As used in this chapter, unless the
context otherwise requires:
1. “Animals” means:
(a) All cattle or animals of the bovine species except dairy breed
calves under the age of 1 month.
(b) All horses, mules, burros and asses or animals of the equine
species.
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in NRS 501.003 .
2. “Brand inspection” means a careful examination of each animal
offered for such inspection and an examination of any brands, marks or
other characteristics thereon.
3. “Department” means the State Department of Agriculture.
4. “Director” means the Director of the Department.
[Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1989, 748; 1993,
433, 1739; 1995, 514; 1999, 3677 )
The
Department is designated as the authority to administer, and carry out
and enforce the provisions of, this chapter and any regulations adopted
pursuant thereto.
[Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1993, 1739; 1999,
3677 )
1. The Director may declare any part of this State a brand
inspection district.
2. After the creation of any brand inspection district as
authorized by this chapter, all animals within any such district are
subject to brand inspection in accordance with the provisions of this
chapter before:
(a) Consignment for slaughter within any district;
(b) Any transfer of ownership by sale or otherwise; or
(c) Removal from the district if the removal is not authorized
pursuant to a livestock movement permit issued by the Department.
3. If a brand inspection district is created by the Department
pursuant to the provisions of this chapter, the Director shall adopt
regulations defining the boundaries of the district and the fees to be
collected for brand inspection and prescribing such other methods of
procedure not inconsistent with the provisions of this chapter as he
considers necessary.
4. Any regulations adopted pursuant to the provisions of this
section must be published at least twice in a newspaper having a general
circulation in the brand inspection district created by the regulations,
and copies of the regulations must be mailed to all common carriers of
record with the Transportation Services Authority operating in the brand
inspection district. Such publication and notification constitutes legal
notice of the creation of the brand inspection district. The expense of
advertising and notification must be paid from the Livestock Inspection
Account.
[2:145:1929; A 1956, 55]—(NRS A 1961, 540; 1991, 1793; 1993, 1740;
1997, 2013; 1999, 3677 )
The Department may levy
and collect a reasonable fee for brand inspection as required under the
provisions of this chapter. Any fee so levied must be collected in the
manner prescribed by the Director.
[8:145:1929; NCL § 3856]—(NRS A 1959, 417; 1961, 541; 1969, 138;
1993, 1740; 1999, 3678 )
1. Except as otherwise provided in subsections 3 and 6, it is
unlawful for any person to drive or otherwise remove any animals out of a
brand inspection district created under the provisions of this chapter
until the animals have been inspected and a brand inspection clearance
certificate is issued by the Department or a written permit from the
Department has been issued authorizing the movement without brand
inspection.
2. Any person contemplating the driving or movement of any animals
out of a brand inspection district shall notify the Department or an
inspector thereof of his intention, stating:
(a) The place at which it is proposed to cross the border of the
brand inspection district with the animals.
(b) The number and kind of animals.
(c) The owner of the animals.
(d) The brands and marks of the animals claimed by each owner and,
if they are other than the brands and marks legally recorded in the name
of the owner, information concerning the basis for the claim of ownership
or legal possession.
(e) The date of the proposed movement across the border of the
brand inspection district and the destination of the movement.
(f) If a brand inspection is required, a statement setting forth
the place where the animals will be held for brand inspection.
3. The provisions of this section do not apply to animals whose
accustomed range is on both sides of the boundary of any brand inspection
district but contiguous to that district and which are being moved from
one portion of the accustomed range to another merely for pasturing and
grazing thereon.
4. The provisions of this section apply at all times to the
movement of any animals across the Nevada state line to any point outside
of the State of Nevada, except animals whose accustomed range is on both
sides of the Nevada state line but contiguous thereto and which are being
moved from one portion to another of the accustomed range merely for
pasturing and grazing thereon.
5. In addition to the penalty imposed in NRS 565.170 , a person who violates the provisions of
subsection 1 is:
(a) For the first violation, subject to an immediate brand
inspection of the animals by the Department and shall reimburse the
Department for its time and mileage and pay the usual fees for the brand
inspection.
(b) For the second and any subsequent violation, ineligible for a
permit to move any livestock without a brand inspection until the State
Board of Agriculture is satisfied that any future movement will comply
with all applicable statutes and regulations.
6. The Department may establish regulations specifying the
circumstances under which a permit may be issued authorizing the movement
of livestock without a brand inspection pursuant to this section. The
circumstances may include, without limitation, the routine movement of
horses and bulls within and from this State for the purpose of
participating in a rodeo.
[5:145:1929; NCL § 3853]—(NRS A 1961, 542; 1983, 1008; 1993, 1740;
1995, 876; 1999, 3678 )
It is unlawful for any person to
consign for slaughter, or slaughter at an approved plant, or transfer
ownership of any animals by sale or otherwise within any brand inspection
district created under the provisions of this chapter, until the animals
have been inspected by an inspector of the Department and a brand
inspection clearance certificate issued covering the animals.
[5.1:145:1929; added 1956, 55]—(NRS A 1961, 543; 1971, 120; 1993,
1741; 1999, 3679 )
Except as
otherwise provided in NRS 565.090 , a
person intending to move, drive, ship or transport by common carrier, or
otherwise, any animals out of any brand inspection district created under
the provisions of this chapter shall assemble and hold them at some
convenient and adequate place for such brand inspection as may be
required until the animals have been inspected and released as provided
for in this chapter.
[6:145:1929; NCL § 3854]—(NRS A 1961, 543; 1993, 1741; 1995, 877)
1. Upon the completion of brand inspection, the inspector of the
Department shall, except as otherwise provided in this chapter, issue a
brand inspection clearance certificate on which must be entered:
(a) The name and address of the person claiming to own the animals.
(b) The proposed destination of the animals.
(c) The name and address of the consignee.
(d) A full description of all the animals inspected, including the
number, kind, sex, age, color and the brands or brands and marks thereon.
(e) The amount of the inspection fee or fees collected.
(f) The signature of the owner or his authorized agent.
2. One copy of the brand inspection certificate must be delivered
to the common carrier undertaking to transport the animals out of the
brand inspection district for attachment to its waybill, or to the person
intending to drive, move or otherwise transport the animals out of the
brand inspection district other than by common carrier to accompany the
animals to destination, and one copy must be immediately forwarded to the
office of the Department.
[Part 7:145:1929; NCL § 3855]—(NRS A 1961, 543; 1993, 1741; 1999,
3679 )
1. Notwithstanding any provision of this chapter to the contrary,
if a governmental entity seizes any privately owned animals subject to
brand inspection pursuant to this chapter, the Department or its
authorized inspector shall not issue brand inspection clearance
certificates or permits to remove the animals from a brand inspection
district or for the transfer of ownership of the animals by sale or
otherwise unless:
(a) Before the seizure, the governmental entity obtains approval
for the seizure from a court of competent jurisdiction; and
(b) The governmental entity submits a copy of the order approving
the seizure to the Department or its authorized inspector.
2. The provisions of this section do not apply to:
(a) An estray, as defined in NRS 569.0075 ;
(b) Feral livestock, as defined in NRS 569.008 ;
(c) A wild horse or burro, as defined in 16 U.S.C. § 1332;
(d) An animal that is impounded or sold by the Department pursuant
to NRS 575.060 ; or
(e) An animal that is seized by a governmental entity to protect
the health and safety of the public or to prevent cruelty to animals.
(Added to NRS by 2005, 1238 )
1. The Department or its authorized inspector shall refuse to
issue brand inspection clearance certificates or permits to remove
animals from a brand inspection district without brand inspection as
provided in this chapter, subject to brand inspection under the
provisions of this chapter, not bearing brands or brands and marks of
legal record in the name of the person claiming lawful possession of and
applying for inspection of the animals, until satisfactory evidence of
the right to legal possession of the animals and shipment or removal from
the brand inspection district has been supplied to the Department or its
authorized inspector.
2. The Department and its authorized inspector shall use all due
vigilance to prevent the unlawful removal by any person of any animals
from any brand inspection district created under the provisions of this
chapter.
[9:145:1929; NCL § 3857]—(NRS A 1961, 544; 1993, 1742; 1999, 3680
)
1. Whenever, incident to any brand inspection under the provisions
of this chapter, any inspector shall find in the possession of any person
or persons offering animals for inspection any animals to which such
person or persons cannot establish their legal ownership or right of
possession and the inspector shall be able to determine by means of the
brands or brands and marks on such animal or animals, or upon other
reliable evidence, the actual legal owner or owners of such animal or
animals, the inspector shall immediately notify such legal owner or
owners in writing of his findings.
2. The inspector shall include in such notice:
(a) The date and place where such animal or animals were found.
(b) A full description of the same.
(c) The name and address of any person or persons in whose
possession they were found.
(d) All other information which may aid the legal owner or owners
of such animal or animals in securing the return thereof or compensation
therefor, or in any civil suit or criminal prosecution relating thereto.
[10:145:1929; NCL § 3858]—(NRS A 1961, 544)
1. Whenever, incident to any brand inspection under the provisions
of this chapter, any inspector shall find in the possession of any
persons offering animals for inspection any animals to which such person
or persons cannot establish their legal ownership or right to possession,
and the inspector shall be unable to determine by means of the brands or
brands and marks on such animals, or otherwise, the actual legal owners
of the animals, or, if in the judgment of the inspector such action is
necessary to safeguard the legal owners of the animals, if known to the
inspector, against their loss, the inspector shall immediately seize and
take possession of such animals and proceed to dispose of the same, under
the provisions of NRS 569.010 or
569.040 to 569.130 , inclusive.
2. Such seizure and disposal by an inspector shall in no way
relieve the persons in whose possession the animals were found of any
civil or criminal liability arising out of the unlawful removal of such
animals from the grazing commons or the unlawful possession of the same.
[11:145:1929; NCL § 3859]—(NRS A 1961, 545)
In addition to enforcing the
provisions of this chapter through its inspectors, the Department may:
1. Authorize other peace officers to enforce the provisions of
this chapter; and
2. Adopt regulations specifying the procedures for the enforcement
of the provisions of this chapter by the inspectors of the Department and
other peace officers.
(Added to NRS by 1971, 255; A 1989, 339; 1993, 1742, 2541; 1995,
703; 1999, 3680 )
The provisions of this chapter do not affect the right
of the Department conferred by any other law to inspect any animals for
the determination of the ownership thereof, or for any other purpose
under the provisions of any such other law.
[12:145:1929; NCL § 3860]—(NRS A 1961, 545; 1993, 1742; 1999, 3680
)
Any person violating any of the provisions
of this chapter:
1. Is guilty of a misdemeanor, and upon conviction thereof shall
be punished as provided by law.
2. In addition to any criminal penalty, shall pay to the
Department an administrative fine of not more than $1,000 per violation.
Ę If an administrative fine is imposed pursuant to this section, the
costs of the proceeding, including investigative costs and attorney’s
fees, may be recovered by the Department.
[14:145:1929; A 1956, 55]—(NRS A 1993, 899; 1995, 548; 1999, 3680
)
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