[Rev. 11/21/2013 12:24:01 PM--2013]

CHAPTER 562 - SHEEP

GENERAL PROVISIONS

NRS 562.010           “Board” defined.

NRS 562.030           “Sheep” defined.

NRS 562.040           Persons deemed owners; joint and several liability.

NRS 562.050           Foreclosure of liens: Procedure; attorney’s fees and other costs; remedies cumulative.

NRS 562.055           Costs incurred by State Board of Agriculture to enforce provisions of chapter to be paid by person against whom provisions are enforced.

STATE BOARD OF AGRICULTURE

Enforcement of Provisions of Chapter

NRS 562.130           Employees and volunteers; employees of State Department of Agriculture to perform certain duties.

NRS 562.140           Employment of attorneys; compensation.

NRS 562.150           Reports to Governor.

 

Finances

NRS 562.160           Board to fix rate of annual tax; notice to State Department of Agriculture.

NRS 562.170           Maximum rate of tax; minimum amount of tax; deposit of tax in State Sheep Inspection Account.

NRS 562.175           Penalty for failure to pay tax; waiver or reduction of interest or penalty; disclosure of waiver or reduction; taxes levied constitute lien until paid.

NRS 562.190           Use of legislative appropriation to control losses of sheep from predatory animals.

NRS 562.195           State Sheep Inspection Account: Agreement with board of county commissioners for administration; annual statement by county treasurer; reimbursement for administration; termination of agreement.

NRS 562.200           State Sheep Inspection Account: Deposit and disbursement of contributions.

NRS 562.210           State Sheep Inspection Account: Expenditures by Board for promotion, advancement and protection of sheep interests.

NRS 562.220           State Sheep Inspection Account: Payment of salaries, compensation and expenses; limitation on payment of administrative expenses.

NRS 562.230           State Sheep Inspection Account: Payment of vouchers or claims of inspectors; contents of vouchers or claims.

NRS 562.240           Audit of accounts by Board.

 

Powers and Duties

NRS 562.250           General powers of Board concerning sheep industry; powers of and adoption of regulations by State Quarantine Officer concerning diseases of sheep.

NRS 562.260           Division of State into districts.

NRS 562.270           Rules and regulations.

NRS 562.300           Publication of orders, rules and regulations.

NRS 562.310           Power to subpoena and examine witnesses and administer oaths.

INSPECTION

NRS 562.460           Brand inspection of sheep and issuance of brand inspection clearance certificate; fee.

NRS 562.470           Board and inspectors to keep record of inspection; contents.

NRS 562.480           Inspectors’ reports to Board.

NRS 562.490           Inspectors’ right of entry for inspection and examination.

MISCELLANEOUS PROVISIONS

NRS 562.520           Employees of federal Secretary of Agriculture may come within State for purposes of suppression of sheep disease.

NRS 562.530           Federal and state inspectors may call upon peace officers for assistance; penalty for refusal to comply with orders of officer or inspector.

UNLAWFUL ACTS AND PENALTIES

NRS 562.540           Importation of infected sheep into state unlawful; penalty.

NRS 562.550           Penalty for refusal to give information to inspector or giving false information.

NRS 562.555           Sheep in transit through state by railroad; unloading for feed or water; liens; penalty.

NRS 562.560           Penalty for other violations.

_________

 

GENERAL PROVISIONS

      NRS 562.010  “Board” defined.  As used in this chapter, “Board” means the State Board of Agriculture.

      [Part 2:82:1919; A 1945, 81; 1953, 173]—(NRS A 2003, 2149)

      NRS 562.030  “Sheep” defined.  As used in this chapter, “sheep” shall mean animals of the ovine species.

      [Part 8:82:1919; 1919 RL p. 3181; NCL § 3878]—(NRS A 1961, 545)

      NRS 562.040  Persons deemed owners; joint and several liability.  In any action or proceeding, civil or criminal, arising under this chapter, all persons having an interest in sheep and controlling the same, concerning which such action or proceeding is had, shall be deemed the owners of such sheep, and shall be liable severally and jointly for a violation of this chapter.

      [Part 20:82:1919; 1919 RL p. 3186; NCL § 3891]

      NRS 562.050  Foreclosure of liens: Procedure; attorney’s fees and other costs; remedies cumulative.  All liens provided for in this chapter must be foreclosed in the manner provided by chapter 104 of NRS, but the judgment therein must also allow reasonable attorney’s fees, court costs, penalties and interest, to be fixed by the court. The remedies provided in this chapter are cumulative and not exclusive of any other remedy, form or right of action or proceeding allowed by law.

      [27:82:1919; 1919 RL p. 3187; NCL § 3898]—(NRS A 1965, 943; 1995, 213)

      NRS 562.055  Costs incurred by State Board of Agriculture to enforce provisions of chapter to be paid by person against whom provisions are enforced.

      1.  Any costs incurred by the Board that are necessary for the enforcement of the provisions of this chapter, including, but not limited to:

      (a) The wages, salaries and benefits paid to the employees of the Board that are associated with the enforcement of those provisions;

      (b) All costs associated with transporting, housing, feeding and caring for sheep that have been seized pursuant to the provisions of this chapter; and

      (c) Any damages to property resulting from the seizure of such sheep,

Ê must be paid by the person against whom the provisions are enforced or the owner or person in charge of the sheep that are seized.

      2.  The cost of any sheep lost as a result of their seizure pursuant to the provisions of this chapter must be borne by the owner of the sheep.

      (Added to NRS by 1995, 213)

STATE BOARD OF AGRICULTURE

Enforcement of Provisions of Chapter

      NRS 562.130  Employees and volunteers; employees of State Department of Agriculture to perform certain duties.  The Board may:

      1.  Employ a secretary and such inspectors and other employees as it may find necessary to carry out the provisions of this chapter.

      2.  Prescribe the duties and fix the compensation and travel and subsistence expenses of its employees and volunteers.

      3.  Require such bonds from its inspectors as it determines necessary.

      4.  Request the Director of the State Department of Agriculture to designate, pursuant to NRS 561.225, one or more employees of the Department to issue sheep permits.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1995, 85; 1997, 843; 1999, 3668; 2003, 2149)

      NRS 562.140  Employment of attorneys; compensation.

      1.  Whenever the Board deems it necessary, it may employ special attorneys to assist in the prosecution of violations or violators of any of the provisions of this chapter, and also may employ attorneys for such other purposes as the Board deems necessary.

      2.  Such services must be paid for out of any money in the State Sheep Inspection Account.

      [21:82:1919; 1919 RL p. 3186; NCL § 3892]—(NRS A 1991, 1792; 1997, 844)

      NRS 562.150  Reports to Governor.  The Board shall render a written report of its activities relating to the implementation of this chapter to the Governor on or before October 31, 2003, and each 2 years thereafter.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1967, 157; 2003, 2149)

Finances

      NRS 562.160  Board to fix rate of annual tax; notice to State Department of Agriculture.  Upon receipt of the reports from the State Department of Agriculture pursuant to NRS 575.180, the Board shall fix the rate to be levied each year as provided for in NRS 562.170 and shall send notice of it to the State Department of Agriculture on or before the first Monday in May of each year.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 1985, 745; 1999, 2779; 2001, 1566)

      NRS 562.170  Maximum rate of tax; minimum amount of tax; deposit of tax in State Sheep Inspection Account.

      1.  Except as otherwise provided in this section, the rate of tax fixed by the Board, as provided for in NRS 562.160, must not exceed the equivalent of 18 cents per head on all sheep. The minimum tax that must be paid annually by an owner of sheep is $5.

      2.  The tax paid by an owner of sheep must be deposited in the state or county treasury in which the State Sheep Inspection Account is located for credit to that Account. The money in the State Sheep Inspection Account must be made available and disbursed by the proper state or county officials upon request of the Board for the purposes provided for in this chapter.

      [Part 4:82:1919; A 1945, 81; 1955, 183]—(NRS A 1959, 180; 1961, 545; 1963, 21; 1979, 961; 1983, 403; 1985, 745; 1991, 1792; 1997, 844; 2003, 2149)

      NRS 562.175  Penalty for failure to pay tax; waiver or reduction of interest or penalty; disclosure of waiver or reduction; taxes levied constitute lien until paid.

      1.  Except as otherwise provided in subsection 2, any person who fails to pay any tax levied by the Board pursuant to NRS 562.160 or 567.110, within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax which is owed, in addition to the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date the tax was due until the date of payment.

      2.  The Board may, for good cause shown, waive or reduce the payment of the interest or penalty, or both, which is required to be paid pursuant to subsection 1. The Board shall, upon the request of any person, disclose:

      (a) The name of the person whose interest or penalty was waived or reduced; and

      (b) The amount so waived or the amount of the reduction.

      3.  All taxes levied by the Board on sheep pursuant to NRS 562.160, or on sheep and goats pursuant to NRS 567.110, and all penalties and interest accrued thereon, constitute a lien upon the sheep, or sheep and goats, respectively, until paid.

      (Added to NRS by 1995, 212)

      NRS 562.190  Use of legislative appropriation to control losses of sheep from predatory animals.  Any funds appropriated to the Board by the Legislature of the State of Nevada may, unless otherwise specifically provided by the Legislature, be used by the Board to aid the sheep industry of Nevada in controlling losses of sheep from predatory animals.

      [32:82:1919; added 1951, 210]

      NRS 562.195  State Sheep Inspection Account: Agreement with board of county commissioners for administration; annual statement by county treasurer; reimbursement for administration; termination of agreement.

      1.  The Board may enter into a cooperative agreement with a board of county commissioners for the administration of the State Sheep Inspection Account. Upon execution of such an agreement, the State Controller shall transfer all money in the State Sheep Inspection Account in the State General Fund to the appropriate county treasurer for credit to the State Sheep Inspection Account in the county treasury of the county that executed the agreement. The agreement must require the county treasurer to prepare an annual statement that includes an accounting of revenues and expenditures and the balance in the State Sheep Inspection Account. The statement must cover the most recent fiscal year and must be submitted, within 90 days after the end of that fiscal year, to the county treasurer, the Chair of the Board, the Director of the Department of Administration and the Legislative Auditor.

      2.  The agreement may include a provision for reimbursement of the county by the Board of any reasonable costs of administering the Account.

      3.  Upon termination of an agreement executed pursuant to subsection 1, the county treasurer shall transfer all money in the State Sheep Inspection Account in the county treasury to the State Sheep Inspection Account in the county treasury of another county that executed an agreement pursuant to subsection 1 or, if no such agreement has been executed, to the State Controller for deposit in the State Sheep Inspection Account in the State General Fund.

      (Added to NRS by 1997, 843; A 2009, 1030)

      NRS 562.200  State Sheep Inspection Account: Deposit and disbursement of contributions.  All contributions of money which the Board is authorized to accept and which are made by any organization interested in the welfare of the sheep industry must be deposited by the Board with the state or county treasurer who has custody of the State Sheep Inspection Account for credit to that Account. The money in the Account must be disbursed by the proper state or county officials when ordered by the Board in accordance with the purposes for which each contribution was made.

      [Part 4:82:1919; A 1945, 81; 1955, 183]—(NRS A 1979, 624; 1991, 1792; 1997, 844)

      NRS 562.210  State Sheep Inspection Account: Expenditures by Board for promotion, advancement and protection of sheep interests.

      1.  The Board may encourage, promote, advance and protect the sheep interests of the State and may, directly or indirectly, by expenditure or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the State Sheep Inspection Account, for any enumerated purposes, not to exceed the equivalent of 10 cents of the levy assessed pursuant to NRS 562.170.

      2.  The Board is the sole and exclusive judge of the expenditures of all sums directly or by the payment to any association, club or other organization pursuant to this section.

      [10a:82:1919; added 1923, 68; A 1949, 458; 1955, 183]—(NRS A 1959, 180; 1963, 21; 1967, 157; 1979, 961; 1991, 1792; 1997, 844)

      NRS 562.220  State Sheep Inspection Account: Payment of salaries, compensation and expenses; limitation on payment of administrative expenses.

      1.  The salaries, compensation and expenses provided for in this chapter must be paid out of the State Sheep Inspection Account.

      2.  Necessary administrative expenses incurred by the Board in carrying out the provisions of this chapter may be paid from the State Sheep Inspection Account, except that such administrative expenses must not exceed 5 percent of the annual collected tax receipts.

      [25:82:1919; A 1945, 81; 1943 NCL § 3896]—(NRS A 1991, 1792; 1997, 844; 2003, 2150)

      NRS 562.230  State Sheep Inspection Account: Payment of vouchers or claims of inspectors; contents of vouchers or claims.  Whenever any inspector files in the office of the State Controller or county treasurer who has custody of the State Sheep Inspection Account proper vouchers or claims, duly approved by the Board, setting forth:

      1.  The name of the inspector;

      2.  The kind and nature of service rendered;

      3.  The particular locality where the work was done;

      4.  The length of time employed;

      5.  The number of sheep inspected and the name of the owner or person in charge of the sheep;

      6.  The disease or diseases treated, and the length of time of the treatment; and

      7.  The amount claimed for the services,

Ê the State Controller or county treasurer shall draw a warrant or check in favor of the inspector, payable out of the money in the State Sheep Inspection Account.

      [16:82:1919; 1919 RL p. 3185; NCL § 3887]—(NRS A 1991, 1792; 1997, 844)

      NRS 562.240  Audit of accounts by Board.  All accounts for salaries and expenses provided for in this chapter shall be periodically audited by the Board.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]

Powers and Duties

      NRS 562.250  General powers of Board concerning sheep industry; powers of and adoption of regulations by State Quarantine Officer concerning diseases of sheep.

      1.  Except as otherwise provided in subsection 2, the Board has exclusive control of all matters pertaining to the sheep industry.

      2.  The State Quarantine Officer has exclusive authority over matters concerning diseases of sheep and may adopt such regulations as are necessary to carry out the State Quarantine Officer’s duties pursuant to this subsection.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 2003, 2150)

      NRS 562.260  Division of State into districts.  The Board shall have the power to divide the State into such districts as may be necessary for the enforcement of this chapter, which districts shall be under the supervision of one of the members of the Board.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]

      NRS 562.270  Rules and regulations.  The Board may make and enforce rules and regulations deemed necessary by it for the enforcement of the provisions of this chapter.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]—(NRS A 2003, 2150)

      NRS 562.300  Publication of orders, rules and regulations.  All orders, rules or regulations made by the Board must be published at least twice in some newspaper having a general circulation in the State, which publication shall constitute legal notice of the order, rule or regulation made to all owners of sheep and other persons.

      [Part 3:82:1919; A 1945, 81; 1943 NCL § 3873]

      NRS 562.310  Power to subpoena and examine witnesses and administer oaths.  For the purpose of carrying out the provisions of this chapter each member of the Board, and the Secretary of the Board, is authorized to subpoena and examine witnesses and to administer oaths for the purpose of soliciting information to be used in enforcing the provisions of this chapter, and in the furtherance of the quarantine, sanitary and other regulations.

      [Part 26:82:1919; 1919 RL p. 3187; NCL § 3897]

INSPECTION

      NRS 562.460  Brand inspection of sheep and issuance of brand inspection clearance certificate; fee.

      1.  Each inspector shall:

      (a) At the request of the owner of sheep, perform a brand inspection of the sheep for brands or marks; and

      (b) Upon the completion of such an inspection, issue a brand inspection clearance certificate in accordance with NRS 565.120.

      2.  The State Department of Agriculture may levy and collect a reasonable fee for brand inspections as authorized under the provisions of this chapter. Any fee so levied must be collected in the manner prescribed by the Director of the Department and deposited into the Livestock Inspection Account.

      [Part 8:82:1919; 1919 RL p. 3181; NCL § 3878]—(NRS A 2003, 2150)

      NRS 562.470  Board and inspectors to keep record of inspection; contents.

      1.  The Board and each inspector must keep a record to be known as the inspection record, in which they must enter their official acts.

      2.  Such records shall show:

      (a) The name of the owner of every flock of sheep inspected.

      (b) The time when and the place where the same was inspected.

      [Part 6:82:1919; A 1945, 81; 1943 NCL § 3876]

      NRS 562.480  Inspectors’ reports to Board.  Inspectors shall report to the Board in writing as often and at such times as may be requested by the Board.

      [7:82:1919; 1919 RL p. 3181; NCL § 3877]

      NRS 562.490  Inspectors’ right of entry for inspection and examination.  Inspectors shall have the right at all times to enter any premises, farms, fields, pens, slaughterhouses, buildings, cars, trucks or railroad cars where any sheep are quartered, for the purpose of examining them to determine whether they are infected with any infectious or contagious disease.

      [Part 6:82:1919; A 1945, 81; 1943 NCL § 3876]

MISCELLANEOUS PROVISIONS

      NRS 562.520  Employees of federal Secretary of Agriculture may come within State for purposes of suppression of sheep disease.  The Board is authorized to give its consent that the Secretary of Agriculture and the Secretary’s employees shall come within the State of Nevada for the purposes connected with the exportation of diseased sheep, and for the suppression and extirpation of pleuropneumonia and other contagious and infectious diseases among sheep.

      [23:82:1919; 1919 RL p. 3187; NCL § 3894]

      NRS 562.530  Federal and state inspectors may call upon peace officers for assistance; penalty for refusal to comply with orders of officer or inspector.

      1.  All federal authorities authorized as provided in NRS 562.520, and the various inspectors of this State, shall, subject to the approval of the Board, have the power to call upon any constable, sheriff or other peace officer in any county in this State to assist them in the discharge of their duties in carrying out the provisions of this chapter and c. 60, 23 Stat. 32, approved May 29, 1884 (21 U.S.C. § 114), and such officers shall assist them when so requested.

      2.  The federal inspectors shall have the same power to enforce the laws of this State as the various inspectors of the State when authorized as provided in NRS 562.520 and when engaged in the discharge of their official duties.

      3.  Any person, company or corporation refusing to comply with the orders of such officer or federal inspector shall be guilty of a gross misdemeanor.

      [24:82:1919; 1919 RL p. 3187; NCL § 3895]—(NRS A 1967, 614)

UNLAWFUL ACTS AND PENALTIES

      NRS 562.540  Importation of infected sheep into state unlawful; penalty.

      1.  It shall be unlawful for any person, company or corporation, or any agent, servant or employee thereof, to bring into this state any sheep infected with scabies or any infectious or contagious disease, or that have in any manner been exposed to such disease.

      2.  Any person, company or corporation, or any agent, servant or employee thereof, violating the provisions of this section, shall, upon conviction thereof, be punished as provided in NRS 562.560.

      [13:82:1919; 1919 RL p. 3184; NCL § 3884]

      NRS 562.550  Penalty for refusal to give information to inspector or giving false information.  Any herder or other person in charge of sheep who shall willfully refuse to give an inspector information as to the condition of sheep in the herder or other person’s charge, or shall willfully give false information as to the condition of such sheep, shall be guilty of a gross misdemeanor.

      [Part 20:82:1919; 1919 RL p. 3186; NCL § 3891]—(NRS A 1967, 615)

      NRS 562.555  Sheep in transit through state by railroad; unloading for feed or water; liens; penalty.

      1.  Any sheep in transit through this state upon any railroad train shall not be unloaded from such train for any purpose except for feeding or water, and shall be held in the feed yards or in grazing grounds that may be provided by the railroad company carrying the sheep, and shall not be allowed to leave the same.

      2.  All expenses of enforcing the provisions of this section shall be paid by the owner or owners of such sheep, and the same shall become a lien upon such sheep until paid.

      3.  Any person, company or corporation, or any agent, servant or employee of such, who is guilty of a violation of the provisions of this section shall, upon conviction thereof, be punished as provided in NRS 562.560.

      [17:82:1919; 1919 RL p. 3185; NCL § 3888]—(Substituted in revision for NRS 562.440)

      NRS 562.560  Penalty for other violations.  Any person, company, corporation or association, or any agent, servant or employee of such, who shall violate or disregard any quarantine provision of this chapter, or any sanitary or quarantine rule, regulation or order of the Board or inspector thereof, or any of the provisions of this chapter, shall be guilty of a gross misdemeanor.

      [Part 26:82:1919; 1919 RL p. 3187; NCL § 3897]—(NRS A 1967, 615)