USA Statutes : nevada
Title : Title 49 - AGRICULTURE
Chapter : CHAPTER 556 - GARLIC AND ONIONS
As used in this chapter, unless the
context otherwise requires:
1. “Advisory Board” means the Garlic and Onion Growers’ Advisory
Board.
2. “Department” means the State Department of Agriculture.
3. “Grower” means any landowner personally engaged in growing
garlic or onions, or a landowner and his tenant jointly, and includes a
natural person, partnership, association, corporation, cooperative
organization, trust, sharecropper and all other business units, devises
or arrangements that grow garlic or onions.
(Added to NRS by 1995, 1597; A 1999, 3654 )
1. The Garlic and Onion Growers’ Advisory Board, consisting of
five members, is hereby created.
2. Two members of the Advisory Board must be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Garlic growers actively engaged in the growing and producing of
garlic in the State of Nevada who derive a substantial portion of their
annual income from growing garlic.
3. Two members of the Advisory Board must be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Onion growers actively engaged in the growing and producing of
onions in the State of Nevada who derive a substantial portion of their
annual income from growing onions.
4. One member of the Advisory Board must be a citizen of the
United States and be:
(a) Actively engaged in the industry of processing garlic or onions;
(b) A member of an association which represents the interests of
persons actively engaged in the industry of processing garlic or onions;
or
(c) Actively engaged in the research of garlic or onions.
(Added to NRS by 1995, 1598; A 2003, 581 )
The members of the Advisory Board serve without pay.
(Added to NRS by 1995, 1598)
The
Advisory Board may:
1. Elect a Chairman and such other officers from its members as it
deems advisable.
2. Prepare a budget covering anticipated income and expenses for
utilization of the money deposited to the Garlic and Onion Research and
Promotion Account.
3. Adopt procedures for filing with the Advisory Board any
proposed garlic or onion research project or market-promotion project.
4. Prepare and present to the State Board of Agriculture a program
for research in the production, harvesting, processing, distribution and
market promotion of garlic and onions. The program must contain a
recommendation of a natural person or agency to conduct or manage each
project, the time period for each project and the budget allocation for
the project.
5. Adopt regulations establishing the conditions, if any, under
which a member of the Advisory Board is entitled to claim a per diem
allowance.
(Added to NRS by 1995, 1598)
All gifts or grants of money which the
Advisory Board is authorized to accept must be deposited with the State
Treasurer for credit to the Garlic and Onion Research and Promotion
Account.
(Added to NRS by 1995, 1599)
1. The State Board of Agriculture may:
(a) Appoint the members of the Advisory Board, fix their terms of
office and fill all vacancies.
(b) Establish procedures for the Nevada garlic and onion industry
to recommend persons for appointment to the Advisory Board.
(c) Administer, enforce and control the collection of assessments
levied for the Garlic and Onion Research and Promotion Account.
(d) Authorize payments from the Garlic and Onion Research and
Promotion Account upon the recommendation of the Advisory Board.
(e) Contract with natural persons or agencies for the conduct or
management of research projects and market-promotion projects.
(f) Adopt regulations to carry out the provisions of this chapter.
2. Money from the State General Fund may not be utilized by the
State Board of Agriculture in carrying out the provisions of this
chapter. Expenditures for those purposes may be made only from the Garlic
and Onion Research and Promotion Account created by NRS 561.423 , and are subject to the limitations stated in
that section.
(Added to NRS by 1995, 1598)
The Department shall, on or before August 1 of each year, fix
an annual special assessment not to exceed $10 per acre to be levied upon
all garlic and onions grown and harvested in this State for commercial
use. The Department shall collect the assessment and transmit the
proceeds to the State Treasurer for credit to the Garlic and Onion
Research and Promotion Account.
(Added to NRS by 1995, 1599; A 1999, 3654 ; 2003, 581 )
All assessments levied pursuant
to the provisions of NRS 556.070 must
be:
1. Paid to the Department by the grower of garlic or onions; and
2. Paid by December 1 of each year for the garlic or onions
harvested within the 12 months immediately preceding that date.
(Added to NRS by 1995, 1599; A 1999, 3654 ; 2003, 582 )
Any grower who fails to
pay any assessment pursuant to NRS 556.070 by December 1 of each year as required by NRS
556.080 forfeits to the Department a
penalty of 5 percent of the amount of the assessment due and 1 percent of
the assessment due for each month of delay or fraction thereof after
December 31 of the year that the assessment became due. The Department,
if satisfied the delay was excusable, may remit any part of the penalty.
The penalty must be paid to the Department and deposited for credit to
the Garlic and Onion Research and Promotion Account.
(Added to NRS by 1995, 1599; A 1999, 3655 ; 2003, 582 )
Any assessment levied constitutes a personal debt of the
person so assessed. If a person fails to pay an assessment, including all
penalties, the Department may, at any time within 3 years after the date
of delinquency, maintain a civil action against the person to recover the
amount of the delinquent assessment and penalties.
(Added to NRS by 1995, 1599; A 1999, 3655 )
A person who violates any of the
provisions of this chapter is guilty of a misdemeanor.
(Added to NRS by 1995, 1599)
