[Rev. 11/21/2013 12:22:53 PM--2013]

CHAPTER 554 - QUARANTINES OF AGRICULTURAL COMMODITIES

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.

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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)