Assembly Bill No. 75–Committee on Natural Resources,
Agriculture, and Mining

 

CHAPTER..........

 

AN ACT relating to agriculture; revising the provisions governing the certification of organic agricultural products; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 587 of NRS is hereby amended by adding

thereto a new section to read as follows:

    “Agricultural product” has the meaning ascribed to it in 7

U.S.C. § 6502, as that section existed on July 1, 2003.

    Sec. 2.  NRS 587.700 is hereby amended to read as follows:

    587.700  As used in NRS 587.700 to [587.850,] 587.830,

inclusive, and section 1 of this act, unless the context otherwise

requires, the words and terms defined in NRS [587.720 to 587.790,

inclusive,] 587.740, 587.750 and 587.780 and section 1 of this act

have the meanings ascribed to them in those sections.

    Sec. 3.  NRS 587.750 is hereby amended to read as follows:

    587.750  “Handler” [means a person who processes, packages,

stores, transports or sells animal or vegetable products. The term

does not include a final retailer who does not process animal or

vegetable products.] has the meaning ascribed to it in 7 U.S.C. §

6502, as that section existed on July 1, 2003.

    Sec. 4.  NRS 587.780 is hereby amended to read as follows:

    587.780  “Producer” [means a person who engages in the

business of growing or producing an animal or vegetable product.]

has the meaning ascribed to it in 7 U.S.C. § 6502, as that section

existed on July 1, 2003.

    Sec. 5.  NRS 587.800 is hereby amended to read as follows:

    587.800  1.  The Director [shall] may establish a program for

the certification of producers and handlers of organic agricultural

products. [The program must include all vegetable products and

may include animal products.

    2.  The]

    2.  If such a program is established, the Governor and the

Director shall submit the program to the Secretary of Agriculture for

approval[.] pursuant to the Federal Act.

    Sec. 6.  NRS 587.810 is hereby amended to read as follows:

    587.810  1.  An Advisory Council for Organic Agricultural

Products is hereby created in the Department. The Advisory Council

consists of:

    (a) Four members who are producers or handlers of organic

agricultural products;

    (b) One member who is a purchaser, consumer, or wholesale or

retail seller of organic agricultural products; and

    (c) One member who represents an agricultural interest other

than organic agricultural products.

    2.  The Director shall nominate members for the Advisory

Council, and the State Board of Agriculture shall appoint the

members.

    3.  The Advisory Council [shall advise] may:

    (a) Advise the Director and the State Board of Agriculture

concerning the [administration of] provision of information and

educational services to the public and to producers and handlers

of organic agricultural products concerning the program for the

certification of producers and handlers of organic agricultural

products[.] established by the Director pursuant to NRS 587.800,

if such a program is established; and

    (b) Provide information and educational services to the public

and to producers and handlers of organic agricultural products.

    Sec. 7.  NRS 587.820 is hereby amended to read as follows:

    587.820  1.  The State Board of Agriculture shall appoint three

of the first members of the Advisory Council for Organic

Agricultural Products for terms of 2 years and three for terms of 3

years. After the expiration of the initial term, the term of office of

each member is 3 years. A vacancy must be filled, for the unexpired

term, by appointment of a member whose qualifications are the

same as those of the member replaced. The Advisory Council shall

elect a Chairman and Vice Chairman from among its members. The

Director shall provide appropriate secretarial support and a place for

the meetings of the Advisory Council.

    2.  The Advisory Council shall meet at least [quarterly,]

annually, upon the call of the Director or the Chairman. A majority

of the members appointed to the Advisory Council constitutes a

quorum.

    3.  For each day or portion of a day necessarily spent on the

business of the Advisory Council, each member is entitled to

receive:

    (a) Compensation, to be fixed by regulation of the State Board

of Agriculture, which must not exceed $80 per day; and

    (b) The per diem allowance and travel expenses provided for

state officers and employees generally.

    Sec. 8.  NRS 587.830 is hereby amended to read as follows:

    587.830  [The] If the Director establishes a program for the

certification of producers and handlers of organic agricultural

products pursuant to NRS 587.800, the State Board of Agriculture

shalladopt appropriate regulations [for] :

    1.  For the administration of the program [for the certification

of organic agricultural products, including:

    1.] , including, without limitation:

    (a) Standards for the analysis[, inspection and certification] and

inspection of organic agricultural products;

    [2.] (b) Records required of producers and handlers of organic

agricultural products;

    [3.] (c) Standards for the certification of producers and handlers

of organic agricultural products;

    [4.  Lists of approved and prohibited substances for use in the

production and handling of organic agricultural products;

    5.] (d) Requirements for the use of a seal of approval for

organic agricultural products produced in this state ; and [standards

for labeling those products; and

    6.] (e) A schedule of fees for initial certification and

[inspection] for continued certification as a producer or handler of

organic agricultural products.

    2.  As necessary for the enforcement of the program,

including, without limitation:

    (a) Standards for the registration of producers and handlers of

organic agricultural products; and

    (b) A schedule of fees for initial registration and for continued

registration of producers and handlers of organic agricultural

products.

    Sec. 9.  NRS 587.720, 587.730, 587.760, 587.770, 587.790,

587.840 and 587.850 are hereby repealed.

    Sec. 10.  This act becomes effective on July 1, 2003.

 

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