As used in this chapter, “Board”
means the State Board of Agriculture.
[Part 2:82:1919; A 1945, 81; 1953, 173]—(NRS A 2003, 2149 )
As used in this chapter, “sheep”
shall mean animals of the ovine species.
[Part 8:82:1919; 1919 RL p. 3181; NCL § 3878]—(NRS A 1961, 545)
In any action or proceeding, civil or criminal, arising under this
chapter, all persons having an interest in sheep and controlling the
same, concerning which such action or proceeding is had, shall be deemed
the owners of such sheep, and shall be liable severally and jointly for a
violation of this chapter.
[Part 20:82:1919; 1919 RL p. 3186; NCL § 3891]
All liens provided for in this chapter
must be foreclosed in the manner provided by chapter 104 of NRS, but the judgment therein must also allow
reasonable attorney’s fees, court costs, penalties and interest, to be
fixed by the court. The remedies provided in this chapter are cumulative
and not exclusive of any other remedy, form or right of action or
proceeding allowed by law.
[27:82:1919; 1919 RL p. 3187; NCL § 3898]—(NRS A 1965, 943; 1995,
213)
1. Any costs incurred by the Board that are necessary for the
enforcement of the provisions of this chapter, including, but not limited
to:
(a) The wages, salaries and benefits paid to the employees of the
Board that are associated with the enforcement of those provisions;
(b) All costs associated with transporting, housing, feeding and
caring for sheep that have been seized pursuant to the provisions of this
chapter; and
(c) Any damages to property resulting from the seizure of such
sheep,
Ê must be paid by the person against whom the provisions are enforced or
the owner or person in charge of the sheep that are seized.
2. The cost of any sheep lost as a result of their seizure
pursuant to the provisions of this chapter must be borne by the owner of
the sheep.
(Added to NRS by 1995, 213)
STATE BOARD OF AGRICULTURE
Enforcement of Provisions of Chapter
The Board may:
1. Employ a secretary and such inspectors and other employees as
it may find necessary to carry out the provisions of this chapter.
2. Prescribe the duties and fix the compensation and travel and
subsistence expenses of its employees and volunteers.
3. Require such bonds from its inspectors as it determines
necessary.
4. Request the Director of the State Department of Agriculture to
designate, pursuant to NRS 561.225 , one
or more employees of the Department to issue sheep permits.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1995, 85;
1997, 843; 1999, 3668 ; 2003, 2149 )
1. Whenever the Board deems it necessary, it may employ special
attorneys to assist in the prosecution of violations or violators of any
of the provisions of this chapter, and also may employ attorneys for such
other purposes as the Board deems necessary.
2. Such services must be paid for out of any money in the State
Sheep Inspection Account.
[21:82:1919; 1919 RL p. 3186; NCL § 3892]—(NRS A 1991, 1792; 1997,
844)
The Board shall render a written
report of its activities relating to the implementation of this chapter
to the Governor on or before October 31, 2003, and each 2 years
thereafter.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1967, 157;
2003, 2149 )
Finances
Upon receipt of the reports from the State
Department of Agriculture pursuant to NRS 575.180 , the Board shall fix the rate to be levied
each year as provided for in NRS 562.170 and shall send notice of it to the State
Department of Agriculture on or before the first Monday in May of each
year.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1985, 745;
1999, 2779 ; 2001, 1566 )
1. Except as otherwise provided in this section, the rate of tax
fixed by the Board, as provided for in NRS 562.160 , must not exceed the equivalent of 18 cents
per head on all sheep. The minimum tax that must be paid annually by an
owner of sheep is $5.
2. The tax paid by an owner of sheep must be deposited in the
state or county treasury in which the State Sheep Inspection Account is
located for credit to that Account. The money in the State Sheep
Inspection Account must be made available and disbursed by the proper
state or county officials upon request of the Board for the purposes
provided for in this chapter.
[Part 4:82:1919; A 1945, 81; 1955, 183]—(NRS A 1959, 180; 1961,
545; 1963, 21; 1979, 961; 1983, 403; 1985, 745; 1991, 1792; 1997, 844;
2003, 2149 )
1. Except as otherwise provided in subsection 2, any person who
fails to pay any tax levied by the Board pursuant to NRS 562.160 or 567.110 ,
within the time required, shall pay a penalty of not more than 10 percent
of the amount of the tax which is owed, in addition to the tax, plus
interest at the rate of 1.5 percent per month, or fraction of a month,
from the date the tax was due until the date of payment.
2. The Board may, for good cause shown, waive or reduce the
payment of the interest or penalty, or both, which is required to be paid
pursuant to subsection 1. The Board shall, upon the request of any
person, disclose:
(a) The name of the person whose interest or penalty was waived or
reduced; and
(b) The amount so waived or the amount of the reduction.
3. All taxes levied by the Board on sheep pursuant to NRS 562.160
, or on sheep and goats pursuant to NRS
567.110 , and all penalties and interest
accrued thereon, constitute a lien upon the sheep, or sheep and goats,
respectively, until paid.
(Added to NRS by 1995, 212)
Any funds appropriated to the Board by the
Legislature of the State of Nevada may, unless otherwise specifically
provided by the Legislature, be used by the Board to aid the sheep
industry of Nevada in controlling losses of sheep from predatory animals.
[32:82:1919; added 1951, 210]
1. The Board may enter into a cooperative agreement with a board
of county commissioners for the administration of the State Sheep
Inspection Account. Upon execution of such an agreement the State
Controller shall transfer all money in the State Sheep Inspection Account
in the State General Fund to the appropriate county treasurer for credit
to the State Sheep Inspection Account in the county treasury of the
county that executed the agreement. The agreement must require the county
treasurer to prepare an annual statement that includes an accounting of
revenues and expenditures and the balance in the State Sheep Inspection
Account. The statement must cover the most recent fiscal year and must be
submitted, within 90 days after the end of that fiscal year, to the
county treasurer, the President of the Board, the Director of the
Department of Administration, the State Controller and the Legislative
Auditor.
2. The agreement may include a provision for reimbursement of the
county by the Board of any reasonable costs of administering the Account.
3. Upon termination of an agreement executed pursuant to
subsection 1, the county treasurer shall transfer all money in the State
Sheep Inspection Account in the county treasury to the State Sheep
Inspection Account in the county treasury of another county that executed
an agreement pursuant to subsection 1 or, if no such agreement has been
executed, to the State Controller for deposit in the State Sheep
Inspection Account in the State General Fund.
(Added to NRS by 1997, 843)
All contributions of money which the
Board is authorized to accept and which are made by any organization
interested in the welfare of the sheep industry must be deposited by the
Board with the state or county treasurer who has custody of the State
Sheep Inspection Account for credit to that Account. The money in the
Account must be disbursed by the proper state or county officials when
ordered by the Board in accordance with the purposes for which each
contribution was made.
[Part 4:82:1919; A 1945, 81; 1955, 183]—(NRS A 1979, 624; 1991,
1792; 1997, 844)
1. The Board may encourage, promote, advance and protect the sheep
interests of the State and may, directly or indirectly, by expenditure or
by payment or otherwise to any association formed for any such purposes
or objects, pay annually, out of the State Sheep Inspection Account, for
any enumerated purposes, not to exceed the equivalent of 10 cents of the
levy assessed pursuant to NRS 562.170 .
2. The Board is the sole and exclusive judge of the expenditures
of all sums directly or by the payment to any association, club or other
organization pursuant to this section.
[10a:82:1919; added 1923, 68; A 1949, 458; 1955, 183]—(NRS A 1959,
180; 1963, 21; 1967, 157; 1979, 961; 1991, 1792; 1997, 844)
1. The salaries, compensation and expenses provided for in this
chapter must be paid out of the State Sheep Inspection Account.
2. Necessary administrative expenses incurred by the Board in
carrying out the provisions of this chapter may be paid from the State
Sheep Inspection Account, except that such administrative expenses must
not exceed 5 percent of the annual collected tax receipts.
[25:82:1919; A 1945, 81; 1943 NCL § 3896]—(NRS A 1991, 1792; 1997,
844; 2003, 2150 )
Whenever any
inspector files in the office of the State Controller or county treasurer
who has custody of the State Sheep Inspection Account proper vouchers or
claims, duly approved by the Board, setting forth:
1. The name of the inspector;
2. The kind and nature of service rendered;
3. The particular locality where the work was done;
4. The length of time employed;
5. The number of sheep inspected and the name of the owner or
person in charge of the sheep;
6. The disease or diseases treated, and the length of time of the
treatment; and
7. The amount claimed for the services,
Ê the State Controller or county treasurer shall draw a warrant or check
in favor of the inspector, payable out of the money in the State Sheep
Inspection Account.
[16:82:1919; 1919 RL p. 3185; NCL § 3887]—(NRS A 1991, 1792; 1997,
844)
All accounts for salaries
and expenses provided for in this chapter shall be periodically audited
by the Board.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]
Powers and Duties
1. Except as otherwise provided in subsection 2, the Board has
exclusive control of all matters pertaining to the sheep industry.
2. The State Quarantine Officer has exclusive authority over
matters concerning diseases of sheep and may adopt such regulations as
are necessary to carry out his duties pursuant to this subsection.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 2003, 2150
)
The Board shall
have the power to divide the State into such districts as may be
necessary for the enforcement of this chapter, which districts shall be
under the supervision of one of the members of the Board.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]
The Board may make and enforce
rules and regulations deemed necessary by it for the enforcement of the
provisions of this chapter.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 2003, 2150
)
All
orders, rules or regulations made by the Board must be published at least
twice in some newspaper having a general circulation in the State, which
publication shall constitute legal notice of the order, rule or
regulation made to all owners of sheep and other persons.
[Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]
For the purpose of carrying out the provisions of this chapter
each member of the Board, and the Secretary of the Board, is authorized
to subpoena and examine witnesses and to administer oaths for the purpose
of soliciting information to be used in enforcing the provisions of this
chapter, and in the furtherance of the quarantine, sanitary and other
regulations.
[Part 26:82:1919; 1919 RL p. 3187; NCL § 3897]
INSPECTION
1. Each inspector shall:
(a) At the request of the owner of sheep, perform a brand
inspection of the sheep for brands or marks; and
(b) Upon the completion of such an inspection, issue a brand
inspection clearance certificate in accordance with NRS 565.120 .
2. The State Department of Agriculture may levy and collect a
reasonable fee for brand inspections as authorized under the provisions
of this chapter. Any fee so levied must be collected in the manner
prescribed by the Director of the Department and deposited into the
Livestock Inspection Account.
[Part 8:82:1919; 1919 RL p. 3181; NCL § 3878]—(NRS A 2003, 2150
)
1. The Board and each inspector must keep a record to be known as
the inspection record, in which they must enter their official acts.
2. Such records shall show:
(a) The name of the owner of every flock of sheep inspected.
(b) The time when and the place where the same was inspected.
[Part 6:82:1919; A 1945, 81; 1943 NCL § 3876]
Inspectors shall report
to the Board in writing as often and at such times as may be requested by
the Board.
[7:82:1919; 1919 RL p. 3181; NCL § 3877]
Inspectors shall have the right at all times to enter any
premises, farms, fields, pens, slaughterhouses, buildings, cars, trucks
or railroad cars where any sheep are quartered, for the purpose of
examining them to determine whether they are infected with any infectious
or contagious disease.
[Part 6:82:1919; A 1945, 81; 1943 NCL § 3876]
MISCELLANEOUS PROVISIONS
The Board is
authorized to give its consent that the Secretary of Agriculture and his
employees shall come within the State of Nevada for the purposes
connected with the exportation of diseased sheep, and for the suppression
and extirpation of pleuropneumonia and other contagious and infectious
diseases among sheep.
[23:82:1919; 1919 RL p. 3187; NCL § 3894]
1. All federal authorities authorized as provided in NRS 562.520
, and the various inspectors of this
State, shall, subject to the approval of the Board, have the power to
call upon any constable, sheriff or other peace officer in any county in
this State to assist them in the discharge of their duties in carrying
out the provisions of this chapter and c. 60, 23 Stat. 32, approved May
29, 1884 (21 U.S.C. § 114), and such officers shall assist them when so
requested.
2. The federal inspectors shall have the same power to enforce the
laws of this State as the various inspectors of the State when authorized
as provided in NRS 562.520 and when
engaged in the discharge of their official duties.
3. Any person, company or corporation refusing to comply with the
orders of such officer or federal inspector shall be guilty of a gross
misdemeanor.
[24:82:1919; 1919 RL p. 3187; NCL § 3895]—(NRS A 1967, 614)
UNLAWFUL ACTS AND PENALTIES
1. It shall be unlawful for any person, company or corporation, or
any agent, servant or employee thereof, to bring into this state any
sheep infected with scabies or any infectious or contagious disease, or
that have in any manner been exposed to such disease.
2. Any person, company or corporation, or any agent, servant or
employee thereof, violating the provisions of this section, shall, upon
conviction thereof, be punished as provided in NRS 562.560 .
[13:82:1919; 1919 RL p. 3184; NCL § 3884]
Any herder or other person in charge of
sheep who shall willfully refuse to give an inspector information as to
the condition of sheep in his charge, or shall willfully give false
information as to the condition of such sheep, shall be guilty of a gross
misdemeanor.
[Part 20:82:1919; 1919 RL p. 3186; NCL § 3891]—(NRS A 1967, 615)
1. Any sheep in transit through this state upon any railroad train
shall not be unloaded from such train for any purpose except for feeding
or water, and shall be held in the feed yards or in grazing grounds that
may be provided by the railroad company carrying the sheep, and shall not
be allowed to leave the same.
2. All expenses of enforcing the provisions of this section shall
be paid by the owner or owners of such sheep, and the same shall become a
lien upon such sheep until paid.
3. Any person, company or corporation, or any agent, servant or
employee of such, who is guilty of a violation of the provisions of this
section shall, upon conviction thereof, be punished as provided in NRS
562.560 .
[17:82:1919; 1919 RL p. 3185; NCL § 3888]—(Substituted in revision
for NRS 562.440)
Any person, company,
corporation or association, or any agent, servant or employee of such,
who shall violate or disregard any quarantine provision of this chapter,
or any sanitary or quarantine rule, regulation or order of the Board or
inspector thereof, or any of the provisions of this chapter, shall be
guilty of a gross misdemeanor.
[Part 26:82:1919; 1919 RL p. 3187; NCL § 3897]—(NRS A 1967, 615)
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