[Rev. 11/22/2013 9:44:45 AM--2013]

[NAC-576 Revised Date: 1-07]

CHAPTER 576 - LIVESTOCK AND FARM PRODUCTS: DEALERS, BROKERS, COMMISSION MERCHANTS, CASH BUYERS AND AGENTS; ALTERNATIVE LIVESTOCK

GENERAL PROVISIONS

576.005            Definitions.

576.015            “Board” defined.

576.020            “Department” defined.

576.030            “Director” defined.

DEALERS, BROKERS, COMMISSION MERCHANTS AND AGENTS

576.050            Definitions.

576.055            “Agent” defined.

576.060            “Broker” defined.

576.065            “Commission merchant” defined.

576.070            “Dealer” defined.

576.080            Amount of required bond.

576.085  Annual license fees.

ALTERNATIVE LIVESTOCK

576.100            Definitions.

576.110            “Alternative livestock” defined.

576.140            “Entry number” defined.

576.150            “Health certificate” defined.

576.160            “Identification device” defined.

576.170            “Official” defined.

576.180            “Permit” defined.

576.190            “Veterinarian” defined.

576.200            Prerequisites to importation.

576.210            Permits: Application; prerequisites to issuance; expiration; fees.

576.220            Permits: Revocation.

576.230            Identification of animals; loss of identification device.

576.240            Maintenance, retention and availability of records.

576.250            Maintenance of facilities for confinement.

576.260            Reporting of escapes and infections.

CERTIFIED PRODUCER’S CERTIFICATE

576.300            Definitions.

576.310            “Agricultural product of the soil” defined.

576.320            “Certified producer’s certificate” defined.

576.325            Exemption from requirements.

576.330            Application for certificate: Submission; contents.

576.340            Inspection of plot of land indicated on application.

576.350            Issuance, contents and period of validity of certificate; application for amendment or renewal.

576.353            Amendment of certificate.

576.356            Renewal of certificate.

576.361            Availability of applications.

576.371            Fees of Department.

576.380            Maintenance of list of certificate holders.

576.400            Prohibited use of certificate.

576.410            Order to stop sale of agricultural product of soil that is misrepresented.

576.420            Suspension, revocation or refusal to renew certificate.

576.440            Request for hearing.

 

GENERAL PROVISIONS

      NAC 576.005  Definitions. (NRS 576.128)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 576.015, 576.020 and 576.030 have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)

      NAC 576.015  “Board” defined. (NRS 576.128)  “Board” means the State Board of Agriculture.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)

      NAC 576.020  “Department” defined. (NRS 576.128)  “Department” means the State Department of Agriculture.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)

      NAC 576.030  “Director” defined. (NRS 576.128)  “Director” means the Director of the Department.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)—(Substituted in revision for NAC 576.010)

DEALERS, BROKERS, COMMISSION MERCHANTS AND AGENTS

      NAC 576.050  Definitions. (NRS 561.105)  As used in NAC 576.050 to 576.085, inclusive, unless the context otherwise requires, the words and terms defined in NAC 576.055 to 576.070, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

      NAC 576.055  “Agent” defined. (NRS 561.105)  “Agent” has the meaning ascribed to it in NRS 576.0115.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

      NAC 576.060  “Broker” defined. (NRS 561.105)  “Broker” has the meaning ascribed to it in NRS 576.0125.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

      NAC 576.065  “Commission merchant” defined. (NRS 561.105)  “Commission merchant” has the meaning ascribed to it in NRS 576.0135.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

      NAC 576.070  “Dealer” defined. (NRS 561.105)  “Dealer” has the meaning ascribed to it in NRS 576.0145.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

      NAC 576.080  Amount of required bond. (NRS 576.040)

     1.  The amount of bond, security or deposit required of a person licensed to act as a dealer, broker or commission merchant is based on the annual volume of his purchases, as follows:

     (a) For a buyer of farm produce:

 

Annual Volume

of Purchase

 

Amount

of Bond

Under $200,000 .....................................................................................................

$10,000

From $200,000 to $600,000 ...................................................................................

12,000

Over $600,000 ........................................................................................................

15,000

 

     (b) For a buyer of livestock:

 

Annual Volume

of Purchase

 

Amount

of Bond

$1

-

    $650,000 ....................................................................................

$5,000

650,001

-

      730,000 ....................................................................................

6,000

730,001

-

   1,040,000 ....................................................................................

8,000

1,040,001

-

   1,300,000 ....................................................................................

10,000

1,300,001

-

   1,560,000 ....................................................................................

12,000

1,560,001

-

   1,820,000 ....................................................................................

14,000

1,820,001

-

   2,080,000 ....................................................................................

16,000

2,080,001

-

   2,340,000 ....................................................................................

18,000

2,340,001

-

   2,600,000 ....................................................................................

20,000

2,600,001

-

   2,860,000 ....................................................................................

22,000

2,860,001

-

   3,120,000 ....................................................................................

24,000

3,120,001

-

   3,380,000 ....................................................................................

26,000

3,380,001

-

   3,900,000 ....................................................................................

30,000

3,900,001

-

   4,450,000 ....................................................................................

35,000

4,450,001

-

   5,200,000 ....................................................................................

40,000

5,200,001

-

   6,500,000 ....................................................................................

50,000

6,500,001

-

13,000,000 ....................................................................................

55,000

13,000,001

-

19,500,000 ....................................................................................

60,000

19,500,001

-

26,000,000 ....................................................................................

65,000

26,000,001

-

32,500,000 ....................................................................................

70,000

32,500,001

-

39,000,000 ....................................................................................

75,000

39,000,001

-

45,500,000 ....................................................................................

80,000

45,500,001

-

52,000,000 ....................................................................................

85,000

52,000,001

-

53,500,000 ....................................................................................

90,000

53,500,001

-

65,000,000 ....................................................................................

95,000

65,000,001

-

71,500,000 ....................................................................................

100,000

 

     2.  The bond, security or deposit of any licensee whose license was issued before January 9, 1981, may be continued in force with the lower amount previously established, but the amount required by this section must be provided upon renewal of the license.

     (Added to NAC by Dep’t of Agriculture, eff. 1-9-81)—(Substituted in revision for NAC 576.040)

      NAC 576.085  Annual license fees. (NRS 561.105, 576.050)

     1.  Each applicant for a license as a broker, dealer or commission merchant shall pay to the Department an annual license fee of $100.

     2.  Each applicant for a license as an agent shall pay to the Department an annual license fee of $25.

     (Added to NAC by Bd. of Agriculture by R215-05, eff. 6-28-2006)

ALTERNATIVE LIVESTOCK

      NAC 576.100  Definitions. (NRS 576.129)  As used in NAC 576.100 to 576.260, inclusive, unless the context otherwise requires, the words and terms defined in NAC 576.110 to 576.190, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.110  “Alternative livestock” defined. (NRS 576.129)  “Alternative livestock” has the meaning ascribed to it in NRS 501.003.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.140  “Entry number” defined. (NRS 576.129)  “Entry number” means a number issued by the Department to identify an animal before the entry of the animal into this State is allowed.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.150  “Health certificate” defined. (NRS 576.129)  “Health certificate” means a certificate concerning the health of an animal which is issued by a veterinarian.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.160  “Identification device” defined. (NRS 576.129)  “Identification device” means:

     1.  A tag for the identification of an animal which is:

     (a) Attached to the ear of the animal; and

     (b) Approved by the United States Department of Agriculture; or

     2.  Any other device or method for the identification of an animal which is approved by the Department.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.170  “Official” defined. (NRS 576.129)  “Official” means approved by the Department or the United States Department of Agriculture.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.180  “Permit” defined. (NRS 576.129)  “Permit” means a permit issued pursuant to NRS 576.129 for the importation, possession and propagation of alternative livestock.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.190  “Veterinarian” defined. (NRS 576.129)  “Veterinarian” means a licensed veterinarian who is accredited by the Federal Government or a health authority of the State or Federal Government.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.200  Prerequisites to importation. (NRS 576.129)  A person shall not import any alternative livestock into this State unless:

     1.  He holds a permit for those alternative livestock which describes their destination in this State.

     2.  Each animal is identified by an identification device and entry number.

     3.  He holds a health certificate for each animal which identifies the animal by its identification device and entry number and which contains:

     (a) The dates and results of the tests required by this section;

     (b) The certifications required by this section; and

     (c) Any other information required by the Department.

     4.  Each animal is certified by a veterinarian as having originated from a herd that, for the 12 months before the entry of the animal into this State:

     (a) Has been free from tuberculosis and brucellosis; and

     (b) Is not known to have been exposed to infection by Mycobacterium johnes or Parelaphostrongylus tenuis.

     5.  Each animal which is 6 months of age or older is certified by a veterinarian as having reacted negatively, within 30 days before its entry into this State, to:

     (a) Two official tests for brucellosis, including a complement fixation test; and

     (b) An official single cervical test for tuberculosis.

     6.  If the alternative livestock are Rocky Mountain elk (Cervus elaphus nelsoni), each animal is certified not to be a hybrid with any other cervid species or subspecies by a laboratory for genetic testing which is recognized by the Administrator of the Division of Animal Industry of the Department. To issue the certification, the laboratory must use the most recent and scientifically accepted genetic tests available.

     7.  Except as otherwise provided in this subsection, if the alternative livestock are Rocky Mountain elk (Cervus elaphus nelsoni), a veterinarian certifies that each animal originates from a herd which is participating in an official program for monitoring chronic wasting disease and that chronic wasting disease has not been diagnosed in that herd for the 5 years immediately preceding the date the alternative livestock are imported into this State. The Administrator of the Division of Animal Industry of the Department may waive the requirements of this subsection if an official ante mortem test for chronic wasting disease is available on or before the date the alternative livestock are imported into this State and each animal tests negative for chronic wasting disease using that test.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94; A by R092-01, 12-7-2001)

      NAC 576.210  Permits: Application; prerequisites to issuance; expiration; fees. (NRS 576.129)

     1.  An application for a permit must be obtained from the State Department of Agriculture, P.O. Box 11100, Reno, Nevada 89510.

     2.  A permit will be issued to each person:

     (a) Who submits to the Department:

          (1) A completed application;

          (2) An application fee of $200; and

          (3) Any fees imposed pursuant to paragraph (b).

     (b) Whose facilities to confine the alternative livestock pass an inspection by the Department to ensure his compliance with NAC 576.250. The Department shall charge:

          (1) No fee for its initial inspection of those facilities; and

          (2) A fee of $100 for each additional inspection of those facilities.

     3.  A permit expires on January 1 unless renewed on or before that date. The fee for renewal is $100.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.220  Permits: Revocation. (NRS 576.129)

     1.  The Board may revoke a permit if the holder of the permit fails to comply with any term or condition of the permit.

     2.  Notice of the revocation must be given to the holder of the permit personally, or by registered mail sent to his last known address. If the notice is given by registered mail, it shall be deemed received by the holder of the permit on the date 14 days after it is mailed.

     3.  The holder of a revoked permit:

     (a) Shall, not later than 30 days after he receives notice of the revocation, dispose of any alternative livestock he held under the authority of that permit.

     (b) Shall not abandon, release, sell or transport any alternative livestock he held under the authority of that permit without the prior written permission of the Board.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.230  Identification of animals; loss of identification device. (NRS 576.129)  The holder of a permit shall:

     1.  Ensure that each of the alternative livestock he possesses in this State under the authority of that permit is identified by an identification device. Each of the progeny of the alternative livestock must be identified by an identification device within 60 days after its birth.

     2.  Report the loss of an identification device to the Department within 48 hours after he discovers the loss, and identify the animal with another identification device within 7 days after he makes that report.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.240  Maintenance, retention and availability of records. (NRS 576.129)  The holder of a permit shall:

     1.  Maintain, on a form approved by the Department, a current monthly record of the total inventory of his herd of alternative livestock. The record must identify each animal by its identification device and note:

     (a) The sex of each animal;

     (b) The date of birth of any progeny;

     (c) The date and source of each addition to the herd;

     (d) The removal of any animals from the herd;

     (e) The death of any animals in the herd; and

     (f) The replacement of any lost identification devices.

     2.  Retain the record for not less than 3 years.

     3.  Make the record available for inspection upon request by a representative of the Board.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.250  Maintenance of facilities for confinement. (NRS 576.129)  The holder of a permit shall maintain the following facilities to confine his alternative livestock:

     1.  An enclosure, with a restraining device, for the safe and humane restraint of individual animals; and

     2.  An enclosure with a perimeter fence that meets the following requirements:

     (a) For Rocky Mountain elk (Cervus elaphus nelsoni), the top of the fence must be not less than 8 feet above the ground. At least the bottom 7 feet of the fence must be constructed of smooth woven high-tensile mesh wire, which is no smaller than 12 1/2 gauge, with vertical spacing that does not exceed 6 inches. The top foot of the fence may be constructed of strands of smooth high-tensile wire, which are no smaller than 12 1/2 gauge and spaced not more than 6 inches apart.

     (b) For Fallow deer (Dama dama) and reindeer (Rangifer tarandus), the top of the fence must be not less than 7 feet above the ground. At least the bottom 6 feet of the fence must be constructed of smooth woven high-tensile mesh wire, which is no smaller than 12 1/2 gauge, with vertical spacing that does not exceed 6 inches. The top foot of the fence may be constructed of strands of smooth high-tensile wire, which are no smaller than 12 1/2 gauge and spaced not more than 6 inches apart.

     (c) The fence posts must be:

          (1) Constructed of wood with a diameter of not less than 4 inches, or an equivalent strength of steel;

          (2) Extended from not less than 3 feet below the ground to the full height of the fence; and

          (3) Spaced not more than 24 feet apart.

     (d) The posts for corners and gates must be:

          (1) Constructed of wood with a diameter of not less than 6 inches, or an equivalent strength of steel; and

          (2) Extended from not less than 3 feet below the ground to the full height of the fence.

     (e) Each gate must be of the same height as the fence, constructed of a material whose strength is equivalent to the fence and secured by a latching device and padlock.

     (f) The fence must be maintained at all times in such a manner as to prevent the escape of alternative livestock.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

      NAC 576.260  Reporting of escapes and infections. (NRS 576.129)  The holder of a permit shall, immediately after he discovers that any of the alternative livestock he holds under the authority of that permit has escaped or become infected with any disease, report the escape or infection to the Department.

     (Added to NAC by Bd. of Agriculture, eff. 6-15-94)

CERTIFIED PRODUCER’S CERTIFICATE

      NAC 576.300  Definitions. (NRS 561.301, 576.128)  As used in NAC 576.300 to 576.440, inclusive, unless the context otherwise requires, the words and terms defined in NAC 576.310 and 576.320 have the meanings ascribed to them in those sections.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.310  “Agricultural product of the soil” defined. (NRS 561.301, 576.128)  “Agricultural product of the soil” means a crop grown in soil or any other medium.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)

NAC 576.320  “Certified producer’s certificate” defined. (NRS 561.301, 576.128)  “Certified producer’s certificate” means a written document issued by the Department pursuant to NAC 576.330, 576.340 and 576.350 which indicates that the holder of the certificate has obtained certification that he is the actual producer of each agricultural product of the soil which is listed on the certificate.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.325  Exemption from requirements. (NRS 561.301, 576.128)  A person who produces only organic agricultural products of the soil is exempt from the requirements set forth in NAC 576.300 to 576.440, inclusive.

     (Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005)

      NAC 576.330  Application for certificate: Submission; contents. (NRS 561.301, 576.128)

     1.  To obtain a certified producer’s certificate, a person must submit to the Department, on a form prescribed by the Department, a separate application for each plot of land on which an agricultural product of the soil will be grown. For the purposes of this section, a separate application is required for each plot of land on which an agricultural product of the soil will be grown if the plot of land is not contiguous to any other plot of land on which an agricultural product of the soil will be grown.

     2.  The application must include, without limitation:

     (a) The name, mailing address and telephone number of the applicant;

     (b) The physical address of the plot of land on which each agricultural product of the soil will be grown;

     (c) A list of each agricultural product of the soil for which the applicant seeks certification and anticipates that he will grow and offer for sale during the 12 months for which the certificate is valid;

     (d) The estimated yield of each agricultural product of the soil listed on the application;

     (e) The harvest season of each agricultural product of the soil listed on the application;

     (f) If an agricultural product of the soil is to be stored, the length of time the product will be stored;

     (g) If any agricultural product of the soil produced by the applicant is in storage at the time of application, the physical address at which the product is being stored and the amount of the product that is being stored at that location at the time of application;

     (h) The total area of the plot of land which is under cultivation for each agricultural product of the soil listed on the application, designated in terms of acres or square feet, as applicable;

     (i) A detailed map that indicates the location of the plot of land on which any agricultural product of the soil listed pursuant to paragraph (c) will be grown; and

     (j) The fee set forth in NAC 576.371 for the application and the inspection required pursuant to NAC 576.340.

     3.  Except as otherwise provided in this subsection, an application must be submitted to the Department at least 30 days before the harvest of an agricultural product of the soil that is listed on the application. The Department may, in its discretion, waive the requirements set forth in this subsection.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.340  Inspection of plot of land indicated on application. (NRS 561.301, 576.128)  Except as otherwise provided in NAC 576.353 or 576.356, before approving an application for a certified producer’s certificate, an amended certified producer’s certificate or a renewed certified producer’s certificate, the Department, or an authorized representative of the Department, will inspect the plot of land that is indicated on the application to verify the production of each agricultural product of the soil that is listed on the application or the existence in storage of each agricultural product of the soil that is listed on the application which has been harvested, or both.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.350  Issuance, contents and period of validity of certificate; application for amendment or renewal. (NRS 561.301, 576.128)

     1.  Upon approval of an application, the Department will issue a certified producer’s certificate to the applicant.

     2.  A certified producer’s certificate must list each agricultural product of the soil that is produced by the holder of the certificate.

     3.  A certified producer’s certificate is valid for 12 months after the date on which the certificate is issued.

     4.  The holder of a certified producer’s certificate may apply to the Department to:

     (a) Amend his certificate pursuant to NAC 576.353; and

     (b) Renew his certificate pursuant to NAC 576.356.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.353  Amendment of certificate. (NRS 561.301, 576.128)

     1.  If the holder of a certified producer’s certificate wishes to add an agricultural product of the soil to those listed on his certificate, he must submit to the Department, on a form prescribed by the Department, a separate application to amend the certificate for each plot of land on which an additional agricultural product of the soil will be grown. For the purposes of this section, a separate application is required for each plot of land on which an additional agricultural product of the soil will be grown if the plot of land is not contiguous to any other plot of land on which an agricultural product of the soil is grown that is listed on the certified producer’s certificate.

     2.  Except as otherwise provided in this subsection, if a holder of a certified producer’s certificate wishes to amend the certificate pursuant to subsection 1, the holder must submit an application to amend the certificate at least 30 days before the harvest of any additional agricultural product of the soil. The Department may, in its discretion, waive the requirements set forth in this subsection.

     3.  The application must include, without limitation:

     (a) The information required pursuant to subsection 2 of NAC 576.330;

     (b) An identification of each additional agricultural product of the soil that will be grown; and

     (c) A detailed map that indicates the location of the plot of land on which any additional agricultural product of the soil will be grown.

     4.  The Department may waive the inspection of the plot of land that is indicated on the application to amend a certificate, which is required pursuant to NAC 576.340 to verify the production of each additional agricultural product of the soil, unless any agricultural product of the soil included on the application is substantially different from the agricultural products of the soil listed on the original certificate.

     5.  If the Department approves an application to amend a certified producer’s certificate, the Department will issue an amended certificate which lists the additional agricultural products of the soil that will be grown. The amended certificate expires on the expiration date of the original certificate.

     (Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005)

      NAC 576.356  Renewal of certificate. (NRS 561.301, 576.128)

     1.  The holder of a certified producer’s certificate may renew his certificate every 12 months by submitting to the Department, on a form prescribed by the Department, an application to renew the certificate.

     2.  Except as otherwise provided in this subsection, if a holder of a certified producer’s certificate wishes to renew the certificate, the holder must submit the application for renewal at least 30 days before the certified producer’s certificate expires. The Department may, in its discretion, waive the requirements set forth in this subsection.

     3.  The Department may waive the inspection of the plot of land that is indicated on the application to renew a certificate, which is required pursuant to NAC 576.340 to verify the production of each agricultural product of the soil, unless:

     (a) The designation of the plot of land on which an agricultural product is grown that is listed on the renewal application is different from the plot of land designated on the original certificate; or

     (b) Any agricultural products of the soil included on the renewal application are substantially different from the agricultural products of the soil listed on the original certificate.

     4.  The application for renewal must include:

     (a) The information required pursuant to subsection 2 of NAC 576.330; and

     (b) The fee for renewal set forth in NAC 576.371.

     5.  Upon approval of the application for renewal, the Department will issue a renewed certified producer’s certificate to the applicant. A renewed certificate is valid for 12 months after the date on which the renewal certificate is issued.

     (Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005)

      NAC 576.361  Availability of applications. (NRS 561.301, 576.128)  An application for a certified producer’s certificate, an application to amend a certified producer’s certificate and an application to renew a certified producer’s certificate may be obtained, free of charge, from the State Department of Agriculture by mail at 350 Capitol Hill Avenue, Reno, Nevada 89502, or by telephone at (775) 688-1180.

     (Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005)

      NAC 576.371  Fees of Department. (NRS 561.301, 576.128)  The Department will charge and collect the following nonrefundable fees:

     1.  For an application for an initial certified producer’s certificate and the inspection required pursuant to NAC 576.340  $50.00

     2.  For the renewal of a certified producer’s certificate without an inspection............... $30.00

     3.  For the inspection of any plot of land concerning an agricultural product of the soil for which a person seeks a certified producer’s certificate which is conducted after the initial inspection has been completed and for any other additional inspections:

     (a) For each hour of inspection, calculated from the assigned office of the inspector, per hour $30.00

     (b) For mileage, per mile..................................................................................................... $0.40

     (Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005)

      NAC 576.380  Maintenance of list of certificate holders. (NRS 561.301, 576.128)  The Department will maintain a list of each person to whom the Department has issued a certified producer’s certificate.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98)

      NAC 576.400  Prohibited use of certificate. (NRS 561.301, 576.128)  A person shall not use a certified producer’s certificate to claim or imply that he is the producer of an agricultural product of the soil which he did not produce.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.410  Order to stop sale of agricultural product of soil that is misrepresented. (NRS 561.295, 561.301, 576.128)  The Director may issue a written order to stop the sale of an agricultural product of the soil if that product is advertised, sold, labeled or otherwise represented as certified in violation of NAC 576.300 to 576.440, inclusive. A person shall not sell an agricultural product of the soil for which the Director has issued a written order to stop the sale pursuant to this section until the Department determines that the advertising, selling, labeling or other representation of the product complies with NAC 576.300 to 576.440, inclusive.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.420  Suspension, revocation or refusal to renew certificate. (NRS 561.295, 561.301, 576.128)  The Department may suspend, revoke or refuse to renew a certified producer’s certificate issued to a person pursuant to NAC 576.300 to 576.440, inclusive, if the Department determines that the person violated the provisions of NAC 576.300 to 576.440, inclusive.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)

      NAC 576.440  Request for hearing. (NRS 561.295, 561.301, 576.128)  A person:

     1.  Who is issued a written order to stop the sale of an agricultural product of the soil pursuant to NAC 576.410; or

     2.  Whose certified producer’s certificate has been suspended or revoked or has not been renewed pursuant to NAC 576.420,

Ê may request a hearing pursuant to subsection 2 of NRS 561.295.

     (Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R125-05, 10-31-2005)