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

[Rev. 8/27/2018 12:26:54 PM]

[NAC-576 Revised Date: 8-18]

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” defined.

576.320 “Certified producer’s certificate” defined.

576.325 Exemption from requirements.

576.330 Application for certificate: Submission; contents.

576.340 Inspection of site indicated on application to verify production or storage of agricultural product; exceptions.

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

576.353 Amendment of certificate: Submission and contents of application; waiver of inspection; contents and period of validity of amended certificate.

576.356 Renewal of certificate: Submission and contents of application; waiver of inspection; period of validity of renewed 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 that is misrepresented.

576.420 Suspension, revocation or refusal to renew certificate.

576.440 Request for hearing.

CERTIFIED PRODUCE VENDOR’S CERTIFICATE

576.500 Definitions.

576.510 “Agricultural product” defined.

576.520 “Certified produce vendor’s certificate” defined.

576.530 Exemption from requirements.

576.540 Application for certificate: Submission; contents.

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

576.560 Amendment of certificate: Submission and contents of application; contents and period of validity of amended certificate.

576.570 Renewal of certificate: Submission and contents of application; period of validity of renewed certificate.

576.580 Availability of applications.

576.590 Maintenance of list of certificate holders.

576.600 Display of certificate.

576.610 Prohibited use of certificate.

576.620 Order to stop sale of agricultural product.

576.630 Suspension, revocation or refusal to renew certificate.

576.640 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 or her 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. The person 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. The person 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

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 the person’s 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 or her 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 receiving notice of the revocation, dispose of any alternative livestock he or she held under the authority of that permit.

(b) Shall not abandon, release, sell or transport any alternative livestock he or she 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 the holder of the permit 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 the holder of the permit discovers the loss, and identify the animal with another identification device within 7 days after making 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 or her 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;

(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 or her 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.

(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 discovering that any of the alternative livestock he or she 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” defined. (NRS 561.301, 576.128) “Agricultural product” includes, without limitation:

1. A crop grown in soil or any other medium;

2. An aquaculture product produced by aquatic farming, including, without limitation, fish, plants, crustaceans, amphibians, turtles, microorganisms or any product derived from any such fish, plant, crustacean, amphibian, turtle or microorganism;

3. Eggs; and

4. Honey.

(Added to NAC by Div. of Agriculture by R097-98, eff. 12-14-98; A by Dep’t of Agriculture by R086-15, 3-10-2016; R146-16, 1-27-2017)

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 or she is the actual producer of each agricultural product 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; R146-16, 1-27-2017)

NAC 576.325 Exemption from requirements. (NRS 561.301, 576.128) The following persons are exempt from the requirements set forth in NAC 576.300 to 576.440, inclusive:

1. A person who produces only organic agricultural products; and

2. A person who does not anticipate that he or she will offer for sale an agricultural product which he or she has produced.

(Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005; A by R086-15, 3-10-2016; R146-16, 1-27-2017)

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 site on which an agricultural product will be produced. For the purposes of this section, a separate application is required for each site on which an agricultural product will be produced, if the site is not contiguous to any other site on which an agricultural product will be produced.

2. The application must include, without limitation:

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

(b) The physical address of the site on which each agricultural product will be produced;

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

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

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

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

(g) If any agricultural product 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 site for each agricultural product listed on the application, designated in terms of acres or square feet, as applicable;

(i) A detailed map that indicates the location of the site on which any agricultural product listed pursuant to paragraph (c) will be produced; 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 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; R086-15, 3-10-2016; R146-16, 1-27-2017)

NAC 576.340 Inspection of site indicated on application to verify production or storage of agricultural product; exceptions. (NRS 561.301, 576.128)

1. Except as otherwise provided in subsection 2 or 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 site that is indicated on the application to verify the production of each agricultural product that is listed on the application or the existence in storage of each agricultural product that is listed on the application which has been harvested or produced, or both.

2. The Department may, in its discretion, waive the inspection required pursuant to subsection 1 for a certified producer of an agricultural product that is not meant for human consumption.

(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; R086-15, 3-10-2016; R146-16, 1-27-2017)

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 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 the certificate pursuant to NAC 576.353; and

(b) Renew the 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; R086-15, 3-10-2016; R146-16, 1-27-2017)

NAC 576.353 Amendment of certificate: Submission and contents of application; waiver of inspection; contents and period of validity of amended certificate. (NRS 561.301, 576.128)

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

(c) A detailed map that indicates the location of the site on which any additional agricultural product will be produced.

4. The Department may waive the inspection of the site 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, unless any agricultural product included on the application is substantially different from the agricultural products 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 that will be produced. 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; A by R086-15, 3-10-2016; R146-16, 1-27-2017)

NAC 576.356 Renewal of certificate: Submission and contents of application; waiver of inspection; period of validity of renewed certificate. (NRS 561.301, 576.128)

1. The holder of a certified producer’s certificate may renew the 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 site 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, unless:

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

(b) Any agricultural products included on the renewal application are substantially different from the agricultural products 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; A by R086-15, 3-10-2016; R146-16, 1-27-2017)

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 at 405 South 21st Street, Sparks, Nevada 89431, or by telephone at (775) 353-3601.

(Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005; R086-15, 3-10-2016)

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

1. For any agricultural product except an aquaculture product:

(a) For an application for an initial certified producer’s certificate and the inspection required pursuant to NAC 576.340 $50

(b) For the renewal of a certified producer’s certificate without an inspection..................... $30

(c) For the inspection of any site concerning an agricultural product except an aquaculture product 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:

(1) For each hour of inspection, calculated from the assigned office of the inspector, per hour $30

(2) For mileage, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax calculated from the assigned office of the inspector.

2. For an aquaculture product:

(a) For an application for an initial certified producer’s certificate and the inspection required pursuant to NAC 576.340........................................................................................................................................ $75

(b) For the renewal of a certified producer’s certificate without an inspection..................... $30

(c) For the inspection of any site concerning an aquaculture product 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:

(1) For each hour of inspection, calculated from the assigned office of the inspector, per hour $50

(2) For mileage, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax calculated from the assigned office of the inspector.

(Added to NAC by Dep’t of Agriculture by R125-05, eff. 10-31-2005; A by R086-15, 3-10-2016; R146-16, 1-27-2017)

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 the person is the producer of an agricultural product which he or she 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; R086-15, 3-10-2016; R146-16, 1-27-2017)

NAC 576.410 Order to stop sale of agricultural product 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 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 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; R146-16, 1-27-2017)

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 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; R146-16, 1-27-2017)

CERTIFIED PRODUCE VENDOR’S CERTIFICATE

NAC 576.500 Definitions. (NRS 576.1285) As used in NAC 576.500 to 576.640, inclusive, unless the context otherwise requires, the words and terms defined in NAC 576.510 and 576.520 have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.510 “Agricultural product” defined. (NRS 576.1285) “Agricultural product” has the meaning ascribed to it in NAC 576.310.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.520 “Certified produce vendor’s certificate” defined. (NRS 576.1285) “Certified produce vendor’s certificate” means a written document issued by the Department which indicates that the holder of the certificate has obtained certification that he or she is a vendor of each agricultural product which is listed on the certificate. A certified produce vendor’s certificate must not include nursery stock or ornamentals.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.530 Exemption from requirements. (NRS 576.1285)

1. A person who holds a certified producer’s certificate who sells or intends to sell only the agricultural products listed on that certificate is exempt from the provisions set forth in NAC 576.500 to 576.640, inclusive.

2. As used in this section, “certified producer’s certificate” has the meaning ascribed to it in NAC 576.320.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.540 Application for certificate: Submission; contents. (NRS 576.1285)

1. To obtain a certified produce vendor’s certificate, a person must submit an application to the Department, on a form prescribed by the Department.

2. The application must include, without limitation:

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

(b) A list of each agricultural product which the applicant anticipates that he or she will offer for sale during the 12 months for which the certificate is valid.

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

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.550 Issuance, contents and period of validity of certificate; application for amendment or renewal. (NRS 576.1285)

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

2. A certified produce vendor’s certificate must list each agricultural product that is to be offered for sale by the holder of the certificate.

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

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

(a) Amend his or her certificate pursuant to NAC 576.560; and

(b) Renew his or her certificate pursuant to NAC 576.570.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.560 Amendment of certificate: Submission and contents of application; contents and period of validity of amended certificate. (NRS 576.1285)

1. If the holder of a certified produce vendor’s certificate wishes to add an agricultural product to those listed on his or her certificate, he or she must submit to the Department, on a form prescribed by the Department, a separate application to amend the certificate for each additional agricultural product that will be sold.

2. Except as otherwise provided in this subsection, if a holder of a certified produce vendor’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 sale of any additional agricultural product. 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 576.540; and

(b) An identification of each additional agricultural product that will be sold.

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

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.570 Renewal of certificate: Submission and contents of application; period of validity of renewed certificate. (NRS 576.1285)

1. The holder of a certified produce vendor’s certificate may renew his or her 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 produce vendor’s certificate wishes to renew the certificate, the holder must submit the application for renewal at least 30 days before the certified produce vendor’s certificate expires. The Department may, in its discretion, waive the requirements set forth in this subsection.

3. The application for renewal must include the information required pursuant to subsection 2 of NAC 576.540.

4. Upon approval of the application for renewal, the Department will issue a renewed certified produce vendor’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 R086-15, eff. 3-10-2016)

NAC 576.580 Availability of applications. (NRS 576.1285) An application for a certified produce vendor’s certificate, an application to amend a certified produce vendor’s certificate and an application to renew a certified produce vendor’s certificate may be obtained, free of charge, from the State Department of Agriculture at 405 South 21st Street, Sparks, Nevada 89431, or by telephone at (775) 353-3601.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.590 Maintenance of list of certificate holders. (NRS 576.1285) The Department will maintain a list of each person to whom the Department has issued a certified produce vendor’s certificate.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.600 Display of certificate. (NRS 576.1285) A person who holds a certified produce vendor’s certificate must prominently display the certificate at all times while any agricultural products are displayed or otherwise offered for sale.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.610 Prohibited use of certificate. (NRS 576.1285) A person shall not use a certified produce vendor’s certificate to claim or imply that he or she is the producer of an agricultural product which he or she did not grow or produce.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.620 Order to stop sale of agricultural product. (NRS 576.1285) The Director may issue a written order to stop the sale of an agricultural product if the produce vendor does not hold a valid certified produce vendor’s certificate issued by the Department that lists the product being displayed or offered for sale by the produce vendor.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.630 Suspension, revocation or refusal to renew certificate. (NRS 576.1285) The Department may suspend, revoke or refuse to renew a certified produce vendor’s certificate issued to a person pursuant to NAC 576.540 if the Department determines that the person violated the provisions of NAC 576.500 to 576.640, inclusive.

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)

NAC 576.640 Request for hearing. (NRS 576.1285) A person:

1. Who is issued a written order to stop the sale of an agricultural product pursuant to NAC 576.620; or

2. Whose certified produce vendor’s certificate has been suspended or revoked or has not been renewed pursuant to NAC 576.630,

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

(Added to NAC by Dep’t of Agriculture by R086-15, eff. 3-10-2016)