2005 Nevada Revised Statutes - Chapter 554 — Quarantines of Agricultural Commodities

CHAPTER 554 - QUARANTINES OF AGRICULTURALCOMMODITIES

GENERAL PROVISIONS

NRS 554.010 Definitions.

NRS 554.011 Agriculturalcommodity defined.

NRS 554.012 Exportationdefined.

NRS 554.013 Farmdefined.

NRS 554.014 Importationdefined.

NRS 554.015 Noxiousweed defined.

NRS 554.016 Vertebratepest defined.

INTERSTATE QUARANTINE

NRS 554.020 StateQuarantine Officers power to proclaim and enforce quarantine; quarantineeffective until vacation order.

NRS 554.030 Permissibleprovisions; amendments.

NRS 554.040 Certifiedcopies of quarantine to be delivered to certain officers.

NRS 554.050 Administration;cooperation with state and federal officers.

NRS 554.060 Destruction,treatment or shipment out of State of agricultural commodity imported ortransported through State in violation of quarantine.

NRS 554.070 Unlawfulimportation or transportation in violation of quarantine.

NRS 554.080 Criminalproceedings: Proof of disease or exposure to disease.

NRS 554.085 Civilpenalties.

NRS 554.090 Criminalpenalties.

INTRASTATE QUARANTINE

NRS 554.110 StateQuarantine Officers power to proclaim and enforce quarantine.

NRS 554.120 Investigation;proclamation; effective until vacated.

NRS 554.130 Certifiedcopies of quarantine to be delivered to certain persons; publication ofproclamation.

NRS 554.140 Administrationby State Quarantine Officer; enforcement by peace officers.

NRS 554.150 Cooperationwith federal authorities.

NRS 554.160 Powersof State Quarantine Officer.

NRS 554.170 Fumigation,disinfection, treatment or destruction of agricultural commodities.

NRS 554.180 Procedurefor indemnification for loss by destruction.

NRS 554.190 Costsof fumigation, disinfection or treatment.

NRS 554.200 Appointmentof deputy state quarantine officers; attachments against inspected agriculturalcommodities.

NRS 554.210 Employmentof deputy state quarantine officers by counties.

NRS 554.220 Civilliability of carriers transporting quarantined agricultural commodities;limitation of actions.

NRS 554.230 Criminalproceedings: Proof of disease, exposure to disease or infestation.

NRS 554.240 Penalty.

_________

GENERAL PROVISIONS

NRS 554.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS554.011 to 554.016, inclusive, havethe meanings ascribed to them in those sections.

[Part 2:99:1927; NCL 427](NRS A 1961, 515; 2001, 696)

NRS 554.011 Agriculturalcommodity defined. Agricultural commoditymeans any bee, agricultural or horticultural crop, seed, plant, tree or shrub,or any manufactured product thereof, or other product of the soil, or anyarticle except livestock.

(Added to NRS by 2001, 696)

NRS 554.012 Exportationdefined. Exportation means the transportationof any agricultural commodity by any railroad, express company or other commoncarrier, or by any person as baggage or by vehicle or automobile, or thepermitting to run at large of the agricultural commodity.

(Added to NRS by 2001, 696)

NRS 554.013 Farmdefined. Farm includes any farm, stockrange, stockyard, dairy, lot and other premises not otherwise enumerated.

(Added to NRS by 2001, 696)

NRS 554.014 Importationdefined. Importation means the transportationor movement of any agricultural commodity into this State by any railroad, expresscompany, truckline or other common carrier, or by any person by vehicle,automobile or otherwise.

(Added to NRS by 2001, 696)

NRS 554.015 Noxiousweed defined. Noxious weed has the meaningascribed to it in NRS 555.005.

(Added to NRS by 2001, 696)

NRS 554.016 Vertebratepest defined. Vertebrate pest has the meaningascribed to it in NRS 555.005.

(Added to NRS by 2001, 696)

INTERSTATE QUARANTINE

NRS 554.020 StateQuarantine Officers power to proclaim and enforce quarantine; quarantineeffective until vacation order.

1. The State Quarantine Officer may proclaim andenforce a quarantine against any state, territory or district, or any portionof any state, territory or district, relating to the importation into ortransportation through this State of any agricultural commodity, burlap,container or other packing material that:

(a) Is infected with, or which may have been exposed toinfection with, any contagious or destructive disease, or infested with orexposed to infestation with a parasite, noxious weed, weed seed, propagatingpart of a plant, or vertebrate or invertebrate pest, or the eggs or larvaethereof; and

(b) Is dangerous to:

(1) The public health or quality of any water inthis State; or

(2) Any wildlife, beneficial use of land in orindustry of this State.

2. A quarantine must not be issued pursuant to theprovisions of NRS 554.020 to 554.090, inclusive, if the issuance of thequarantine will conflict with the provisions of the Constitution of the UnitedStates or any act of the Congress of the United States.

3. The quarantine remains effective until vacated byan order of the State Quarantine Officer.

[1:99:1927; NCL 426](NRS A 1957, 183; 1961, 516; 2001, 696)

NRS 554.030 Permissibleprovisions; amendments.

1. Any quarantine issued under the provisions of NRS 554.020 to 554.090, inclusive, may:

(a) Consist of a complete embargo against theimportation into or transportation through the State of any agriculturalcommodity so quarantined against; or

(b) Provide for the importation into or transportationthrough the State of such agricultural commodity under such rules andregulations as may be set forth and prescribed in the quarantine at the timethe same is issued.

2. Any quarantine issued under the provisions of NRS 554.020 to 554.090, inclusive, shall remain fully inforce and effect until dissolved or modified by the State Quarantine Officer,provided:

(a) That the State Quarantine Officer may amend fromtime to time any quarantine so issued; and

(b) That any such amendments shall be general in theirapplication and shall not apply to any individual shipment or importation.

[3:99:1927; NCL 428](NRS A 1961, 516)

NRS 554.040 Certifiedcopies of quarantine to be delivered to certain officers. When a quarantine is declared as provided in NRS 554.020 to 554.090, inclusive, against the importationinto or transportation through this State of any agricultural commodity fromany other state, territory or district, or any portion or portions thereof, acertified copy of such quarantine shall be personally delivered by the StateQuarantine Officer or his representative, or mailed by certified or registeredmail, to each of the following:

1. The governor or the proper quarantine official ofsuch state, territory or district.

2. The United States quarantine official havingjurisdiction over the same character of quarantine.

3. The state agent or other qualified official of anyinterstate railroad, express company or other common carrier doing businesswithin this State.

[4:99:1927; NCL 429](NRS A 1961, 516)

NRS 554.050 Administration;cooperation with state and federal officers.

1. The State Quarantine Officer is designated theauthority to administer NRS 554.020 to 554.090, inclusive.

2. Insofar as practicable, the State QuarantineOfficer, in carrying out the provisions of NRS554.020 to 554.090, inclusive, shallcooperate with the federal authorities and the quarantine officials of theseveral states, territories and districts.

[5:99:1927; NCL 430] + [8:99:1927; NCL 433](NRSA 1961, 517)

NRS 554.060 Destruction,treatment or shipment out of State of agricultural commodity imported ortransported through State in violation of quarantine.

1. Any agricultural commodity imported into or beingtransported through this State in violation of any quarantine issued pursuantto the provisions of NRS 554.020 to 554.090, inclusive, must be immediatelyseized by the State Quarantine Officer or his authorized representative andtreated in a manner approved by the State Quarantine Officer, or destroyed orsent out of the State within 48 hours, at the option and expense of the ownerthereof.

2. If an agricultural commodity is seized by the StateQuarantine Officer pursuant to the provisions of subsection 1 and the movementof the agricultural commodity to a point outside of the State would furtherendanger:

(a) The public health or quality of any water in thisState; or

(b) Any wildlife, beneficial use of land in or industryof this State,

theagricultural commodity seized by the State Quarantine Officer must be destroyedas provided in subsection 1.

[Part 6:99:1927; NCL 431](NRS A 1961, 517; 2001, 697)

NRS 554.070 Unlawfulimportation or transportation in violation of quarantine. It shall be unlawful for any railroad, express company orother common carrier, or any person or persons, to import into or transportthrough the State of Nevada any agricultural commodity in violation of theprovisions of NRS 554.020 to 554.090, inclusive, or to make delivery ofany such commodity to any person or persons within the limits of this State.

[Part 6:99:1927; NCL 431]

NRS 554.080 Criminalproceedings: Proof of disease or exposure to disease. Inany criminal proceeding arising under NRS554.020 to 554.090, inclusive, proofthat any commodity, prohibited by proclamation of quarantine from importationinto or transportation through this State, was imported into or transportedthrough this State in violation of such quarantine shall be deemed proof withinthe meaning of NRS 554.020 to 554.090, inclusive, that the same wasdiseased, exposed to disease or infested, or exposed to infestation.

[Part 2:99:1927; NCL 427]

NRS 554.085 Civilpenalties.

1. In addition to any criminal penalty that may beimposed pursuant to NRS 554.090, anycorporation, common carrier, agent or employee of any corporation, or any otherperson violating or assisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, or any regulationadopted pursuant thereto, is liable for a civil penalty for each violation notto exceed:

(a) For the first violation, $1,500;

(b) For the second violation, $3,000; and

(c) For each subsequent violation, $5,000.

2. If a defendant is convicted of violating any of theprovisions of NRS 554.020 to 554.090, inclusive, or any regulationadopted pursuant thereto, the court shall order the defendant to pay a civilpenalty pursuant to subsection 1. The court shall fix the manner and time ofpayment.

3. All penalties collected pursuant to this sectionmust be deposited with the State Treasurer for credit to the State GeneralFund.

(Added to NRS by 1997, 81; A 2003, 531)

NRS 554.090 Criminalpenalties. Any corporation, common carrier,agent or employee of any corporation, or any other person violating orassisting in violating any of the provisions of NRS 554.020 to 554.090, inclusive, is guilty of a grossmisdemeanor and shall be punished by imprisonment in the county jail for notmore than 1 year, or by a fine of not more than $5,000, or by both fine andimprisonment. The prosecuting attorney and the State Department of Agriculturemay recover the costs of the proceeding, including investigative costs, againsta person convicted of a gross misdemeanor pursuant to this section.

[7:99:1927; NCL 432](NRS A 1967, 611; 1997, 82)

INTRASTATE QUARANTINE

NRS 554.110 StateQuarantine Officers power to proclaim and enforce quarantine. The State Quarantine Officer may proclaim and enforce aquarantine against any county or portion of any county, farm, nursery or apiarywithin this State, relating to the exportation from the county, farm, nurseryor apiary to any other portion of the State, of any agricultural commoditythat:

1. Is infected with, or which may have been exposedto, an infectious, contagious or destructive disease or infested with aparasite, noxious weed, weed seed, propagating part of a plant, or vertebrateor invertebrate pest, or the eggs or larvae thereof; and

2. Is dangerous to:

(a) The public health or quality of any water in thisState; or

(b) Any wildlife, beneficial use of land in or industryof this State.

[Part 1:280:1913; 1919 RL p. 2625; NCL 436](NRS A1961, 517; 2001, 697)

NRS 554.120 Investigation;proclamation; effective until vacated.

1. If it appears to the State Quarantine Officer that:

(a) The public health or quality of any water in thisState; or

(b) Any wildlife, beneficial use of land in or industryof this State,

isendangered by exportations of any agricultural commodity to any portion of theState from any county, portion of any county, farm, nursery or apiary withinthe State, he shall immediately take steps to ascertain the facts thereof.

2. If in the opinion of the State Quarantine Officerthe facts so warrant, he shall by proclamation declare that county, or portionof that county, farm, nursery or apiary quarantined from exportations of anysuch agricultural commodity to any other portion of the State.

3. The quarantine remains effective until vacated byan order of the State Quarantine Officer.

[Part 2:280:1913; A 1915, 332; 1919 RL p. 2626; NCL 437](NRS A 1961, 518; 2001,698)

NRS 554.130 Certifiedcopies of quarantine to be delivered to certain persons; publication ofproclamation.

1. When quarantine is declared against any county, orportion of any county, farm, nursery or apiary within the state, forbiddingexportations therefrom of any commodity, a certified copy of the proclamationshall be mailed by registered mail to each of the following:

(a) The sheriff.

(b) The chairman of the board of county commissioners.

(c) The county clerk.

2. If a single farm, nursery or apiary is quarantined,a certified copy of the proclamation shall be mailed by registered or certifiedmail to the owner or resident manager thereof.

3. The State Quarantine Officer may, in hisdiscretion, as notice to all concerned, cause a copy of such proclamation to bepublished in some newspaper of general circulation published within the county,once a week for 4 consecutive weeks, unless the quarantine is sooner raised.

[5:280:1913; 1919 RL p. 2626; NCL 439](NRS A 1961,518; 1969, 95)

NRS 554.140 Administrationby State Quarantine Officer; enforcement by peace officers.

1. The State Quarantine Officer is responsible forcarrying out the provisions of NRS 554.110to 554.240, inclusive.

2. The sheriff and all peace officers of any county,if called upon by the State Quarantine Officer, shall aid and assist him in theenforcement of a quarantine and in the arrest of any person accused ofviolating the quarantine. The district attorney of any county in which anyperson is charged with a misdemeanor pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall prosecute themisdemeanor.

[9:280:1913; 1919 RL p. 2628; NCL 443] + [Part15:280:1913; added 1915, 332; A 1927, 216; NCL 445](NRS A 1961, 518; 1967,178; 2001, 698)

NRS 554.150 Cooperationwith federal authorities. Insofar aspracticable, the State Quarantine Officer, in directing the enforcement ofquarantine, shall cooperate with federal authorities.

[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL 441](NRS A 1961, 518)

NRS 554.160 Powersof State Quarantine Officer.

1. The State Quarantine Officer may:

(a) Exercise all necessary authority required for theproper and efficient enforcement of a quarantine.

(b) Make arrests of persons violating a quarantine, orsuspected of such a violation.

(c) Examine any premises or any shipment or consignmentsuspected of containing a quarantined agricultural commodity within the meaningof NRS 554.110 to 554.240, inclusive, and may open anycontainer thereof and inspect the contents of the container.

2. If such a shipment or consignment proves to be aquarantined agricultural commodity, the State Quarantine Officer may requireany railroad, express company or other common carrier immediately to reship theconsignment back to the point of origin, if the consignment has not yet beendelivered to the consignee. The failure or refusal of any railroad company,express company or other common carrier promptly to do so renders the companyor carrier so offending liable for a fine of not more than $5,000, which fine maybe collected by proceedings instituted by the State and prosecuted by theAttorney General in any court of competent jurisdiction. Any property of thedefendant within the State may be levied on and sold in satisfaction of thejudgment.

[Part 7:280:1913; A 1915, 332; 1919 RL p. 2627; NCL 441](NRS A 1961, 518; 1967, 612; 2001, 698)

NRS 554.170 Fumigation,disinfection, treatment or destruction of agricultural commodities. If, in the opinion of the State Quarantine Officer, anyagricultural commodity forbidden to be exported by any proclamation of aquarantine is endangering:

1. The public health or quality of any water in thisState; or

2. Any wildlife, beneficial use of land in or industryof this State,

theagricultural commodity may be fumigated, disinfected, treated or destroyed bythe State Quarantine Officer.

[Part 8:280:1913; 1919 RL p. 2627; NCL 442](NRS A1961, 519; 2001, 699)

NRS 554.180 Procedurefor indemnification for loss by destruction.

1. Any property ordered to be destroyed, if acquiredby the owner and the same came into his possession prior to the date of the proclamationof quarantine, before being destroyed shall be appraised as to its value by twodisinterested appraisers, one to be appointed by the owner, or if he is absent,by his agent, manager or foreman, and one by the State Quarantine Officer. Ifthe two so chosen cannot agree, they shall name a third appraiser. If they areunable to agree upon a third appraiser, the State Quarantine Officer may namesome disinterested person to name a third appraiser.

2. Two of the three persons so named as appraisers agreeingupon the valuation of the property destroyed, the valuation shall be final.

3. The valuation so appraised shall be divided intothree equal parts, one part of which the owner shall lose. One part shall bepaid to the owner by the county wherein the property is situated by order ofthe board of county commissioners from the county general fund upon receipt ofa certified copy of the appraisement. Payment from the county general fundshall be in the same manner as payment of other bills against the county ismade. One part shall be paid to the owner by the Department upon receipt of acertified copy of the appraisement attested by the State Quarantine Officer.

4. No property destroyed under the provisions of NRS 554.170 and this section, if acquiredor the same came into the possession of the owner after the date of theproclamation of quarantine, shall be subject to such part payment by the countyor by the Department.

[Part 8:280:1913; 1919 RL p. 2627; NCL 442](NRS A1961, 519)

NRS 554.190 Costsof fumigation, disinfection or treatment.

1. All costs of fumigation, disinfection or treatmentordered to be performed by the State Quarantine Officer shall be borne by theowner of the agricultural commodity.

2. The owner or, in his absence, his agent, manager orforeman, shall perform the fumigation, disinfection or treatment promptly andexactly as instructed and not otherwise. The refusal or neglect so to do shallbe a misdemeanor.

3. In the case of refusal or neglect by the owner,agent, manager or foreman to perform the fumigation, disinfection or treatmentas instructed, the State Quarantine Officer or any person deputized by him mayenter upon the premises and perform the fumigation, disinfection or treatment.All the costs thereof shall attach as a lien against any property of the ownerwithin the State. On the neglect or refusal of the owner promptly to pay thesame on presentation of an itemized bill certified to by the State QuarantineOfficer or his deputy, the district attorney of the county shall forthwithproceed to levy an attachment against any property of the owner within theState for the amount due plus the costs of legal proceedings, and shall proceedto collect the same by foreclosure proceedings.

[Part 8:280:1913; 1919 RL p. 2627; NCL 442](NRS A1961, 520; 1967, 612)

NRS 554.200 Appointmentof deputy state quarantine officers; attachments against inspected agriculturalcommodities.

1. Whenever the exportation of any agriculturalcommodities is restricted by any quarantine proclamation or regulation of theState of Nevada, or of any other state or territory, or of the United StatesGovernment or any other authority empowered to issue such quarantine or regulation,the State Quarantine Officer may appoint such properly qualified deputies asmay be necessary to inspect such commodities.

2. If exportation is not prohibited by law orquarantine regulation, the deputy state quarantine officers may issue certificatespermitting the exportation of agricultural commodities.

3. If any such inspection is requested by the owner,shipper or person in charge of any such agricultural commodity and discontinuedfor any reason before its completion, an equitable proportion of the total costtherefor, had the same been completed, shall immediately be payable andcollectible as provided in subsection 4.

4. On the neglect or refusal of the owner, shipper orperson in charge of any inspected agricultural commodity to pay the chargesprescribed in this section, on presentation of an itemized bill covering thesame, the district attorney of the county shall forthwith proceed to levy anattachment against the agricultural commodity so inspected for the amount dueplus the costs of legal proceedings, and shall collect the same by legalproceedings.

[16:280:1913; added 1923, 177; NCL 446](NRS A1961, 520)

NRS 554.210 Employmentof deputy state quarantine officers by counties.

1. Whenever any county or portion of any county isunder quarantine by the State of Nevada, or any other state or territory, orthe United States Government, or any other authority empowered to issue suchquarantine, the board of county commissioners may employ for such period as theboard deems necessary upon a salary basis one or more deputy state quarantineofficers provided for in NRS 554.200. Noperson shall be employed by any county in such a capacity who has not been appointeda deputy state quarantine officer by the State Quarantine Officer. The StateQuarantine Officer shall have the authority to cancel the appointment at anytime, which cancellation shall automatically terminate such employment by thecounty.

2. Whenever a deputy state quarantine officer isemployed by any county as provided in subsection 1, any inspection fees set asprovided in NRS 554.200 shall becollected as therein provided and turned into the county treasury of the countyemploying such deputy state quarantine officer.

[17:280:1913; added 1923, 177; NCL 447]

NRS 554.220 Civilliability of carriers transporting quarantined agricultural commodities;limitation of actions.

1. Any railroad company, express company or othercommon carrier which shall carry, haul or transport from any county, portion ofany county, farm, nursery or apiary within the state, under quarantine, to anyother part of the state, any agricultural commodity forbidden to be so exportedshall be liable for any damages occurring by reason of such exportation.

2. Such damages may be recovered by an action againstthe railroad company, express company or common carrier brought in any court ofcompetent jurisdiction within 2 years after the date of such offense oroffenses, if more than one. Such action shall be instituted in the name of theState, for and on behalf of the person, firm or corporation suffering injury,and the Attorney General shall prosecute the same.

[Part 6:280:1913; 1919 RL p. 2626; NCL 440](NRS A1961, 521)

NRS 554.230 Criminalproceedings: Proof of disease, exposure to disease or infestation. In any criminal proceeding arising under NRS 554.110 to 554.240, inclusive, proof that anyagricultural commodity, forbidden by a proclamation of a quarantine fromexport, was exported in violation of the quarantine shall be deemed proof,within the meaning of NRS 554.110 to 554.240, inclusive, that the agriculturalcommodity was diseased, exposed to disease or infested.

[Part 1:280:1913; 1919 RL p. 2625; NCL 436](NRS A1961, 521; 2001, 699)

NRS 554.240 Penalty. Any person, or any officer, agent or employee of anycorporation, who shall export, or who shall assist in exporting, as a principalor accessory, any agricultural commodity forbidden to be exported by anyproclamation of quarantine shall be guilty of a misdemeanor.

[Part 6:280:1913; 1919 RL p. 2626; NCL 440](NRS A1961, 521; 1967, 612)