[Rev. 11/22/2013 9:44:03 AM--2013]

[NAC-565 Revised Date: 7-13]

CHAPTER 565 - INSPECTION OF BRANDS

565.010            Definitions.

565.015            “Administrator” defined.

565.018            “Agricultural enforcement officer II” and “agricultural enforcement officer III” defined.

565.021            “Animals” and “livestock” defined.

565.026            “Brand inspection” defined.

565.031            “Brand inspection clearance certificate” defined.

565.035            “Brand inspector” defined.

565.049            “Department” defined.

565.051            “Deputy brand inspector I” defined.

565.052            “Deputy brand inspector II” defined.

565.053            “Director” defined.

565.055            “District” defined.

565.065            “Division” defined.

565.070            “Enforcement officer” defined.

565.072            “Inventory inspection” defined.

565.075            “Livestock movement permit” defined.

565.077            “Public livestock auction” defined.

565.079            “Regular sale” defined.

565.080            “Slaughter” defined.

565.082            “Special sale” defined.

565.085            “Time and place of change of ownership” defined.

565.150            Severability.

565.200            Brand inspections: Requirements; places; times.

565.210            Brand inspection districts.

565.220            Special permits.

565.230            Fees.

565.300            Identifying and recording brands; impounding animals of undetermined ownership; checking prior transactions; reporting suspected violators; unbranded and freshly branded calves.

565.310            Enforcement; conflicts of interest.

 

 

      NAC 565.010  Definitions. (NRS 565.040)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 565.015 to 565.085, inclusive, have the meanings ascribed to them in those sections.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.015  “Administrator” defined. (NRS 565.040)  “Administrator” means the Administrator of the Division.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.018  “Agricultural enforcement officer II” and “agricultural enforcement officer III” defined. (NRS 565.040)  “Agricultural enforcement officer II” or “agricultural enforcement officer III” means an employee who:

     1.  Is under the immediate supervision of the Administrator;

     2.  Is certified by the Peace Officers’ Standards and Training Commission pursuant to NRS 289.550;

     3.  Has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure pursuant to subsection 3 of NRS 289.290;

     4.  Is assigned supervisory and administrative responsibilities in designated geographical areas of this State; and

     5.  Supervises all deputy brand inspectors and enforcement officers assigned to his or her geographical area.

     (Added to NAC by Dep’t of Agriculture by R213-05, eff. 6-28-2006)

      NAC 565.021  “Animals” and “livestock” defined. (NRS 565.040)  “Animals” or “livestock” means:

     1.  All cattle and other members of the bovine species; and

     2.  All horses, mules, burros, asses and other members of the equine species.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.026  “Brand inspection” defined. (NRS 565.040)  “Brand inspection” means a careful examination of each animal offered for such inspection and an examination of the brands, marks or other characteristics thereon and the recording of information on the brand inspection clearance certificate as required.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.031  “Brand inspection clearance certificate” defined. (NRS 565.040)  “Brand inspection clearance certificate” means a certificate on a form prescribed by the Division and signed by an authorized agent of the Department, listing brands and information as required.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.035  “Brand inspector” defined. (NRS 565.040)  “Brand inspector” means a deputy brand inspector I or deputy brand inspector II.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.049  “Department” defined. (NRS 565.040)  “Department” means the State Department of Agriculture.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)—(Substituted in revision for NAC 565.041)

      NAC 565.051  “Deputy brand inspector I” defined. (NRS 565.040)  “Deputy brand inspector I” means a part-time, hourly employee who:

     1.  Is appointed by the Administrator and confirmed by the Director; and

     2.  Is responsible for brand inspection activities in local areas under the supervision of an enforcement officer.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.052  “Deputy brand inspector II” defined. (NRS 565.040)  “Deputy brand inspector II” means a part-time or full-time hourly employee who:

     1.  Is appointed by the Administrator and confirmed by the Director;

     2.  Is certified by the Peace Officers’ Standards and Training Commission pursuant to NRS 289.550;

     3.  Has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure pursuant to subsection 3 of NRS 289.290;

     4.  Is responsible for brand inspection activities in local areas under the supervision of an agricultural enforcement officer II or agricultural enforcement officer III; and

     5.  Supervises each deputy brand inspector I assigned to the employee.

     (Added to NAC by Dep’t of Agriculture by R213-05, eff. 6-28-2006)

      NAC 565.053  “Director” defined. (NRS 565.040)  “Director” means the Director of the Department.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)—(Substituted in revision for NAC 565.045)

      NAC 565.055  “District” defined. (NRS 565.040)  “District” means a brand inspection district created by the Director pursuant to NRS 565.040.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.065  “Division” defined. (NRS 565.040)  “Division” means the Division of Livestock Identification of the Department.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.070  “Enforcement officer” defined. (NRS 565.040)  “Enforcement officer” means a deputy brand inspector II, agricultural enforcement officer II or agricultural enforcement officer III.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.072  “Inventory inspection” defined. (NRS 565.040)  “Inventory inspection” means a brand inspection of all livestock maintained as inventory by an owner of livestock.

     (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

      NAC 565.075  “Livestock movement permit” defined. (NRS 565.040)  “Livestock movement permit” means a permit granted pursuant to paragraph (b) of subsection 1 of NAC 565.220.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R142-10, 12-30-2011)

      NAC 565.077  “Public livestock auction” defined. (NRS 565.040)  “Public livestock auction” has the meaning ascribed to it in NRS 573.010.

     (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

      NAC 565.079  “Regular sale” defined. (NRS 565.040)  “Regular sale” means a sale conducted by the operator of a public livestock auction during a day set forth in a license issued to the operator by the Department pursuant to NRS 573.050.

     (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

      NAC 565.080  “Slaughter” defined. (NRS 565.040)  “Slaughter” includes slaughter on a ranch, slaughter for a person’s own use and slaughter in a licensed slaughterhouse.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.082  “Special sale” defined. (NRS 565.040)  “Special sale” means a sale conducted by the operator of a public livestock auction that is held on a day:

     1.  Which is not set forth in a license issued to the operator by the Department pursuant to NRS 573.050; and

     2.  For which the operator has obtained approval from the Director pursuant to NRS 573.170.

     (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

      NAC 565.085  “Time and place of change of ownership” defined. (NRS 565.040)  The time and place of “change of ownership” are the time and place where possession of the livestock passes to the new owner.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.150  Severability. (NRS 565.040)  The provisions of this chapter are severable. If any provision of this chapter or any application to any person, thing or circumstance is held invalid, the Department intends that such invalidity not affect the remaining provisions or applications to the extent that they can be given effect.

     (Added to NAC by Div. of Agriculture, eff. 11-3-97)

      NAC 565.200  Brand inspections: Requirements; places; times. (NRS 565.040)

     1.  Brand inspections are not required:

     (a) If the owner of the animals has a livestock movement permit, the animals are being moved within this State and there is no change of ownership or slaughter involved.

     (b) For the sale or transportation within this State of dairy breed calves under the age of 1 month.

     (c) For the transportation within this State of horses if the horses are accompanied by a current annual or lifetime horse permit or a livestock movement permit.

     2.  Unless excepted, brand inspections are required:

     (a) Before animals are moved out of this State and in all cases where a change of ownership or slaughter is involved.

     (b) Before animals are herded or trailed out of this State.

Ê If a deputy brand inspector I makes an exception to the requirements of this subsection, he or she shall immediately report the exception to the agricultural enforcement officer II or agricultural enforcement officer III supervising the area where the animals are located.

     3.  Animals for slaughter in a district will be inspected at the place of slaughter immediately before slaughter except as otherwise provided in this chapter.

     4.  Animals being moved out of this State by truck or trailer will be inspected at a site and time designated by the brand inspector.

     5.  Animals on which ownership is being changed will be inspected at a site and time designated by the brand inspector.

     6.  An owner of animals which are consigned to a regular sale or special sale will be charged for a brand inspection regardless of whether the animals are sold.

     7.  An owner of animals who intends to herd or trail the animals out of this State must give notice to the brand inspector at least 24 hours before the animals may be herded or trailed out of this State.

     8.  All brand inspections must be made during daylight hours or with adequate lighting under uncrowded conditions where the brand inspector is satisfied that he or she can identify all brands, marks, color and sex. Brands and marks on the animals must be recorded by the brand inspector on the brand inspection clearance certificate.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A 10-18-89; A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006; R142-10, 12-30-2011)

      NAC 565.210  Brand inspection districts. (NRS 565.040)

     1.  The areas designated as districts and assigned numbers by the Director are those areas and numbers marked on the following map:

 

     2.  A copy of the map may be obtained from the State Department of Agriculture, Division of Livestock Identification, 4780 East Idaho Street, Elko, Nevada 89801.

     (Added to NAC by Dep’t of Agriculture, eff. 10-16-86; A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.220  Special permits. (NRS 565.040, 565.070, 565.090)

     1.  The Director may issue special permits in the following specific instances:

     (a) Horse permit: The Director may make available an annual or lifetime permit for the movement of any horse that may be used in lieu of a brand inspection if the permittee:

          (1) Completes an application on a form provided by the Department; and

          (2) Pays for each horse:

               (I) A fee of $25 for an annual permit; or

               (II) A fee of $50 for a lifetime permit.

     (b) Livestock movement permit: The Director may issue a permit for the movement of livestock within this State. A livestock movement permit may be used to move livestock that have been branded with the brand of the permittee recorded with the Department pursuant to chapter 564 of NRS but have not been inspected by a brand inspector. A livestock movement permit is required for the movement of branded livestock across the boundaries of a district unless the livestock have been inspected by a brand inspector. Before moving livestock pursuant to a livestock movement permit, the permittee shall complete a statement on a form provided by the Department that includes, without limitation, the number of livestock being moved, a description of the livestock being moved, the brands and markings of the livestock being moved and the destination of the livestock being moved. The permittee shall carry a copy of the completed form during the movement of the livestock. Not more than 10 days after the movement of the livestock is completed, the permittee shall submit a copy of the completed form to the Department. A livestock movement permit is not valid for:

          (1) The transportation of livestock across the boundaries of this State;

          (2) Proof or change of ownership;

          (3) Slaughter;

          (4) The transportation of unbranded livestock, except unbranded calves and foals traveling as pairs or accompanied by proof of brand inspection or other proof of ownership;

          (5) The transportation of calves with brands that are not healed and peeled; or

          (6) Except as otherwise provided in subparagraph (4), any cattle not branded with the brand of the permittee recorded with the Department pursuant to chapter 564 of NRS.

     2.  The State Board of Agriculture shall establish a reasonable fee for the issuance of a special permit and shall post the amount of the fee on the Internet website maintained by the Department.

     3.  The Director may revoke a special permit specified in this section if the permit is used for a purpose other than the purpose for which it is issued.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A 10-18-89; A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R023-99, 11-18-99; R098-02, 9-20-2002; R213-05, 6-28-2006; R142-10, 12-30-2011)

      NAC 565.230  Fees. (NRS 565.040, 565.070)

     1.  Except as otherwise provided in this section and NAC 565.220, an owner of livestock must pay the following fees for the brand inspection of the livestock if the owner has given the brand inspector notice of at least 24 hours:

     (a) For the inspection of the first head of livestock, $10; and

     (b) For the inspection of each additional head of livestock, $1 per head.

     2.  An owner of horses must pay the following fees for the brand inspection of the horses if the owner has given the brand inspector notice of at least 24 hours and the inspection takes place at a location designated by the brand inspector:

     (a) For the first horse inspected, $10; and

     (b) For each additional horse inspected, $3 each.

     3.  If an owner of cattle requests a brand inspection and, before conducting the brand inspection, the brand inspector determines that a brand inspection of the cattle may be effectively conducted in the district and authorizes the owner of the cattle to bring the cattle to the brand inspector or to the office of the Division for the brand inspection, the owner must pay a fee of $1 for each head of cattle inspected.

     4.  In addition to any fees required to be paid pursuant to subsection 1 or 2, if an owner of livestock did not give the brand inspector notice of at least 24 hours or a brand inspection or reinspection is required because of a violation of a provision of chapter 564, 565, 566 or 569 of NRS or is conducted on a day that is a state holiday, the owner must pay:

     (a) For the travel time of the brand inspector from his or her duty station to the place of inspection and from the place of inspection to the duty station, $16 per hour.

     (b) For the time necessary for the brand inspector to conduct the inspection, $16 per hour.

     (c) For the mileage of the brand inspector to reach the place of inspection from his or her duty station and to reach the duty station from the place of inspection, the amount of mileage reimbursement that the brand inspector is entitled to receive from this State.

     5.  If a brand inspector has been assigned to inspect the brands of livestock at a regular sale, the amount of the brand inspection fee is:

     (a) For cattle, $1 per head of livestock consigned.

     (b) For horses:

          (1) Ten dollars for the first horse consigned by the owner; and

          (2) Three dollars for each additional horse consigned by the same owner.

     6.  If a brand inspector has been assigned to a special sale of livestock, the amount of the brand inspection fee is, in addition to the fees set forth in paragraphs (a) and (b) of subsection 5:

     (a) For the travel time of the brand inspector from his or her duty station to the place of inspection and from the place of inspection to the duty station, $16 per hour.

     (b) For the time necessary for the brand inspector to conduct the inspection, $16 per hour.

     (c) For the mileage of the brand inspector to reach the place of inspection from his or her duty station and to reach the duty station from the place of inspection, the amount of mileage reimbursement that the brand inspector is entitled to receive from this State.

Ê The fees set forth in this subsection must be paid on all consigned livestock regardless of whether the livestock are actually sold at the special sale.

     7.  If an owner of livestock requests an inventory inspection of the livestock, the owner must pay the following fees:

     (a) For each head of livestock inspected, 40 cents.

     (b) For the travel time of the brand inspector from his or her duty station to the place of inspection and from the place of inspection to the duty station, $16 per hour.

     (c) For the time necessary for the brand inspector to conduct the inspection, $16 per hour.

     (d) For the mileage of the brand inspector to reach the place of inspection from his or her duty station and to reach the duty station from the place of inspection, the amount of mileage reimbursement that the brand inspector is entitled to receive from this State.

     8.  All fees collected pursuant to this section must be forwarded biweekly to the Department together with the original brand inspection clearance certificate covering the inspection for which the fees were collected, unless prior arrangements have been made with the Administrator.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R097-02, 9-20-2002; R213-05, 6-28-2006; R142-10 & R097-11, 12-30-2011)

      NAC 565.300  Identifying and recording brands; impounding animals of undetermined ownership; checking prior transactions; reporting suspected violators; unbranded and freshly branded calves. (NRS 565.040, 565.155)

     1.  The current and immediate prior brands on an animal and additional brands at the discretion of the brand inspector must be recorded by the brand inspector on the brand inspection clearance certificate. If the brand inspector cannot clearly identify the brands, he or she shall clip the hair or take other measures as necessary to identify the animal.

     2.  If the ownership of the animal cannot be determined, the brand inspector shall impound the animal for further investigation.

     3.  The brand inspector shall check prior transactions by checking brand inspection records or consulting with the owners of prior brands to determine that the transactions were legal.

     4.  Suspected violators must be reported immediately to the agricultural enforcement officer II or agricultural enforcement officer III who is responsible for the area in which the brand inspection occurs.

     5.  A calf being sold or shipped without brands or without brands and marks healed and peeled must be inspected while paired with its mother immediately before sale or shipment. In the case of unbranded leppy calves or freshly branded calves:

     (a) A statement signed by the producer verifying ownership of the calves must be written on the brand inspection clearance certificate at the time of inspection; or

     (b) An affidavit of ownership must be completed by the producer or brand inspector and attached to the original brand inspection clearance certificate.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

      NAC 565.310  Enforcement; conflicts of interest. (NRS 565.040, 565.155)

     1.  The Director shall train, equip and instruct enforcement officers to stop vehicles carrying animals and verify that the transportation of animals complies with all regulations. The Division may inspect any animal at any location at any time when there is probable cause to believe that a theft may be in progress, or strays or the natural drifting of neighboring herds of animals may cause commingling of the animals or at any time a brand inspection may be in the best interest of the industry.

     2.  No employee may perform a brand inspection on any animal owned or to be purchased by the employee, his or her employer, any member of the employee’s household or his or her immediate family, or on any animal in which the employee, his or her employer, a member of the employee’s household or a member of his or her immediate family has any financial interest.

     [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77]—(NAC A by Div. of Agriculture, 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)