2005 Nevada Revised Statutes - Chapter 587 — Agricultural Products and Seeds
CHAPTER 587 - AGRICULTURAL PRODUCTS ANDSEEDS
GENERAL PROVISIONS
NRS 587.001 Definitions.
NRS 587.003 Departmentdefined.
NRS 587.005 Directordefined.
SEEDS
NRS 587.015 Definitions.
NRS 587.017 Advertisementdefined.
NRS 587.019 Agriculturalseeds defined.
NRS 587.021 Certifiedseed defined.
NRS 587.023 Certifyingagency defined.
NRS 587.025 Consumerdefined.
NRS 587.031 Flowerseeds defined.
NRS 587.033 Growersor tree seedsmans declaration defined.
NRS 587.035 Hybriddefined.
NRS 587.037 Kinddefined.
NRS 587.039 Labelingdefined.
NRS 587.041 Lot defined.
NRS 587.042 Noxiousweed defined.
NRS 587.043 Origindefined.
NRS 587.051 Recorddefined.
NRS 587.055 Screeningsdefined.
NRS 587.057 Seizuredefined.
NRS 587.059 Stopsale defined.
NRS 587.061 Treateddefined.
NRS 587.063 Treeand shrub seeds defined.
NRS 587.065 Treeseedsman defined.
NRS 587.067 Typedefined.
NRS 587.069 Varietydefined.
NRS 587.071 Vegetableseeds defined.
NRS 587.073 Weedseeds defined.
NRS 587.075 Administrationand enforcement of provisions.
NRS 587.077 Officialseed-certifying agency for State; standards governing certification; fees.
NRS 587.079 Servicegrain grading; schedule of fees.
NRS 587.081 Sampling,inspection, analysis and testing of seeds; notification of violations.
NRS 587.083 Adoptionof regulations.
NRS 587.085 Entryof premises or conveyance for examination of seeds, screenings or records;issuance of stop-sale order.
NRS 587.087 Stop-saleorders: Effect; notification of shippers and consignors; appeals.
NRS 587.089 Cooperationwith United States Department of Agriculture and other agencies.
NRS 587.091 Seedsof agricultural crops, flowers, vegetables, herbs, trees and shrubs: Generalrequirements for labels.
NRS 587.093 Seedsof agricultural crops: Requirements for labels.
NRS 587.097 Seedsof vegetables: Requirements for labels for containers of 1 pound or less.
NRS 587.099 Seedsof vegetables: Requirements for labels for containers of more than 1 pound.
NRS 587.101 Seedsof flowers: Requirements for labels for packets prepared for use in homegardens or plantings for households; preplanted containers.
NRS 587.103 Seedsof flowers: Requirements for labels for other containers.
NRS 587.105 Seedsof trees and shrubs: Requirements for labels.
NRS 587.107 Retentionand inspection of records and samples.
NRS 587.109 Inspectionof seed potatoes imported into State; disposal of diseased potatoes.
NRS 587.111 Prohibitions.
NRS 587.113 Furtherprohibitions.
NRS 587.114 Sale of uncertified seed by variety name unlawful.
NRS 587.115 Exemptions.
NRS 587.117 Whenseller not subject to penalty for incorrect labeling or representations.
NRS 587.119 Permitrequired for removal of screenings or cleanings from premises; treatment ofscreenings.
NRS 587.121 Seizure.
NRS 587.123 Penalty.
ALFALFA SEED RESEARCH AND PROMOTION
NRS 587.131 Definitions.
NRS 587.135 AlfalfaSeed Advisory Board: Creation; number and qualifications of members.
NRS 587.141 AlfalfaSeed Advisory Board: Members not paid.
NRS 587.145 AlfalfaSeed Advisory Board: Powers and duties.
NRS 587.151 Powersand duties of State Board of Agriculture.
NRS 587.153 Depositof gifts and grants in Alfalfa Seed Research and Promotion Account.
NRS 587.155 Levyand collection of special assessment; deposits to and refunds from Alfalfa SeedResearch and Promotion Account.
NRS 587.161 Liabilityfor payment of special assessment.
NRS 587.165 Penaltyfor failure to file return or pay assessment.
NRS 587.171 Recoveryof delinquent assessment and penalties.
NRS 587.175 Recordsof dealers.
NRS 587.181 Requirementsfor growers shipping out of State.
NRS 587.185 Penalty.
STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS
NRS 587.290 Agriculturalproducts defined.
NRS 587.310 Administrationby State Quarantine Officer.
NRS 587.360 Stateinspectors: Designation; fees for services.
NRS 587.370 Countyinspectors: Employment; compensation; license required; allocation ofinspection fees.
NRS 587.380 Licenseto inspect or classify agricultural products; regulations; compensation oflicensees; suspension and revocation of licenses. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 587.380 Licenseto inspect or classify agricultural products; regulations; compensation oflicensees; suspension and revocation of licenses. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 587.382 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of State Quarantine Officer. [Expires by limitation on the dateof the repeal of the federal law requiring each state to establish proceduresfor withholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]
NRS 587.384 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]
NRS 587.386 Applicationfor license to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]
NRS 587.390 Officialstandards for grading and classifying agricultural products and farm productcontainers: Adoption by State Quarantine Officer; changes.
NRS 587.400 Noticeof effective date of standard or of alterations or modifications; disseminationof information concerning standards.
NRS 587.410 Adoptionof federal standards; cooperation with United States.
NRS 587.420 Appealsto State Quarantine Officer from findings of inspectors; fees.
NRS 587.430 Certificatesas prima facie evidence.
NRS 587.440 Unlawfulacts; penalty.
NRS 587.450 Fraudulentrepresentations and unlawful use of containers; penalty.
FRUITS, NUTS AND VEGETABLES
NRS 587.460 Definitions.
NRS 587.470 Bulklot and bulk load defined.
NRS 587.480 Deceptivearrangement and deceptive display defined.
NRS 587.490 Deceptivepack defined.
NRS 587.500 Maturedefined.
NRS 587.510 Mislabeldefined.
NRS 587.520 Overripedefined.
NRS 587.530 Transportdefined.
NRS 587.540 Enforcementof provisions.
NRS 587.550 Adoptionof regulations.
NRS 587.560 Cooperationwith counties in enforcement.
NRS 587.570 Potatoes:Grade requirements; marking and labeling of containers.
NRS 587.580 Onions:Grade requirements; marking and labeling of containers.
NRS 587.590 Nonconformitywith provisions unlawful.
NRS 587.600 Deceptivepacks, loads or displays unlawful.
NRS 587.610 Mislabeling,false or misleading statements or advertising unlawful.
NRS 587.620 Unlawfulto violate or remove hold order.
NRS 587.630 Packingrequirements.
NRS 587.640 Refusalto permit inspection unlawful.
NRS 587.650 Unlawfulto pack, transport or sell defective or damaged products.
NRS 587.660 Certainprovisions applicable only when specific standards of quality not otherwiseestablished.
COMMERCIAL FEED FOR LIVESTOCK
NRS 587.670 Definitions.
NRS 587.680 Adoptionof rules and regulations.
NRS 587.690 Requirementsfor labels; information to be furnished to purchaser; exceptions.
CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANICAGRICULTURAL PRODUCTS
NRS 587.700 Definitions.
NRS 587.715 Agriculturalproduct defined.
NRS 587.740 FederalAct defined.
NRS 587.750 Handlerdefined.
NRS 587.780 Producerdefined.
NRS 587.800 Directorauthorized to establish program for certification of producers and handlers oforganic agricultural products; approval of program by Secretary of Agriculture.
NRS 587.810 AdvisoryCouncil for Organic Agricultural Products: Creation; members; powers.
NRS 587.820 AdvisoryCouncil for Organic Agricultural Products: Terms of members; vacancy; electionof officers; meetings; compensation of members.
NRS 587.830 Regulationsfor administration and enforcement of program for certification of producersand handlers of organic agricultural products; fees.
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GENERAL PROVISIONS
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SEEDS
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(Added to NRS by 1969, 354; A 1985, 624; 1993, 1783;
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(Added to NRS by 1969, 354)
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(Added to NRS by 1969, 354; A 1993, 1783;
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(Added to NRS by 1969, 354)
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1. An agency authorized under the laws of a state,territory or possession of the United States officially to certify seed; or
2. An agency of a foreign country determined by theUnited States Secretary of Agriculture to adhere to procedure and standards forseed certification comparable to those adhered to generally by seed-certifyingagencies under subsection 1.
(Added to NRS by 1969, 354)
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(Added to NRS by 1969, 354)
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(Added to NRS by 1969, 354)
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(Added to NRS by 1969, 354)
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1. Two or more inbred lines;
2. One inbred or a single cross with anopen-pollinated variety; or
3. Two varieties or species, except open-pollinatedvarieties of corn (Zea mays).
The secondgeneration and subsequent generations from such crosses shall not be regardedas hybrids. Hybrid designations shall be treated as variety names.
(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1985, 624)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355; A 1985, 624)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 355)
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(Added to NRS by 1969, 356)
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(Added to NRS by 1969, 356)
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(Added to NRS by 1969, 356)
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(Added to NRS by 1969, 356)
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(Added to NRS by 1969, 356; A 1985, 625)
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(Added to NRS by 1969, 356; 1985, 625)
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(Added to NRS by 1969, 356; A 1993, 1783;
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(Added to NRS by 1969, 356; A 1993, 1783;
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(Added to NRS by 1969, 356; A 1993, 1783;
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1. Sample, inspect, make analysis of and test seedssubject to NRS 587.015 to
2. Notify promptly the person who transported, sold,offered or exposed the seed for sale of any violation.
(Added to NRS by 1969, 356; A 1993, 1783;
NRS
1. The Director shall adopt regulations:
(a) Governing the terms and methods used in sampling,inspecting, analyzing, testing and examining seeds subject to
(b) Establishing a list of prohibited and restrictednoxious weeds and prescribing the maximum rate of occurrence per pound of seedsof restricted noxious weeds which may be associated with any seeds. A noxiousweed may be prohibited if it is highly destructive and difficult to control inthis state by ordinary good cultural or chemical practice and restricted if itis objectionable or injurious in fields, lawns and gardens of this state, butmay be controlled by good cultural or chemical practices.
(c) Establishing minimum standards of germination forseeds of vegetables, herbs and flowers.
(d) Defining the terms to be used in labeling seeds.
(e) Establishing a list of the species of trees andshrubs subject to the labeling requirements set forth in subsection 7 of
(f) Establishing the duration of the validity oftesting to determine the percentage of germination of seeds subject to therequirements for labeling as set forth in NRS587.091 to 587.105, inclusive,before the sale, offering for sale or transporting of those seeds.
(g) For the labeling of seeds of flowers in respect tokind and variety or the characteristics of type and performance as required by
(h) Establishing a list of the kinds of seeds offlowers which are subject to the labeling requirements of
2. The Director may adopt such other regulations asare necessary to carry out the provisions of NRS587.015 to 587.123, inclusive.
(Added to NRS by 1969, 356; A 1985, 625; 1993, 1783;
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1. Enter upon or within any public or private premisesor upon or into any truck or other conveyance by land, water or air at any timeto examine seeds, screenings or records which are subject to the provisions of
2. Issue and enforce a written or printed stop-saleorder against the owner or custodian of any seed or screenings which are foundto be in violation of any of the provisions of
(Added to NRS by 1969, 357; A 1993, 1784;
NRS
1. A stop-sale order issued pursuant to subsection 2of NRS 587.085 may prohibit the sale,processing or movement of the seed or screenings until evidence is submitted orobtained that the violation has been corrected and a release from the stop-saleorder is issued.
2. Whenever tree seed, shrub seed or screenings aresubject to a stop-sale order, the Director or his representative shall notifythe shipper or consignor that the order is in effect. Upon the shippers orconsignors request, the Director may permit the return of the seed to theshipper or may permit the seed to be transferred to a mutually acceptablestorage area pending its further disposition as provided by law.
3. Any person aggrieved by a stop-sale order may,within 60 days after the order issues, appeal from the order to the districtcourt in the county in which the seeds, subject to the order, are located.
(Added to NRS by 1969, 357; A 1993, 1784;
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(Added to NRS by 1969, 357; A 1993, 1785;
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1. Each container of seeds of agricultural crops,flowers, vegetables, herbs, trees and shrubs which is sold, offered for sale ortransported within this state for sowing purposes must bear or have attached toit, in a conspicuous place, a plainly written label or tag in the Englishlanguage, giving the net weight of the seed and the information specified forthe respective classes of seed in subsection 2 and in
2. For all such seeds which are treated, the labelmust contain:
(a) A word or statement indicating that the seed hasbeen treated;
(b) The commonly accepted coined, chemical, generic orabbreviated chemical or generic name of the substance used for treatment, orthe description of the process used for treatment;
(c) If the substance applied to the seed for treatmentis in an amount which may be harmful to human or other vertebrate animals, acaution, stating: Do not use for food, feed or oil purposes. The caution formercurials and similarly toxic substances must be a statement or symbolindicating the presence of poison; and
(d) If the seed is treated with an inoculant, the monthand year beyond which the inoculant is not to be considered effective.
3. A separate label may be used to contain theinformation required in subsection 2.
(Added to NRS by 1969, 357; A 1985, 626)
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1. The kind and variety, or the kind and the phrasevariety not stated, for each seed of another crop in the container in excessof 5 percent of the whole, and the percentage by weight of the pure seed ofeach listed in a column in order of its predominance. Seeds of other crops inthe container which are less than 5 percent of the whole may be claimed as partof a mixture but if so must conform to the requirements applicable to seeds inexcess of 5 percent of the whole. Mixtures must be designated by the wordmixed or mixture accompanying the name of the mixture. Hybrids must belabeled as hybrids.
2. The number or other identification of the lot.
3. The origin, state or foreign country, if known, ofalfalfa, red clover and field corn, but not of hybrid corn. If the origin isunknown, this fact must be stated.
4. The percentage by weight of all seeds of weedspresent.
5. The name and rate of occurrence per pound of eachkind of seeds of restricted noxious weeds present.
6. The percentage by weight of seeds of crops otherthan those named on the label. These may be designated crop seeds.
7. The percentage by weight of inert matter.
8. For each seed for agricultural crops named in thelabel:
(a) The percentage of germination, exclusive of hardseed;
(b) The percentage of hard seed, if present; and
(c) The month and year the test for germination wascompleted, and for mixtures, only the date of the oldest test of the seeds inthe mixture.
In addition,following the percentages shown in paragraphs (a) and (b), the totalgermination and hard seed may be stated as such.
9. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
(Added to NRS by 1969, 358; A 1985, 626)
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1. The name of the kind and variety of the seed.
2. For seeds which germinate less than the standardestablished in the regulations adopted under paragraph (c) of subsection 1 of
(a) The percentage of germination, exclusive of hardseed;
(b) The percentage of hard seed, if present;
(c) The month and year the test for germination wascompleted; and
(d) The words, below standard, in not less than8-point type.
3. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
4. The name and rate of occurrence per pound of eachkind of seed of restricted noxious weeds present in the container.
(Added to NRS by 1969, 359; A 1985, 627)
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1. The name of each kind and variety present in excessof 5 percent of the whole, and the percentage by weight of each in order of itspredominance.
2. The number or other identification of the lot.
3. For each seed of vegetables named on the label:
(a) The percentage of germination, exclusive of hardseed;
(b) The percentage of hard seed, if present; and
(c) The month and year the test for germination wascompleted.
4. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
5. The name and rate of occurrence per pound of eachkind of seed of restricted noxious weeds present in the container.
(Added to NRS by 1969, 359; A 1985, 627)
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1. For all kinds of seeds of flowers:
(a) The name of the kind and variety or a statement ofthe characteristics of type and performance as prescribed in the regulationsadopted under paragraph (g) of subsection 1 of
(b) The month and year the seed was tested forgermination or the year for which the seed was packaged; and
(c) The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
2. In addition, for seeds of those kinds for whichstandard procedures for testing are prescribed and which germinate less thanthe standard of germination established in the regulations adopted underparagraph (c) of subsection 1 of NRS 587.083:
(a) The percentage of germination, exclusive of hardseed; and
(b) The words below standard in not less than 8-pointtype.
(Added to NRS by 1969, 359; A 1985, 628)
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1. For all kinds of seeds of flowers:
(a) The name of the kind and variety or a statement ofthe characteristics of type and performance as prescribed in the regulationsadopted under paragraph (g) of subsection 1 of
(b) The number or other identification of the lot;
(c) The month and year the seed was tested forgermination or the year for which the seed was packaged; and
(d) The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
2. In addition, for those kinds of seeds for whichstandard procedures for testing are prescribed:
(a) The percentage of germination, exclusive of hardseed; and
(b) The percentage of hard seed, if present.
(Added to NRS by 1969, 360; A 1985, 628)
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1. The common name of the species of seed andsubspecies, if appropriate.
2. The scientific name of the genus, species andsubspecies, if appropriate.
3. The number or other identification of the lot.
4. The origin of the seed, specified as follows:
(a) For seed collected from a predominantly indigenousstand, the area of collection given by latitude and longitude, geographicdescription or political subdivision, including state and county; or
(b) For seed collected from other than a predominantlyindigenous stand, identification of the area of collection and the origin ofthe stand or, if applicable, the statement: Origin not indigenous.
5. The upper and lower limits of elevations withinwhich the seed was collected.
6. The purity of the seed as a percentage of pure seedby weight.
7. For those species for which standard procedures fortesting germination are prescribed by the Director, one of the following:
(a) The germination in percentage and percentage offirm ungerminated seed, and the month and year of the test;
(b) For seed transported or delivered fortransportation within the year of collection or within 6 months following theyear of collection, the statement: Test is in process; or
(c) For seed being transported to a consumer, the nameof the consumer and a statement: Contract seed not for resale, and subject totest to be arranged.
8. For those species for which standard procedures fortesting germination have not been prescribed by the Director, the year in whichthe seed was collected.
9. The name and address of the person who labeled theseed, or who sells or offers the seed for sale within this state.
(Added to NRS by 1969, 360; A 1985, 629; 1993, 1785;
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(Added to NRS by 1969, 361; A 1993, 1785;
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1. Any person importing any white or Irish potatoesintended for seed purposes into the State of Nevada shall, within 24 hoursafter the receipt of the potatoes, notify the Director of the arrival of thepotatoes and hold them at his place of business or at the point of receiptuntil the potatoes are inspected and released by the Director.
2. If, upon inspection, the Director finds that thepotatoes are infected with bacterial ring rot, or other potato diseases inamounts in excess of that allowed under the standards set for Nevada certifiedpotatoes, the potatoes may not be released for planting in this state, but mustbe disposed of for nonseed purposes in a manner approved by the Director.
3. If the seed potatoes are found to be free frombacterial ring rot, and other potato diseases are not present in excess of thatallowed under the standards set for Nevada certified seed potatoes, theDirector shall release the potatoes.
(Added to NRS by 1969, 361; A 1993, 1786;
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1. If they are subject to the labeling requirements ofNRS 587.091 to
2. Unless labeled in accordance with the provisions ofNRS 587.091 to
3. Which have been the subject of a false ormisleading advertisement.
4. Which consist of or contain prohibited seeds ofnoxious weeds in excess of recognized tolerances.
5. Which consist of or contain seeds of restrictednoxious weeds in excess of the number per pound as prescribed by regulationsadopted under paragraph (b) of subsection 1 of
6. Which contain seeds of weeds in excess of limitsset forth in the regulations adopted under NRS587.015 to 587.123, inclusive.
7. Which are represented, by labeling, advertising orotherwise, to be any particular class of certified seed, unless:
(a) It has been determined by a certifying agency thatthe seed was produced, processed and packaged, in accordance with the standardsestablished by the agency; in addition, as to seeds for trees, the seed wasfound to be of the origin and elevation claimed; and
(b) The seed bears an official label, issued by thecertifying agency, that the seed is certified or registered.
(Added to NRS by 1969, 362; A 1985, 630)
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1. To detach, alter, deface or destroy any labelprovided for in NRS 587.015 to
2. To alter or substitute seed contrary to theprovisions of NRS 587.015 to
3. To disseminate any false or misleadingadvertisements concerning seeds subject to NRS587.015 to 587.123, inclusive.
4. To hinder or obstruct in any way any authorizedperson in the performance of his duties under NRS587.015 to 587.123, inclusive.
5. To violate a stop-sale order.
6. To use the word trace as a substitute for anystatement which is required on a label.
7. To use the word type in any labeling inconnection with the name of any agricultural seed variety.
(Added to NRS by 1969, 362)
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(Added to NRS by 1973, 280)
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1. To seed or grain not intended for sowing purposes.
2. To seed only while being stored in, transported toor consigned to an establishment for the conditioning or processing of seed ifthe invoice or labeling accompanying any shipment of such seed bears thestatement seed for processing.
3. To any carrier of seed which is transported ordelivered for transportation in the ordinary course of its business as acarrier, if the carrier is not otherwise engaged in producing, processing ormarketing seeds which are subject to NRS587.015 to 587.123, inclusive.
4. To seed from a bulk container which is weighed andpackaged in the presence of the purchaser, if that container is properlylabeled pursuant to NRS 587.091 to
(Added to NRS by 1969, 363; A 1985, 631)
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1. The seeds cannot be identified by mere examination;
2. He obtains and relies upon:
(a) An invoice;
(b) A declaration of a grower or a seedsman of trees,which states that the grower or seedsman has records to prove the progeny ofseed of the same origin; or
(c) Other labeling information; and
3. He takes other precautions as are reasonable toensure that the labeling and representations are correct.
(Added to NRS by 1969, 363; 1985, 632)
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1. If a seed is prepared for use, all screenings orcleanings must be removed from the premises only under a permit issued by theDirector.
2. It is unlawful to distribute, give away, sell oruse screenings containing weed seeds unless the screenings have been treated todestroy the viability of the weed seeds or otherwise in a manner approved bythe Director.
(Added to NRS by 1969, 363; A 1985, 632; 1993, 1786;
1. Any lot of seed found or reasonably suspected to bein violation of any of the provisions of NRS587.015 to 587.119, inclusive, issubject to seizure upon a complaint by the Director filed in the district courtof the county in which the seed is located.
2. If the court finds that the seed is in violation ofany of those provisions, it may, after allowing the party or parties ininterest to apply for the release of the seed or for permission to bring theseed into compliance with the law, make such orders as may be necessary for theseed to be processed, relabeled, denatured, destroyed or otherwise disposed ofaccording to the circumstances of the case.
(Added to NRS by 1969, 363; A 1993, 1786;
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(Added to NRS by 1969, 363; A 1973, 280)
ALFALFA SEED RESEARCH AND PROMOTION
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1. Advisory Board means the Alfalfa Seed AdvisoryBoard.
2. Alfalfa seed means the seed that is harvestedfrom any variety of alfalfa plant.
3. Dealer means any person, partnership,association, corporation, cooperative or other business unit or device thatfirst handles, packs, ships, buys and sells alfalfa seed.
4. Grower means any landowner personally engaged ingrowing alfalfa seed, or both the owner and tenant jointly, and includes aperson, partnership, association, corporation, cooperative organization, trust,sharecropper or any and all other business units, devices or arrangements thatgrow alfalfa seed.
(Added to NRS by 1975, 492; A 1993, 1786;
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1. The Alfalfa Seed Advisory Board consisting of sevenmembers is hereby created.
2. Six members of the Advisory Board shall be:
(a) Citizens of the United States;
(b) Residents of the State of Nevada; and
(c) Alfalfa seed growers actively engaged in thegrowing and producing of alfalfa seed in the State of Nevada with a substantialportion of their income derived from growing alfalfa seed.
3. One member of the Board shall be:
(a) A citizen of the United States; and
(b) A dealer who is and has been actively engaged as adealer in alfalfa seed in the State of Nevada.
(Added to NRS by 1975, 492)
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(Added to NRS by 1975, 493; A 1987, 1311)
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1. Only such powers and duties as are authorized bylaw; and
2. The following powers and duties:
(a) To elect a chairman and such other officers as itdeems advisable.
(b) To prepare a budget covering anticipated income andexpenses for utilization of the money deposited to the Alfalfa Seed Researchand Promotion Account.
(c) To adopt procedures for filing with the AdvisoryBoard any proposed alfalfa seed research projects or market promotion projects.
(d) To prepare and present to the State Board ofAgriculture a program for research in the production, harvesting, processing,distribution and market promotion of alfalfa seed. The program must contain arecommendation of a natural person or agency to conduct or manage each project,the time period for each project and the budget allocation for the project.
(Added to NRS by 1975, 493; A 1991, 1797)
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1. The State Board of Agriculture has the followingpowers and duties:
(a) To appoint the members of the Advisory Board, tofix their term of office and to fill all vacancies.
(b) To establish procedures for the Nevada alfalfa seedindustry to recommend persons for appointment to the Advisory Board.
(c) To administer, enforce and control the collectionof assessments levied for the Alfalfa Seed Research and Promotion Account.
(d) To authorize payments from the Alfalfa SeedResearch and Promotion Account upon the recommendation of the Advisory Board.
(e) To contract with natural persons or agencies forthe conduct or management of research and market promotion projects.
(f) To adopt regulations to carry out the provisions ofNRS 587.135 to
2. Money from the State General Fund may not be utilizedby the State Board of Agriculture in carrying out the provisions of
(Added to NRS by 1975, 493; A 1979, 624; 1991, 1797)
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(Added to NRS by 1979, 625; A 1991, 1798)
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1. The Department shall, on or before August 1 of eachyear, fix an annual special assessment not to exceed 50 cents per hundredweight of alfalfa seed to be levied upon all alfalfa seed grown in this state.The Department shall collect the assessment and transmit the proceeds to theState Treasurer for credit to the Alfalfa Seed Research and Promotion Account.
2. On or before June 30 of each year, any person whohas paid the special assessment levied pursuant to this section may file aclaim for a refund with the Department accompanied by a receipt showingpayment. Upon verification of the correctness of the claim, the Departmentshall transmit the claim to the State Controller for payment from the AlfalfaSeed Research and Promotion Account.
(Added to NRS by 1975, 493; A 1991, 1798; 1993, 1787;1999, 3728)
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(Added to NRS by 1975, 494; A 1993, 1787;
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(Added to NRS by 1975, 494; A 1991, 1798; 1993, 1787;1999, 3728)
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(Added to NRS by 1975, 494; A 1993, 1787;
NRS
1. Every dealer shall maintain accurate records of allNevada alfalfa seed handled, packed, shipped or processed by him.
2. The records must be:
(a) In such form and contain such information as theState Board of Agriculture may require;
(b) Preserved for 2 years; and
(c) Subject to inspection at any reasonable time at therequest of the State Board of Agriculture or the Department.
(Added to NRS by 1975, 494; A 1993, 1788;
NRS
(Added to NRS by 1975, 494; A 1993, 1788;
NRS
(Added to NRS by 1975, 494)
STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS
NRS
[Part 1:225:1931; 1931 NCL 451](NRS A 1997, 2101;
NRS
[Part 1:225:1931; 1931 NCL 451]
NRS
1. The State Quarantine Officer may designate anycompetent employee or agent of the Department to inspect or classifyagricultural products in accordance with such regulations as he may prescribeat such places as the volume of business may be found to warrant the furnishingof the inspection service, at the request of persons having an interest inthose products, and to ascertain and to certify to those persons the grade,classification, quality or condition thereof, and such other pertinent facts asthe State Quarantine Officer may require.
2. The State Quarantine Officer may fix, assess andcollect, or cause to be collected, fees for those services if they areperformed by employees or agents of the department.
[Part 5:225:1931; 1931 NCL 451.04](NRS A 1961,574; 1993, 1788; 1999,3729)
NRS
1. The board of county commissioners of any county mayemploy one or more inspectors to assist in carrying out the provisions of
2. Any inspector so employed by any county shallcollect all inspection fees fixed and established by the State QuarantineOfficer for any inspections and certifications performed by him, and promptlyforward the fees to the State Quarantine Officer. The State Quarantine Officershall forward any portion of the fees due any federal agency to that agency.Ten percent of the inspection fees collected must be remitted to the Departmentfor use in the plant industry program, and the balance must be reimbursed tothe counties where the fees were collected.
[Part 9:225:1931; A 1949, 87; 1943 NCL 451.08](NRSA 1957, 187; 1961, 575; 1977, 233; 1993, 1788;
NRS
1. Upon satisfactory evidence of competency,submission of the statement required pursuant to
2. Licensed inspectors may charge and collect ascompensation for such services only such fees as may be approved by the StateQuarantine Officer.
3. Except as otherwise required in subsection 4, theState Quarantine Officer may suspend or revoke any license if, after anopportunity for hearing has been afforded the licensee, the State Quarantine Officerdetermines that the licensee is incompetent or has knowingly or carelesslyfailed to certify correctly the grade, classification, quality or condition ofany agricultural product, or has violated any provisions of
4. Pending investigation, the State Quarantine Officermay suspend a license temporarily without a hearing.
[Part 5:225:1931; 1931 NCL 451.04](NRS A 1997,2101)
NRS 587.380
1. Upon satisfactory evidence of competency and thepayment of a reasonable fee therefor, the State Quarantine Officer isauthorized to license a person to inspect or classify agricultural products inaccordance with such regulations as he may prescribe at such places as thevolume of business may be found to warrant the furnishing of such inspectionservice, at the request of persons having an interest in such products, and toascertain and to certify to such persons the grade, classification, quality orcondition thereof, and such other pertinent facts as the State QuarantineOfficer may require.
2. Licensed inspectors may charge and collect ascompensation for such services only such fees as may be approved by the StateQuarantine Officer.
3. The State Quarantine Officer may suspend or revokeany license whenever, after an opportunity for hearing has been afforded thelicensee, the State Quarantine Officer shall determine that such licensee isincompetent or has knowingly or carelessly failed to certify correctly thegrade, classification, quality or condition of any agricultural product, or hasviolated any provisions of NRS 587.290to 587.450, inclusive, or of theregulations made thereunder.
4. Pending investigation, the State Quarantine Officermay suspend a license temporarily without a hearing.
[Part 5:225:1931; 1931 NCL 451.04](NRS A 1997,2101, effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)
NRS
1. An applicant for the issuance or renewal of alicense to inspect or classify agricultural products shall submit to the StateQuarantine Officer the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to
2. The State Quarantine Officer shall include thestatement required pursuant to subsection 1 in:
(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the State QuarantineOfficer.
3. A license to inspect or classify agriculturalproducts may not be issued or renewed by the State Quarantine Officer if theapplicant:
(a) Fails to submit the statement required pursuant tosubsection 1; or
(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.
4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State QuarantineOfficer shall advise the applicant to contact the district attorney or otherpublic agency enforcing the order to determine the actions that the applicantmay take to satisfy the arrearage.
(Added to NRS by 1997, 2100)
NRS
1. If the State Quarantine Officer receives a copy ofa court order issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who is theholder of a license to inspect or classify agricultural products, the StateQuarantine Officer shall deem the license issued to that person to be suspendedat the end of the 30th day after the date on which the court order was issuedunless the State Quarantine Officer receives a letter issued to the holder ofthe license by the district attorney or other public agency pursuant to
2. The State Quarantine Officer shall reinstate alicense to inspect or classify agricultural products that has been suspended bya district court pursuant to NRS 425.540if the State Quarantine Officer receives a letter issued by the district attorneyor other public agency pursuant to NRS425.550 to the person whose license was suspended stating that the personwhose license was suspended has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.
(Added to NRS by 1997, 2101)
NRS
(Added to NRS by 1997, 2101)
NRS
1. To fix and promulgate:
(a) Official standards for grading and classifying anyor all agricultural products offered for sale in this state; and
(b) Official standards for containers of farm products.
2. To change any of them from time to time.
[2:225:1931; A 1949, 87; 1943 NCL 451.01]
NRS
1. In promulgating the standards or any alterations ormodification of such standards, the State Quarantine Officer shall specify thedate or dates when the same shall become effective and shall give public noticenot less than 30 days in advance of such date or dates by such means as hedeems proper.
2. The State Quarantine Officer is authorized andempowered to employ reasonable methods for diffusing information concerning thestandard that may be fixed by him for any agricultural product or container.
[3:225:1931; 1931 NCL 451.02]
NRS
1. The State Quarantine Officer is authorized to fixand promulgate as the official standard for this state for any agriculturalproduct or container the standard for such product or container which may havebeen promulgated or announced therefor under the authority of the Congress ofthe United States.
2. In carrying out the provisions of
[4:225:1931; 1931 NCL 451.03]
NRS
1. Whenever any quantity of any agricultural productshall have been inspected under NRS 587.290to 587.450, inclusive, and a questionarises as to whether the certificate issued therefor shows the true grade,classification, quality or conditions of such product, any interested person,subject to such regulations as the State Quarantine Officer may prescribe, mayappeal the question to him and he is authorized to cause such investigation tobe made and such tests to be applied as he may deem necessary and to determineand issue a finding of the true grade or classification of the product or ofthe quality or condition thereof.
2. Whenever an appeal shall be taken to the StateQuarantine Officer under NRS 587.290 to
[6:225:1931; 1931 NCL 451.05]
NRS
[7:225:1931; 1931 NCL 451.06]
NRS
[10:225:1931; 1931 NCL 451.09](NRS A 1961, 575)
NRS
1. If any quantity of any agricultural product shallhave been inspected and a certificate issued under
2. Whenever any standard for a container for anagricultural product becomes effective under NRS587.290 to 587.450, inclusive, noperson thereafter shall pack for sale, offer for sale, consign for sale, orsell and deliver, in a container, any such agricultural product to which thestandard is applicable unless the container conforms to the standard, subjectto such variations therefrom as may be allowed, in the regulations made under
3. Any person violating this section shall be guilty ofa misdemeanor.
[11:225:1931; 1931 NCL 451.10](NRS A 1957, 187;1961, 575)
FRUITS, NUTS AND VEGETABLES
NRS
(Added to NRS by 1971, 1042; A 1993, 1788;
NRS
(Added to NRS by 1971, 1042)
NRS
(Added to NRS by 1971, 1042)
NRS
(Added to NRS by 1971, 1042)
NRS
(Added to NRS by 1971, 1042)
NRS
(Added to NRS by 1971, 1043)
NRS
(Added to NRS by 1971, 1043)
NRS
(Added to NRS by 1971, 1043)
NRS
(Added to NRS by 1971, 1043; A 1993, 1789;
NRS
1. Prescribing methods of selecting samples of lots orcontainers of fruits, nuts and vegetables on a basis of size or other specificclassification which are reasonably calculated to produce by that sampling fairrepresentations of the entire lots or containers which are sampled.
2. Establishing and issuing official color chartswhich depict the color standards and requirements which may be established by
3. Which are necessary to secure uniformity in theenforcement of the provisions of NRS 587.460to 587.660, inclusive.
(Added to NRS by 1971, 1043; A 1981, 92; 1993, 1789;
NRS
(Added to NRS by 1971, 1043; A 1993, 1789;
NRS
1. All potatoes sold or offered for sale for humanconsumption within this state must meet the U.S. No. 2 grade requirements orbetter, as adopted by the United States Department of Agriculture and by theDepartment pursuant to the provisions of NRS587.390.
2. All containers of potatoes if full must bear uponthem in plain sight and plain letters the name of the person who authorized thepacking of the potatoes or the name under which the packer is engaged inbusiness, together with a sufficiently explicit address to permit the readylocation of the packer.
3. All containers of potatoes sold must be marked withone of the grade markings for potatoes established by the United States Departmentof Agriculture and the Department, except that open containers are not requiredto be marked with one of the grade markings if they are part of an open displayof potatoes which is marked with one of the grade markings. The potatoes inthose containers must meet the grade marked on the open display.
(Added to NRS by 1971, 1043; A 1993, 1789;
NRS
1. All onions sold or offered for sale for humanconsumption within this state must meet the U.S. No. 2 grade requirements, orbetter, as adopted by the United States Department of Agriculture and theDepartment pursuant to the provisions of NRS587.390.
2. All containers of onions if full must bear uponthem in plain sight and plain letters the name of the person who authorized thepacking of the onions or the name under which the packer is engaged inbusiness, together with a sufficiently explicit address to permit the readylocation of the packer.
3. All containers of onions sold must be marked withone of the grade markings for onions established by the United States Departmentof Agriculture and the Department, except that open containers are not requiredto be marked with one of the grade markings if they are part of an open displayof onions which is marked with one of the grade markings. The onions in thosecontainers must meet the grade marked on the open display.
(Added to NRS by 1971, 1043; A 1993, 1789;
NRS
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1044)
NRS
1. Except as otherwise provided in this chapter, it isunlawful for any person to pack any fruits, nuts or vegetables in layers in anycontainer which has straight sides unless there is approximately the samenumerical count in each layer.
2. All packed fruits, nuts or vegetables shall be sopacked that they will not move in the container. Fruits or vegetables which,after having been in storage or after having been shipped, fail to meet thisrequirement due to unavoidable natural shrinkage which occurs after packing donot violate the provisions of this section.
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1044)
NRS
(Added to NRS by 1971, 1045; A 1993, 1790;
COMMERCIAL FEED FOR LIVESTOCK
NRS
1. Commercial feed means all materials except seed,whole or processed, which are distributed for use as feed or for mixing in feedintended for livestock except that the Director by regulation may exempt fromthis definition or from specific provisions of
2. Contract feeder means a person who as anindependent contractor feeds commercial feed to animals pursuant to a contractwhereby the commercial feed is supplied, furnished or otherwise provided to theperson and whereby his remuneration is determined in whole or in part by feedconsumption, mortality, profits or the amount or quality of the product.
3. Customer-formula feed means commercial feed whichconsists of a mixture of commercial feeds or feed ingredients, each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser.
4. Livestock means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals ofthe equine species.
(c) All swine or animals of the porcine species.
(d) All goats or animals of the caprine species.
(e) All poultry or domesticated fowl or birds.
(f) All rabbits of the genus oryctolagus.
(g) All sheep or animals of the ovine species.
(Added to NRS by 1973, 1132; A 1993, 1790;
NRS
1. Methods of labeling;
2. Descriptions or statements of the ingredients orthe effects thereof;
3. Directions for use for all feed containing drugs;and
4. Warning or caution statements necessary for thesafe and effective use of the commercial feed.
(Added to NRS by 1973, 1132; A 1993, 1790;
NRS
1. It is unlawful to sell, offer to sell or distributein this state any commercial feed for livestock unless each container in whichit is marketed bears a descriptive label or tag stating:
(a) The net weight of the commercial feed;
(b) The commonly recognized or official name of eachingredient used in its manufacture; and
(c) The guaranteed analysis of crude protein, crudefat, crude fiber and, except as otherwise provided in subsection 2, of mineralsand vitamins.
2. Minerals need not be guaranteed if mineral elementsare less than 6 1/2 percent and no claim is made on the label. Vitamins neednot be guaranteed if the commercial feed is neither formulated nor representedin any manner as a vitamin supplement.
3. Each delivery of commercial feed for livestock inbulk shall be accompanied by an invoice or delivery slip containing theinformation required by subsection 1, except that in the case of repeated bulkdeliveries of the same ingredients, only the first invoice or delivery slip isrequired to contain this information.
4. This section does not apply to customer-formulafeeds or to contract feeders.
(Added to NRS by 1973, 1133)
CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANICAGRICULTURAL PRODUCTS
NRS
(Added to NRS by 1997, 1634; A
NRS
(Added to NRS by
NRS
(Added to NRS by 1997, 1634)
NRS
(Added to NRS by 1997, 1634; A
NRS
(Added to NRS by 1997, 1634; A
NRS
1. The Director may establish a program for the certificationof producers and handlers of organic agricultural products.
2. If such a program is established, the Governor andthe Director shall submit the program to the Secretary of Agriculture forapproval pursuant to the Federal Act.
(Added to NRS by 1997, 1634; A
NRS
1. An Advisory Council for Organic AgriculturalProducts is hereby created in the Department. The Advisory Council consists of:
(a) Four members who are producers or handlers oforganic agricultural products;
(b) One member who is a purchaser, consumer, orwholesale or retail seller of organic agricultural products; and
(c) One member who represents an agricultural interestother than organic agricultural products.
2. The Director shall nominate members for the AdvisoryCouncil, and the State Board of Agriculture shall appoint the members.
3. The Advisory Council may:
(a) Advise the Director and the State Board ofAgriculture concerning the provision of information and educational services tothe public and to producers and handlers of organic agricultural productsconcerning the program for the certification of producers and handlers oforganic agricultural products established by the Director pursuant to
(b) Provide information and educational services to thepublic and to producers and handlers of organic agricultural products.
(Added to NRS by 1997, 1635; A
NRS
1. The State Board of Agriculture shall appoint threeof the first members of the Advisory Council for Organic Agricultural Productsfor terms of 2 years and three for terms of 3 years. After the expiration ofthe initial term, the term of office of each member is 3 years. A vacancy mustbe filled, for the unexpired term, by appointment of a member whosequalifications are the same as those of the member replaced. The AdvisoryCouncil shall elect a Chairman and Vice Chairman from among its members. TheDirector shall provide appropriate secretarial support and a place for themeetings of the Advisory Council.
2. The Advisory Council shall meet at least annually,upon the call of the Director or the Chairman. A majority of the membersappointed to the Advisory Council constitutes a quorum.
3. For each day or portion of a day necessarily spenton the business of the Advisory Council, each member is entitled to receive:
(a) Compensation, to be fixed by regulation of theState Board of Agriculture, which must not exceed $80 per day; and
(b) The per diem allowance and travel expenses providedfor state officers and employees generally.
(Added to NRS by 1997, 1635; A
NRS
1. For the administration of the program, including,without limitation:
(a) Standards for the analysis and inspection oforganic agricultural products;
(b) Records required of producers and handlers oforganic agricultural products;
(c) Standards for the certification of producers andhandlers of organic agricultural products;
(d) Requirements for the use of a seal of approval fororganic agricultural products produced in this state; and
(e) A schedule of fees for initial certification andfor continued certification as a producer or handler of organic agriculturalproducts.
2. As necessary for the enforcement of the program,including, without limitation:
(a) Standards for the registration of producers andhandlers of organic agricultural products; and
(b) A schedule of fees for initial registration and forcontinued registration of producers and handlers of organic agriculturalproducts.
(Added to NRS by 1997, 1635; A
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