USA Statutes : nevada
Title : Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING
Chapter : CHAPTER 587 - AGRICULTURAL PRODUCTS AND SEEDS
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 587.003
and 587.005 have the meanings ascribed to them in those
sections.
(Added to NRS by 1999, 3724 )
“Department” means the State
Department of Agriculture.
(Added to NRS by 1999, 3724 )
“Director” means the Director of
the Department.
(Added to NRS by 1999, 3724 )
SEEDS
As used in NRS 587.015 to 587.123 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 587.017 to 587.073
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1969, 354; A 1985, 624; 1993, 1783; 1999, 3724
)
“Advertisement” means all
representations, other than those on the label, disseminated in any
manner or by any means, relating to seed within the scope of NRS 587.015
to 587.123 , inclusive.
(Added to NRS by 1969, 354)
“Agricultural seeds”
includes the seeds of grass, forage, cereal and fiber crops and any other
kinds of seeds commonly recognized within this state as agricultural
seeds, lawn seeds and mixtures of those seeds, and may include any other
kind of seeds if the Director determines that the seed is being used as
agricultural seed.
(Added to NRS by 1969, 354; A 1993, 1783; 1999, 3724 )
“Certified seed” means seed
that has been produced and labeled in accordance with the procedures and
in compliance with the requirements of an officially recognized
certifying agency and includes the breeders, foundation, registered and
certified seed classes.
(Added to NRS by 1969, 354)
“Certifying agency”
means:
1. An agency authorized under the laws of a state, territory or
possession of the United States officially to certify seed; or
2. An agency of a foreign country determined by the United States
Secretary of Agriculture to adhere to procedure and standards for seed
certification comparable to those adhered to generally by seed-certifying
agencies under subsection 1.
(Added to NRS by 1969, 354)
“Consumer” means any person who
purchases or otherwise obtains seed for sowing but not for resale.
(Added to NRS by 1969, 354)
“Flower seeds” includes seeds
of herbaceous plants grown for their blooms, ornamental foliage or other
ornamental parts, and commonly known and sold under the name of flower
seeds in this state.
(Added to NRS by 1969, 354)
“Grower’s or tree seedsman’s declaration” is a statement signed by the
grower or tree seedsman giving, for a lot of seed, the lot number, the
kind and variety, species and subspecies for tree and shrub seed, origin
and weight.
(Added to NRS by 1969, 354)
“Hybrid” means the first generation
seed of a cross produced by controlling the pollination and by combining:
1. Two or more inbred lines;
2. One inbred or a single cross with an open-pollinated variety; or
3. Two varieties or species, except open-pollinated varieties of
corn (Zea mays).
Ê The second generation and subsequent generations from such crosses
shall not be regarded as hybrids. Hybrid designations shall be treated as
variety names.
(Added to NRS by 1969, 355)
“Kind” means one or more related
species or subspecies which singly or collectively are known by one
common name, for example, corn, oats, alfalfa and timothy.
(Added to NRS by 1969, 355)
“Labeling” includes all labels
and other written, printed or graphic representations, in any form
whatever, accompanying or pertaining to any seed, whether in bulk or in
containers, and includes representations on invoices.
(Added to NRS by 1969, 355)
“Lot” means a definite quantity of
seed identified by a lot number or other mark, every portion or bag of
which is uniform within recognized tolerances for the factors which
appear in the labeling.
(Added to NRS by 1969, 355)
“Noxious weed” means a weed
the presence of whose seed among other seeds is prohibited or restricted
pursuant to this chapter.
(Added to NRS by 1985, 624)
“Origin” for an indigenous stand of
trees is the area on which the trees are growing; for a nonindigenous
stand, it is the place from which the seeds or plants were originally
introduced.
(Added to NRS by 1969, 355)
“Record” includes all information
relating to the shipment or shipments involved and includes a file sample
of each lot of seed. For tree and shrub seed the record also includes all
documents supporting the statement of origin of the seed.
(Added to NRS by 1969, 355)
“Screenings” means chaff, seed,
weed seeds, inert matter and other materials removed from seed in
preparing it for use.
(Added to NRS by 1969, 355; A 1985, 624)
“Seizure” means a legal process
carried out by court order against an amount of seed or screenings.
(Added to NRS by 1969, 355)
“Stop sale” means an
administrative order provided by law, restraining the sale, use,
disposition or movement of a definite amount of seed or screenings.
(Added to NRS by 1969, 355)
“Treated” means that the seed has
received an application of a substance, or that the seed has been
subjected to a process for which a claim is made.
(Added to NRS by 1969, 355)
“Tree and shrub
seeds” includes seeds of woody plants commonly known and sold as tree and
shrub seeds in this state.
(Added to NRS by 1969, 356)
“Tree seedsman” is any
person who makes a business of producing, or collecting and processing
and selling tree seed.
(Added to NRS by 1969, 356)
“Type” means a group of varieties so
nearly similar that the individual varieties cannot be clearly
differentiated except under special conditions.
(Added to NRS by 1969, 356)
“Variety” means a subdivision of a
kind characterized by growth, yield, plant, fruit, seed or other
characteristics, by which it can be differentiated from other plants of
the same kind.
(Added to NRS by 1969, 356)
“Vegetable seeds” includes
the seeds of those crops which are grown in gardens or on truck farms and
are generally known and sold under the name of seeds of vegetables or
herbs in this state.
(Added to NRS by 1969, 356; A 1985, 625)
“Weed seeds” includes the seeds
and bulblets of all plants generally recognized as weeds within this
state.
(Added to NRS by 1969, 356; 1985, 625)
The
Director shall administer and enforce the provisions of NRS 587.015
to 587.123 , inclusive.
(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724 )
The Department is designated as the
official seed-certifying agency for the State of Nevada. The Director
shall, by rules or regulations, adopt and enforce standards governing the
certification of seed as to variety, purity, quality or other matters
relating thereto, and shall establish a schedule of fees for that
certification.
(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724 )
The Director
may do service grain grading, including testing for dockage and moisture,
and may establish a schedule of fees for that grading and testing.
(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724 )
The Director or his authorized
representatives shall:
1. Sample, inspect, make analysis of and test seeds subject to NRS
587.015 to 587.123 , inclusive, that are transported, sold,
offered or exposed for sale within the State for sowing purposes, at such
time and place and to such extent as may be necessary to determine
whether the seeds are in compliance with NRS 587.015 to 587.123 ,
inclusive.
2. Notify promptly the person who transported, sold, offered or
exposed the seed for sale of any violation.
(Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724 )
1. The Director shall adopt regulations:
(a) Governing the terms and methods used in sampling, inspecting,
analyzing, testing and examining seeds subject to NRS 587.015 to 587.123 ,
inclusive, and the tolerances to be used.
(b) Establishing a list of prohibited and restricted noxious weeds
and prescribing the maximum rate of occurrence per pound of seeds of
restricted noxious weeds which may be associated with any seeds. A
noxious weed may be prohibited if it is highly destructive and difficult
to control in this state by ordinary good cultural or chemical practice
and restricted if it is objectionable or injurious in fields, lawns and
gardens of this state, but may be controlled by good cultural or chemical
practices.
(c) Establishing minimum standards of germination for seeds of
vegetables, herbs and flowers.
(d) Defining the terms to be used in labeling seeds.
(e) Establishing a list of the species of trees and shrubs subject
to the labeling requirements set forth in subsection 7 of NRS 587.105
.
(f) Establishing the duration of the validity of testing to
determine the percentage of germination of seeds subject to the
requirements for labeling as set forth in NRS 587.091 to 587.105 ,
inclusive, before the sale, offering for sale or transporting of those
seeds.
(g) For the labeling of seeds of flowers in respect to kind and
variety or the characteristics of type and performance as required by NRS
587.101 and 587.103 .
(h) Establishing a list of the kinds of seeds of flowers which are
subject to the labeling requirements of NRS 587.101 and 587.103 .
2. The Director may adopt such other regulations as are necessary
to carry out the provisions of NRS 587.015 to 587.123 ,
inclusive.
(Added to NRS by 1969, 356; A 1985, 625; 1993, 1783; 1999, 3724
)
The Director
or his authorized representatives may:
1. Enter upon or within any public or private premises or upon or
into any truck or other conveyance by land, water or air at any time to
examine seeds, screenings or records which are subject to the provisions
of NRS 587.015 to 587.123 , inclusive, or rules and regulations adopted
pursuant thereto.
2. Issue and enforce a written or printed stop-sale order against
the owner or custodian of any seed or screenings which are found to be in
violation of any of the provisions of NRS 587.015 to 587.123 ,
inclusive, or the rules and regulations adopted pursuant thereto.
(Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725 )
1. A stop-sale order issued pursuant to subsection 2 of NRS
587.085 may prohibit the sale,
processing or movement of the seed or screenings until evidence is
submitted or obtained that the violation has been corrected and a release
from the stop-sale order is issued.
2. Whenever tree seed, shrub seed or screenings are subject to a
stop-sale order, the Director or his representative shall notify the
shipper or consignor that the order is in effect. Upon the shipper’s or
consignor’s request, the Director may permit the return of the seed to
the shipper or may permit the seed to be transferred to a mutually
acceptable storage area pending its further disposition as provided by
law.
3. Any person aggrieved by a stop-sale order may, within 60 days
after the order issues, appeal from the order to the district court in
the county in which the seeds, subject to the order, are located.
(Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725 )
The Director shall cooperate with the
United States Department of Agriculture and other appropriate agencies in
seed law enforcement.
(Added to NRS by 1969, 357; A 1993, 1785; 1999, 3726 )
1. Each container of seeds of agricultural crops, flowers,
vegetables, herbs, trees and shrubs which is sold, offered for sale or
transported within this state for sowing purposes must bear or have
attached to it, in a conspicuous place, a plainly written label or tag in
the English language, giving the net weight of the seed and the
information specified for the respective classes of seed in subsection 2
and in NRS 587.093 to 587.105 , inclusive, which information must not be
modified or denied in the labeling or on another label attached to the
container.
2. For all such seeds which are treated, the label must contain:
(a) A word or statement indicating that the seed has been treated;
(b) The commonly accepted coined, chemical, generic or abbreviated
chemical or generic name of the substance used for treatment, or the
description of the process used for treatment;
(c) If the substance applied to the seed for treatment is in an
amount which may be harmful to human or other vertebrate animals, a
caution, stating: “Do not use for food, feed or oil purposes.” The
caution for mercurials and similarly toxic substances must be a statement
or symbol indicating the presence of poison; and
(d) If the seed is treated with an inoculant, the month and year
beyond which the inoculant is not to be considered effective.
3. A separate label may be used to contain the information
required in subsection 2.
(Added to NRS by 1969, 357; A 1985, 626)
The labeling of containers for seeds of agricultural crops must state,
in addition to the requirements of NRS 587.091 :
1. The kind and variety, or the kind and the phrase “variety not
stated,” for each seed of another crop in the container in excess of 5
percent of the whole, and the percentage by weight of the pure seed of
each listed in a column in order of its predominance. Seeds of other
crops in the container which are less than 5 percent of the whole may be
claimed as part of a mixture but if so must conform to the requirements
applicable to seeds in excess of 5 percent of the whole. Mixtures must be
designated by the word “mixed” or “mixture” accompanying the name of the
mixture. Hybrids must be labeled as hybrids.
2. The number or other identification of the lot.
3. The origin, state or foreign country, if known, of alfalfa, red
clover and field corn, but not of hybrid corn. If the origin is unknown,
this fact must be stated.
4. The percentage by weight of all seeds of weeds present.
5. The name and rate of occurrence per pound of each kind of seeds
of restricted noxious weeds present.
6. The percentage by weight of seeds of crops other than those
named on the label. These may be designated “crop seeds.”
7. The percentage by weight of inert matter.
8. For each seed for agricultural crops named in the label:
(a) The percentage of germination, exclusive of hard seed;
(b) The percentage of hard seed, if present; and
(c) The month and year the test for germination was completed, and
for mixtures, only the date of the oldest test of the seeds in the
mixture.
Ê In addition, following the percentages shown in paragraphs (a) and (b),
the total germination and hard seed may be stated as such.
9. The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
(Added to NRS by 1969, 358; A 1985, 626)
The labeling of containers for seeds of
vegetables in containers of 1 pound or less must state, in addition to
the requirements of NRS 587.091 :
1. The name of the kind and variety of the seed.
2. For seeds which germinate less than the standard established in
the regulations adopted under paragraph (c) of subsection 1 of NRS
587.083 :
(a) The percentage of germination, exclusive of hard seed;
(b) The percentage of hard seed, if present;
(c) The month and year the test for germination was completed; and
(d) The words, “below standard,” in not less than 8-point type.
3. The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
4. The name and rate of occurrence per pound of each kind of seed
of restricted noxious weeds present in the container.
(Added to NRS by 1969, 359; A 1985, 627)
The labeling of containers for seeds of
vegetables in containers of more than 1 pound must state, in addition to
the requirements of NRS 587.091 :
1. The name of each kind and variety present in excess of 5
percent of the whole, and the percentage by weight of each in order of
its predominance.
2. The number or other identification of the lot.
3. For each seed of vegetables named on the label:
(a) The percentage of germination, exclusive of hard seed;
(b) The percentage of hard seed, if present; and
(c) The month and year the test for germination was completed.
4. The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
5. The name and rate of occurrence per pound of each kind of seed
of restricted noxious weeds present in the container.
(Added to NRS by 1969, 359; A 1985, 627)
The labeling for seeds of flowers in packets prepared for
use in home gardens or plantings for households must state, in addition
to the requirements of NRS 587.091 :
1. For all kinds of seeds of flowers:
(a) The name of the kind and variety or a statement of the
characteristics of type and performance as prescribed in the regulations
adopted under paragraph (g) of subsection 1 of NRS 587.083 ;
(b) The month and year the seed was tested for germination or the
year for which the seed was packaged; and
(c) The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
2. In addition, for seeds of those kinds for which standard
procedures for testing are prescribed and which germinate less than the
standard of germination established in the regulations adopted under
paragraph (c) of subsection 1 of NRS 587.083 :
(a) The percentage of germination, exclusive of hard seed; and
(b) The words “below standard” in not less than 8-point type.
(Added to NRS by 1969, 359; A 1985, 628)
The labeling of containers for seeds of flowers in
containers other than packets prepared for use in home gardens or
plantings for households must state, in addition to the requirements of
NRS 587.091 :
1. For all kinds of seeds of flowers:
(a) The name of the kind and variety or a statement of the
characteristics of type and performance as prescribed in the regulations
adopted under paragraph (g) of subsection 1 of NRS 587.083 ;
(b) The number or other identification of the lot;
(c) The month and year the seed was tested for germination or the
year for which the seed was packaged; and
(d) The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
2. In addition, for those kinds of seeds for which standard
procedures for testing are prescribed:
(a) The percentage of germination, exclusive of hard seed; and
(b) The percentage of hard seed, if present.
(Added to NRS by 1969, 360; A 1985, 628)
Except for seed supplied by a seedsman of trees to a consumer under a
contractual agreement, which may be labeled by invoice or by an analysis
tag attached to the invoice if the seed is in bulk or if each bag or
other container is clearly identified by the number of the lot stenciled
on the container, the labeling of each bag or container which is not so
identified and each container of seeds of trees and shrubs which is sold,
offered for sale or transported within this state for sowing purposes
must state, in addition to the requirements of NRS 587.091 :
1. The common name of the species of seed and subspecies, if
appropriate.
2. The scientific name of the genus, species and subspecies, if
appropriate.
3. The number or other identification of the lot.
4. The origin of the seed, specified as follows:
(a) For seed collected from a predominantly indigenous stand, the
area of collection given by latitude and longitude, geographic
description or political subdivision, including state and county; or
(b) For seed collected from other than a predominantly indigenous
stand, identification of the area of collection and the origin of the
stand or, if applicable, the statement: “Origin not indigenous.”
5. The upper and lower limits of elevations within which the seed
was collected.
6. The purity of the seed as a percentage of pure seed by weight.
7. For those species for which standard procedures for testing
germination are prescribed by the Director, one of the following:
(a) The germination in percentage and percentage of firm
ungerminated seed, and the month and year of the test;
(b) For seed transported or delivered for transportation within the
year of collection or within 6 months following the year of collection,
the statement: “Test is in process”; or
(c) For seed being transported to a consumer, the name of the
consumer and a statement: “Contract seed not for resale, and subject to
test to be arranged.”
8. For those species for which standard procedures for testing
germination have not been prescribed by the Director, the year in which
the seed was collected.
9. The name and address of the person who labeled the seed, or who
sells or offers the seed for sale within this state.
(Added to NRS by 1969, 360; A 1985, 629; 1993, 1785; 1999, 3726
)
Each
person whose name appears on a label as handling seeds subject to any of
the provisions of NRS 587.015 to
587.123 , inclusive, shall keep for 2
years complete records of each lot of seed handled and for 1 year a file
sample of each lot of seed after final disposition of the lot. All such
records and samples pertaining to the shipment or shipments involved must
be available for inspection by the Director or his representative during
normal business hours.
(Added to NRS by 1969, 361; A 1993, 1785; 1999, 3726 )
1. Any person importing any white or Irish potatoes intended for
seed purposes into the State of Nevada shall, within 24 hours after the
receipt of the potatoes, notify the Director of the arrival of the
potatoes and hold them at his place of business or at the point of
receipt until the potatoes are inspected and released by the Director.
2. If, upon inspection, the Director finds that the potatoes are
infected with bacterial ring rot, or other potato diseases in amounts in
excess of that allowed under the standards set for Nevada certified
potatoes, the potatoes may not be released for planting in this state,
but must be disposed of for nonseed purposes in a manner approved by the
Director.
3. If the seed potatoes are found to be free from bacterial ring
rot, and other potato diseases are not present in excess of that allowed
under the standards set for Nevada certified seed potatoes, the Director
shall release the potatoes.
(Added to NRS by 1969, 361; A 1993, 1786; 1999, 3727 )
It is unlawful for any person to sell,
offer for sale or transport for sale any seeds of agricultural crops,
flowers, vegetables, herbs, trees or shrubs within this state:
1. If they are subject to the labeling requirements of NRS 587.091
to 587.105 , inclusive, unless the test to determine the
percentage of germination required has been completed, as prescribed in
the regulations adopted under paragraph (f) of subsection 1 of NRS
587.083 , immediately before the sale,
offering for sale or transporting of the seed.
2. Unless labeled in accordance with the provisions of NRS 587.091
to 587.105 , inclusive, or if bearing a false and
misleading label.
3. Which have been the subject of a false or misleading
advertisement.
4. Which consist of or contain prohibited seeds of noxious weeds
in excess of recognized tolerances.
5. Which consist of or contain seeds of restricted noxious weeds
in excess of the number per pound as prescribed by regulations adopted
under paragraph (b) of subsection 1 of NRS 587.083 , or in excess of the number stated on the
label attached to the container of the seed.
6. Which contain seeds of weeds in excess of limits set forth in
the regulations adopted under NRS 587.015 to 587.123 ,
inclusive.
7. Which are represented, by labeling, advertising or otherwise,
to be any particular class of certified seed, unless:
(a) It has been determined by a certifying agency that the seed was
produced, processed and packaged, in accordance with the standards
established by the agency; in addition, as to seeds for trees, the seed
was found to be of the origin and elevation claimed; and
(b) The seed bears an official label, issued by the certifying
agency, that the seed is certified or registered.
(Added to NRS by 1969, 362; A 1985, 630)
It is unlawful for any person
within this state:
1. To detach, alter, deface or destroy any label provided for in
NRS 587.015 to 587.123 , inclusive, or in the rules and regulations
adopted pursuant thereto.
2. To alter or substitute seed contrary to the provisions of NRS
587.015 to 587.123 , inclusive, or the rules and regulations
adopted pursuant thereto.
3. To disseminate any false or misleading advertisements
concerning seeds subject to NRS 587.015
to 587.123 , inclusive.
4. To hinder or obstruct in any way any authorized person in the
performance of his duties under NRS 587.015 to 587.123 ,
inclusive.
5. To violate a stop-sale order.
6. To use the word “trace” as a substitute for any statement which
is required on a label.
7. To use the word “type” in any labeling in connection with the
name of any agricultural seed variety.
(Added to NRS by 1969, 362)
It
shall be unlawful to sell or offer for sale by variety name, seed not
certified by an official seed certifying agency, when the variety is one
for which an application for a certificate has been filed, or for which a
certificate of plant variety protection has been issued under authority
of the Plant Variety Protection Act (7 U.S.C. §§ 2321 et seq.) requiring
that the variety is to be sold as “Certified Seed” only.
(Added to NRS by 1973, 280)
The provisions of NRS 587.091 to 587.105 ,
inclusive, do not apply:
1. To seed or grain not intended for sowing purposes.
2. To seed only while being stored in, transported to or consigned
to an establishment for the conditioning or processing of seed if the
invoice or labeling accompanying any shipment of such seed bears the
statement “seed for processing.”
3. To any carrier of seed which is transported or delivered for
transportation in the ordinary course of its business as a carrier, if
the carrier is not otherwise engaged in producing, processing or
marketing seeds which are subject to NRS 587.015 to 587.123 ,
inclusive.
4. To seed from a bulk container which is weighed and packaged in
the presence of the purchaser, if that container is properly labeled
pursuant to NRS 587.091 to 587.105
, inclusive.
(Added to NRS by 1969, 363; A 1985, 631)
A person who sells or offers to sell seeds
which are subject to the provisions of NRS 587.015 to 587.123 ,
inclusive, is not subject to a penalty for incorrect labeling or
representation as to kind, species, variety, type or origin, elevation
and year of collection, if applicable, of such seeds if:
1. The seeds cannot be identified by mere examination;
2. He obtains and relies upon:
(a) An invoice;
(b) A declaration of a grower or a seedsman of trees, which states
that the grower or seedsman has records to prove the progeny of seed of
the same origin; or
(c) Other labeling information; and
3. He takes other precautions as are reasonable to ensure that the
labeling and representations are correct.
(Added to NRS by 1969, 363; 1985, 632)
1. If a seed is prepared for use, all screenings or cleanings must
be removed from the premises only under a permit issued by the Director.
2. It is unlawful to distribute, give away, sell or use screenings
containing weed seeds unless the screenings have been treated to destroy
the viability of the weed seeds or otherwise in a manner approved by the
Director.
(Added to NRS by 1969, 363; A 1985, 632; 1993, 1786; 1999, 3727
)
1. Any lot of seed found or reasonably suspected to be in
violation of any of the provisions of NRS 587.015 to 587.119 ,
inclusive, is subject to seizure upon a complaint by the Director filed
in the district court of the county in which the seed is located.
2. If the court finds that the seed is in violation of any of
those provisions, it may, after allowing the party or parties in interest
to apply for the release of the seed or for permission to bring the seed
into compliance with the law, make such orders as may be necessary for
the seed to be processed, relabeled, denatured, destroyed or otherwise
disposed of according to the circumstances of the case.
(Added to NRS by 1969, 363; A 1993, 1786; 1999, 3727 )
Any person who violates any of the
provisions of NRS 587.015 to 587.119
, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1969, 363; A 1973, 280)
ALFALFA SEED RESEARCH AND PROMOTION
As used in NRS 587.131 to 587.185 ,
inclusive, unless the context requires otherwise:
1. “Advisory Board” means the Alfalfa Seed Advisory Board.
2. “Alfalfa seed” means the seed that is harvested from any
variety of alfalfa plant.
3. “Dealer” means any person, partnership, association,
corporation, cooperative or other business unit or device that first
handles, packs, ships, buys and sells alfalfa seed.
4. “Grower” means any landowner personally engaged in growing
alfalfa seed, or both the owner and tenant jointly, and includes a
person, partnership, association, corporation, cooperative organization,
trust, sharecropper or any and all other business units, devices or
arrangements that grow alfalfa seed.
(Added to NRS by 1975, 492; A 1993, 1786; 1999, 3727 )
1. The Alfalfa Seed Advisory Board consisting of seven members is
hereby created.
2. Six members of the Advisory Board shall be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Alfalfa seed growers actively engaged in the growing and
producing of alfalfa seed in the State of Nevada with a substantial
portion of their income derived from growing alfalfa seed.
3. One member of the Board shall be:
(a) A citizen of the United States; and
(b) A dealer who is and has been actively engaged as a dealer in
alfalfa seed in the State of Nevada.
(Added to NRS by 1975, 492)
The
members of the Advisory Board serve without pay.
(Added to NRS by 1975, 493; A 1987, 1311)
The
Advisory Board has:
1. Only such powers and duties as are authorized by law; and
2. The following powers and duties:
(a) To elect a chairman and such other officers as it deems
advisable.
(b) To prepare a budget covering anticipated income and expenses
for utilization of the money deposited to the Alfalfa Seed Research and
Promotion Account.
(c) To adopt procedures for filing with the Advisory Board any
proposed alfalfa seed research projects or market promotion projects.
(d) To prepare and present to the State Board of Agriculture a
program for research in the production, harvesting, processing,
distribution and market promotion of alfalfa seed. 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.
(Added to NRS by 1975, 493; A 1991, 1797)
1. The State Board of Agriculture has the following powers and
duties:
(a) To appoint the members of the Advisory Board, to fix their term
of office and to fill all vacancies.
(b) To establish procedures for the Nevada alfalfa seed industry to
recommend persons for appointment to the Advisory Board.
(c) To administer, enforce and control the collection of
assessments levied for the Alfalfa Seed Research and Promotion Account.
(d) To authorize payments from the Alfalfa Seed Research and
Promotion Account upon the recommendation of the Advisory Board.
(e) To contract with natural persons or agencies for the conduct or
management of research and market promotion projects.
(f) To adopt regulations to carry out the provisions of NRS 587.135
to 587.185 , inclusive.
2. Money from the State General Fund may not be utilized by the
State Board of Agriculture in carrying out the provisions of NRS 587.131
to 587.185 , inclusive. Expenditures for those purposes
must be made only from the Alfalfa Seed Research and Promotion Account
created by NRS 561.409 , and are subject
to the limitations stated in that section.
(Added to NRS by 1975, 493; A 1979, 624; 1991, 1797)
All gifts or grants of money which the Board is
authorized to accept must be deposited with the State Treasurer for
credit to the Alfalfa Seed Research and Promotion Account.
(Added to NRS by 1979, 625; A 1991, 1798)
1. The Department shall, on or before August 1 of each year, fix
an annual special assessment not to exceed 50 cents per hundred weight of
alfalfa seed to be levied upon all alfalfa seed grown in this state. The
Department shall collect the assessment and transmit the proceeds to the
State Treasurer for credit to the Alfalfa Seed Research and Promotion
Account.
2. On or before June 30 of each year, any person who has paid the
special assessment levied pursuant to this section may file a claim for a
refund with the Department accompanied by a receipt showing payment. Upon
verification of the correctness of the claim, the Department shall
transmit the claim to the State Controller for payment from the Alfalfa
Seed Research and Promotion Account.
(Added to NRS by 1975, 493; A 1991, 1798; 1993, 1787; 1999, 3728
)
All
assessments levied pursuant to the provisions of NRS 587.155 must be paid to the Department by the person,
either grower or dealer, by whom the alfalfa seed was first handled in
the primary channels of the trade and must be paid within 60 days after
the date on which the grower received payment for the alfalfa seed. If
the person first handling the alfalfa seed in the primary channels of
trade is a person other than the grower, he may charge against or recover
from the grower the full amount of any assessment paid by him under NRS
587.155 .
(Added to NRS by 1975, 494; A 1993, 1787; 1999, 3728 )
Any grower or dealer who fails to file a return or to pay any assessment
pursuant to NRS 587.155 within the
period required 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 the end of the month in which
the return was required to be filed or in which the assessment became
due. The Department, if satisfied the delay was excusable, may remit all
or any part of the penalty. The penalty must be paid to the Department
and deposited for credit to the Alfalfa Seed Research and Promotion
Account.
(Added to NRS by 1975, 494; A 1991, 1798; 1993, 1787; 1999, 3728
)
Any
assessment levied constitutes a personal debt of every person so
assessed. If a person fails to pay the 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 1975, 494; A 1993, 1787; 1999, 3728 )
1. Every dealer shall maintain accurate records of all Nevada
alfalfa seed handled, packed, shipped or processed by him.
2. The records must be:
(a) In such form and contain such information as the State Board of
Agriculture may require;
(b) Preserved for 2 years; and
(c) Subject to inspection at any reasonable time at the request of
the State Board of Agriculture or the Department.
(Added to NRS by 1975, 494; A 1993, 1788; 1999, 3728 )
Alfalfa seed growers who ship their alfalfa seed directly to dealers
outside the State of Nevada shall remit assessment fees to and file such
reports as are required with the Department.
(Added to NRS by 1975, 494; A 1993, 1788; 1999, 3729 )
Any person who violates any of the
provisions of NRS 587.131 to 587.181
, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1975, 494)
STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS
As used in NRS
587.290 to 587.450 , inclusive, unless the context otherwise
requires, “agricultural products” includes horticultural, viticultural,
dairy, bee and farm products.
[Part 1:225:1931; 1931 NCL § 451]—(NRS A 1997, 2101; 1999, 520
, 542 )
The State
Quarantine Officer is designated as the authority to administer NRS
587.290 to 587.450 , inclusive.
[Part 1:225:1931; 1931 NCL § 451]
1. The State Quarantine Officer may designate any competent
employee or agent of the Department to inspect or classify agricultural
products in accordance with such regulations as he may prescribe at such
places as the volume of business may be found to warrant the furnishing
of the inspection service, at the request of persons having an interest
in those products, and to ascertain and to certify to those persons the
grade, classification, quality or condition thereof, and such other
pertinent facts as the State Quarantine Officer may require.
2. The State Quarantine Officer may fix, assess and collect, or
cause to be collected, fees for those services if they are performed by
employees or agents of the department.
[Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1961, 574; 1993, 1788;
1999, 3729 )
1. The board of county commissioners of any county may employ one
or more inspectors to assist in carrying out the provisions of NRS
587.290 to 587.450 , inclusive, upon a salary or on a per diem
basis, for such a period as the board and the State Quarantine Officer
deem necessary, but no inspector may be so employed who is not licensed
by the State Quarantine Officer, who shall direct all of the inspector’s
official activities.
2. Any inspector so employed by any county shall collect all
inspection fees fixed and established by the State Quarantine Officer for
any inspections and certifications performed by him, and promptly forward
the fees to the State Quarantine Officer. The State Quarantine Officer
shall forward any portion of the fees due any federal agency to that
agency. Ten percent of the inspection fees collected must be remitted to
the Department for use in the plant industry program, and the balance
must be reimbursed to the counties where the fees were collected.
[Part 9:225:1931; A 1949, 87; 1943 NCL § 451.08]—(NRS A 1957, 187;
1961, 575; 1977, 233; 1993, 1788; 1999, 3729 )
[Effective until the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Upon satisfactory evidence of competency, submission of the
statement required pursuant to NRS 587.382 and the payment of a reasonable fee for a
license, the State Quarantine Officer may license a person to inspect or
classify agricultural products in accordance with such regulations as he
may prescribe at such places as the volume of business may be found to
warrant the furnishing of such inspection service, at the request of
persons having an interest in such products, and to ascertain and to
certify to such persons the grade, classification, quality or condition
thereof, and such other pertinent facts as the State Quarantine Officer
may require.
2. Licensed inspectors may charge and collect as compensation for
such services only such fees as may be approved by the State Quarantine
Officer.
3. Except as otherwise required in subsection 4, the State
Quarantine Officer may suspend or revoke any license if, after an
opportunity for hearing has been afforded the licensee, the State
Quarantine Officer determines that the licensee is incompetent or has
knowingly or carelessly failed to certify correctly the grade,
classification, quality or condition of any agricultural product, or has
violated any provisions of NRS 587.290
to 587.450 , inclusive, or of the
regulations adopted pursuant thereto.
4. Pending investigation, the State Quarantine Officer may suspend
a license temporarily without a hearing.
[Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1997, 2101)
[Effective on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Upon satisfactory evidence of competency and the payment of a
reasonable fee therefor, the State Quarantine Officer is authorized to
license a person to inspect or classify agricultural products in
accordance with such regulations as he may prescribe at such places as
the volume of business may be found to warrant the furnishing of such
inspection service, at the request of persons having an interest in such
products, and to ascertain and to certify to such persons the grade,
classification, quality or condition thereof, and such other pertinent
facts as the State Quarantine Officer may require.
2. Licensed inspectors may charge and collect as compensation for
such services only such fees as may be approved by the State Quarantine
Officer.
3. The State Quarantine Officer may suspend or revoke any license
whenever, after an opportunity for hearing has been afforded the
licensee, the State Quarantine Officer shall determine that such licensee
is incompetent or has knowingly or carelessly failed to certify correctly
the grade, classification, quality or condition of any agricultural
product, or has violated any provisions of NRS 587.290 to 587.450 ,
inclusive, or of the regulations made thereunder.
4. Pending investigation, the State Quarantine Officer may suspend
a license temporarily without a hearing.
[Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1997, 2101, effective
on the date of the repeal of the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a license to
inspect or classify agricultural products shall submit to the State
Quarantine Officer the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The State Quarantine Officer shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the State Quarantine Officer.
3. A license to inspect or classify agricultural products may not
be issued or renewed by the State Quarantine Officer if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the State Quarantine
Officer shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2100)
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the State Quarantine Officer receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is
the holder of a license to inspect or classify agricultural products, the
State Quarantine Officer shall deem the license issued to that person to
be suspended at the end of the 30th day after the date on which the court
order was issued unless the State Quarantine Officer receives a letter
issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The State Quarantine Officer shall reinstate a license to
inspect or classify agricultural products that has been suspended by a
district court pursuant to NRS 425.540
if the State Quarantine Officer receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended
stating that the person whose license was suspended has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS
425.560 .
(Added to NRS by 1997, 2101)
[Expires by limitation on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.] An application for the issuance of a license to
inspect or classify agricultural products must include the social
security number of the applicant.
(Added to NRS by 1997, 2101)
In order to promote, protect, further and
develop the agricultural interests of this state, the State Quarantine
Officer is hereby authorized and empowered, after investigation and
public hearing:
1. To fix and promulgate:
(a) Official standards for grading and classifying any or all
agricultural products offered for sale in this state; and
(b) Official standards for containers of farm products.
2. To change any of them from time to time.
[2:225:1931; A 1949, 87; 1943 NCL § 451.01]
1. In promulgating the standards or any alterations or
modification of such standards, the State Quarantine Officer shall
specify the date or dates when the same shall become effective and shall
give public notice not less than 30 days in advance of such date or dates
by such means as he deems proper.
2. The State Quarantine Officer is authorized and empowered to
employ reasonable methods for diffusing information concerning the
standard that may be fixed by him for any agricultural product or
container.
[3:225:1931; 1931 NCL § 451.02]
1. The State Quarantine Officer is authorized to fix and
promulgate as the official standard for this state for any agricultural
product or container the standard for such product or container which may
have been promulgated or announced therefor under the authority of the
Congress of the United States.
2. In carrying out the provisions of NRS 587.290 to 587.450 ,
inclusive, the State Quarantine Officer is authorized to cooperate with
the United States or any department thereof in accomplishing the matters
and things provided for therein.
[4:225:1931; 1931 NCL § 451.03]
1. Whenever any quantity of any agricultural product shall have
been inspected under NRS 587.290 to
587.450 , inclusive, and a question
arises as to whether the certificate issued therefor shows the true
grade, classification, quality or conditions of such product, any
interested person, subject to such regulations as the State Quarantine
Officer may prescribe, may appeal the question to him and he is
authorized to cause such investigation to be made and such tests to be
applied as he may deem necessary and to determine and issue a finding of
the true grade or classification of the product or of the quality or
condition thereof.
2. Whenever an appeal shall be taken to the State Quarantine
Officer under NRS 587.290 to 587.450
, inclusive, he shall charge, assess and
collect, or cause to be collected, a reasonable fee, to be fixed by him,
which shall be refunded if the appeal is sustained.
[6:225:1931; 1931 NCL § 451.05]
A certificate
when not superseded by a finding on appeal, or a finding on appeal of the
grade, classification, quality or condition of any agricultural product
issued under NRS 587.290 to 587.450
, inclusive, and all certificates issued
under authority of the Congress of the United States relating to the
grade, classification, quality or condition of agricultural products,
shall be accepted in any court of this state as prima facie evidence of
the true grade, classification, condition or quality of such agricultural
product at the time of its inspection.
[7:225:1931; 1931 NCL § 451.06]
Any employee or agent
employed under NRS 587.290 to 587.450
, inclusive, or any inspector licensed
thereunder, who shall knowingly inspect, grade or classify improperly any
agricultural product or shall knowingly give any incorrect certificate of
grade, classification, quality or condition or shall accept money or
other consideration directly or indirectly for any incorrect or improper
performance of duty, and any person who shall improperly influence or
attempt to improperly influence any such agent, employee or licensed
inspector in the performance of his duty, shall be guilty of a
misdemeanor.
[10:225:1931; 1931 NCL § 451.09]—(NRS A 1961, 575)
1. If any quantity of any agricultural product shall have been
inspected and a certificate issued under NRS 587.290 to 587.450 ,
inclusive, showing the grade, classification, quality or condition
thereof, no person shall represent that the grade, classification,
quality or condition of such product at the time and place of such
inspection was other than as shown by such certificate.
2. Whenever any standard for a container for an agricultural
product becomes effective under NRS 587.290 to 587.450 ,
inclusive, no person thereafter shall pack for sale, offer for sale,
consign for sale, or sell and deliver, in a container, any such
agricultural product to which the standard is applicable unless the
container conforms to the standard, subject to such variations therefrom
as may be allowed, in the regulations made under NRS 587.290 to 587.450 ,
inclusive, or unless such product is brought from outside the State and
offered for sale, consigned for sale or sold in the original package, but
no agricultural product shall be offered for sale which bears a label
containing any superlative word or words designating a superior or higher
quality unless the product shall conform to the highest grade
specification adopted under the provisions of NRS 587.410 .
3. Any person violating this section shall be guilty of a
misdemeanor.
[11:225:1931; 1931 NCL § 451.10]—(NRS A 1957, 187; 1961, 575)
FRUITS, NUTS AND VEGETABLES
As used in NRS 587.460 to 587.660 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 587.470 to 587.530
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1971, 1042; A 1993, 1788; 1999, 3729 )
“Bulk lot” or
“bulk load” of any fresh or dried fruit, nut or vegetable means any one
group of specimens of such product which is not in a container and which
is set apart or separate from any other group.
(Added to NRS by 1971, 1042)
“Deceptive arrangement” or “deceptive display” of fresh or
dried fruits, nuts or vegetables means any bulk lot or load, arrangement
or display of such products which has in the exposed surface fresh or
dried fruits, nuts or vegetables which are so superior in quality, size,
condition or in any other respect so superior to those which are
concealed or the unexposed portion as to materially misrepresent any part
of the bulk lot or load.
(Added to NRS by 1971, 1042)
“Deceptive pack” means any
container or subcontainer which has in the outer layer or any exposed
surface fruits, nuts or vegetables which are in quality, size, condition
or in any other respect so superior to those in the interior of the
container or subcontainer or in the unexposed portion as to materially
misrepresent the contents. Such pack is deceptive if the outer or exposed
surface is composed of products whose size is not an accurate
representation of the variation of size of the products in the entire
container even though the fruits, nuts or vegetables in the container are
virtually uniform in size.
(Added to NRS by 1971, 1042)
“Mature,” except when otherwise
specifically defined, means having reached that stage of ripeness which
will ensure the completion of the ripening process to a degree which will
ensure palatability after the removal of the product from the tree, plant
or vine.
(Added to NRS by 1971, 1042)
“Mislabel” means the placing or
presence of any false or misleading statement, design or device upon any
of the following: Any container, the label or lining of any container,
the wrapper of any fresh or dried fruit, nut or vegetable, any placard
which is used in connection with and which has reference to any fresh or
dried fruits, nuts or vegetables. A statement, design or device is false
or misleading if the fresh or dried fruit, nut or vegetable or container
to which it apparently or actually refers does not conform in every
respect to such statements, design or device.
(Added to NRS by 1971, 1043)
“Overripe” means having reached
an advance stage of maturity which causes the product to be undesirable
for human consumption in a fresh state.
(Added to NRS by 1971, 1043)
“Transport” does not include the
owners of vehicles employed in for-hire transportation.
(Added to NRS by 1971, 1043)
The Director and the
deputies and inspectors under his supervision and control shall enforce
the provisions of NRS 587.460 to
587.660 , inclusive.
(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3729 )
The Director may adopt
regulations:
1. Prescribing methods of selecting samples of lots or containers
of fruits, nuts and vegetables on a basis of size or other specific
classification which are reasonably calculated to produce by that
sampling fair representations of the entire lots or containers which are
sampled.
2. Establishing and issuing official color charts which depict the
color standards and requirements which may be established by NRS 587.460
to 587.660 , inclusive.
3. Which are necessary to secure uniformity in the enforcement of
the provisions of NRS 587.460 to
587.660 , inclusive.
(Added to NRS by 1971, 1043; A 1981, 92; 1993, 1789; 1999, 3730
)
The
Director may cooperate financially or otherwise with any county in
accordance with the provisions of NRS 244.327 and 561.245
in the enforcement of the provisions of NRS 587.460 to 587.660 ,
inclusive.
(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730 )
1. All potatoes sold or offered for sale for human consumption
within this state must meet the U.S. No. 2 grade requirements or better,
as adopted by the United States Department of Agriculture and by the
Department pursuant to the provisions of NRS 587.390 .
2. All containers of potatoes if full must bear upon them in plain
sight and plain letters the name of the person who authorized the packing
of the potatoes or the name under which the packer is engaged in
business, together with a sufficiently explicit address to permit the
ready location of the packer.
3. All containers of potatoes sold must be marked with one of the
grade markings for potatoes established by the United States Department
of Agriculture and the Department, except that open containers are not
required to be marked with one of the grade markings if they are part of
an open display of potatoes which is marked with one of the grade
markings. The potatoes in those containers must meet the grade marked on
the open display.
(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730 )
1. All onions sold or offered for sale for human consumption
within this state must meet the U.S. No. 2 grade requirements, or better,
as adopted by the United States Department of Agriculture and the
Department pursuant to the provisions of NRS 587.390 .
2. All containers of onions if full must bear upon them in plain
sight and plain letters the name of the person who authorized the packing
of the onions or the name under which the packer is engaged in business,
together with a sufficiently explicit address to permit the ready
location of the packer.
3. All containers of onions sold must be marked with one of the
grade markings for onions established by the United States Department of
Agriculture and the Department, except that open containers are not
required to be marked with one of the grade markings if they are part of
an open display of onions which is marked with one of the grade markings.
The onions in those containers must meet the grade marked on the open
display.
(Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730 )
It is
unlawful for any person to prepare, pack, place, deliver for shipment,
deliver for sale, load, ship, transport, cause to be transported or sell
any fruits, nuts or vegetables in bulk or in any container or
subcontainer unless such fruits, nuts and vegetables and their containers
conform to the provisions of NRS 587.460 to 587.660 ,
inclusive.
(Added to NRS by 1971, 1044)
It is
unlawful for any person to prepare, pack, place, deliver for shipment,
load, ship, transport or sell a deceptive pack, bulk lot, bulk load,
load, arrangement or display of fresh or dried fruits, nuts or vegetables.
(Added to NRS by 1971, 1044)
It is unlawful for any person to mislabel any
fruit, nut or vegetable, or place or have any false or misleading
statement or designation of quality, grade, trademark or trade name on
any wrapper, container, label or lining of any container of any fresh or
dried fruit, nut, vegetable, or on any placard which is used in
connection with or which has reference to any fresh or dried fruit, nut,
vegetable or container, bulk lot, bulk load, load, arrangement or display
of fresh or dried fruits, nuts or vegetables.
(Added to NRS by 1971, 1044)
It is
unlawful for any person to remove or dispose of any fruits, nuts,
vegetables or their containers to which any hold order or notice has been
affixed or to remove such hold order or notice from the place where it is
affixed except under a written permit to do so from an enforcing officer
or under his specific direction.
(Added to NRS by 1971, 1044)
1. Except as otherwise provided in this chapter, it is unlawful
for any person to pack any fruits, nuts or vegetables in layers in any
container which has straight sides unless there is approximately the same
numerical count in each layer.
2. All packed fruits, nuts or vegetables shall be so packed that
they will not move in the container. Fruits or vegetables which, after
having been in storage or after having been shipped, fail to meet this
requirement due to unavoidable natural shrinkage which occurs after
packing do not violate the provisions of this section.
(Added to NRS by 1971, 1044)
It is unlawful
for any person to refuse to submit any container, subcontainer, load or
display of fruits, nuts or vegetables to the inspection of any enforcing
officer or to refuse to stop any vehicle which contains any fruits, nuts
or vegetables for the purpose of inspection by an enforcing officer.
(Added to NRS by 1971, 1044)
It is unlawful for any person to prepare, pack, place,
deliver for shipment, deliver for sale, load, ship, transport or sell in
the State of Nevada any nuts, fresh fruits or vegetables in bulk or in
any container or subcontainer unless 90 percent by weight or more of such
fruits, nuts or vegetables in bulk or in any container or subcontainer as
established by the inspection of a representative sample which are free
from insect injury which has penetrated or damaged the edible portion,
worms, internal breakdown, mold or decay. In addition, not more than 5
percent tolerance shall be allowed for any one defect.
(Added to NRS by 1971, 1044)
The provisions of NRS
587.590 to 587.650 , inclusive, apply only to those fruits, nuts
or vegetables for which specific quality standards are not otherwise
established by this chapter or by regulations adopted by the Director.
All nuts, fruits and vegetables if offered for sale must be mature but
not overripe.
(Added to NRS by 1971, 1045; A 1993, 1790; 1999, 3731 )
COMMERCIAL FEED FOR LIVESTOCK
As used in this section and NRS 587.680
and 587.690 :
1. “Commercial feed” means all materials except seed, whole or
processed, which are distributed for use as feed or for mixing in feed
intended for livestock except that the Director by regulation may exempt
from this definition or from specific provisions of NRS 587.680 and 587.690
commodities including hay, straw, stover, silage, cobs, husk, hull and
individual chemical compounds and substances if those commodities,
compounds or substances are not intermixed or mixed with other materials.
2. “Contract feeder” means a person who as an independent
contractor feeds commercial feed to animals pursuant to a contract
whereby the commercial feed is supplied, furnished or otherwise provided
to the person and whereby his remuneration is determined in whole or in
part by feed consumption, mortality, profits or the amount or quality of
the product.
3. “Customer-formula feed” means commercial feed which consists of
a mixture of commercial feeds or feed ingredients, each batch of which is
manufactured according to the specific instructions of the final
purchaser.
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 rabbits of the genus oryctolagus.
(g) All sheep or animals of the ovine species.
(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731 )
The Director may
adopt such rules and regulations for commercial feed for livestock as are
necessary for the efficient enforcement of the provisions of NRS 587.690
. Regulations must include, but are not
limited to:
1. Methods of labeling;
2. Descriptions or statements of the ingredients or the effects
thereof;
3. Directions for use for all feed containing drugs; and
4. Warning or caution statements necessary for the safe and
effective use of the commercial feed.
(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731 )
1. It is unlawful to sell, offer to sell or distribute in this
state any commercial feed for livestock unless each container in which it
is marketed bears a descriptive label or tag stating:
(a) The net weight of the commercial feed;
(b) The commonly recognized or official name of each ingredient
used in its manufacture; and
(c) The guaranteed analysis of crude protein, crude fat, crude
fiber and, except as otherwise provided in subsection 2, of minerals and
vitamins.
2. Minerals need not be guaranteed if mineral elements are less
than 6 1/2 percent and no claim is made on the label. Vitamins need not
be guaranteed if the commercial feed is neither formulated nor
represented in any manner as a vitamin supplement.
3. Each delivery of commercial feed for livestock in bulk shall be
accompanied by an invoice or delivery slip containing the information
required by subsection 1, except that in the case of repeated bulk
deliveries of the same ingredients, only the first invoice or delivery
slip is required to contain this information.
4. This section does not apply to customer-formula feeds or to
contract feeders.
(Added to NRS by 1973, 1133)
CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANIC AGRICULTURAL PRODUCTS
As used in NRS 587.700 to 587.830 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 587.715 to 587.780
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1997, 1634; A 1999, 3732 ; 2003, 399 )
“Agricultural
product” has the meaning ascribed to it in 7 U.S.C. § 6502, as that
section existed on July 1, 2003.
(Added to NRS by 2003, 399 )
“Federal Act” means the
Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501 et seq., as
amended.
(Added to NRS by 1997, 1634)
“Handler” has the meaning ascribed
to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.
(Added to NRS by 1997, 1634; A 2003, 399 )
“Producer” has the meaning
ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1,
2003.
(Added to NRS by 1997, 1634; A 2003, 399 )
1. The Director may establish a program for the certification of
producers and handlers of organic agricultural products.
2. If such a program is established, the Governor and the Director
shall submit the program to the Secretary of Agriculture for approval
pursuant to the Federal Act.
(Added to NRS by 1997, 1634; A 1999, 3732 ; 2003, 399 )
1. An Advisory Council for Organic Agricultural Products is hereby
created in the Department. The Advisory Council consists of:
(a) Four members who are producers or handlers of organic
agricultural products;
(b) One member who is a purchaser, consumer, or wholesale or retail
seller of organic agricultural products; and
(c) One member who represents an agricultural interest other than
organic agricultural products.
2. The Director shall nominate members for the Advisory Council,
and the State Board of Agriculture shall appoint the members.
3. The Advisory Council may:
(a) Advise the Director and the State Board of Agriculture
concerning the provision of information and educational services to the
public and to producers and handlers of organic agricultural products
concerning the program for the certification of producers and handlers of
organic agricultural products established by the Director pursuant to NRS
587.800 , if such a program is
established; and
(b) Provide information and educational services to the public and
to producers and handlers of organic agricultural products.
(Added to NRS by 1997, 1635; A 1999, 3732 ; 2003, 399 )
1. The State Board of Agriculture shall appoint three of the first
members of the Advisory Council for Organic Agricultural Products for
terms of 2 years and three for terms of 3 years. After the expiration of
the initial term, the term of office of each member is 3 years. A vacancy
must be filled, for the unexpired term, by appointment of a member whose
qualifications are the same as those of the member replaced. The Advisory
Council shall elect a Chairman and Vice Chairman from among its members.
The Director shall provide appropriate secretarial support and a place
for the meetings of the Advisory Council.
2. The Advisory Council shall meet at least annually, upon the
call of the Director or the Chairman. A majority of the members appointed
to the Advisory Council constitutes a quorum.
3. For each day or portion of a day necessarily spent on the
business of the Advisory Council, each member is entitled to receive:
(a) Compensation, to be fixed by regulation of the State Board of
Agriculture, which must not exceed $80 per day; and
(b) The per diem allowance and travel expenses provided for state
officers and employees generally.
(Added to NRS by 1997, 1635; A 1999, 3732 ; 2003, 400 )
If the Director establishes a program for
the certification of producers and handlers of organic agricultural
products pursuant to NRS 587.800 , the
State Board of Agriculture shall adopt appropriate regulations:
1. For the administration of the program, including, without
limitation:
(a) Standards for the analysis and inspection of organic
agricultural products;
(b) Records required of producers and handlers of organic
agricultural products;
(c) Standards for the certification of producers and handlers of
organic agricultural products;
(d) Requirements for the use of a seal of approval for organic
agricultural products produced in this state; and
(e) A schedule of fees for initial certification and for continued
certification as a producer or handler of organic agricultural products.
2. As necessary for the enforcement of the program, including,
without limitation:
(a) Standards for the registration of producers and handlers of
organic agricultural products; and
(b) A schedule of fees for initial registration and for continued
registration of producers and handlers of organic agricultural products.
(Added to NRS by 1997, 1635; A 2003, 400 )
