As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 554.011
to 554.016 , inclusive, have the meanings ascribed to them
in those sections.
[Part 2:99:1927; NCL § 427]—(NRS A 1961, 515; 2001, 696 )
“Agricultural
commodity” means any bee, agricultural or horticultural crop, seed,
plant, tree or shrub, or any manufactured product thereof, or other
product of the soil, or any article except livestock.
(Added to NRS by 2001, 696 )
“Exportation” means the
transportation of any agricultural commodity by any railroad, express
company or other common carrier, or by any person as baggage or by
vehicle or automobile, or the permitting to run at large of the
agricultural commodity.
(Added to NRS by 2001, 696 )
“Farm” includes any farm, stock
range, stockyard, dairy, lot and other premises not otherwise enumerated.
(Added to NRS by 2001, 696 )
“Importation” means the
transportation or movement of any agricultural commodity into this State
by any railroad, express company, truckline or other common carrier, or
by any person by vehicle, automobile or otherwise.
(Added to NRS by 2001, 696 )
“Noxious weed” has the
meaning ascribed to it in NRS 555.005 .
(Added to NRS by 2001, 696 )
“Vertebrate pest” has the
meaning ascribed to it in NRS 555.005 .
(Added to NRS by 2001, 696 )
INTERSTATE QUARANTINE
1. The State Quarantine Officer may proclaim and enforce a
quarantine against any state, territory or district, or any portion of
any state, territory or district, relating to the importation into or
transportation through this State of any agricultural commodity, burlap,
container or other packing material that:
(a) Is infected with, or which may have been exposed to infection
with, any contagious or destructive disease, or infested with or exposed
to infestation with a parasite, noxious weed, weed seed, propagating part
of a plant, or vertebrate or invertebrate pest, or the eggs or larvae
thereof; and
(b) Is dangerous to:
(1) The public health or quality of any water in this State;
or
(2) Any wildlife, beneficial use of land in or industry of
this State.
2. A quarantine must not be issued pursuant to the provisions of
NRS 554.020 to 554.090 , inclusive, if the issuance of the quarantine
will conflict with the provisions of the Constitution of the United
States or any act of the Congress of the United States.
3. The quarantine remains effective until vacated by an order of
the State Quarantine Officer.
[1:99:1927; NCL § 426]—(NRS A 1957, 183; 1961, 516; 2001, 696
)
1. Any quarantine issued under the provisions of NRS 554.020
to 554.090 , inclusive, may:
(a) Consist of a complete embargo against the importation into or
transportation through the State of any agricultural commodity so
quarantined against; or
(b) Provide for the importation into or transportation through the
State of such agricultural commodity under such rules and regulations as
may be set forth and prescribed in the quarantine at the time the same is
issued.
2. Any quarantine issued under the provisions of NRS 554.020
to 554.090 , inclusive, shall remain fully in force and
effect until dissolved or modified by the State Quarantine Officer,
provided:
(a) That the State Quarantine Officer may amend from time to time
any quarantine so issued; and
(b) That any such amendments shall be general in their application
and shall not apply to any individual shipment or importation.
[3:99:1927; NCL § 428]—(NRS A 1961, 516)
When a quarantine is declared as provided in NRS
554.020 to 554.090 , inclusive, against the importation into or
transportation through this State of any agricultural commodity from any
other state, territory or district, or any portion or portions thereof, a
certified copy of such quarantine shall be personally delivered by the
State Quarantine Officer or his representative, or mailed by certified or
registered mail, to each of the following:
1. The governor or the proper quarantine official of such state,
territory or district.
2. The United States quarantine official having jurisdiction over
the same character of quarantine.
3. The state agent or other qualified official of any interstate
railroad, express company or other common carrier doing business within
this State.
[4:99:1927; NCL § 429]—(NRS A 1961, 516)
1. The State Quarantine Officer is designated the authority to
administer NRS 554.020 to 554.090
, inclusive.
2. Insofar as practicable, the State Quarantine Officer, in
carrying out the provisions of NRS 554.020 to 554.090 ,
inclusive, shall cooperate with the federal authorities and the
quarantine officials of the several states, territories and districts.
[5:99:1927; NCL § 430] + [8:99:1927; NCL § 433]—(NRS A 1961, 517)
1. Any agricultural commodity imported into or being transported
through this State in violation of any quarantine issued pursuant to the
provisions of NRS 554.020 to 554.090
, inclusive, must be immediately seized
by the State Quarantine Officer or his authorized representative and
treated in a manner approved by the State Quarantine Officer, or
destroyed or sent out of the State within 48 hours, at the option and
expense of the owner thereof.
2. If an agricultural commodity is seized by the State Quarantine
Officer pursuant to the provisions of subsection 1 and the movement of
the agricultural commodity to a point outside of the State would further
endanger:
(a) The public health or quality of any water in this State; or
(b) Any wildlife, beneficial use of land in or industry of this
State,
Ê the agricultural commodity seized by the State Quarantine Officer must
be destroyed as provided in subsection 1.
[Part 6:99:1927; NCL § 431]—(NRS A 1961, 517; 2001, 697 )
It shall be unlawful for any railroad, express company or
other common carrier, or any person or persons, to import into or
transport through the State of Nevada any agricultural commodity in
violation of the provisions of NRS 554.020 to 554.090 ,
inclusive, or to make delivery of any such commodity to any person or
persons within the limits of this State.
[Part 6:99:1927; NCL § 431]
In any criminal proceeding arising under NRS 554.020 to 554.090 ,
inclusive, proof that any commodity, prohibited by proclamation of
quarantine from importation into or transportation through this State,
was imported into or transported through this State in violation of such
quarantine shall be deemed proof within the meaning of NRS 554.020 to 554.090 ,
inclusive, that the same was diseased, exposed to disease or infested, or
exposed to infestation.
[Part 2:99:1927; NCL § 427]
1. In addition to any criminal penalty that may be imposed
pursuant to NRS 554.090 , any
corporation, common carrier, agent or employee of any corporation, or any
other person violating or assisting in violating any of the provisions of
NRS 554.020 to 554.090 , inclusive, or any regulation adopted pursuant
thereto, is liable for a civil penalty for each violation not to exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
2. If a defendant is convicted of violating any of the provisions
of NRS 554.020 to 554.090 , inclusive, or any regulation adopted pursuant
thereto, the court shall order the defendant to pay a civil penalty
pursuant to subsection 1. The court shall fix the manner and time of
payment.
3. All penalties collected pursuant to this section must be
deposited with the State Treasurer for credit to the State General Fund.
(Added to NRS by 1997, 81; A 2003, 531 )
Any corporation, common carrier,
agent or employee of any corporation, or any other person violating or
assisting in violating any of the provisions of NRS 554.020 to 554.090 ,
inclusive, is guilty of a gross misdemeanor and shall be punished by
imprisonment in the county jail for not more than 1 year, or by a fine of
not more than $5,000, or by both fine and imprisonment. The prosecuting
attorney and the State Department of Agriculture may recover the costs of
the proceeding, including investigative costs, against a person convicted
of a gross misdemeanor pursuant to this section.
[7:99:1927; NCL § 432]—(NRS A 1967, 611; 1997, 82)
INTRASTATE QUARANTINE
The State Quarantine Officer may proclaim and
enforce a quarantine against any county or portion of any county, farm,
nursery or apiary within this State, relating to the exportation from the
county, farm, nursery or apiary to any other portion of the State, of any
agricultural commodity that:
1. Is infected with, or which may have been exposed to, an
infectious, contagious or destructive disease or infested with a
parasite, noxious weed, weed seed, propagating part of a plant, or
vertebrate or invertebrate pest, or the eggs or larvae thereof; and
2. Is dangerous to:
(a) The public health or quality of any water in this State; or
(b) Any wildlife, beneficial use of land in or industry of this
State.
[Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A 1961, 517;
2001, 697 )
1. If it appears to the State Quarantine Officer that:
(a) The public health or quality of any water in this State; or
(b) Any wildlife, beneficial use of land in or industry of this
State,
Ê is endangered by exportations of any agricultural commodity to any
portion of the State from any county, portion of any county, farm,
nursery or apiary within the State, he shall immediately take steps to
ascertain the facts thereof.
2. If in the opinion of the State Quarantine Officer the facts so
warrant, he shall by proclamation declare that county, or portion of that
county, farm, nursery or apiary quarantined from exportations of any such
agricultural commodity to any other portion of the State.
3. The quarantine remains effective until vacated by an order of
the State Quarantine Officer.
[Part 2:280:1913; A 1915, 332; 1919 RL p. 2626; NCL § 437]—(NRS A
1961, 518; 2001, 698 )
1. When quarantine is declared against any county, or portion of
any county, farm, nursery or apiary within the state, forbidding
exportations therefrom of any commodity, a certified copy of the
proclamation shall be mailed by registered mail to each of the following:
(a) The sheriff.
(b) The chairman of the board of county commissioners.
(c) The county clerk.
2. If a single farm, nursery or apiary is quarantined, a certified
copy of the proclamation shall be mailed by registered or certified mail
to the owner or resident manager thereof.
3. The State Quarantine Officer may, in his discretion, as notice
to all concerned, cause a copy of such proclamation to be published in
some newspaper of general circulation published within the county, once a
week for 4 consecutive weeks, unless the quarantine is sooner raised.
[5:280:1913; 1919 RL p. 2626; NCL § 439]—(NRS A 1961, 518; 1969, 95)
1. The State Quarantine Officer is responsible for carrying out
the provisions of NRS 554.110 to
554.240 , inclusive.
2. The sheriff and all peace officers of any county, if called
upon by the State Quarantine Officer, shall aid and assist him in the
enforcement of a quarantine and in the arrest of any person accused of
violating the quarantine. The district attorney of any county in which
any person is charged with a misdemeanor pursuant to the provisions of
NRS 554.110 to 554.240 , inclusive, shall prosecute the misdemeanor.
[9:280:1913; 1919 RL p. 2628; NCL § 443] + [Part 15:280:1913; added
1915, 332; A 1927, 216; NCL § 445]—(NRS A 1961, 518; 1967, 178; 2001, 698
)
Insofar as
practicable, the State Quarantine Officer, in directing the enforcement
of quarantine, shall cooperate with federal authorities.
[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL § 441]—(NRS A
1961, 518)
1. The State Quarantine Officer may:
(a) Exercise all necessary authority required for the proper and
efficient enforcement of a quarantine.
(b) Make arrests of persons violating a quarantine, or suspected of
such a violation.
(c) Examine any premises or any shipment or consignment suspected
of containing a quarantined agricultural commodity within the meaning of
NRS 554.110 to 554.240 , inclusive, and may open any container thereof
and inspect the contents of the container.
2. If such a shipment or consignment proves to be a quarantined
agricultural commodity, the State Quarantine Officer may require any
railroad, express company or other common carrier immediately to reship
the consignment back to the point of origin, if the consignment has not
yet been delivered to the consignee. The failure or refusal of any
railroad company, express company or other common carrier promptly to do
so renders the company or carrier so offending liable for a fine of not
more than $5,000, which fine may be collected by proceedings instituted
by the State and prosecuted by the Attorney General in any court of
competent jurisdiction. Any property of the defendant within the State
may be levied on and sold in satisfaction of the judgment.
[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL § 441]—(NRS A
1961, 518; 1967, 612; 2001, 698 )
If, in the opinion of the State Quarantine
Officer, any agricultural commodity forbidden to be exported by any
proclamation of a quarantine is endangering:
1. The public health or quality of any water in this State; or
2. Any wildlife, beneficial use of land in or industry of this
State,
Ê the agricultural commodity may be fumigated, disinfected, treated or
destroyed by the State Quarantine Officer.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 519;
2001, 699 )
1. Any property ordered to be destroyed, if acquired by the owner
and the same came into his possession prior to the date of the
proclamation of quarantine, before being destroyed shall be appraised as
to its value by two disinterested appraisers, one to be appointed by the
owner, or if he is absent, by his agent, manager or foreman, and one by
the State Quarantine Officer. If the two so chosen cannot agree, they
shall name a third appraiser. If they are unable to agree upon a third
appraiser, the State Quarantine Officer may name some disinterested
person to name a third appraiser.
2. Two of the three persons so named as appraisers agreeing upon
the valuation of the property destroyed, the valuation shall be final.
3. The valuation so appraised shall be divided into three equal
parts, one part of which the owner shall lose. One part shall be paid to
the owner by the county wherein the property is situated by order of the
board of county commissioners from the county general fund upon receipt
of a certified copy of the appraisement. Payment from the county general
fund shall be in the same manner as payment of other bills against the
county is made. One part shall be paid to the owner by the Department
upon receipt of a certified copy of the appraisement attested by the
State Quarantine Officer.
4. No property destroyed under the provisions of NRS 554.170
and this section, if acquired or the
same came into the possession of the owner after the date of the
proclamation of quarantine, shall be subject to such part payment by the
county or by the Department.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 519)
1. All costs of fumigation, disinfection or treatment ordered to
be performed by the State Quarantine Officer shall be borne by the owner
of the agricultural commodity.
2. The owner or, in his absence, his agent, manager or foreman,
shall perform the fumigation, disinfection or treatment promptly and
exactly as instructed and not otherwise. The refusal or neglect so to do
shall be a misdemeanor.
3. In the case of refusal or neglect by the owner, agent, manager
or foreman to perform the fumigation, disinfection or treatment as
instructed, the State Quarantine Officer or any person deputized by him
may enter upon the premises and perform the fumigation, disinfection or
treatment. All the costs thereof shall attach as a lien against any
property of the owner within the State. On the neglect or refusal of the
owner promptly to pay the same on presentation of an itemized bill
certified to by the State Quarantine Officer or his deputy, the district
attorney of the county shall forthwith proceed to levy an attachment
against any property of the owner within the State for the amount due
plus the costs of legal proceedings, and shall proceed to collect the
same by foreclosure proceedings.
[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 520;
1967, 612)
1. Whenever the exportation of any agricultural commodities is
restricted by any quarantine proclamation or regulation of the State of
Nevada, or of any other state or territory, or of the United States
Government or any other authority empowered to issue such quarantine or
regulation, the State Quarantine Officer may appoint such properly
qualified deputies as may be necessary to inspect such commodities.
2. If exportation is not prohibited by law or quarantine
regulation, the deputy state quarantine officers may issue certificates
permitting the exportation of agricultural commodities.
3. If any such inspection is requested by the owner, shipper or
person in charge of any such agricultural commodity and discontinued for
any reason before its completion, an equitable proportion of the total
cost therefor, had the same been completed, shall immediately be payable
and collectible as provided in subsection 4.
4. On the neglect or refusal of the owner, shipper or person in
charge of any inspected agricultural commodity to pay the charges
prescribed in this section, on presentation of an itemized bill covering
the same, the district attorney of the county shall forthwith proceed to
levy an attachment against the agricultural commodity so inspected for
the amount due plus the costs of legal proceedings, and shall collect the
same by legal proceedings.
[16:280:1913; added 1923, 177; NCL § 446]—(NRS A 1961, 520)
1. Whenever any county or portion of any county is under
quarantine by the State of Nevada, or any other state or territory, or
the United States Government, or any other authority empowered to issue
such quarantine, the board of county commissioners may employ for such
period as the board deems necessary upon a salary basis one or more
deputy state quarantine officers provided for in NRS 554.200 . No person shall be employed by any county in
such a capacity who has not been appointed a deputy state quarantine
officer by the State Quarantine Officer. The State Quarantine Officer
shall have the authority to cancel the appointment at any time, which
cancellation shall automatically terminate such employment by the county.
2. Whenever a deputy state quarantine officer is employed by any
county as provided in subsection 1, any inspection fees set as provided
in NRS 554.200 shall be collected as
therein provided and turned into the county treasury of the county
employing such deputy state quarantine officer.
[17:280:1913; added 1923, 177; NCL § 447]
1. Any railroad company, express company or other common carrier
which shall carry, haul or transport from any county, portion of any
county, farm, nursery or apiary within the state, under quarantine, to
any other part of the state, any agricultural commodity forbidden to be
so exported shall be liable for any damages occurring by reason of such
exportation.
2. Such damages may be recovered by an action against the railroad
company, express company or common carrier brought in any court of
competent jurisdiction within 2 years after the date of such offense or
offenses, if more than one. Such action shall be instituted in the name
of the State, for and on behalf of the person, firm or corporation
suffering injury, and the Attorney General shall prosecute the same.
[Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A 1961, 521)
In any criminal proceeding arising under NRS
554.110 to 554.240 , inclusive, proof that any agricultural
commodity, forbidden by a proclamation of a quarantine from export, was
exported in violation of the quarantine shall be deemed proof, within the
meaning of NRS 554.110 to 554.240
, inclusive, that the agricultural
commodity was diseased, exposed to disease or infested.
[Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A 1961, 521;
2001, 699 )
Any person, or any officer, agent or
employee of any corporation, who shall export, or who shall assist in
exporting, as a principal or accessory, any agricultural commodity
forbidden to be exported by any proclamation of quarantine shall be
guilty of a misdemeanor.
[Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A 1961, 521;
1967, 612)
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