgriculture concerning the provision of information and educational services tothe public and to producers and handlers of organic agricultural productsconcerning the program for the certification of producers and handlers oforganic agricultural products established by the Director pursuant to NRS 587.800, if such a program isestablished; and

(b) Provide information and educational services to thepublic and to producers and handlers of organic agricultural products.

(Added to NRS by 1997, 1635; A 1999, 3732; 2003, 399)

NRS 587.820 AdvisoryCouncil for Organic Agricultural Products: Terms of members; vacancy; electionof officers; meetings; compensation of members.

1. The State Board of Agriculture shall appoint threeof the first members of the Advisory Council for Organic Agricultural Productsfor terms of 2 years and three for terms of 3 years. After the expiration ofthe initial term, the term of office of each member is 3 years. A vacancy mustbe filled, for the unexpired term, by appointment of a member whosequalifications are the same as those of the member replaced. The AdvisoryCouncil shall elect a Chairman and Vice Chairman from among its members. TheDirector shall provide appropriate secretarial support and a place for themeetings of the Advisory Council.

2. The Advisory Council shall meet at least annually,upon the call of the Director or the Chairman. A majority of the membersappointed to the Advisory Council constitutes a quorum.

3. For each day or portion of a day necessarily spenton the business of the Advisory Council, each member is entitled to receive:

(a) Compensation, to be fixed by regulation of theState Board of Agriculture, which must not exceed $80 per day; and

(b) The per diem allowance and travel expenses providedfor state officers and employees generally.

(Added to NRS by 1997, 1635; A 1999, 3732; 2003, 400)

NRS 587.830 Regulationsfor administration and enforcement of program for certification of producersand handlers of organic agricultural products; fees. Ifthe Director establishes a program for the certification of producers andhandlers of organic agricultural products pursuant to NRS 587.800, the State Board of Agricultureshall adopt appropriate regulations:

1. For the administration of the program, including,without limitation:

(a) Standards for the analysis and inspection oforganic agricultural products;

(b) Records required of producers and handlers oforganic agricultural products;

(c) Standards for the certification of producers andhandlers of organic agricultural products;

(d) Requirements for the use of a seal of approval fororganic agricultural products produced in this state; and

(e) A schedule of fees for initial certification andfor continued certification as a producer or handler of organic agriculturalproducts.

2. As necessary for the enforcement of the program,including, without limitation:

(a) Standards for the registration of producers andhandlers of organic agricultural products; and

(b) A schedule of fees for initial registration and forcontinued registration of producers and handlers of organic agriculturalproducts.

(Added to NRS by 1997, 1635; A 2003, 400)

 

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