The Legislature declares
that the purpose of this chapter is:
1. To benefit and to promote the welfare of all the people of the
State of Nevada.
2. To promote the efficient, orderly and economical conduct of the
various activities for the encouragement, advancement and protection of
the livestock and agricultural industries of the State of Nevada.
(Added to NRS by 1961, 496)
As used in this chapter, unless the
context requires otherwise:
1. “Board” means the State Board of Agriculture.
2. “Department” means the State Department of Agriculture.
3. “Director” means the Director of the Department.
4. “Livestock” means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the 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 dogs, cats or other animals domesticated or under the
restraint or control of man.
(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655 )
1. The State Department of Agriculture is hereby created.
2. The administration of the provisions of this chapter is vested
in the Department.
(Added to NRS by 1961, 496; A 1993, 1721; 1999, 3655 )
STATE BOARD OF AGRICULTURE
There is
hereby created in the Department a State Board of Agriculture composed of
11 members appointed by the Governor.
(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299; 1989, 802;
1993, 1722; 1999, 3655 ; 2003, 2146 )
1. Three members of the Board must be actively engaged in range or
semirange cattle production, one in dairy production, one in range or
semirange sheep production, one in general farming, one in general
agriculture, one in growing crops which are planted in rows spaced to
permit mechanical cultivation, one in the control of pests, one in the
petroleum industry and one in raising nursery stock.
2. Not more than two members may be residents of the same county,
and the range or semirange cattle production members must be residents of
different counties.
(Added to NRS by 1961, 496; A 1979, 696; 1981, 1299; 1989, 802;
1999, 1388 ; 2003, 2146 )
1. While engaged in the business of the Department, each member of
the Board is entitled to receive a salary of not more than $80 per day,
as fixed by the Board.
2. While engaged in the business of the Department, each member
and employee of the Board is entitled to receive the per diem allowance
and travel expenses provided for state officers and employees generally.
3. The salaries, per diem allowances and travel expenses of the
members and employees of the Board must be paid from any money available
to the Department.
(Added to NRS by 1961, 497; A 1973, 996; 1975, 299; 1981, 1989;
1985, 438; 1989, 1720; 1993, 1722; 1999, 3655 )
1. The Board shall elect one of its members as Chairman of the
Board.
2. The Director shall act as the nonvoting recording Secretary of
the Board and shall keep the minutes and audio recordings or transcripts
of the proceedings of the Board.
(Added to NRS by 1961, 497; A 1993, 1722; 1999, 3656 ; 2005, 1415 )
1. The members of the Board may meet at such times and at such
places as may be specified by the call of the Chairman or a majority of
the Board, and a meeting of the Board may be held regularly at least once
every 3 months. In case of an emergency, special meetings may be called
by the Chairman or by the Director.
2. Six members of the Board constitute a quorum. A quorum may
exercise all the authority conferred on the Board.
3. Minutes and audio recordings or transcripts of each meeting,
regular or special, must be filed with the Department and, except as
otherwise provided in NRS 241.035 , are
public records.
(Added to NRS by 1961, 497; A 1983, 1447; 1985, 624; 1989, 802;
1993, 1722; 1999, 3656 ; 2005, 1415 )
1. The Board:
(a) Must be informed on and interested in the entire field of
legislation and administration charged to the Department.
(b) Shall report to the Governor and Legislature on all matters
which it deems relevant to the Department, and concerning any specific
matters previously requested by the Governor.
(c) Shall advise and make recommendations to the Governor or the
Legislature relating to the policies of the State concerning livestock
and agriculture.
(d) Shall establish the policy of the Department.
(e) Shall adopt such regulations as it deems necessary for the
operation of the Department and for carrying out the provisions of the
laws and programs administered by the Department.
2. The Board shall prescribe rules for its management and
government.
(Added to NRS by 1961, 497; A 1985, 369; 1993, 1722; 1999, 3656
)
DIVISION OF MEASUREMENT STANDARDS
1. The Division of Measurement Standards is hereby created within
the Department. The Director shall appoint an Administrator of the
Division who shall administer all activities and services of the Division.
2. The Division of Measurement Standards shall administer and
enforce the provisions of chapters 581 and
582 of NRS and NRS 590.010 to 590.450 , inclusive.
(Added to NRS by 2003, 2329 )
DIRECTOR
The Director:
1. Must be appointed by the Board with the approval of the
Governor.
2. Is in the unclassified service of the State.
(Added to NRS by 1961, 497; A 1971, 2082; 1977, 311; 1993, 1723;
1999, 3656 )
The Director must be a graduate of an
accredited college or university and have at least 5 years’ experience in
official agricultural or livestock regulatory work, public
administration, accounting or business administration.
(Added to NRS by 1961, 497; A 1993, 1723; 1995, 432; 1999, 3657
)
The salary of the Director may be apportioned
and paid from any money available to the Department unless otherwise
provided by specific statute.
(Added to NRS by 1961, 497; A 1971, 2082; 1985, 438; 1993, 1723;
1999, 3657 )
1. The Director shall direct and supervise all administrative and
technical activities of the Department, and all programs administered by
the Department as provided by law. Except as otherwise provided in NRS
284.143 , the Director shall devote his
entire time to the duties of his office, and shall follow no other
gainful employment or occupation.
2. The Director may, within such limitations as may be provided by
law, organize the Department into divisions and, from time to time, alter
that organization and reassign responsibilities and duties as he may deem
appropriate.
3. The Director shall:
(a) Coordinate the activities of the divisions of the Department.
(b) Report to the Board upon all matters pertaining to the
administration of the Department.
(c) Submit a biennial report to the Governor, the Legislature and
the Board of the work of the Department, with recommendations that he may
deem necessary. The report must set forth the facts relating to the
condition of the livestock, agriculture and related industries in the
State of Nevada.
(Added to NRS by 1961, 498; A 1993, 1723; 1995, 2317; 1999, 3657
)
1. Whenever the Director is authorized or required by law to
conduct a hearing, he may issue subpoenas requiring the attendance of
witnesses before him, together with all books, memoranda, papers and
other documents relating to the matters for which the hearing is called,
and take depositions within or without the state, as the circumstances of
the case may require.
2. The district court in and for the county in which any hearing
is being conducted by the Director may compel the attendance of
witnesses, the giving of testimony and the production of books and papers
as required by any subpoena issued by the Director.
3. In case of the refusal of any witness to attend or testify or
produce any papers required by the subpoena, the Director may report to
the district court in and for the county in which the hearing is pending
by petition, setting forth:
(a) That notice has been given of the time and place of attendance
of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed
in this section; and
(c) That the witness has failed and refused to attend or produce
the papers required by subpoena before the Director in the hearing named
in the subpoena, or has refused to answer questions propounded to him in
the course of the hearing,
Ê and asking an order of the court compelling the witness to attend and
testify or produce the books or papers before the Director.
4. The court, upon petition of the Director, shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in the order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended or testified or produced the books or papers before the
Director. A certified copy of the order must be served upon the witness.
If it appears to the court that the subpoena was regularly issued by the
Director, the court may thereupon enter an order that the witness appear
before the Director at the time and place fixed in the order and testify
or produce the required books or papers, and upon failure to obey the
order the witness must be dealt with as for contempt of court.
(Added to NRS by 1967, 420; A 1981, 89; 1993, 1723; 1999, 3657
)
If any feed, grain, hay,
machinery or other article is found to be infested with, or the possible
carrier of, the propagating parts of any noxious weed, injurious insect
pest or plant disease, and the Director determines that movement of the
article into any area of the State will be damaging or will jeopardize
the agricultural industry of the area, the Director may prohibit or
restrict movement of the infested article or may prescribe treatment to
devitalize or sterilize the infested article.
(Added to NRS by 1965, 31; A 1993, 1724; 1997, 484; 1999, 3658
)
The Director may
participate in the investigation and prosecution of any suspected theft,
mutilation or malicious destruction of livestock, and may temporarily
stop the movement of livestock and carcasses for the purpose of
inspection.
(Added to NRS by 1967, 282; A 1993, 1724; 1999, 3658 )
In all cases where the Director is
required or authorized by law to proceed upon a verified complaint, he,
or his deputy so authorized by him, may take depositions, within or
without the State, as the circumstances of the case may require.
(Added to NRS by 1965, 409; A 1981, 90; 1993, 1724; 1999; 3658)
The Director may by regulation:
1. Prescribe, in addition to any other fees prescribed by the
Director pursuant to titles 49, 50 and 51 of NRS, a fee to cover the
costs incurred by the Department for any service, product or publication
provided by the Department pursuant to titles 49, 50 and 51 of NRS or the
regulations adopted pursuant thereto; and
2. Adopt such procedures as he may deem appropriate for the
billing or collection of such fees.
(Added to NRS by 1969, 138; A 1979, 292; 1993, 1724; 1999, 3597
, 3658 ; 2003, 1430 )
The
Director is hereby designated and appointed ex officio State Sealer of
Weights and Measures, and shall carry out all the duties of the State
Sealer of Weights and Measures as provided by law.
(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3658 )
The Director is
hereby designated and appointed ex officio State Quarantine Officer, and
shall carry out all the duties of the State Quarantine Officer as
provided by law.
(Added to NRS by 1961, 498; A 1993, 1725; 1999, 3659 )
The
Director may designate an employee of the Department to act as his
deputy. In case of the absence of the Director, or his inability from any
cause to discharge the powers and duties of his office, those powers and
duties devolve upon his deputy.
(Added to NRS by 1961, 499; A 1993, 1725; 1999, 3659 )
MANAGEMENT OF ACTIVITIES; POWERS AND DUTIES
The Director shall appoint a person to
manage the activities of the Department relating to the protection and
promotion of the livestock industry of the State of Nevada. The person is
in the unclassified service of the State and must:
1. Be appointed on the basis of merit;
2. Be a graduate of a veterinary school or college approved by the
American Veterinary Medical Association; and
3. Have at least 5 years’ experience in official work for
regulating and controlling diseases in livestock.
Ê The Director may remove the person from office with the approval of the
Board.
(Added to NRS by 1961, 498; A 1985, 438; 1991, 1353; 1993, 1725;
1999, 3659 )
The Director shall appoint a person to
manage the activities of the Department relating to brands and marks and
brand inspection in the State of Nevada. The person must be appointed on
the basis of merit and is in the unclassified service of the State. The
Director may remove the person from office with the approval of the Board.
(Added to NRS by 1971, 2082; A 1991, 1354; 1993, 1725; 1999, 3659
)
The Director shall appoint a person
to manage the activities of the Department relating to the protection and
promotion of the agricultural industry of the State of Nevada. The person
is in the unclassified service of the State and must:
1. Be appointed on the basis of merit;
2. Be a graduate of an accredited college or university with a
major in one of the agricultural sciences; and
3. Have at least 5 years’ experience in official work for
regulating agriculture.
Ê The Director may remove the person from office with the approval of the
Board.
(Added to NRS by 1961, 499; A 1985, 438; 1991, 1354; 1993, 1725;
1999, 3659 )
1. The Director shall appoint a person to manage the activities of
the Department relating to natural resources, land use planning and the
management and control of wild horses, estrays and feral livestock. The
person must be appointed on the basis of merit and is in the unclassified
service of the State. The Director may remove the person from office with
the approval of the Board.
2. The person appointed shall:
(a) Establish and carry out a policy for the management and control
of estrays and the preservation and allocation of natural resources
necessary to advance and protect the livestock and agricultural
industries in this state.
(b) Develop cooperative agreements and working relationships with
federal and state agencies and local governments for land use planning
and the preservation and allocation of natural resources necessary to
advance and protect the livestock and agricultural industries in this
state.
(c) Cooperate with private organizations and governmental agencies
to develop procedures and policies for the management and control of wild
horses.
(d) Monitor gatherings of estrays and feral livestock conducted
pursuant to the provisions of NRS 569.040 to 569.130 ,
inclusive, and assist district brand inspectors in identifying estrays
before they are sold or given a placement or other disposition through a
cooperative agreement established pursuant to NRS 569.031 .
(e) Provide the members of the general public with information
relating to the activities of the Department and solicit recommendations
from the members of the general public and advisory groups concerning
those activities.
(f) Make assessments of the level of competition between livestock
and wildlife for food and water, collect data concerning the movement of
livestock and perform activities necessary to control noxious weeds.
(g) Participate in land use planning relating to the competition
for food and water between livestock and wildlife to ensure the
maintenance of the habitat of both livestock and wildlife.
(h) Present testimony, conduct research and prepare reports for the
Governor, the Legislature, the Director and any other person or
governmental entity as directed by the Director.
(i) Develop and carry out a program to educate the members of the
general public concerning the programs administered by the Department,
including programs for the management and control of estrays and feral
livestock.
(j) Make proposals to the Director for the amendment of the
regulations adopted by the Board pursuant to NRS 561.105 .
(k) Perform such other duties as directed by the Director.
3. As used in this section:
(a) “Estray” has the meaning ascribed to it in NRS 569.0075 .
(b) ”Feral livestock” has the meaning ascribed to it in NRS 569.008
.
(c) “Wild horse” has the meaning ascribed to it in NRS 504.430
.
(Added to NRS by 1997, 1404; A 1999, 3659 ; 2003, 2146 )
1. The Director shall appoint such technical, clerical and
operational staff as the execution of his duties and the operation of the
Department may require.
2. The Director may designate such department personnel as are
required to be field agents and inspectors in the enforcement of the
provisions of Titles 49 and 50 of NRS and chapters 581 , 582 , 583 , 586 , 587 , 588 and 590 of NRS. The provisions of this subsection do not authorize any
department personnel so designated by the Director to retire from the
Public Employees’ Retirement System before having attained the minimum
service retirement age of 60 years.
(Added to NRS by 1961, 499; A 1967, 695; 1985, 438; 1993, 1725,
2540; 1995, 703; 1999, 3660 ; 2001, 1731 )
1. The Department shall maintain a principal office and may
maintain district or branch offices throughout the State if they are
necessary for the efficient operation of the Department.
2. The Director shall select the location of those offices and may
enter into such leases or other agreements as may be necessary to
establish them. The leases or agreements must be executed in cooperation
with the Buildings and Grounds Division of the Department of
Administration and in accordance with the provisions of NRS 331.110
.
(Added to NRS by 1961, 499; A 1963, 1070; 1973, 1476; 1983, 280;
1993, 1726; 1999, 3661 )
In the administration of
various programs by the Department as provided by law, the Department may
cooperate, financially or otherwise, and execute contracts or agreements
with the Federal Government or any federal department or agency, any
other state department or agency, a county, a city, a public district or
any political subdivision of this state, a public or private corporation,
a natural person, or a group of natural persons, but such cooperation
does not relieve any person, department, agency, corporation or political
subdivision of any responsibility or liability existing under any
provision of law.
(Added to NRS by 1961, 499; A 1993, 1726; 1999, 3661 )
1. The Department shall adopt regulations necessary to establish
an Agricultural Loan Mediation Program that complies with the
requirements of 7 U.S.C. § 5101(c) for certification by the Secretary of
Agriculture. The Department shall establish fees to be charged by it for
participation in the Program. The amount of the fees must be sufficient
to cover the costs of administering the Program.
2. The Department shall administer the Program established
pursuant to subsection 1.
(Added to NRS by 1989, 1457; A 1993, 1726; 1999, 3661 )
1. The Department may accept, for programs administered by it, any
money or other contribution which is made available by:
(a) Any Act of the Congress of the United States;
(b) A county, city, public district or any political subdivision of
this state; or
(c) A public or private corporation or association or by any person.
2. Any money or other contribution accepted by the Department
under the provisions of this section must be deposited with the State
Treasurer for credit to the appropriate fund and used for a program of
the Department.
(Added to NRS by 1961, 499; A 1977, 232; 1993, 1726; 1999, 3661
)
All general orders, rules or regulations applying to the State, a county
or a district shall be published at least twice in a newspaper having a
general circulation in the area affected by the order, rule or
regulation. Such publication shall constitute legal notice of the order,
rule or regulation, and shall be in accordance with the provisions of NRS
238.010 to 238.080 , inclusive.
(Added to NRS by 1961, 500)
1. The Department may exhibit and display property, objects,
articles, things, livestock and commodities at exhibits, fairs,
expositions and places of public or private exhibition.
2. The Department may negotiate, consult with and agree with
institutions, departments, officers, persons and corporations of and in
the State of Nevada and elsewhere concerning quarters for and the
preservation, care, transportation, storing, custody, display and
exhibition of property, objects, articles, things, livestock and
commodities, and concerning the terms and cost thereof, the manner, time,
place and extent thereof, and the return thereof.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3661 )
1. Except as otherwise provided in subsection 2, the Department
may collect and disseminate, throughout the State, information calculated
to educate and benefit the general public and the livestock and
agricultural industries of the State of Nevada, and information
pertaining to any program administered by the Department.
2. Except as otherwise provided in NRS 571.160 , all proprietary information concerning:
(a) Numbers of animals;
(b) The quantity of production;
(c) Fiscal or tax matters; or
(d) The security of any facility,
Ê which specifically relates to a natural person, company, corporation or
other nonpublic entity, and which is collected by the Department pursuant
to the provisions of titles 49 and 50 of NRS and chapters 581 , 582 , 583 , 586 , 587 , 588 and 590 of NRS, is confidential.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662 ; 2005, 524 )
1. The Director may issue and enforce a written hold order to the
owner or custodian of any agricultural commodity, livestock, livestock
product, appliance, material or article which he finds is in violation of
any of the provisions of law administered by the Department or which he
finds to be infested with a pest or infected with a disease. The order
may prohibit further sale or movement or require that the agricultural
commodity, livestock, livestock product, appliance, material or article
to be held on the premises or at a designated premise until the Director
has evidence that the order has been complied with, and upon compliance,
the order must be dissolved.
2. It is unlawful to move or otherwise dispose of any agricultural
commodity, livestock, livestock product, appliance, material or article
except with the permission of the Director and for the purposes specified
therein. Upon demand, the owner or custodian of the agricultural
commodity, livestock, livestock product, appliance, material or article
has the right to a hearing before the Director relative to the
justification of any such order. The provisions of this section do not
limit the right of the Department to proceed as authorized by law. Any
decision of the Director issued in accordance with this section is
subject to review by any court of competent jurisdiction.
(Added to NRS by 1961, 500; A 1993, 1727; 1999, 3662 )
Aquatic agriculture, which includes the propagation,
cultivation and harvesting of plants indigenous to water in a controlled
or selected aquatic environment for the commercial production of food, is
one of the agricultural enterprises conducted in this state. The
Department shall promote, protect and regulate aquatic agriculture to the
extent that the Department is authorized to regulate other forms of
agriculture and other agricultural products. The Department shall confer
with the Department of Wildlife regarding aquatic agriculture to prevent
any adverse effects on existing aquatic animals.
(Added to NRS by 1985, 624; A 1993, 1727; 1999, 3662 ; 2003, 1582 )
The Department shall establish and
maintain a laboratory for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases
of animals, as may be necessary under the provisions of chapter 571
of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases
of bees, as may be necessary under the provisions of chapter 552 of NRS.
3. The diagnosis of infectious, contagious and destructive
diseases of agricultural commodities, and infestations thereof by pests,
as may be necessary under the provisions of chapter 554 of NRS.
4. The survey and identification of insect pests, plant diseases
and noxious weeds, and the maintenance of a herbarium, as may be
necessary under the provisions of NRS 555.005 to 555.249 , inclusive.
5. The testing of pesticides, as may be necessary under the
provisions of NRS 555.2605 to 555.460 , inclusive, and 586.010 to 586.450 , inclusive.
6. The safekeeping and maintenance of official standards of
weights and measures, as may be necessary under the provisions of chapter
581 of NRS.
7. The testing and grading of agricultural products and the
testing of the purity and germinating power of agricultural seeds and the
testing of the spray residue contained in produce, as may be necessary
under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and
agricultural minerals, as may be necessary under the provisions of
chapter 588 of NRS.
9. The analysis and testing of petroleum products or motor vehicle
fuel, as may be necessary under the provisions of NRS 590.010 to 590.150 , inclusive.
10. The analysis and testing of antifreeze, as may be necessary
under the provisions of NRS 590.340 to 590.450 , inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as
may be deemed necessary by the Director and which can be made with
equipment available in any such laboratory. Any resident of this State
may submit samples to the Department for examination, diagnosis, analysis
or testing, subject to such rules and regulations as may be adopted by
the Director.
(Added to NRS by 1961, 501; A 1969, 363, 634; 1971, 1257; 1975,
596; 1993, 1728; 1999, 2850 , 3662 ; 2003, 413 , 2147 ; 2005, 661 )
The
Director may fix the maximum number of samples that may be examined,
diagnosed, analyzed or tested in the Department’s laboratory free of
charge for any one natural person, group or corporation in any one
period, and may fix reasonable fees for samples submitted in excess of
those tested free of charge.
(Added to NRS by 1961, 501; A 1993, 1728; 1999, 3663 )
1. The Department may offer a standing reward, or a reward for
each class of livestock, not to exceed $1,500, for information leading to
the arrest and conviction of each person engaged in stealing livestock.
The reward must be paid to the person who provides the information
leading to the arrest and conviction of the person immediately upon the
conviction of the person so arrested.
2. The Director may establish such further conditions and rules
relating to the offering of such rewards and the payments thereof as he
may deem proper.
(Added to NRS by 1961, 505; A 1973, 203; 1993, 1729; 1995, 10;
1999, 3663 )
FINANCES AND PROGRAMS
1. The Revolving Account for Agriculture Working Capital in the
amount of $10,000 is hereby created for the use of the Department.
2. The Account must be used specifically for carrying out the
provisions of NRS 569.005 to 569.080
, inclusive, and 569.100 to 569.130 ,
inclusive.
3. The Account may be used for:
(a) Paying the expenses of all programs and laws administered by
the Department, except expenses related to estrays and feral livestock
which are required to be paid pursuant to NRS 569.090 . The Account must be reimbursed promptly from
the proper funds in the State Treasury by claims paid as other claims
against the State are paid for any expenses paid pursuant to this
paragraph.
(b) Providing advance money to officers and employees of the
Department for travel expenses and subsistence allowances arising out of
their official duties or employment. Such an advance constitutes a lien
in favor of the Department upon the accrued wages of the requesting
officer or employee in an amount equal to the sum advanced, but the
Director may advance more than the amount of the accrued wages of the
officer or employee. Upon the return of the officer or employee, he is
entitled to receive any authorized expenses and subsistence in excess of
the amount advanced, and a sum equal to the advance must be paid into the
Revolving Account for Agriculture Working Capital.
(c) Making grants and loans for any purpose authorized by
subsection 2 of NRS 561.445 . Any loan
or grant made pursuant to this paragraph must be reimbursed promptly, as
other claims against the State are paid, from the money deposited in the
State Treasury pursuant to subsection 1 of NRS 561.445 .
4. The Revolving Account for Agriculture Working Capital must be
deposited in a bank or credit union qualified to receive deposits of
public money and the deposit must be secured by a depository bond
satisfactory to the State Board of Examiners.
(Added to NRS by 1961, 501; A 1967, 359; 1983, 400; 1989, 1095;
1993, 1729; 1995, 246; 1999, 1512 , 3664 ; 2003, 2148 )
1. The Livestock Inspection Account is hereby created in the State
General Fund for the use of the Department.
2. The following special taxes, fees and other money must be
deposited in the Livestock Inspection Account:
(a) All special taxes on livestock as provided by law.
(b) Fees and other money collected pursuant to the provisions of
chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays and feral livestock
by the Department pursuant to NRS 569.005 to 569.130 ,
inclusive, or proceeds required to be deposited in the Livestock
Inspection Account pursuant to a cooperative agreement established
pursuant to NRS 569.031 .
(e) Fees collected pursuant to the provisions of chapter 573 of NRS.
(f) Fees collected pursuant to the provisions of chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious,
contagious and parasitic diseases of animals, as authorized by NRS
561.305 , and as are necessary pursuant
to the provisions of chapter 571 of NRS.
3. Expenditures from the Livestock Inspection Account must be made
only for carrying out the provisions of this chapter and chapters 564
, 569 , 571 , 573 and 576 of NRS.
4. The interest and income earned on the money in the Livestock
Inspection Account, after deducting any applicable charges, must be
credited to the Account.
(Added to NRS by 1961, 502; A 1969, 770; 1983, 401; 1985, 157;
1987, 147; 1989, 272; 1991, 9, 1790; 1993, 294, 1729; 1995, 579; 1999,
3664 ; 2003, 2149 )
[Effective through June 30, 2007.]
1. The Plant Industry Program is hereby established.
2. The following fees and money must be used in the Plant Industry
Program:
(a) Fees and money collected pursuant to the provisions of chapters
552 , 555 , 581 , 582 and 587 of NRS.
(b) Laboratory fees collected for the diagnosis of infectious,
contagious and parasitic diseases of bees, as authorized by NRS 561.305
, and as are necessary pursuant to the
provisions of chapter 552 of NRS.
(c) Laboratory fees collected for the diagnosis of infectious,
contagious and destructive diseases of agricultural commodities, and
infestations thereof by pests, as authorized by NRS 561.305 , and as may be necessary pursuant to the
provisions of chapter 554 of NRS.
(d) Laboratory fees collected for the survey and identification of
insect pests, plant diseases and noxious weeds, as authorized by NRS
561.305 , and as may be necessary
pursuant to the provisions of NRS 555.005 to 555.249 , inclusive.
(e) Laboratory fees collected for the testing of the purity and
germinating power of agricultural seeds, as authorized by NRS 561.305
, and as may be necessary pursuant to
the provisions of NRS 587.015 to 587.123 , inclusive.
(f) Money received from a tax on the transfer of real property
imposed pursuant to NRS 375.026 .
3. Expenditures for the Plant Industry Program must be made only
for the purposes of carrying out the provisions of this chapter and
chapters 552 , 554 , 555 , 581 , 582 and 587 of NRS.
4. The money credited to the Program pursuant to NRS 375.026
must be allocated for disbursement to each county in
proportion to the amount of money collected in that county and must only
be used:
(a) By the Department for programs on the exclusion, detection and
control of:
(1) Invasive species; and
(2) Endemic pests and weeds designated by the Director; and
(b) For grants to local governments and nonprofit organizations for
the control or management of such species, pests and weeds.
5. Not later than 30 days after the beginning of each fiscal year,
the Department shall present to each board of county commissioners for
approval by each such board proposed programs for the exclusion,
detection and control of invasive species and endemic pests and weeds
designated by the Director that involve cooperative action between the
Department and the county.
6. As used in this section:
(a) “Invasive species” means any living organism not native to this
State that may present a threat to the economy, environment or public
health of this State.
(b) “Local government” has the meaning ascribed to it in NRS
237.050 .
(Added to NRS by 1961, 502; A 1967, 315; 1969, 364; 1977, 232;
2001, 2154 ; 2003, 3492 )
[Effective July 1, 2007.]
1. The Plant Industry Program is hereby established.
2. The following fees and money must be used in the Plant Industry
Program:
(a) Fees and money collected pursuant to the provisions of chapters
552 , 555 and 587 of NRS.
(b) Laboratory fees collected for the diagnosis of infectious,
contagious and parasitic diseases of bees, as authorized by NRS 561.305
, and as are necessary pursuant to the
provisions of chapter 552 of NRS.
(c) Laboratory fees collected for the diagnosis of infectious,
contagious and destructive diseases of agricultural commodities, and
infestations thereof by pests, as authorized by NRS 561.305 , and as may be necessary pursuant to the
provisions of chapter 554 of NRS.
(d) Laboratory fees collected for the survey and identification of
insect pests, plant diseases and noxious weeds, as authorized by NRS
561.305 , and as may be necessary
pursuant to the provisions of NRS 555.005 to 555.249 , inclusive.
(e) Laboratory fees collected for the testing of the purity and
germinating power of agricultural seeds, as authorized by NRS 561.305
, and as may be necessary pursuant to
the provisions of NRS 587.015 to 587.123 , inclusive.
(f) Money received from a tax on the transfer of real property
imposed pursuant to NRS 375.026 .
3. Expenditures for the Plant Industry Program must be made only
for the purposes of carrying out the provisions of this chapter and
chapters 552 , 554 , 555 and 587 of NRS.
4. The money credited to the Program pursuant to NRS 375.026
must be allocated for disbursement to each county in
proportion to the amount of money collected in that county and must only
be used:
(a) By the Department for programs on the exclusion, detection and
control of:
(1) Invasive species; and
(2) Endemic pests and weeds designated by the Director; and
(b) For grants to local governments and nonprofit organizations for
the control or management of such species, pests and weeds.
5. Not later than 30 days after the beginning of each fiscal year,
the Department shall present to each board of county commissioners for
approval by each such board proposed programs for the exclusion,
detection and control of invasive species and endemic pests and weeds
designated by the Director that involve cooperative action between the
Department and the county.
6. As used in this section:
(a) “Invasive species” means any living organism not native to this
State that may present a threat to the economy, environment or public
health of this State.
(b) “Local government” has the meaning ascribed to it in NRS
237.050 .
(Added to NRS by 1961, 502; A 1967, 315; 1969, 364; 1977, 232;
2001, 2154 ; 2003, 3492 ; 2005, 1525 , effective July 1, 2007)
1. The Program for the Control of Pests and Plant Diseases is
hereby established.
2. Money accepted by the Department under the provisions of NRS
555.010 to 555.460 , inclusive, from the Federal Government or any federal
department or agency, a county, a city, a public district or any
political subdivision of this State, a public or private corporation, or
a natural person, may be used in the Program for the Control of Pests and
plant Diseases.
3. Expenditures for the Program for the Control of Pests and Plant
Diseases may be made only to carry out the provisions of this chapter and
chapter 555 of NRS.
(Added to NRS by 1961, 503; A 1977, 232; 1993, 1730; 1999, 3665
; 2003, 541 )
1. The Agriculture Registration and Enforcement Account is hereby
created in the State General Fund for the use of the Department.
2. The following fees must be deposited in the Agriculture
Registration and Enforcement Account:
(a) Except as otherwise provided in NRS 586.270 , fees collected pursuant to the provisions of NRS 586.010
to 586.450 , inclusive.
(b) Fees collected pursuant to the provisions of chapter 588 of NRS.
(c) Fees collected pursuant to the provisions of NRS 590.340 to 590.450 , inclusive.
(d) Laboratory fees collected for the testing of pesticides as
authorized by NRS 561.305 , and as are
necessary pursuant to the provisions of NRS 555.2605 to 555.460 , inclusive, and 586.010 to 586.450 , inclusive.
(e) Laboratory fees collected for the analysis and testing of
commercial fertilizers and agricultural minerals, as authorized by NRS
561.305 , and as are necessary pursuant
to the provisions of chapter 588 of NRS.
(f) Laboratory fees collected for the analysis and testing of
petroleum products or motor vehicle fuel, as authorized by NRS 561.305
, and as are necessary pursuant to the
provisions of NRS 590.010 to 590.150 , inclusive.
(g) Laboratory fees collected for the analysis and testing of
antifreeze, as authorized by NRS 561.305 , and as are necessary pursuant to the
provisions of NRS 590.340 to 590.450 , inclusive.
3. Expenditures from the Agriculture Registration and Enforcement
Account may be made only to carry out the provisions of this chapter, NRS
555.2605 to 555.460 , inclusive, or chapters 586 , 588 and 590 of NRS.
(Added to NRS by 1961, 503; A 1971, 451, 1258; 1975, 597; 1983,
402; 1991, 1790; 1993, 1730; 1999, 3665 ; 2003, 414 , 617 ; 2005, 662 )
The Rural Rehabilitation
Fund is hereby created as a special revenue fund in the State Treasury
for the use of the Department in carrying out the provisions of NRS
561.425 to 561.465 , inclusive.
(Added to NRS by 1961, 504; A 1993, 1731; 1997, 126; 1999, 3666
)
1. The Account for the Promotion of Beef is hereby created in the
State General Fund.
2. The interest and income earned on the money in the Account for
the Promotion of Beef, after deducting any applicable charges, must be
credited to the Account.
(Added to NRS by 1969, 771; A 1979, 118; 1981, 1013; 1983, 402,
1903, 1904; 1985, 745; 1987, 148; 1989, 316; 1991, 1791)
1. The Alfalfa Seed Research and Promotion Account is hereby
created in the State General Fund. The proceeds of the special assessment
levied pursuant to NRS 587.155 must be credited to the Alfalfa Seed Research and Promotion
Account and all refunds made pursuant to NRS 587.155 must be paid from the Alfalfa Seed Research and Promotion
Account.
2. Expenditures from the Alfalfa Seed Research and Promotion
Account may be made only for:
(a) Alfalfa seed research and marketing promotion programs;
(b) Administrative, per diem and travel expenses of the Alfalfa
Seed Advisory Board; and
(c) Reimbursement to the Department for administrative expenses of
the Department, not to exceed 5 percent of the assessments collected.
(Added to NRS by 1975, 494; A 1977, 45; 1983, 402; 1991, 1791;
1993, 1731; 1999, 3666 )
1. The Account for License Plates for the Promotion of Agriculture
within this state is hereby created in the State General Fund. The
Director shall administer the Account.
2. The money in the Account does not lapse to the State General
Fund at the end of a fiscal year. The interest and income earned on the
money in the Account, after deducting any applicable charges, must be
credited to the Account.
3. The money in the Account must be used only for the promotion of
agriculture within this state and must not be used to replace or supplant
money available from other sources. The Administrator may provide grants
from the Account to other public agencies to carry out the provisions of
this section.
(Added to NRS by 1999, 1168 )
[Effective July 1,
2007.]
1. In addition to the inspection fees and other money transferred
pursuant to NRS 590.120 , all fees and other money collected pursuant to the provisions
of NRS 581.001 to 581.395 , inclusive, and 582.001 to 582.210 , inclusive, must be deposited in the State Treasury and
credited to a separate account in the State General Fund for the use of
the Department.
2. Expenditures from the account must be made only for carrying
out the provisions of this chapter and chapters 581 and 582 of NRS and NRS 590.010 to 590.330 , inclusive.
3. Money in the account does not lapse to the State General Fund
at the end of a fiscal year. The interest and income earned on the money
in the account, after deducting any applicable charges, must be credited
to the account.
(Added to NRS by 2005, 1525 , effective July 1, 2007)
1. Money to carry out the provisions of this chapter and to
support the Department and the programs administered by it, may be
provided by direct legislative appropriation from the General Fund.
2. All money in any fund in the State Treasury available to the
Department must be paid out on claims approved by the Director as other
claims against the State are paid.
3. All money in the Revolving Account for Agriculture Working
Capital must be paid out by checks signed by the Director and by a
deputy, or by two deputies designated by him for that purpose.
(Added to NRS by 1961, 504; A 1983, 403; 1993, 1731; 1999, 3666
)
Any field agent, inspector, or other officer
or employee of the Department, who collects currency in payment of any
taxes, assessments, proceeds of sale, fees or other charges imposed
pursuant to the provisions of this Title in an area of the State so
remote that the currency can only be transmitted to the Department by
mail, may mail a check in lieu of the amount collected in currency.
(Added to NRS by 1989, 955; A 1993, 1731; 1999, 3666 )
1. The Garlic and Onion Research and Promotion Account is hereby
created in the State General Fund. The proceeds of the special assessment
levied pursuant to NRS 556.070 must be
credited to the Account.
2. Expenditures from the Account may be made only for:
(a) Garlic and onion research programs and marketing-promotion
programs;
(b) Administrative, per diem and travel expenses of the Garlic and
Onion Growers’ Advisory Board; and
(c) Reimbursement to the Department for administrative expenses of
the Department, not to exceed 5 percent of the assessments collected.
(Added to NRS by 1995, 1599; A 1999, 3667 ; 2003, 582 )
LIQUIDATION OF RURAL REHABILITATION TRUST
The Department may act as the agency of and on behalf of and
for the State of Nevada to make application to and to receive from the
Secretary of Agriculture of the United States, or any other federal
officer properly authorized by the Federal Government and pursuant and
subject to the provisions of that certain Act of Congress, approved May
3, 1950, entitled “An Act to provide for the liquidation of the trust
under the transfer agreements with the state rural rehabilitation
corporations, and for other purposes,” being c. 152, 64 Stat. 98, 40
U.S.C. §§ 440 to 444, inclusive, the trust assets, either money or
property, held by the United States as trustee for and in behalf of the
defunct Nevada rural rehabilitation corporation.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667 )
The Department may:
1. Enter into agreements with the Secretary of Agriculture of the
United States pursuant to section 2(f) of c. 152, 64 Stat. 98, 40 U.S.C.
§ 440(f), upon such terms and conditions and for such periods as may be
mutually agreeable, authorizing the Secretary of Agriculture of the
United States to accept, administer, expend and use in the State of
Nevada all or any part of those trust assets or any other money of the
State of Nevada which may be appropriated for such uses for carrying out
the purposes of the applicable provisions of the Bankhead-Jones Farm
Tenant Act, being 7 U.S.C. §§ 1000 to 1031, inclusive, as it is now or
hereafter may be amended.
2. Do anything necessary to carry out the purposes of those
agreements.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667 )
1. Notwithstanding any other provisions of law, the money and
proceeds of the trust assets which are not authorized to be administered
by the Secretary of Agriculture of the United States under the provisions
of NRS 561.435 must be received by the
Department and by it forthwith deposited with the State Treasurer.
2. Such money is hereby appropriated and may be expended or
obligated by the Department for the purposes of NRS 561.435 or for use by the Department for such of the
rural rehabilitation purposes permissible under the charter of the now
defunct Nevada Rural Rehabilitation Corporation as may from time to time
be agreed upon by the Department and the Secretary of Agriculture of the
United States, subject to the applicable provisions of c. 152, 64 Stat.
98, 40 U.S.C. §§ 440 to 444, inclusive, and the applicable provisions of
the Bankhead-Jones Farm Tenant Act.
(Added to NRS by 1961, 505; A 1993, 1732; 1999, 3667 )
1. The Department may:
(a) Collect, compromise, adjust or cancel claims and obligations
arising out of or administered under the provisions of NRS 561.425 to 561.465 ,
inclusive, or under any mortgage, lease, contract or agreement entered
into or administered pursuant to NRS 561.425 to 561.465 ,
inclusive, and, if in its judgment necessary and advisable, pursue the
claims and obligations to final collection in any court having
jurisdiction.
(b) Bid for and purchase at any execution, foreclosure or other
sale, or otherwise acquire property upon which the Department has a lien
because of a judgment or execution, or which is pledged, mortgaged,
conveyed or which otherwise secures any loan or other indebtedness owing
to or acquired by the Department pursuant to NRS 561.425 to 561.465 ,
inclusive.
(c) Accept title to any property so purchased or acquired for and
on behalf of the State and may operate or lease the property for such
period as may be deemed necessary to protect the investment therein, and
may sell or otherwise dispose of the property in a manner consistent with
the provisions of NRS 561.425 to
561.465 , inclusive.
2. The authority contained in this section may be delegated to the
Secretary of Agriculture of the United States with respect to money or
assets authorized to be administered and used by him under agreements
entered into pursuant to NRS 561.435 .
(Added to NRS by 1961, 506; A 1993, 1732; 1999, 3668 )
The United States, and the Secretary of
Agriculture thereof, must be held free from liability as a result of the
transfer of the assets to the Department pursuant to NRS 561.425 to 561.465 ,
inclusive.
(Added to NRS by 1961, 506; A 1993, 1733; 1999, 3668 )
|
