USA Statutes : nevada
Title : Title 50 - ANIMALS
Chapter : CHAPTER 571 - DISEASED ANIMALS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 571.016
to 571.023 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1961, 506; A 1993, 433, 1746; 1995, 514; 1999,
3685 ; 2003, 2157 )
“Alternative
livestock” has the meaning ascribed to it in NRS 501.003 .
(Added to NRS by 2003, 2156 )
“Animal” means any living creature
other than a member of the human race.
(Added to NRS by 2003, 2156 )
“Department” means the State
Department of Agriculture.
(Added to NRS by 2003, 2156 )
“Director” means the Director of
the Department.
(Added to NRS by 2003, 2156 )
“Importation” means the
transportation or movement of animals by any railroad, express company,
truckline or other carrier, or by any persons, by vehicle or otherwise,
into this State.
(Added to NRS by 2003, 2156 )
“Livestock” means:
1. All cattle or animals of the bovine species.
2. All horses, mules, burros and asses or animals of the equine
species.
3. All swine or animals of the porcine species.
4. All goats or animals of the caprine species.
5. All sheep or animals of the ovine species.
6. All poultry or domesticated fowl or birds.
7. All dogs, cats or other animals domesticated or under the
restraint or control of man.
8. All alternative livestock.
(Added to NRS by 2003, 2156 )
“State Quarantine
Officer” means the Director.
(Added to NRS by 2003, 2157 )
1. For the purposes of this chapter, infestation with internal or
external parasites, or exposure to such possible infestation, shall be
deemed equivalent to infection with or exposure to infection with an
infectious, contagious or parasitic disease.
2. The provisions of this chapter applicable to animals infected
with or exposed to infection with any infectious, contagious or parasitic
disease, or to any premises, grounds, cars, vehicles or other carriers
infected or contaminated with any infectious, contagious or parasitic
disease, also apply to any animals, premises, grounds, cars, vehicles, or
other carriers infested with or exposed to infestation or contamination
with any internal or external parasites.
(Added to NRS by 1961, 507; A 2003, 2157 )
SPECIAL TAX ON SPECIFIED LIVESTOCK
1. Upon approval of the report of owners of livestock and sheep
pursuant to NRS 575.180 , the Department
shall fix the amount of the annual special tax on each head of the
following specified classes of livestock, which, except as otherwise
provided in subsection 3, must not exceed the following rates per head
for each class:
Class
Rate per head
Stock
cattle.....................................................................
........................................ $0.28
Dairy
cattle.....................................................................
........................................... .53
Horses.....................................................................
................................................... .75
Mules......................................................................
................................................... .75
Burros or
asses......................................................................
................................... .75
Hogs and
pigs.......................................................................
................................... .07
Goats......................................................................
.................................................... .06
2. As used in subsection 1:
(a) “Dairy cattle” are bulls, cows and heifers of the dairy breeds
that are more than 6 months old.
(b) “Stock cattle” are:
(1) Steers of any breed and other weaned calves of the beef
breeds that are more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses
exclude animals that are less than 1 year old.
3. The minimum special tax due annually pursuant to this section
from each owner of livestock is $5.
4. Upon the receipt of payment of the special tax and the report
thereof by the State Controller, the Department shall credit the amount
of the tax as paid on its records.
5. The special taxes paid by an owner of livestock, when
transmitted to the State Treasurer, must be deposited in the Livestock
Inspection Account.
(Added to NRS by 1961, 507; A 1969, 663; 1971, 866; 1977, 1321;
1983, 1199; 1985, 747; 1991, 1795; 1993, 1747; 1997, 1205; 1999, 2779
, 3686 ; 2001, 279 , 1566 )
QUARANTINE
1. The State Quarantine Officer may proclaim and enforce
quarantine against any state, territory or district, or any portion of
any state, territory or district, with respect to the importation into or
transportation through the State of Nevada of animals which may be
infected with, or which may have been exposed to infection with, any
infectious, contagious or parasitic disease.
2. No quarantine may be issued under the provisions of NRS 571.045
to 571.110 , inclusive, which will conflict with the
provisions of the Constitution of the United States or any Act of the
Congress of the United States.
3. A quarantine remains effective until vacated by order of the
State Quarantine Officer.
(Added to NRS by 1961, 507; A 2003, 2157 )
1. Any quarantine issued under the provisions of NRS 571.045
to 571.110 , inclusive, may:
(a) Consist of a complete embargo against the importation into or
transportation through the State of any animals so quarantined against; or
(b) Provide for the importation into or transportation through the
State of any such animals 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 571.045
to 571.110 , inclusive, remains in force and effect until
removed or modified by the State Quarantine Officer, but:
(a) The State Quarantine Officer may amend from time to time any
quarantine so issued; and
(b) Any such amendments must be general in their application and
must not apply to any individual shipment or importation.
(Added to NRS by 1961, 508; A 2003, 2158 )
If a quarantine is declared as provided in NRS 571.045
to 571.110 , inclusive, against the importation into or
transportation through this state of any animals from any other state,
territory or district or any portion or portions thereof, a certified
copy of the quarantine must 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.
(Added to NRS by 1961, 508; A 2003, 2158 )
1. The State Quarantine Officer is designated the authority to
administer the provisions of NRS 571.045 to 571.110 ,
inclusive.
2. Insofar as practicable, the State Quarantine Officer, in
carrying out the provisions of NRS 571.045 to 571.110 ,
inclusive, shall cooperate with the federal authorities and the
quarantine officials of the several states, territories and districts.
(Added to NRS by 1961, 508)
1. Any animals imported into or being transported through this
state in violation of any quarantine issued under the provisions of NRS
571.045 to 571.110 , inclusive, must be seized immediately 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 expense of the owner thereof.
2. When the movement of any animals seized by the State Quarantine
Officer, as provided in subsection 1, to some point without the State
would further endanger any industry of this state, the animals so seized
by the State Quarantine Officer must be destroyed at the expense of the
owner.
(Added to NRS by 1961, 508; A 2003, 2158 )
It is unlawful for any railroad, express
company or other common carrier, or any persons, to import into or
transport through the State of Nevada any animals in violation of the
provisions of NRS 571.045 to 571.110
, inclusive, or to make delivery of any
such animals to any persons within the limits of this state.
(Added to NRS by 1961, 509; A 2003, 2158 )
In any criminal proceeding arising under the provisions of NRS
571.045 to 571.110 , inclusive, proof that any animal, prohibited
by proclamation of quarantine from importation into or transportation
through this state, was imported into or transported through this state
in violation of the quarantine shall be deemed proof within the meaning
of NRS 571.045 to 571.110 , inclusive, that the animal was diseased,
exposed to disease or infected, or exposed to infection.
(Added to NRS by 1961, 509; A 2003, 2158 )
Any person, corporation, common carrier,
agent or employee of any corporation violating or assisting in violating
any of the provisions of NRS 571.045 to
571.100 , inclusive, is guilty of a
gross misdemeanor.
(Added to NRS by 1961, 509)
CONTROL AND ERADICATION OF DISEASES IN ANIMALS
1. The Department shall do all things necessary for the control
and eradication of infectious, contagious or parasitic diseases of
animals.
2. The Director shall cooperate with the Director of the
Department of Wildlife in a program to prevent the spread of communicable
diseases in animals in this State.
(Added to NRS by 1961, 509; A 1989, 1086; 1993, 1747; 1999, 3687
; 2003, 1582 , 2159 )
The State Quarantine Officer may adopt rules and regulations of the
Secretary of Agriculture of the United States relating to the control and
suppression of disease in animals, and may cooperate with the Secretary
of Agriculture and his officers in the enforcement of such rules and
regulations.
(Added to NRS by 1961, 509; A 2003, 2159 )
1. The State Quarantine Officer, with the approval of the State
Board of Agriculture, may adopt such regulations requiring the processing
of food waste before it is fed to livestock, fish or other animals as are
necessary to prevent the introduction or spread of infectious, contagious
or parasitic diseases. The regulations may prescribe a procedure by which
permits are issued to those persons desiring to process food waste,
minimum standards of sanitation are established and periodic inspections
of the processing facilities are made. The State Quarantine Officer may
collect a reasonable annual fee for each permit issued to recover costs
incurred by the Department in the issuance of permits and the inspection
of processing facilities.
2. Any regulation adopted pursuant to this section does not apply
to a person feeding food waste from his household to livestock, fish or
other animals being raised on the premises for his consumption.
3. As used in this section, “food waste” means all waste material
derived in whole or in part from the meat of any animal or other animal
material, or other refuse associated with any such material, resulting
from the handling, preparation and consumption of food.
(Added to NRS by 1981, 617; A 1993, 1748; 1999, 3687 )
The State Quarantine Officer, or his
representatives or his agents, may inspect, test, treat, quarantine and
condemn animals affected with any infectious, contagious or parasitic
disease, and any such person may enter upon any ground or premises of
this state to enforce the inspection, testing, treatment, quarantine and
condemnation laws and all the rules, regulations and orders of the
Department.
(Added to NRS by 1961, 509; A 1993, 1748; 1999, 3687 ; 2003, 2159 )
The State Quarantine Officer may inspect,
test or quarantine any animal in the State infected with, suspected of
being or which have been exposed to an infectious, contagious or
parasitic disease, and compel testing or treatment at such times and as
often as he deems necessary to insure the suppression of disease.
(Added to NRS by 1961, 509; A 2003, 2159 )
If any animal becomes infected
with any infectious, contagious or parasitic disease as defined by rules
and regulations adopted by the State Quarantine Officer, the owner or
agent in charge of the infected animal, or any inspector of the
Department or any practicing veterinarian who has knowledge of the
infected animal, shall immediately notify the State Quarantine Officer. A
notification of disease received pursuant to this section must be kept
confidential unless:
1. The reported disease is specifically regulated pursuant to NRS
571.130 for mandatory control and
eradication to protect the public health, other animals or wildlife; or
2. The State Quarantine Officer determines that a public health
emergency exists.
(Added to NRS by 1961, 509; A 1993, 1748; 1999, 1069 , 3687 ; 2001, 279 ; 2003, 2159 )
1. If an animal is found diseased, the State Quarantine Officer
may make regulations for its quarantine at once, and he may define the
place and limits within which the animal may be grazed, herded or driven.
Such an animal may be held in quarantine until released by the State
Quarantine Officer.
2. The expense of treatment, feeding and taking care of animals
quarantined under the provisions of NRS 571.120 to 571.250 ,
inclusive, must be paid by the owner or agent in charge of the animals,
and such expense is a lien upon the animals until paid.
3. The expense of testing an animal and the expense of handling an
animal for the purpose of testing must be paid by the owner or agent in
charge of the animal, at the option of the State Quarantine Officer, and
such expense is a lien upon the animal until paid.
(Added to NRS by 1961, 509; A 2003, 2159 )
Quarantined animals, and any animals
or animal products which have been, or are suspected to have been,
infected with or exposed to infectious, contagious or parasitic diseases,
must not be removed from one point to another within any area, or from
one area to another, without a written permit from the State Quarantine
Officer.
(Added to NRS by 1961, 510; A 2003, 2160 )
1. The State Quarantine Officer may order and have destroyed any
animal infected with or exposed to any infectious, contagious or
parasitic disease.
2. The Department shall compensate the owners of any animal so
destroyed separately or jointly with any county or municipality of the
State or any agency of the Federal Government, the amount of the
compensation to be determined by appraisal before the affected animal is
destroyed.
3. The appraisal must be made by the State Quarantine Officer or a
qualified agent designated by him and the owners or their authorized
representative. In the event of their failure to reach an agreement, the
two so selected shall designate a disinterested person, who by reason of
experience in such matters is a qualified judge of values of animals, to
act with them. The judgment of any two such appraisers is binding and
final upon all persons.
4. The total amount received by the owners of any animal so
destroyed, including compensation paid by the Department, any county or
municipality or any agency of the Federal Government or any company that
insures animals, and the salvage received from the sale of hides or
carcasses or any other source, combined, must not exceed the actual
appraised value of the destroyed animal.
5. Any natural person or corporation purchasing any animal which
was at the time of purchase under quarantine by any state, county or
municipal authorities or any agency of the Federal Government authorized
to lay such quarantine, or who purchases any animal which due diligence
and caution would have shown to be diseased or which was shipped or
transported in violation of the rules and regulations of any agency of
the Federal Government or the State of Nevada, is not entitled to receive
compensation, and the Department may order the destruction of the animal
without making any compensation to the owner.
6. No payment may be made hereunder as compensation for or on
account of any such animal destroyed if, at the time of inspection or
test of the animal or at the time of the ordered destruction thereof, the
animal belongs to or is upon the premises of any person, firm or
corporation to which the animal has been sold, shipped or delivered for
slaughter.
7. In no case may any payment by the Department pursuant to the
provisions of this section be made unless the owner has complied with all
quarantine rules and regulations of the Department.
(Added to NRS by 1961, 510; A 1993, 1748; 1999, 3687 ; 2003, 2160 )
1. The owner or agent in charge of any animal that has died or has
been killed as a result of any infectious, contagious or parasitic
disease shall immediately bury the carcass thereof at least 3 feet
underground or cause the carcass to be consumed by fire, and the carcass
must not be sold or given away.
2. In order to carry out the requirements of subsection 1, the
carcass may be conveyed on a public highway or public road, or conveyed
on land not owned by the owner or agent, in accordance with rules and
regulations promulgated by the State Quarantine Officer.
3. The expense of burying, burning or conveying the carcass must
be paid by the owner or agent, and such expense is a lien upon remaining
animals or other real or personal property of the owner or agent until
paid.
(Added to NRS by 1961, 511; A 2003, 2161 )
1. Except as otherwise provided in this section, a person, his
agent or employee may bring into this State any animal not under special
quarantine by the State of Nevada, the Federal Government, or the state,
territory or district of origin in compliance with regulations adopted by
the State Quarantine Officer.
2. Notice that an animal is in transit is not required unless the
animal remains in this State, or is to be unloaded in this State to feed
and rest for longer than 48 hours.
3. A person, his agent or employee shall not bring any animal into
this State unless he has obtained a health certificate showing that the
animal is free from contagious, infectious or parasitic diseases or
exposure thereto. This requirement does not apply to any animal whose
accustomed range is on both sides of the Nevada state line and which is
being moved from one portion to another of the accustomed range merely
for pasturing and grazing thereon. The State Quarantine Officer shall
adopt regulations concerning the form of the certificate.
4. A person, his agent or employee shall not:
(a) Alter a health certificate; or
(b) Divert any animal from the destination described on the health
certificate without notifying the State Quarantine Officer within 72
hours after the diversion of the animal.
5. To protect this State from the effects of chronic wasting
disease, a person, his agent or employee shall not bring into this State
any live:
(a) Rocky Mountain elk (Cervus elaphus nelsoni);
(b) Mule deer (Odocoileus hemionus);
(c) White-tailed deer (Odocoileus virginianus); or
(d) Other animal that the State Quarantine Officer has, by
regulation, declared to be susceptible to chronic wasting disease and
prohibited from importation into this State.
6. Any animal brought into this State in violation of this section
may be seized, destroyed or sent out of this State by the State
Quarantine Officer within 48 hours. The expense of seizing, destroying or
removing the animal must be paid by the owner or his agent in charge of
the animal and the expense is a lien on the animal, unless it was
destroyed, until paid.
(Added to NRS by 1961, 511; A 1983, 1009; 1985, 347; 2003, 2161
; 2005, 204 )
1. The State Quarantine Officer shall quarantine any corrals,
pens, slaughterhouses, buildings, places, cars, trucks or vehicles where
any animal may have been handled, and compel the cleaning and
disinfecting of such places or vehicles when deemed necessary for the
purposes of this chapter.
2. Where owners or persons in charge of such places or vehicles
refuse to clean and disinfect them, an inspector may take charge of such
places or vehicles and cause them to be cleaned and disinfected. The
expense of such cleaning and disinfecting must be paid by the owners or
persons in charge, and is a lien upon such corrals, pens,
slaughterhouses, buildings, places, cars, trucks or vehicles until the
expense is paid.
(Added to NRS by 1961, 511; A 2003, 2162 )
Inspectors may at all
times enter any premises, farms, fields, corrals, pens, slaughterhouses,
buildings, places, cars, trucks or vehicles where any animal is quartered
for the purpose of examining such places, vehicles or animals to
determine whether they are affected with any infectious, contagious or
parasitic disease.
(Added to NRS by 1961, 511; A 2003, 2162 )
1. Inspectors may inspect any animal about to be shipped, driven,
transported or otherwise removed from the State.
2. Consignors, possessors or persons in charge of such an animal
shall, upon demand, fully establish title to the animal or the legal
right to so ship, transport, drive or otherwise remove the animal from
the State.
(Added to NRS by 1961, 511; A 2003, 2162 )
Any person violating the provisions of NRS
571.120 to 571.240 , inclusive, or failing, refusing or neglecting
to perform or observe any conditions, orders, rules or regulations
prescribed by the State Quarantine Officer in accordance with the
provisions of NRS 571.120 to 571.240
, inclusive, is guilty of a misdemeanor
and, in addition to any criminal penalty, shall pay to the Department an
administrative fine of not more than $1,000 per violation. 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.
(Added to NRS by 1961, 512; A 1993, 900; 1995, 548; 1999, 3688
)
