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561.165. Ex officio state quarantine officer.
The administrator is hereby designated and appointed ex officio state quarantine officer,
and shall carry out all the duties of the state quarantine officer as provided by law.
571.015. Definitions.
As used in this chapter, unless the context requires otherwise:
1. "Department" means the state department of agriculture.
2. "Director" means the director of the department.
3. "Importation" means the transportation or movement of livestock by any
railroad, express company, truckline or other carrier, or by any persons, by vehicle or
otherwise, into this state.
4. "Livestock" means:
(a) All cattle or animals of the bovine species.
(b) All horses, mules, burros and asses or animals of the 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 dogs, cats or other animals domesticated or under the restraint or control of man.
(g) Alternative livestock as defined in NRS 501.003.
5. "State quarantine officer" means the director.
571.025. Infestation with or exposure to parasite deemed equivalent to infection with or
exposure to disease.
1. For the purposes of this chapter, infestation with internal or external parasites, or
exposure to such possible infestation, shall be deemed equivalent to infection with or
exposure to infection with an infectious, contagious or parasitic disease.
2. The provisions of this chapter applicable to livestock infected with or exposed to infection with any infectious, contagious or parasitic disease, or to any premises, grounds, cars, vehicles or other carriers infected or contaminated with any infectious, contagious or parasitic disease, also apply to any livestock, premises, grounds, cars, vehicles, or other carriers infested with or exposed to infestation or contamination with any internal or external parasites.
571.035. Amount of tax; maximum rates; notice to county assessor and treasurer;
deposit in livestock inspection account. [effective until July 1, 2004]
1. Upon receipt of the reports from the committee for assessing livestock pursuant to NRS
575.180, the division shall fix the amount of the annual special tax on each head of the
following specified classes of livestock, and not exceeding the following rates per head
for each class:
Class
Rate per head
Stock cattle .................................... $0.28
Dairy cattle ...................................... .53
Horses ............................................ .75
Mules ............................................. .75
Burros or asses ................................... .75
Hogs and pigs ..................................... .07
Goats ............................................. .06
2. As used in subsection 1:
(a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are more
than 6 months old.
(b) "Stock cattle" are:
(1) Steers of any breed and other weaned calves of the beef breeds that are more than 6
months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses exclude animals that are
less than 1 year old.
3. The department shall send a notice of the annual special tax on each head of the
specified classes of livestock to the county assessor or treasurer of each county on or
before the first Monday in May of each year unless the department makes the election
provided in subsection 7.
4. The minimum special tax due annually pursuant to this section from each owner of
livestock is $5.
5. Upon the receipt of payment of the special tax and the report thereof by the state
controller, the department shall credit the amount of the tax as paid on its records.
6. The special taxes paid by an owner of livestock, when transmitted to the state
treasurer, must be deposited in the livestock inspection account.
7. The department may elect to perform the duties otherwise performed by the county
assessor and county treasurer under NRS 575.100 to 575.140, inclusive.
571.035. Maximum rate of tax; minimum tax; deposit in livestock inspection account
[effective July 1, 2004]
1. Upon approval of the report of owners of livestock and sheep pursuant to NRS 575.180, the department shall fix the amount of the annual special tax on each head of the following specified classes of livestock, which, except as otherwise provided in subsection 3, must not exceed the following rates per head for each class:
Class
Rate per head
Stock cattle ................................................. $0.28
Dairy cattle .......................................... ......... .53
Horses ...................................................
...... .75
Mules
........................................................ .. .75
Burros or asses ............................................. . .75
Hogs and pigs ................................................ .07
Goats ..........................................................
.06
2. As used in subsection 1:
(a) "Dairy cattle" are bulls, cows and heifers of the dairy breeds that are more than 6 months old.
(b) "Stock cattle" are:
(1) Steers of any breed and other weaned calves of the beef breeds that are more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses exclude animals that are less than 1 year old.
3. The minimum special tax due annually pursuant to this section from each owner of livestock is $5.
4. Upon the receipt of payment of the special tax and the report thereof by the state controller, the department shall credit the amount of the tax as paid on its records.
5. The special taxes paid by an owner of livestock, when transmitted to the state treasurer, must be deposited in the livestock inspection account.
571.045. State quarantine officer's power to proclaim and enforce quarantine.
1. The state quarantine officer may proclaim and enforce quarantine against any state,
territory or district, or any portion of any state, territory or district, with respect to
the importation into or transportation through the State of Nevada of livestock which may
be infected with, or which may have been exposed to infection with, any infectious,
contagious or parasitic disease.
2. No quarantine shall be issued under the provisions of NRS 571.045 to 571.110, inclusive, which will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.
3. The quarantine shall remain effective until vacated by order of the state quarantine officer.
571.050. Embargo against or regulation of importation; amendments.
1. Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, may:
(a) Consist of a complete embargo against the importation into or transportation through
the state of any livestock so quarantined against; or
(b) Provide for the importation into or transportation through the state of such livestock
under such rules and regulations as may be set forth and prescribed in the quarantine at
the time the same is issued.
2. Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive,
shall remain in force and effect until removed or modified by the state quarantine
officer, but:
(a) The state quarantine officer may amend from time to time any quarantine so issued; and
(b) Any such amendments shall be general in their application and shall not apply to any
individual shipment or importation.
571.060. Certified copies of quarantine to be delivered to certain officers.
If a quarantine is declared as provided in NRS 571.045 to 571.110, inclusive, against the
importation into or transportation through this state of any livestock from any other
state, territory or district or any portion or portions thereof, a certified copy of such
quarantine shall be personally delivered by the state quarantine officer or his
representative or mailed by certified or registered mail to each of the following:
1. The governor or the proper quarantine official of such state, territory or district.
2. The United States quarantine official having jurisdiction over the same character of quarantine.
3. The state agent or other qualified official of any interstate railroad, express company or other common carrier doing business within this state.
571.070. Administration; cooperation with state and federal officers.
1. The state quarantine officer is designated the authority to administer the provisions
of NRS 571.045 to 571.110, inclusive.
2. Insofar as practicable, the state quarantine officer, in carrying out the provisions of NRS 571.045 to 571.110, inclusive, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.
571.080. Destruction or shipment of livestock transported in violation of quarantine.
1. Any livestock imported into or being transported through this state in violation of any
quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, shall be
seized immediately by the state quarantine officer or his authorized representative and
treated in a manner approved by the state quarantine officer, or destroyed, or sent out of
the state within 48 hours, at the expense of the owner thereof.
2. When the movement of any livestock seized by the state quarantine officer, as provided in subsection 1, to some point without the state would further endanger any industry of this state, the livestock so seized by the state quarantine officer shall be destroyed at the expense of the owner.
571.090. Unlawful transportation in violation of quarantine.
It is unlawful for any railroad, express company or other common carrier, or any persons,
to import into or transport through the State of Nevada any livestock in violation of the
provisions of NRS 571.045 to 571.110, inclusive, or to make delivery of any such livestock
to any persons within the limits of this state.
571.100. Criminal proceedings: Proof of disease or exposure to disease.
In any criminal proceeding arising under the provisions of NRS 571.045 to 571.110,
inclusive, proof that any livestock, prohibited by proclamation of quarantine from
importation into or transportation through this state, was imported into or transported
through this state in violation of such quarantine shall be deemed proof within the
meaning of NRS 571.045 to 571.110, inclusive, that the same was diseased, exposed to
disease or infected, or exposed to infection.
571.110. Penalty.
Any person, corporation, common carrier, agent or employee of any corporation violating or
assisting in violating any of the provisions of NRS 571.045 to 571.100, inclusive, is
guilty of a gross misdemeanor.
571.120. Duties of state agencies.
1. The department shall do all things necessary for the control and eradication of
infectious, contagious or parasitic diseases of livestock.
2. The director shall cooperate with the administrator of the division of wildlife of the
state department of conservation and natural resources in a program to prevent the spread
of communicable diseases in livestock and wildlife in this state.
3. As used in this section, "wildlife" has the meaning ascribed to it in NRS
501.097.1.
571.130. Adoption of rules and regulations of Secretary of Agriculture relating to
control and suppression of disease in livestock.
The state quarantine officer may adopt rules and regulations of the Secretary of
Agriculture of the United States relating to the control and suppression of disease in
livestock, and may cooperate with the Secretary of Agriculture and his officers in he
enforcement of such rules and regulations.
571.135. Regulations for processing of food waste to be fed to livestock, fish or other
animals.
1. The state quarantine officer, with the approval of the state board of agriculture, may
adopt such regulations requiring the processing of food waste before it is fed to
livestock, fish or other animals as are necessary to prevent the introduction or spread of
infectious, contagious or parasitic diseases. The regulations may prescribe a procedure by
which permits are issued to those persons desiring to process food waste, minimum
standards of sanitation are established and periodic inspections of the processing
facilities are made. The state quarantine officer may collect a reasonable annual fee for
each permit issued to recover costs incurred by the department in the issuance of permits
and the inspection of processing facilities.
2. Any regulation adopted pursuant to this section does not apply to a person feeding food
waste from his household to livestock, fish or other animals being raised on the premises
for his consumption.
3. As used in this section, "food waste" means all waste material derived in
whole or in part from the meat of any animal or other animal material, or other refuse
associated with any such material, resulting from the handling, preparation and
consumption of food.
571.140. Inspection, testing, treatment, quarantine and condemnation of livestock.
The state quarantine officer, or his representatives or his agents, may inspect, test,
treat, quarantine and condemn livestock affected with any infectious, contagious or
parasitic disease, and any such person may enter upon any ground or premises of this state
to enforce the inspection, testing, treatment, quarantine and condemnation laws and all
the rules, regulations and orders of the department.
571.150. Inspection, testing or quarantine of livestock infected or exposed to infection.
The state quarantine officer may inspect, test or quarantine any livestock in the state
infected with, suspected of being or which have been exposed to an infectious, contagious
or parasitic disease, and compel testing or treatment at such times and as often as he
deems necessary to insure the suppression of disease.
571.160. Notice to state quarantine officer of livestock infected with disease.
If any livestock becomes infected with any infectious, contagious or parasitic disease as
defined by rules and regulations adopted by the state quarantine officer, the owner or
agent in charge, an inspector of the department or any practicing veterinarian shall
immediately notify the state quarantine officer. A notification of disease received
pursuant to this section must be kept confidential unless:
1. The reported disease is specifically regulated pursuant to NRS 571.130 for mandatory
control and eradication to protect the public health, other livestock or wildlife; or
2. The state quarantine officer determines that a public health emergency exists.
571.170. Regulations for quarantine of diseased livestock; expense of treatment, feeding,
care and testing.
1. If livestock is found diseased, the state quarantine officer may make regulations for
their quarantine at once, and he may define the place and limits within which such
livestock may be grazed, herded or driven. Such livestock may be held in quarantine until
released by the state quarantine officer.
2. The expense of treatment, feeding and taking care of all livestock quarantined under the provisions of NRS 571.120 to 571.250, inclusive, shall be paid by the owner or agent in charge of such livestock, and such expense shall be a lien upon such livestock until paid.
3. The expense of testing livestock and the expense of handling livestock for the purpose of testing shall be paid by the owner or agent in charge of such livestock, at the option of the state quarantine officer, and such expense shall be a lien upon such livestock until paid.
571.180. Removal of quarantined or infected livestock prohibited without permit.
In no case shall any quarantined livestock, livestock products or livestock suspected of
being infected with or of being or which have been exposed to infectious, contagious or
parasitic diseases be removed from one point to another within any area, or from one area
to another, without a written permit from the state quarantine officer.
571.190. Destruction of livestock infected with or exposed to disease: Procedure; owner's
compensation.
1. The state quarantine officer may order and have destroyed any livestock infected with
or exposed to any infectious, contagious or parasitic disease.
2. The department shall compensate the owners of any livestock so destroyed separately or
jointly with any county or municipality of the state or any agency of the Federal
Government, the amount of the compensation to be determined by appraisal before the
affected livestock is destroyed.
3. The appraisal must be made by the state quarantine officer or a qualified agent
designated by him and the owners or their authorized representative. In the event of their
failure to reach an agreement, the two so selected shall designate a disinterested person,
who by reason of experience in such matters is a qualified judge of livestock values, to
act with them. The judgment of any two such appraisers is binding and final upon all
persons.
4. The total amount received by the owners of livestock so destroyed, including
compensation paid by the department, any county or municipality or any agency of the
Federal Government or any livestock insurance company, and the salvage received from the
sale of hides or carcasses or any other source, combined, must not exceed 75 percent of
the actual appraised value of the destroyed livestock.
5. Any natural person or corporation purchasing any livestock which was at the time of
purchase under quarantine by any state, county or municipal authorities or any agency of
the Federal Government authorized to lay such quarantine, or who purchases any livestock
which due diligence and caution would have shown to be diseased or which have been shipped
or transported in violation of the rules and regulations of any agency of the Federal
Government or the State of Nevada, is not entitled to receive compensation, and the
department may order the destruction of the livestock without making any compensation to
the owner.
6. No payment may be made hereunder as compensation for or on account of any such
livestock destroyed if, at the time of inspection or test of the livestock or at the time
of the ordered destruction thereof, the livestock belongs to or is upon the premises of
any person, firm or corporation to which the livestock has been sold, shipped or delivered
for slaughter.
7. In no case may any payment by the department pursuant to the provisions of this section
be more than $75 for any grade livestock or more than $200 for any purebred livestock, and
no payment may be made unless the owner has complied with all quarantine rules and
regulations of the department.
571.200. Disposal of carcasses of diseased livestock.
1. The owner or agent in charge of any livestock that has died or has been killed as a
result of any infectious, contagious or parasitic disease shall immediately bury the
carcasses thereof at least 3 feet underground or cause the carcasses to be consumed by
fire, and such carcasses shall not be sold or given away.
2. In order to carry out the requirements of subsection 1, such carcasses may be conveyed on a public highway or public road, or conveyed on land not owned by the owner or agent in charge of such carcasses, in accordance with rules and regulations promulgated by the state quarantine officer.
3. The expense of burying, burning or conveying such carcasses shall be paid by the owner or agent in charge of such carcasses, and such expense shall be a lien upon remaining livestock or other real or personal property of such owner or agent in charge until paid.
571.210. Entry of livestock from another state: Compliance with regulations; notice;
health certificate; violation of section.
1. Livestock not under special quarantine by the State of Nevada, the Federal Government,
or the state, territory or district of origin may enter the State of Nevada in compliance
with regulations adopted by the state quarantine officer.
2. Notice that livestock is in transit is not required unless the livestock remains in the state, or is to be unloaded to feed and rest for longer than 48 hours.
3. A person, his agents or employees shall not bring livestock into this state unless he has obtained a health certificate showing that the livestock is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to animals whose accustomed range is on both sides of the Nevada state line and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The state quarantine officer shall adopt regulations concerning the form of the certificate.
4. A person shall not:
(a) Alter a health certificate; or
(b) Divert livestock from the destination described on the health certificate without
notifying the state quarantine officer within 72 hours after the diversion of the
livestock.
5. Any livestock brought into this state without complying with this section may be seized, destroyed or sent out of this state by the state quarantine officer within 48 hours. The expense of seizing, destroying or removing the livestock must be paid by the owner or his agent in charge of the livestock and the expense is a lien on the livestock, unless it was destroyed, until paid.
571.220. Quarantine, cleaning and disinfection of places where livestock handled; payment
of expenses.
1. The state quarantine officer shall quarantine any corrals, pens, slaughterhouses,
buildings, places, cars, trucks or vehicles where livestock may have been handled, and
compel the cleaning and disinfecting of the same when deemed necessary for the purposes of
this chapter.
2. Where owners or persons in charge of such places or vehicles refuse to clean and disinfect them, an inspector may take charge of such places or vehicles and cause them to be cleaned and disinfected. The expense of such cleaning and disinfecting shall be paid by the owners or persons in charge, and shall be a lien upon such corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles until such expense is paid.
571.230. Right of entry of inspectors.
Inspectors may at all times enter any premises, farms, fields, corrals, pens,
slaughterhouses, buildings, places, cars, trucks or vehicles where any livestock is
quartered for the purpose of examining such places, vehicles or livestock in order to
determine whether they are affected with any infectious, contagious or parasitic disease.
571.240. Inspection of livestock about to be removed from state.
1. Inspectors may inspect any or all livestock about to be shipped, driven, transported or
otherwise removed from the state.
2. Consignors, possessors or persons in charge of such livestock shall, upon demand, fully establish title to such livestock or the legal right to so ship, transport, drive or otherwise remove the livestock from the state.
571.250. Penalties.
Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing,
refusing or neglecting to perform or observe any conditions, orders, rules or regulations
prescribed by the state quarantine officer in accordance with the provisions of NRS
571.120 to 571.240, inclusive, is guilty of a misdemeanor and, in addition to any criminal
penalty, shall pay to the department an administrative fine of not more than $1,000 per
violation. If an administrative fine is imposed pursuant to this section, the costs of the
proceeding, including investigative costs and attorney's fees, may be recovered by the
department.
Amended in 1999, 2001.
Reviewed and updated by AAHS in December 2001.
Reviewed and updated by AAHS in May 2003.
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