2005 Nevada Revised Statutes - Chapter 556 — Garlic and Onions

CHAPTER 556 - GARLIC AND ONIONS

NRS 556.010 Definitions.

NRS 556.020 Garlicand Onion Growers Advisory Board: Creation; membership.

NRS 556.030 Garlicand Onion Growers Advisory Board: Service of members without pay.

NRS 556.040 Garlicand Onion Growers Advisory Board: Powers.

NRS 556.050 Garlicand Onion Growers Advisory Board: Deposit of gifts or grants of money.

NRS 556.060 Powersof State Board of Agriculture; money to carry out chapter.

NRS 556.070 Assessments:Imposition and collection; deposit of proceeds.

NRS 556.080 Assessments:Payment.

NRS 556.090 Assessments:Civil penalty.

NRS 556.100 Assessments:Nature of debt; civil action for recovery.

NRS 556.110 Criminalpenalty.

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NRS 556.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Advisory Board means the Garlic and OnionGrowers Advisory Board.

2. Department means the State Department ofAgriculture.

3. Grower means any landowner personally engaged ingrowing garlic or onions, or a landowner and his tenant jointly, and includes anatural person, partnership, association, corporation, cooperativeorganization, trust, sharecropper and all other business units, devises orarrangements that grow garlic or onions.

(Added to NRS by 1995, 1597; A 1999, 3654)

NRS 556.020 Garlicand Onion Growers Advisory Board: Creation; membership.

1. The Garlic and Onion Growers Advisory Board,consisting of five members, is hereby created.

2. Two members of the Advisory Board must be:

(a) Citizens of the United States;

(b) Residents of the State of Nevada; and

(c) Garlic growers actively engaged in the growing andproducing of garlic in the State of Nevada who derive a substantial portion oftheir annual income from growing garlic.

3. Two members of the Advisory Board must be:

(a) Citizens of the United States;

(b) Residents of the State of Nevada; and

(c) Onion growers actively engaged in the growing andproducing of onions in the State of Nevada who derive a substantial portion oftheir annual income from growing onions.

4. One member of the Advisory Board must be a citizenof the United States and be:

(a) Actively engaged in the industry of processinggarlic or onions;

(b) A member of an association which represents theinterests of persons actively engaged in the industry of processing garlic oronions; or

(c) Actively engaged in the research of garlic oronions.

(Added to NRS by 1995, 1598; A 2003, 581)

NRS 556.030 Garlicand Onion Growers Advisory Board: Service of members without pay. The members of the Advisory Board serve without pay.

(Added to NRS by 1995, 1598)

NRS 556.040 Garlicand Onion Growers Advisory Board: Powers. TheAdvisory Board may:

1. Elect a Chairman and such other officers from itsmembers as it deems advisable.

2. Prepare a budget covering anticipated income andexpenses for utilization of the money deposited to the Garlic and OnionResearch and Promotion Account.

3. Adopt procedures for filing with the Advisory Boardany proposed garlic or onion research project or market-promotion project.

4. Prepare and present to the State Board ofAgriculture a program for research in the production, harvesting, processing,distribution and market promotion of garlic and onions. The program mustcontain a recommendation of a natural person or agency to conduct or manageeach project, the time period for each project and the budget allocation forthe project.

5. Adopt regulations establishing the conditions, ifany, under which a member of the Advisory Board is entitled to claim a per diemallowance.

(Added to NRS by 1995, 1598)

NRS 556.050 Garlicand Onion Growers Advisory Board: Deposit of gifts or grants of money. All gifts or grants of money which the Advisory Board isauthorized to accept must be deposited with the State Treasurer for credit tothe Garlic and Onion Research and Promotion Account.

(Added to NRS by 1995, 1599)

NRS 556.060 Powersof State Board of Agriculture; money to carry out chapter.

1. The State Board of Agriculture may:

(a) Appoint the members of the Advisory Board, fixtheir terms of office and fill all vacancies.

(b) Establish procedures for the Nevada garlic andonion industry to recommend persons for appointment to the Advisory Board.

(c) Administer, enforce and control the collection ofassessments levied for the Garlic and Onion Research and Promotion Account.

(d) Authorize payments from the Garlic and OnionResearch and Promotion Account upon the recommendation of the Advisory Board.

(e) Contract with natural persons or agencies for theconduct or management of research projects and market-promotion projects.

(f) Adopt regulations to carry out the provisions ofthis chapter.

2. Money from the State General Fund may not beutilized by the State Board of Agriculture in carrying out the provisions ofthis chapter. Expenditures for those purposes may be made only from the Garlicand Onion Research and Promotion Account created by NRS 561.423, and are subject to thelimitations stated in that section.

(Added to NRS by 1995, 1598)

NRS 556.070 Assessments:Imposition and collection; deposit of proceeds. TheDepartment shall, on or before August 1 of each year, fix an annual special assessmentnot to exceed $10 per acre to be levied upon all garlic and onions grown andharvested in this State for commercial use. The Department shall collect the assessmentand transmit the proceeds to the State Treasurer for credit to the Garlic andOnion Research and Promotion Account.

(Added to NRS by 1995, 1599; A 1999, 3654; 2003, 581)

NRS 556.080 Assessments:Payment. All assessments levied pursuant tothe provisions of NRS 556.070 must be:

1. Paid to the Department by the grower of garlic oronions; and

2. Paid by December 1 of each year for the garlic oronions harvested within the 12 months immediately preceding that date.

(Added to NRS by 1995, 1599; A 1999, 3654; 2003, 582)

NRS 556.090 Assessments:Civil penalty. Any grower who fails to pay anyassessment pursuant to NRS 556.070 byDecember 1 of each year as required by NRS556.080 forfeits to the Department a penalty of 5 percent of the amount ofthe assessment due and 1 percent of the assessment due for each month of delayor fraction thereof after December 31 of the year that the assessment becamedue. The Department, if satisfied the delay was excusable, may remit any partof the penalty. The penalty must be paid to the Department and deposited forcredit to the Garlic and Onion Research and Promotion Account.

(Added to NRS by 1995, 1599; A 1999, 3655; 2003, 582)

NRS 556.100 Assessments:Nature of debt; civil action for recovery. Anyassessment levied constitutes a personal debt of the person so assessed. If aperson fails to pay an assessment, including all penalties, the Department may,at any time within 3 years after the date of delinquency, maintain a civilaction against the person to recover the amount of the delinquent assessmentand penalties.

(Added to NRS by 1995, 1599; A 1999, 3655)

NRS 556.110 Criminalpenalty. A person who violates any of the provisionsof this chapter is guilty of a misdemeanor.

(Added to NRS by 1995, 1599)