NAC 554.805  Establishment of quarantine; areas under quarantine. (NRS 554.110)

 

     1.  A quarantine is hereby established against Africanized honeybees (Apis mellifera scutellata).

 

     2.  The following areas are under the quarantine:

 

     (a) Any area within the boundaries of Clark County, Nevada;

 

     (b) Any portion of Nye County, Nevada, that lies south of 37o north latitude; and

 

     (c) Any portion of Lincoln County, Nevada, that lies south of 38o north latitude.

 

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002; R044-03, 9-24-2003)

 

      NAC 554.811  Restricted commodities. (NRS 554.110)  The following commodities are designated as restricted:

 

     1.  Any colony of honeybees that is owned or managed by a person; and

 

     2.  Any queen or other honeybee obtained from a colony specified in subsection 1.

 

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

 

      NAC 554.815  Certification by Department required for movement, sale or distribution of restricted commodity from area under quarantine. (NRS 554.110)  A person shall not:

 

     1.  Ship, transport or otherwise move a commodity that is restricted pursuant to NAC 554.811 to a destination that is located outside of an area specified in NAC 554.805 unless, within 30 days before the commodity is transported, shipped or moved, the Department certifies that the commodity is not an Africanized honeybee or does not contain any Africanized honeybees; or

 

     2.  Produce for sale or distribution any queen or other honeybee specified in NAC 554.811 unless the Department, at least twice during the year in which the queen or honeybee is produced for sale or distribution, certifies that the colony that is used to produce the queen or honeybee does not contain any Africanized honeybees.

 

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

 

      NAC 554.821  Violations. (NRS 554.110)  If the Department determines that a colony specified in NAC 554.811 contains Africanized honeybees, the Department shall, within 10 days after making that determination, notify the owner or manager of the colony of that fact in writing. Within 30 days after receiving the notice, the owner or manager shall:

 

     1.  Destroy the colony in a manner specified by the Department; or

 

     2.  Provide the colony with a queen that is not an Africanized honeybee.

 

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

 

      NAC 554.825  Disposition of restricted commodity that is moved to destination outside of area of quarantine. (NRS 554.110)  If any commodity that is restricted pursuant to NAC 554.811 is shipped, transported or otherwise moved to a destination in this State that is located outside an area specified in NAC 554.805 in violation of NAC 554.805 to 554.825, inclusive, the commodity must be immediately returned to the area or destroyed in a manner specified by the Department.

 

     (Added to NAC by St. Quarantine Officer by R035-01, eff. 1-17-2002)

 

NRS 585.355  Use of “honey” in product label or designation restricted; “honey” defined.  A person shall not prepare, package, deliver for shipment, ship, transport or sell:

      1.  Any food product which is labeled or designated by the term “honey” alone if such food product consists partly or entirely of ingredients other than honey.

      2.  Any food product, except a honeydew melon, designated by any combination of words which include the word “honey” in the label or brand name unless such food product contains honey as an ingredient and the other ingredients are disclosed.

Ê As used in this section, “honey” means the natural product of honeybees, drawn from the nectar of flowers, transformed by the bees and stored in a honeycomb and later marketed in the honeycomb or taken from it and marketed in a liquid, candied or granulated condition.

      (Added to NRS by 1975, 813)

NRS 552.085           Definitions.

NRS 552.0851         “Apiary” defined.

NRS 552.0852         “Appliance” defined.

NRS 552.0853         “Bees” defined.

NRS 552.0854         “Colony” defined.

NRS 552.0855         “Colony strength” defined.

NRS 552.08555       “Department” defined.

NRS 552.08575       “Director” defined.

NRS 552.0858         “Disease” defined.

NRS 552.086           “Hive” defined.

NRS 552.0861         “Inspector” defined.

NRS 552.0862         “Location” defined.

NRS 552.090           Control of apiary industry: Authority of Department; adoption of regulations; imposition and deposit of civil penalties.

NRS 552.160           Inspection of apiaries; order for destruction or treatment; quarantine; abatement of certain nuisances.

NRS 552.170           Prosecution and abatement of nuisance on failure to comply with order for destruction or treatment.

NRS 552.180           Right of access of inspectors.

NRS 552.190           Duties of inspectors after inspections.

NRS 552.205           Colony strength: Establishment of standards; inspectors; certification; fees.

NRS 552.212           Importation of queens or other bees in screened cages without comb: Certificate of inspection; holding and destruction of bees.

NRS 552.215           Fees for inspections.

NRS 552.230           Bees to be kept in movable frame hives.

NRS 552.240           Concealment of disease or exposure of bees to disease unlawful.

NRS 552.250           Regulation of neglected or abandoned used hives or appliances.

NRS 552.255           Public nuisances: Declaration; abatement.

NRS 552.260           Extraction of honey.

NRS 552.280           Removal of diseased bees without permit unlawful.

NRS 552.290           Chapter supplemental to state law governing quarantines.

NRS 552.300           Prosecution of violations.

NRS 552.310           Penalty.

_________

_________

      NRS 552.085  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 552.0851 to 552.0862, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1959, 252, 253; A 1977, 911; 1985, 524; 1987, 564; 1993, 1704; 1999, 1387, 3635; 2001, 89)

      NRS 552.0851  “Apiary” defined.  “Apiary” means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.

      (Added to NRS by 1987, 564)

      NRS 552.0852  “Appliance” defined.  “Appliance” means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.

      (Added to NRS by 1987, 564)

      NRS 552.0853  “Bees” defined.  “Bees” means honey-producing insects of the genus Apis, and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.

      (Added to NRS by 1987, 564)

      NRS 552.0854  “Colony” defined.  “Colony” means the bees, comb and honey contained in the hive.

      (Added to NRS by 1987, 564)

      NRS 552.0855  “Colony strength” defined.  “Colony strength” means the potential of a hive of bees to pollinize horticultural or agricultural crops.

      (Added to NRS by 1987, 564)

      NRS 552.08555  “Department” defined.  “Department” means the State Department of Agriculture.

      (Added to NRS by 1999, 3634)

      NRS 552.08575  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1999, 3634)

      NRS 552.0858  “Disease” defined.  “Disease” means any condition adversely affecting bees, or their brood, which may become epidemic, including, without limitation, bacteria, viruses or invertebrate pests and the presence of undesirable genetic characteristics including those associated with Apis mellifera scutellata or hybrids of this subspecies.

      (Added to NRS by 1987, 564; A 1999, 1387)

      NRS 552.086  “Hive” defined.  “Hive” means any receptacle or container made or prepared for the use of bees.

      (Added to NRS by 1987, 564)

      NRS 552.0861  “Inspector” defined.  “Inspector” means any person authorized by the Department to enforce the provisions of this chapter.

      (Added to NRS by 1987, 564; A 1993, 1704; 1999, 3635)

      NRS 552.0862  “Location” defined.  “Location” means any place where an apiary is located.

      (Added to NRS by 1987, 564)

      NRS 552.090  Control of apiary industry: Authority of Department; adoption of regulations; imposition and deposit of civil penalties.

      1.  The Department has control of all matters pertaining to the apiary industry.

      2.  The Director may adopt such regulations as are necessary to carry out the provisions of this chapter.

      3.  The Director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.

      4.  Any civil penalty collected pursuant to this section must be deposited in the State General Fund.

      [Part 3:225:1921; NCL § 462]—(NRS A 1959, 253; 1961, 513; 1987, 565; 1993, 1704; 1999, 3635)

      NRS 552.160  Inspection of apiaries; order for destruction or treatment; quarantine; abatement of certain nuisances.

      1.  The Department may order the inspection of any or all apiaries and all buildings used in connection with those apiaries in any district or districts of the State annually, or more often if deemed necessary, or upon report to it that there is a reason to believe that any apiary may be infected with any disease, or that any honey, honeycombs or beeswax is exposed to robber bees.

      2.  If the inspection discloses any disease, the Department may:

      (a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances in a manner prescribed by the Department and at the expense of the owner;

      (b) Order the owner or any person in possession of the apiary to treat the hives and appliances in a manner prescribed by the Department and at the expense of the owner if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction; or

      (c) Proclaim a quarantine in accordance with the provisions of chapter 554 of NRS.

      3.  The order for destruction or treatment must require compliance within a reasonable time with reference to the nature of the disease.

      4.  If the inspection discloses honey, honeycombs or beeswax exposed to robber bees, the Department may order the abatement of the nuisance in a manner appropriate to the circumstances.

      5.  The order must be served upon the owner or person in possession of the apiary personally or by registered or certified mail, or, if that person cannot be located, by posting the order in a conspicuous place at the apiary.

      [11:225:1921; NCL § 470]—(NRS A 1959, 255; 1969, 95; 1987, 566; 1993, 1705; 1999, 1387, 3635; 2001, 89)

      NRS 552.170  Prosecution and abatement of nuisance on failure to comply with order for destruction or treatment.  If the owner or person in possession of an apiary neglects or refuses to comply with an order issued under NRS 552.160, the Department may refer the facts to the appropriate district attorney for prosecution under NRS 552.300, and may authorize the inspector or other agent to abate the nuisance by the method prescribed in the order.

      [12:225:1921; NCL § 471]—(NRS A 1959, 256; 1993, 1706; 1999, 3636)

      NRS 552.180  Right of access of inspectors.  For the enforcement of the provisions of this chapter, inspectors shall have access to all apiaries, appliances, structures and premises where bees or their products are kept.

      [Part 13:225:1921; NCL § 472]—(NRS A 1961, 514)

      NRS 552.190  Duties of inspectors after inspections.  After inspecting infected hives or fixtures, or handling diseased bees, the inspector shall, before leaving the premises or proceeding to any other apiary:

      1.  Thoroughly disinfect any portion of his or her own person and clothing, and any tools or appliances used by him or her which have come in contact with disease-infected material; and

      2.  See that any other assistant or assistants with the inspector have likewise disinfected their persons and clothing and all tools and appliances used by them.

      [Part 13:225:1921; NCL § 472]—(NRS A 1961, 514)

      NRS 552.205  Colony strength: Establishment of standards; inspectors; certification; fees.  The Department may, if the demand for pollination service is found by the Department to warrant such action:

      1.  Establish standards of colony strength based upon:

      (a) The number of bees per hive;

      (b) The number of cells containing brood per hive;

      (c) The health of the bees and brood; and

      (d) Any other factors which reasonably relate to the ability of the colony to pollinize horticultural and agricultural crops.

      2.  Appoint qualified inspectors to determine colony strength.

      3.  Certify hives of bees used in commercial pollinization on the basis of colony strength.

      4.  Establish reasonable fees to cover the cost of colony strength inspection and certification.

      (Added to NRS by 1959, 253; A 1993, 1706; 1999, 3637)

      NRS 552.212  Importation of queens or other bees in screened cages without comb: Certificate of inspection; holding and destruction of bees.

      1.  A person shall not ship or transport into this State any queens or other bees in screened cages without comb unless the shipment is accompanied by a certificate of an authorized officer of the state of origin certifying that all bees intended for shipment:

      (a) Were inspected within 60 days before the date of shipment; and

      (b) Were found to be free from disease and pests.

      2.  The Department may hold a shipment which is not accompanied by the certificate of inspection and notify the person who owns or controls the bees that they will be destroyed after 48 hours after the time of the notice unless a proper certificate of inspection is supplied. If the certificate is not supplied within that time, the bees may be destroyed.

      (Added to NRS by 1981, 437; A 1985, 346; 1987, 569; 1993, 1708; 1999, 1388, 3639; 2001, 89)

      NRS 552.215  Fees for inspections.  If an inspection is requested by any person to determine the presence of disease or colony strength, the person who requests the inspection shall pay a reasonable fee as prescribed by the Department to pay the expenses of the inspection.

      (Added to NRS by 1959, 253; A 1973, 284; 1993, 1709; 1999, 1388, 3639; 2001, 89)

      NRS 552.230  Bees to be kept in movable frame hives.

      1.  It shall be unlawful for any person to have in the person’s possession any bees kept in other than movable frame hives.

      2.  If any such bees are found by an inspector, the inspector shall serve written notice in person or by registered or certified mail on the owner or owners, caretaker, or person in charge of the same, ordering the owner or owners, caretaker or person in charge to correct the condition within a specified time of not less than 3 days.

      3.  If the owner or owners, caretaker, or person in charge shall neglect, fail or refuse to correct the condition by providing accessible movable frame hives within the time specified in the written notice, the bees, hives and combs shall be condemned and destroyed by the inspector, without compensation.

      [Part 17:225:1921; A 1955, 349]—(NRS A 1969, 95)

      NRS 552.240  Concealment of disease or exposure of bees to disease unlawful.  It shall be unlawful for any person to conceal the fact that any disease exists among the person’s bees or to expose to bees any infected bees, bee products, hives or appliances.

      [Part 17:225:1921; A 1955, 349]

      NRS 552.250  Regulation of neglected or abandoned used hives or appliances.  Neglected or abandoned used hives or appliances containing beeswax or bee comb, unless kept in an enclosure so constructed as to prevent access by bees, are hereby declared to be public nuisances, and it shall be unlawful to maintain them. Any such neglected or abandoned hives or appliances shall be subject to seizure and destruction by an inspector, without compensation.

      [Part 17:225:1921; A 1955, 349]

      NRS 552.255  Public nuisances: Declaration; abatement.  The following may be declared to be public nuisances and are subject to abatement under the provisions of this chapter:

      1.  Diseased bees and any apiary in which they are found.

      2.  Honey, honeycombs and beeswax containing honey which are exposed to robber bees.

      (Added to NRS by 1959, 253; A 1999, 1388)

      NRS 552.260  Extraction of honey.

      1.  Any and all extracting of honey shall be done in a place to which bees cannot gain access either during or after such extracting process.

      2.  Any inspector shall prohibit or stop the extraction of honey in any place to which bees have access until such place is made bee-tight.

      [Part 17:225:1921; A 1955, 349]

      NRS 552.280  Removal of diseased bees without permit unlawful.  It shall be unlawful for the owner, owners, lessee, lessees, agent or caretaker of any apiary, including appliances, structures, buildings and honey, wherein disease exists, to move or distribute any diseased bees, whether they are queens or workers, colonies, honeycombs, appliances or structures beyond the already established boundaries of such apiary wherein disease exists without written permission from the Chief Inspector or the Chief Inspector’s deputies so to do.

      [19:225:1921; A 1925, 38; NCL § 478]

      NRS 552.290  Chapter supplemental to state law governing quarantines.  Except as provided in this chapter, nothing in this chapter shall be construed as in any way affecting the provisions of chapter 554 of NRS, but this chapter shall be considered as supplementary to chapter 554 of NRS.

      [22:225:1921; NCL § 481]

      NRS 552.300  Prosecution of violations.

      1.  Upon presentation of satisfactory evidence by the State Quarantine Officer, the Chief Inspector or any deputy inspector of the violation of any of the provisions of this chapter, any district attorney shall, without delay, prosecute the person who has violated any of the provisions of this chapter.

      2.  The Department may employ counsel to assist in the prosecution of any person charged with the violation of any of the provisions of this chapter and compensate the counsel so employed from the plant industry program.

      [21:225:1921; NCL § 480]—(NRS A 1959, 258; 1991, 1789; 1993, 1709; 1999, 3639; 2001, 2154)

      NRS 552.310  Penalty.  Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

      [20:225:1921; A 1925, 38; NCL § 479]—(NRS A 1957, 182; 1961, 515)

GENERAL PROVISIONS

NRS 554.010           Definitions.

NRS 554.011           “Agricultural commodity” defined.

NRS 554.012           “Exportation” defined.

NRS 554.013           “Farm” defined.

NRS 554.014           “Importation” defined.

NRS 554.015           “Noxious weed” defined.

NRS 554.016           “Vertebrate pest” defined.

INTERSTATE QUARANTINE

NRS 554.020           State Quarantine Officer’s power to proclaim and enforce quarantine; quarantine effective until vacation order.

NRS 554.030           Permissible provisions; amendments.

NRS 554.040           Certified copies of quarantine to be delivered to certain officers.

NRS 554.050           Administration; cooperation with state and federal officers.

NRS 554.060           Destruction, treatment or shipment out of State of agricultural commodity imported or transported through State in violation of quarantine.

NRS 554.070           Unlawful importation or transportation in violation of quarantine.

NRS 554.080           Criminal proceedings: Proof of disease or exposure to disease.

NRS 554.085           Civil penalties.

NRS 554.090           Criminal penalties.

INTRASTATE QUARANTINE

NRS 554.110           State Quarantine Officer’s power to proclaim and enforce quarantine.

NRS 554.120           Investigation; proclamation; effective until vacated.

NRS 554.130           Certified copies of quarantine to be delivered to certain persons; publication of proclamation.

NRS 554.140           Administration by State Quarantine Officer; enforcement by peace officers.

NRS 554.150           Cooperation with federal authorities.

NRS 554.160           Powers of State Quarantine Officer.

NRS 554.170           Fumigation, disinfection, treatment or destruction of agricultural commodities.

NRS 554.180           Procedure for indemnification for loss by destruction.

NRS 554.190           Costs of fumigation, disinfection or treatment.

NRS 554.200           Appointment of deputy state quarantine officers; attachments against inspected agricultural commodities.

NRS 554.210           Employment of deputy state quarantine officers by counties.

NRS 554.220           Civil liability of carriers transporting quarantined agricultural commodities; limitation of actions.

NRS 554.230           Criminal proceedings: Proof of disease, exposure to disease or infestation.

NRS 554.240           Penalty.

_________

_________

GENERAL PROVISIONS

      NRS 554.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 554.011 to 554.016, inclusive, have the meanings ascribed to them in those sections.

      [Part 2:99:1927; NCL § 427]—(NRS A 1961, 515; 2001, 696)

      NRS 554.011  “Agricultural commodity” defined.  “Agricultural commodity” means any bee, agricultural or horticultural crop, seed, plant, tree or shrub, or any manufactured product thereof, or other product of the soil, or any article except livestock.

      (Added to NRS by 2001, 696)

      NRS 554.012  “Exportation” defined.  “Exportation” means the transportation of any agricultural commodity by any railroad, express company or other common carrier, or by any person as baggage or by vehicle or automobile, or the permitting to run at large of the agricultural commodity.

      (Added to NRS by 2001, 696)

      NRS 554.013  “Farm” defined.  “Farm” includes any farm, stock range, stockyard, dairy, lot and other premises not otherwise enumerated.

      (Added to NRS by 2001, 696)

      NRS 554.014  “Importation” defined.  “Importation” means the transportation or movement of any agricultural commodity into this State by any railroad, express company, truckline or other common carrier, or by any person by vehicle, automobile or otherwise.

      (Added to NRS by 2001, 696)

      NRS 554.015  “Noxious weed” defined.  “Noxious weed” has the meaning ascribed to it in NRS 555.005.

      (Added to NRS by 2001, 696)

      NRS 554.016  “Vertebrate pest” defined.  “Vertebrate pest” has the meaning ascribed to it in NRS 555.005.

      (Added to NRS by 2001, 696)

INTERSTATE QUARANTINE

      NRS 554.020  State Quarantine Officer’s power to proclaim and enforce quarantine; quarantine effective until vacation order.

      1.  The State Quarantine Officer may proclaim and enforce a quarantine against any state, territory or district, or any portion of any state, territory or district, relating to the importation into or transportation through this State of any agricultural commodity, burlap, container or other packing material that:

      (a) Is infected with, or which may have been exposed to infection with, any contagious or destructive disease, or infested with or exposed to infestation with a parasite, noxious weed, weed seed, propagating part of a plant, or vertebrate or invertebrate pest, or the eggs or larvae thereof; and

      (b) Is dangerous to:

             (1) The public health or quality of any water in this State; or

             (2) Any wildlife, beneficial use of land in or industry of this State.

      2.  A quarantine must not be issued pursuant to the provisions of NRS 554.020 to 554.090, inclusive, if the issuance of the quarantine will conflict with the provisions of the Constitution of the United States or any act of the Congress of the United States.

      3.  The quarantine remains effective until vacated by an order of the State Quarantine Officer.

      [1:99:1927; NCL § 426]—(NRS A 1957, 183; 1961, 516; 2001, 696)

      NRS 554.030  Permissible provisions; amendments.

      1.  Any quarantine issued under the provisions of NRS 554.020 to 554.090, inclusive, may:

      (a) Consist of a complete embargo against the importation into or transportation through the State of any agricultural commodity so quarantined against; or

      (b) Provide for the importation into or transportation through the State of such agricultural commodity 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 554.020 to 554.090, inclusive, shall remain fully in force and effect until dissolved or modified by the State Quarantine Officer, provided:

      (a) That the State Quarantine Officer may amend from time to time any quarantine so issued; and

      (b) That any such amendments shall be general in their application and shall not apply to any individual shipment or importation.

      [3:99:1927; NCL § 428]—(NRS A 1961, 516)

      NRS 554.040  Certified copies of quarantine to be delivered to certain officers.  When a quarantine is declared as provided in NRS 554.020 to 554.090, inclusive, against the importation into or transportation through this State of any agricultural commodity from any other state, territory or district, or any portion or portions thereof, a certified copy of such quarantine shall be personally delivered by the State Quarantine Officer or the State Quarantine Officer’s 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.

      [4:99:1927; NCL § 429]—(NRS A 1961, 516)

      NRS 554.050  Administration; cooperation with state and federal officers.

      1.  The State Quarantine Officer is designated the authority to administer NRS 554.020 to 554.090, inclusive.

      2.  Insofar as practicable, the State Quarantine Officer, in carrying out the provisions of NRS 554.020 to 554.090, inclusive, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.

      [5:99:1927; NCL § 430] + [8:99:1927; NCL § 433]—(NRS A 1961, 517)

      NRS 554.060  Destruction, treatment or shipment out of State of agricultural commodity imported or transported through State in violation of quarantine.

      1.  Any agricultural commodity imported into or being transported through this State in violation of any quarantine issued pursuant to the provisions of NRS 554.020 to 554.090, inclusive, must be immediately seized by the State Quarantine Officer or the State Quarantine Officer’s 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 option and expense of the owner thereof.

      2.  If an agricultural commodity is seized by the State Quarantine Officer pursuant to the provisions of subsection 1 and the movement of the agricultural commodity to a point outside of the State would further endanger:

      (a) The public health or quality of any water in this State; or

      (b) Any wildlife, beneficial use of land in or industry of this State,

Ê the agricultural commodity seized by the State Quarantine Officer must be destroyed as provided in subsection 1.

      [Part 6:99:1927; NCL § 431]—(NRS A 1961, 517; 2001, 697)

      NRS 554.070  Unlawful importation or transportation in violation of quarantine.  It shall be unlawful for any railroad, express company or other common carrier, or any person or persons, to import into or transport through the State of Nevada any agricultural commodity in violation of the provisions of NRS 554.020 to 554.090, inclusive, or to make delivery of any such commodity to any person or persons within the limits of this State.

      [Part 6:99:1927; NCL § 431]

      NRS 554.080  Criminal proceedings: Proof of disease or exposure to disease.  In any criminal proceeding arising under NRS 554.020 to 554.090, inclusive, proof that any commodity, prohibited by proclamation of quarantine from importation into or transportation through this State, was imported into or transported through this State in violation of such quarantine shall be deemed proof within the meaning of NRS 554.020 to 554.090, inclusive, that the same was diseased, exposed to disease or infested, or exposed to infestation.

      [Part 2:99:1927; NCL § 427]

      NRS 554.085  Civil penalties.

      1.  In addition to any criminal penalty that may be imposed pursuant to NRS 554.090, any corporation, common carrier, agent or employee of any corporation, or any other person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, is liable for a civil penalty for each violation not to exceed:

      (a) For the first violation, $1,500;

      (b) For the second violation, $3,000; and

      (c) For each subsequent violation, $5,000.

      2.  If a defendant is convicted of violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulation adopted pursuant thereto, the court shall order the defendant to pay a civil penalty pursuant to subsection 1. The court shall fix the manner and time of payment.

      3.  All penalties collected pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 1997, 81; A 2003, 531)

      NRS 554.090  Criminal penalties.  Any corporation, common carrier, agent or employee of any corporation, or any other person violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the State Department of Agriculture may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.

      [7:99:1927; NCL § 432]—(NRS A 1967, 611; 1997, 82; 2013, 989)

INTRASTATE QUARANTINE

      NRS 554.110  State Quarantine Officer’s power to proclaim and enforce quarantine.  The State Quarantine Officer may proclaim and enforce a quarantine against any county or portion of any county, farm, nursery or apiary within this State, relating to the exportation from the county, farm, nursery or apiary to any other portion of the State, of any agricultural commodity that:

      1.  Is infected with, or which may have been exposed to, an infectious, contagious or destructive disease or infested with a parasite, noxious weed, weed seed, propagating part of a plant, or vertebrate or invertebrate pest, or the eggs or larvae thereof; and

      2.  Is dangerous to:

      (a) The public health or quality of any water in this State; or

      (b) Any wildlife, beneficial use of land in or industry of this State.

      [Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A 1961, 517; 2001, 697)

      NRS 554.120  Investigation; proclamation; effective until vacated.

      1.  If it appears to the State Quarantine Officer that:

      (a) The public health or quality of any water in this State; or

      (b) Any wildlife, beneficial use of land in or industry of this State,

Ê is endangered by exportations of any agricultural commodity to any portion of the State from any county, portion of any county, farm, nursery or apiary within the State, the State Quarantine Officer shall immediately take steps to ascertain the facts thereof.

      2.  If in the opinion of the State Quarantine Officer the facts so warrant, the State Quarantine Officer shall by proclamation declare that county, or portion of that county, farm, nursery or apiary quarantined from exportations of any such agricultural commodity to any other portion of the State.

      3.  The quarantine remains effective until vacated by an order of the State Quarantine Officer.

      [Part 2:280:1913; A 1915, 332; 1919 RL p. 2626; NCL § 437]—(NRS A 1961, 518; 2001, 698)

      NRS 554.130  Certified copies of quarantine to be delivered to certain persons; publication of proclamation.

      1.  When quarantine is declared against any county, or portion of any county, farm, nursery or apiary within the state, forbidding exportations therefrom of any commodity, a certified copy of the proclamation shall be mailed by registered mail to each of the following:

      (a) The sheriff.

      (b) The chair of the board of county commissioners.

      (c) The county clerk.

      2.  If a single farm, nursery or apiary is quarantined, a certified copy of the proclamation shall be mailed by registered or certified mail to the owner or resident manager thereof.

      3.  The State Quarantine Officer may, in his or her discretion, as notice to all concerned, cause a copy of such proclamation to be published in some newspaper of general circulation published within the county, once a week for 4 consecutive weeks, unless the quarantine is sooner raised.

      [5:280:1913; 1919 RL p. 2626; NCL § 439]—(NRS A 1961, 518; 1969, 95)

      NRS 554.140  Administration by State Quarantine Officer; enforcement by peace officers.

      1.  The State Quarantine Officer is responsible for carrying out the provisions of NRS 554.110 to 554.240, inclusive.

      2.  The sheriff and all peace officers of any county, if called upon by the State Quarantine Officer, shall aid and assist the State Quarantine Officer in the enforcement of a quarantine and in the arrest of any person accused of violating the quarantine. The district attorney of any county in which any person is charged with a misdemeanor pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall prosecute the misdemeanor.

      [9:280:1913; 1919 RL p. 2628; NCL § 443] + [Part 15:280:1913; added 1915, 332; A 1927, 216; NCL § 445]—(NRS A 1961, 518; 1967, 178; 2001, 698)

      NRS 554.150  Cooperation with federal authorities.  Insofar as practicable, the State Quarantine Officer, in directing the enforcement of quarantine, shall cooperate with federal authorities.

      [Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL § 441]—(NRS A 1961, 518)

      NRS 554.160  Powers of State Quarantine Officer.

      1.  The State Quarantine Officer may:

      (a) Exercise all necessary authority required for the proper and efficient enforcement of a quarantine.

      (b) Make arrests of persons violating a quarantine, or suspected of such a violation.

      (c) Examine any premises or any shipment or consignment suspected of containing a quarantined agricultural commodity within the meaning of NRS 554.110 to 554.240, inclusive, and may open any container thereof and inspect the contents of the container.

      2.  If such a shipment or consignment proves to be a quarantined agricultural commodity, the State Quarantine Officer may require any railroad, express company or other common carrier immediately to reship the consignment back to the point of origin, if the consignment has not yet been delivered to the consignee. The failure or refusal of any railroad company, express company or other common carrier promptly to do so renders the company or carrier so offending liable for a fine of not more than $5,000, which fine may be collected by proceedings instituted by the State and prosecuted by the Attorney General in any court of competent jurisdiction. Any property of the defendant within the State may be levied on and sold in satisfaction of the judgment.

      [Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL § 441]—(NRS A 1961, 518; 1967, 612; 2001, 698)

      NRS 554.170  Fumigation, disinfection, treatment or destruction of agricultural commodities.  If, in the opinion of the State Quarantine Officer, any agricultural commodity forbidden to be exported by any proclamation of a quarantine is endangering:

      1.  The public health or quality of any water in this State; or

      2.  Any wildlife, beneficial use of land in or industry of this State,

Ê the agricultural commodity may be fumigated, disinfected, treated or destroyed by the State Quarantine Officer.

      [Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 519; 2001, 699)

      NRS 554.180  Procedure for indemnification for loss by destruction.

      1.  Any property ordered to be destroyed, if acquired by the owner and the same came into the owner’s possession prior to the date of the proclamation of quarantine, before being destroyed shall be appraised as to its value by two disinterested appraisers, one to be appointed by the owner, or if the owner is absent, by the owner’s agent, manager or foreman, and one by the State Quarantine Officer. If the two so chosen cannot agree, they shall name a third appraiser. If they are unable to agree upon a third appraiser, the State Quarantine Officer may name some disinterested person to name a third appraiser.

      2.  Two of the three persons so named as appraisers agreeing upon the valuation of the property destroyed, the valuation shall be final.

      3.  The valuation so appraised shall be divided into three equal parts, one part of which the owner shall lose. One part shall be paid to the owner by the county wherein the property is situated by order of the board of county commissioners from the county general fund upon receipt of a certified copy of the appraisement. Payment from the county general fund shall be in the same manner as payment of other bills against the county is made. One part shall be paid to the owner by the Department upon receipt of a certified copy of the appraisement attested by the State Quarantine Officer.

      4.  No property destroyed under the provisions of NRS 554.170 and this section, if acquired or the same came into the possession of the owner after the date of the proclamation of quarantine, shall be subject to such part payment by the county or by the Department.

      [Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 519)

      NRS 554.190  Costs of fumigation, disinfection or treatment.

      1.  All costs of fumigation, disinfection or treatment ordered to be performed by the State Quarantine Officer shall be borne by the owner of the agricultural commodity.

      2.  The owner or, in the owner’s absence, the owner’s agent, manager or foreman, shall perform the fumigation, disinfection or treatment promptly and exactly as instructed and not otherwise. The refusal or neglect so to do shall be a misdemeanor.

      3.  In the case of refusal or neglect by the owner, agent, manager or foreman to perform the fumigation, disinfection or treatment as instructed, the State Quarantine Officer or any person deputized by the State Quarantine Officer may enter upon the premises and perform the fumigation, disinfection or treatment. All the costs thereof shall attach as a lien against any property of the owner within the State. On the neglect or refusal of the owner promptly to pay the same on presentation of an itemized bill certified to by the State Quarantine Officer or the State Quarantine Officer’s deputy, the district attorney of the county shall forthwith proceed to levy an attachment against any property of the owner within the State for the amount due plus the costs of legal proceedings, and shall proceed to collect the same by foreclosure proceedings.

      [Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 520; 1967, 612)

      NRS 554.200  Appointment of deputy state quarantine officers; attachments against inspected agricultural commodities.

      1.  Whenever the exportation of any agricultural commodities is restricted by any quarantine proclamation or regulation of the State of Nevada, or of any other state or territory, or of the United States Government or any other authority empowered to issue such quarantine or regulation, the State Quarantine Officer may appoint such properly qualified deputies as may be necessary to inspect such commodities.

      2.  If exportation is not prohibited by law or quarantine regulation, the deputy state quarantine officers may issue certificates permitting the exportation of agricultural commodities.

      3.  If any such inspection is requested by the owner, shipper or person in charge of any such agricultural commodity and discontinued for any reason before its completion, an equitable proportion of the total cost therefor, had the same been completed, shall immediately be payable and collectible as provided in subsection 4.

      4.  On the neglect or refusal of the owner, shipper or person in charge of any inspected agricultural commodity to pay the charges prescribed in this section, on presentation of an itemized bill covering the same, the district attorney of the county shall forthwith proceed to levy an attachment against the agricultural commodity so inspected for the amount due plus the costs of legal proceedings, and shall collect the same by legal proceedings.

      [16:280:1913; added 1923, 177; NCL § 446]—(NRS A 1961, 520)

      NRS 554.210  Employment of deputy state quarantine officers by counties.

      1.  Whenever any county or portion of any county is under quarantine by the State of Nevada, or any other state or territory, or the United States Government, or any other authority empowered to issue such quarantine, the board of county commissioners may employ for such period as the board deems necessary upon a salary basis one or more deputy state quarantine officers provided for in NRS 554.200. No person shall be employed by any county in such a capacity who has not been appointed a deputy state quarantine officer by the State Quarantine Officer. The State Quarantine Officer shall have the authority to cancel the appointment at any time, which cancellation shall automatically terminate such employment by the county.

      2.  Whenever a deputy state quarantine officer is employed by any county as provided in subsection 1, any inspection fees set as provided in NRS 554.200 shall be collected as therein provided and turned into the county treasury of the county employing such deputy state quarantine officer.

      [17:280:1913; added 1923, 177; NCL § 447]

      NRS 554.220  Civil liability of carriers transporting quarantined agricultural commodities; limitation of actions.

      1.  Any railroad company, express company or other common carrier which shall carry, haul or transport from any county, portion of any county, farm, nursery or apiary within the state, under quarantine, to any other part of the state, any agricultural commodity forbidden to be so exported shall be liable for any damages occurring by reason of such exportation.

      2.  Such damages may be recovered by an action against the railroad company, express company or common carrier brought in any court of competent jurisdiction within 2 years after the date of such offense or offenses, if more than one. Such action shall be instituted in the name of the State, for and on behalf of the person, firm or corporation suffering injury, and the Attorney General shall prosecute the same.

      [Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A 1961, 521)

      NRS 554.230  Criminal proceedings: Proof of disease, exposure to disease or infestation.  In any criminal proceeding arising under NRS 554.110 to 554.240, inclusive, proof that any agricultural commodity, forbidden by a proclamation of a quarantine from export, was exported in violation of the quarantine shall be deemed proof, within the meaning of NRS 554.110 to 554.240, inclusive, that the agricultural commodity was diseased, exposed to disease or infested.

      [Part 1:280:1913; 1919 RL p. 2625; NCL § 436]—(NRS A 1961, 521; 2001, 699)

      NRS 554.240  Penalty.  Any person, or any officer, agent or employee of any corporation, who shall export, or who shall assist in exporting, as a principal or accessory, any agricultural commodity forbidden to be exported by any proclamation of quarantine shall be guilty of a misdemeanor.

      [Part 6:280:1913; 1919 RL p. 2626; NCL § 440]—(NRS A 1961, 521; 1967, 612)

NNBA Meeting

When Mon, April 8, 6pm – 8pm
Where 2050 VILLANOVA DRIVE, RENO, NV (map)
Description With guest speaker Randy Oliver!
 
Randy Oliver will be the guest speaker at the NNBA Northern Nevada Beekeepers Association on Monday April 8th 2013. The NNBA is asking for a $5.00 donation per non member for this event. You can join the NNBA for a mere $20.00 donation per year.
 
 

Nevada Grown

Buy Package Bees

Other error :
This library is not compatible with this version of PrestaShop. Please upgrade/downgrade this library
No products!
Go to top