[Rev. 5/23/2016 8:23:48 AM--2015]

CHAPTER 587 - AGRICULTURAL PRODUCTS AND SEEDS

GENERAL PROVISIONS

NRS 587.001           Definitions.

NRS 587.003           “Department” defined.

NRS 587.005           “Director” defined.

SEEDS

NRS 587.015           Definitions.

NRS 587.017           “Advertisement” defined.

NRS 587.019           “Agricultural seeds” defined.

NRS 587.021           “Certified seed” defined.

NRS 587.023           “Certifying agency” defined.

NRS 587.025           “Consumer” defined.

NRS 587.031           “Flower seeds” defined.

NRS 587.033           “Grower’s or tree seedsman’s declaration” defined.

NRS 587.035           “Hybrid” defined.

NRS 587.037           “Kind” defined.

NRS 587.039           “Labeling” defined.

NRS 587.041           “Lot” defined.

NRS 587.042           “Noxious weed” defined.

NRS 587.043           “Origin” defined.

NRS 587.051           “Record” defined.

NRS 587.055           “Screenings” defined.

NRS 587.057           “Seizure” defined.

NRS 587.059           “Stop sale” defined.

NRS 587.061           “Treated” defined.

NRS 587.063           “Tree and shrub seeds” defined.

NRS 587.065           “Tree seedsman” defined.

NRS 587.067           “Type” defined.

NRS 587.069           “Variety” defined.

NRS 587.071           “Vegetable seeds” defined.

NRS 587.073           “Weed seeds” defined.

NRS 587.075           Administration and enforcement of provisions.

NRS 587.077           Official seed-certifying agency for State; standards governing certification; fees.

NRS 587.079           Service grain grading; schedule of fees.

NRS 587.081           Sampling, inspection, analysis and testing of seeds; notification of violations.

NRS 587.083           Adoption of regulations.

NRS 587.085           Entry of premises or conveyance for examination of seeds, screenings or records; issuance of stop-sale order.

NRS 587.087           Stop-sale orders: Effect; notification of shippers and consignors; appeals.

NRS 587.089           Cooperation with United States Department of Agriculture and other agencies.

NRS 587.091           Seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs: General requirements for labels.

NRS 587.093           Seeds of agricultural crops: Requirements for labels.

NRS 587.097           Seeds of vegetables: Requirements for labels for containers of 1 pound or less.

NRS 587.099           Seeds of vegetables: Requirements for labels for containers of more than 1 pound.

NRS 587.101           Seeds of flowers: Requirements for labels for packets prepared for use in home gardens or plantings for households; preplanted containers.

NRS 587.103           Seeds of flowers: Requirements for labels for other containers.

NRS 587.105           Seeds of trees and shrubs: Requirements for labels.

NRS 587.107           Retention and inspection of records and samples.

NRS 587.109           White or Irish seed potatoes imported into State: Notice to Director; requirement to hold potatoes until inspected or released without inspection; disposal of diseased potatoes.

NRS 587.111           Prohibitions.

NRS 587.113           Further prohibitions.

NRS 587.114           Sale of uncertified seed by variety name unlawful.

NRS 587.115           Exemptions.

NRS 587.117           When seller not subject to penalty for incorrect labeling or representations.

NRS 587.119           Permit required for removal of screenings or cleanings from premises; treatment of screenings.

NRS 587.121           Seizure.

NRS 587.123           Penalty.

ALFALFA SEED RESEARCH AND PROMOTION

NRS 587.131           Definitions.

NRS 587.135           Alfalfa Seed Advisory Board: Creation; number and qualifications of members.

NRS 587.141           Alfalfa Seed Advisory Board: Members not paid.

NRS 587.145           Alfalfa Seed Advisory Board: Powers and duties.

NRS 587.151           Powers and duties of State Board of Agriculture.

NRS 587.153           Deposit of gifts and grants in Alfalfa Seed Research and Promotion Account.

NRS 587.155           Levy and collection of special assessment; deposits to and refunds from Alfalfa Seed Research and Promotion Account.

NRS 587.161           Liability for payment of special assessment.

NRS 587.165           Penalty for failure to file return or pay assessment.

NRS 587.171           Recovery of delinquent assessment and penalties.

NRS 587.175           Records of dealers.

NRS 587.181           Requirements for growers shipping out of State.

NRS 587.185           Penalty. [Repealed.]

STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS

NRS 587.290           “Agricultural products” defined.

NRS 587.310           Administration by State Quarantine Officer.

NRS 587.360           State inspectors: Designation; fees for services.

NRS 587.370           County inspectors: Employment; compensation; license required; allocation of inspection fees.

NRS 587.380           License to inspect or classify agricultural products; regulations; compensation of licensees; suspension and revocation of licenses. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.380           License to inspect or classify agricultural products; regulations; compensation of licensees; suspension and revocation of licenses. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.382           Payment of child support: Statement by applicant for license; grounds for denial of license; duty of State Quarantine Officer. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.384           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.386           Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.388           Application for renewal of license to inspect or classify agricultural products required to include information relating to state business registration; renewal of license prohibited in certain circumstances.

NRS 587.390           Official standards for grading and classifying agricultural products and farm product containers: Adoption by State Quarantine Officer; changes.

NRS 587.395           Renewal of license to inspect or classify agricultural products: Requirements; duties of State Quarantine Officer; grounds for denial of renewal. [Replaced in revision by NRS 587.388.]

NRS 587.400           Notice of effective date of standard or of alterations or modifications; dissemination of information concerning standards.

NRS 587.410           Adoption of federal standards; cooperation with United States.

NRS 587.420           Appeals to State Quarantine Officer from findings of inspectors; fees.

NRS 587.430           Certificates as prima facie evidence.

NRS 587.440           Unlawful acts; penalty.

NRS 587.450           Prohibition on misrepresenting agricultural product or using container not conforming to applicable standard.

FRUITS, NUTS AND VEGETABLES

NRS 587.460           Definitions.

NRS 587.470           “Bulk lot” and “bulk load” defined.

NRS 587.480           “Deceptive arrangement” and “deceptive display” defined.

NRS 587.490           “Deceptive pack” defined.

NRS 587.500           “Mature” defined. [Repealed.]

NRS 587.510           “Mislabel” defined.

NRS 587.520           “Overripe” defined. [Repealed.]

NRS 587.530           “Transport” defined.

NRS 587.540           Enforcement of provisions.

NRS 587.550           Adoption of regulations.

NRS 587.560           Cooperation with 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           Nonconformity with provisions unlawful.

NRS 587.600           Deceptive packs, loads or displays unlawful.

NRS 587.610           Mislabeling, false or misleading statements or advertising unlawful.

NRS 587.620           Unlawful to violate or remove hold order.

NRS 587.630           Packing requirements.

NRS 587.640           Refusal to permit inspection unlawful.

NRS 587.650           Unlawful to pack, transport or sell defective or damaged products.

NRS 587.660           Certain provisions applicable only when specific standards of quality not otherwise established.

COMMERCIAL FEED FOR LIVESTOCK

NRS 587.670           Definitions. [Repealed.]

NRS 587.680           Adoption of rules and regulations. [Repealed.]

NRS 587.690           Requirements for labels; information to be furnished to purchaser; exceptions. [Repealed.]

CRAFT FOODS

NRS 587.691           Definitions.

NRS 587.692           “Acidified foods” defined.

NRS 587.693           “Craft food operation” defined.

NRS 587.694           “Health authority” defined.

NRS 587.6945         Conditions under which craft food operation not regulated as food establishment; local governing bodies prevented from prohibiting craft food operations.

NRS 587.695           Requirements for production of acidified food by craft food operation.

NRS 587.696           Registration to produce acidified foods: Requirements and qualifications; period of validity; renewal; provision of updates and information by Department to registrants; inspections; fees.

NRS 587.697           Payment of child support: Statement by applicant for registration; grounds for denial of registration; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.698           Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.699           Regulations.

CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANIC AGRICULTURAL PRODUCTS

NRS 587.700           Definitions.

NRS 587.715           “Agricultural product” defined.

NRS 587.740           “Federal Act” defined.

NRS 587.750           “Handler” defined.

NRS 587.780           “Producer” defined.

NRS 587.800           Director authorized to establish program for certification of producers and handlers of organic agricultural products; approval of program by Secretary of Agriculture.

NRS 587.810           Advisory Council for Organic Agricultural Products: Creation; members; powers.

NRS 587.820           Advisory Council for Organic Agricultural Products: Terms of members; vacancy; election of officers; meetings; compensation of members.

NRS 587.830           Regulations for administration and enforcement of program for certification of producers and handlers of organic agricultural products; fees.

COMMERCIAL FEED

NRS 587.841           Definitions.

NRS 587.843           “Commercial feed” defined.

NRS 587.845           “Distribute” defined.

NRS 587.847           “Drug” defined.

NRS 587.849           “Guarantor” defined.

NRS 587.851           “Label” defined.

NRS 587.853           “Licensee” defined.

NRS 587.855           “Manufacture” defined.

NRS 587.857           “Mineral feed” defined.

NRS 587.859           “Pet food” defined.

NRS 587.861           “Specialty pet food” defined.

NRS 587.863           Applicability.

NRS 587.865           Manufacturer, distributor or guarantor of commercial feed: License required; exemption.

NRS 587.867           Manufacturer, distributor or guarantor of commercial feed: Application for license; annual renewal; fees.

NRS 587.869           Manufacturer, distributor or guarantor of commercial feed: Issuance of license; grounds for denial, suspension or revocation.

NRS 587.871           Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.873           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 587.875           Application for renewal of license required to include information relating to state business registration; renewal of license prohibited in certain circumstances.

NRS 587.877           Submission of quarterly report and payment of fee required of licensee; exemption from fee; maintenance of records; confidentiality.

NRS 587.879           Commercial Feed Account: Creation; administration; authorized expenditures; interest and income.

NRS 587.881           Authority of Department to conduct inspections; collection and testing of samples; search warrant may be obtained if owner, operator or agent refuses inspection.

NRS 587.883           Authority of Department to conduct inspection or audit upon request of licensee; fees for costs.

NRS 587.885           Requirements for labels.

NRS 587.887           Misbranding unlawful.

NRS 587.889           Adulteration unlawful.

NRS 587.891           Reuse of packaging without proper cleaning unlawful.

NRS 587.893           Order prohibiting licensee from disposing of commercial feed: Grounds for issuance; inspection required; rescission of order; proceedings for condemnation.

NRS 587.895           Civil penalties; deposit and use of money.

NRS 587.897           Annual publication: Information concerning sales of commercial feed; data related to production and use; report on testing of samples.

NRS 587.899           Authority of Department to enter into agreements and adopt regulations.

PENALTIES

NRS 587.900           Civil penalties; deposit and use of money.

_________

GENERAL PROVISIONS

      NRS 587.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 587.003 and 587.005 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 3724)

      NRS 587.003  “Department” defined.  “Department” means the State Department of Agriculture.

      (Added to NRS by 1999, 3724)

      NRS 587.005  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1999, 3724)

SEEDS

      NRS 587.015  Definitions.  As used in NRS 587.015 to 587.123, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.017 to 587.073, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1969, 354; A 1985, 624; 1993, 1783; 1999, 3724)

      NRS 587.017  “Advertisement” defined.  “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of NRS 587.015 to 587.123, inclusive.

      (Added to NRS by 1969, 354)

      NRS 587.019  “Agricultural seeds” defined.  “Agricultural seeds” includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of those seeds, and may include any other kind of seeds if the Director determines that the seed is being used as agricultural seed.

      (Added to NRS by 1969, 354; A 1993, 1783; 1999, 3724)

      NRS 587.021  “Certified seed” defined.  “Certified seed” means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an officially recognized certifying agency and includes the breeders, foundation, registered and certified seed classes.

      (Added to NRS by 1969, 354)

      NRS 587.023  “Certifying agency” defined.  “Certifying agency” means:

      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 the United States Secretary of Agriculture to adhere to procedure and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under subsection 1.

      (Added to NRS by 1969, 354)

      NRS 587.025  “Consumer” defined.  “Consumer” means any person who purchases or otherwise obtains seed for sowing but not for resale.

      (Added to NRS by 1969, 354)

      NRS 587.031  “Flower seeds” defined.  “Flower seeds” includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.

      (Added to NRS by 1969, 354)

      NRS 587.033  “Grower’s or tree seedsman’s declaration” defined.  “Grower’s or tree seedsman’s declaration” is a statement signed by the grower or tree seedsman giving, for a lot of seed, the lot number, the kind and variety, species and subspecies for tree and shrub seed, origin and weight.

      (Added to NRS by 1969, 354)

      NRS 587.035  “Hybrid” defined.  “Hybrid” means the first generation seed of a cross produced by controlling the pollination and by combining:

      1.  Two or more inbred lines;

      2.  One inbred or a single cross with an open-pollinated variety; or

      3.  Two varieties or species, except open-pollinated varieties of corn (Zea mays).

Ê The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.

      (Added to NRS by 1969, 355)

      NRS 587.037  “Kind” defined.  “Kind” means one or more related species or subspecies which singly or collectively are known by one common name, for example, corn, oats, alfalfa and timothy.

      (Added to NRS by 1969, 355)

      NRS 587.039  “Labeling” defined.  “Labeling” includes all labels and other written, printed or graphic representations, in any form whatever, accompanying or pertaining to any seed, whether in bulk or in containers, and includes representations on invoices.

      (Added to NRS by 1969, 355)

      NRS 587.041  “Lot” defined.  “Lot” means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

      (Added to NRS by 1969, 355)

      NRS 587.042  “Noxious weed” defined.  “Noxious weed” means a weed the presence of whose seed among other seeds is prohibited or restricted pursuant to this chapter.

      (Added to NRS by 1985, 624)

      NRS 587.043  “Origin” defined.  “Origin” for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds or plants were originally introduced.

      (Added to NRS by 1969, 355)

      NRS 587.051  “Record” defined.  “Record” includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed. For tree and shrub seed the record also includes all documents supporting the statement of origin of the seed.

      (Added to NRS by 1969, 355)

      NRS 587.055  “Screenings” defined.  “Screenings” means chaff, seed, weed seeds, inert matter and other materials removed from seed in preparing it for use.

      (Added to NRS by 1969, 355; A 1985, 624)

      NRS 587.057  “Seizure” defined.  “Seizure” means a legal process carried out by court order against an amount of seed or screenings.

      (Added to NRS by 1969, 355)

      NRS 587.059  “Stop sale” defined.  “Stop sale” means an administrative order provided by law, restraining the sale, use, disposition or movement of a definite amount of seed or screenings.

      (Added to NRS by 1969, 355)

      NRS 587.061  “Treated” defined.  “Treated” means that the seed has received an application of a substance, or that the seed has been subjected to a process for which a claim is made.

      (Added to NRS by 1969, 355)

      NRS 587.063  “Tree and shrub seeds” defined.  “Tree and shrub seeds” includes seeds of woody plants commonly known and sold as tree and shrub seeds in this state.

      (Added to NRS by 1969, 356)

      NRS 587.065  “Tree seedsman” defined.  “Tree seedsman” is any person who makes a business of producing, or collecting and processing and selling tree seed.

      (Added to NRS by 1969, 356)

      NRS 587.067  “Type” defined.  “Type” means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.

      (Added to NRS by 1969, 356)

      NRS 587.069  “Variety” defined.  “Variety” means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics, by which it can be differentiated from other plants of the same kind.

      (Added to NRS by 1969, 356)

      NRS 587.071  “Vegetable seeds” defined.  “Vegetable seeds” includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of seeds of vegetables or herbs in this state.

      (Added to NRS by 1969, 356; A 1985, 625)

      NRS 587.073  “Weed seeds” defined.  “Weed seeds” includes the seeds and bulblets of all plants generally recognized as weeds within this state.

      (Added to NRS by 1969, 356; A 1985, 625)

      NRS 587.075  Administration and enforcement of provisions.  The Director shall administer and enforce the provisions of NRS 587.015 to 587.123, inclusive.

      (Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

      NRS 587.077  Official seed-certifying agency for State; standards governing certification; fees.  The Department is designated as the official seed-certifying agency for the State of Nevada. The Director shall, by rules or regulations, adopt and enforce standards governing the certification of seed as to variety, purity, quality or other matters relating thereto, and shall establish a schedule of fees for that certification.

      (Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

      NRS 587.079  Service grain grading; schedule of fees.  The Director may do service grain grading, including testing for dockage and moisture, and may establish a schedule of fees for that grading and testing.

      (Added to NRS by 1969, 356; A 1993, 1783; 1999, 3724)

      NRS 587.081  Sampling, inspection, analysis and testing of seeds; notification of violations.  The Director or the Director’s authorized representatives shall:

      1.  Sample, inspect, make analysis of and test seeds subject to NRS 587.015 to 587.123, inclusive, that are transported, sold, offered or exposed for sale within the State for sowing purposes, at such time and place and to such extent as may be necessary to determine whether the seeds are in compliance with NRS 587.015 to 587.123, inclusive.

      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; 1999, 3724)

      NRS 587.083  Adoption of regulations.

      1.  The Director shall adopt regulations:

      (a) Governing the terms and methods used in sampling, inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123, inclusive, and the tolerances to be used.

      (b) Establishing a list of prohibited and restricted noxious weeds and prescribing the maximum rate of occurrence per pound of seeds of restricted noxious weeds which may be associated with any seeds. A noxious weed may be prohibited if it is highly destructive and difficult to control in this state by ordinary good cultural or chemical practice and restricted if it is objectionable or injurious in fields, lawns and gardens of this state, but may be controlled by good cultural or chemical practices.

      (c) Establishing minimum standards of germination for seeds of vegetables, herbs and flowers.

      (d) Defining the terms to be used in labeling seeds.

      (e) Establishing a list of the species of trees and shrubs subject to the labeling requirements set forth in subsection 7 of NRS 587.105.

      (f) Establishing the duration of the validity of testing to determine the percentage of germination of seeds subject to the requirements for labeling as set forth in NRS 587.091 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 to kind and variety or the characteristics of type and performance as required by NRS 587.101 and 587.103.

      (h) Establishing a list of the kinds of seeds of flowers which are subject to the labeling requirements of NRS 587.101 and 587.103.

      2.  The Director may adopt such other regulations as are necessary to carry out the provisions of NRS 587.015 to 587.123, inclusive.

      (Added to NRS by 1969, 356; A 1985, 625; 1993, 1783; 1999, 3724)

      NRS 587.085  Entry of premises or conveyance for examination of seeds, screenings or records; issuance of stop-sale order.  The Director or the Director’s authorized representatives may:

      1.  Enter upon or within any public or private premises or upon or into any truck or other conveyance by land, water or air at any time to examine seeds, screenings or records which are subject to the provisions of NRS 587.015 to 587.123, inclusive, or rules and regulations adopted pursuant thereto.

      2.  Issue and enforce a written or printed stop-sale order against the owner or custodian of any seed or screenings which are found to be in violation of any of the provisions of NRS 587.015 to 587.123, inclusive, or the rules and regulations adopted pursuant thereto.

      (Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725)

      NRS 587.087  Stop-sale orders: Effect; notification of shippers and consignors; appeals.

      1.  A stop-sale order issued pursuant to subsection 2 of NRS 587.085 may prohibit the sale, processing or movement of the seed or screenings until evidence is submitted or obtained that the violation has been corrected and a release from the stop-sale order is issued.

      2.  Whenever tree seed, shrub seed or screenings are subject to a stop-sale order, the Director or the Director’s representative shall notify the shipper or consignor that the order is in effect. Upon the shipper’s or consignor’s request, the Director may permit the return of the seed to the shipper or may permit the seed to be transferred to a mutually acceptable storage 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 district court in the county in which the seeds, subject to the order, are located.

      (Added to NRS by 1969, 357; A 1993, 1784; 1999, 3725)

      NRS 587.089  Cooperation with United States Department of Agriculture and other agencies.  The Director shall cooperate with the United States Department of Agriculture and other appropriate agencies in seed law enforcement.

      (Added to NRS by 1969, 357; A 1993, 1785; 1999, 3726)

      NRS 587.091  Seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs: General requirements for labels.

      1.  Each container of seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs which is sold, offered for sale or transported within this state for sowing purposes must bear or have attached to it, in a conspicuous place, a plainly written label or tag in the English language, giving the net weight of the seed and the information specified for the respective classes of seed in subsection 2 and in NRS 587.093 to 587.105, inclusive, which information must not be modified or denied in the labeling or on another label attached to the container.

      2.  For all such seeds which are treated, the label must contain:

      (a) A word or statement indicating that the seed has been treated;

      (b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the substance used for treatment, or the description of the process used for treatment;

      (c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution, stating: “Do not use for food, feed or oil purposes.” The caution for mercurials and similarly toxic substances must be a statement or symbol indicating the presence of poison; and

      (d) If the seed is treated with an inoculant, the month and year beyond which the inoculant is not to be considered effective.

      3.  A separate label may be used to contain the information required in subsection 2.

      (Added to NRS by 1969, 357; A 1985, 626)

      NRS 587.093  Seeds of agricultural crops: Requirements for labels.  The labeling of containers for seeds of agricultural crops must state, in addition to the requirements of NRS 587.091:

      1.  The kind and variety, or the kind and the phrase “variety not stated,” for each seed of another crop in the container in excess of 5 percent of the whole, and the percentage by weight of the pure seed of each listed in a column in order of its predominance. Seeds of other crops in the container which are less than 5 percent of the whole may be claimed as part of a mixture but if so must conform to the requirements applicable to seeds in excess of 5 percent of the whole. Mixtures must be designated by the word “mixed” or “mixture” accompanying the name of the mixture. Hybrids must be labeled as hybrids.

      2.  The number or other identification of the lot.

      3.  The origin, state or foreign country, if known, of alfalfa, red clover and field corn, but not of hybrid corn. If the origin is unknown, this fact must be stated.

      4.  The percentage by weight of all seeds of weeds present.

      5.  The name and rate of occurrence per pound of each kind of seeds of restricted noxious weeds present.

      6.  The percentage by weight of seeds of crops other than 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 the label:

      (a) The percentage of germination, exclusive of hard seed;

      (b) The percentage of hard seed, if present; and

      (c) The month and year the test for germination was completed, and for mixtures, only the date of the oldest test of the seeds in the mixture.

Ê In addition, following the percentages shown in paragraphs (a) and (b), the total germination and hard seed may be stated as such.

      9.  The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      (Added to NRS by 1969, 358; A 1985, 626)

      NRS 587.097  Seeds of vegetables: Requirements for labels for containers of 1 pound or less.  The labeling of containers for seeds of vegetables in containers of 1 pound or less must state, in addition to the requirements of NRS 587.091:

      1.  The name of the kind and variety of the seed.

      2.  For seeds which germinate less than the standard established in the regulations adopted under paragraph (c) of subsection 1 of NRS 587.083:

      (a) The percentage of germination, exclusive of hard seed;

      (b) The percentage of hard seed, if present;

      (c) The month and year the test for germination was completed; and

      (d) The words, “below standard,” in not less than 8-point type.

      3.  The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      4.  The name and rate of occurrence per pound of each kind of seed of restricted noxious weeds present in the container.

      (Added to NRS by 1969, 359; A 1985, 627)

      NRS 587.099  Seeds of vegetables: Requirements for labels for containers of more than 1 pound.  The labeling of containers for seeds of vegetables in containers of more than 1 pound must state, in addition to the requirements of NRS 587.091:

      1.  The name of each kind and variety present in excess of 5 percent of the whole, and the percentage by weight of each in order of its predominance.

      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 hard seed;

      (b) The percentage of hard seed, if present; and

      (c) The month and year the test for germination was completed.

      4.  The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      5.  The name and rate of occurrence per pound of each kind of seed of restricted noxious weeds present in the container.

      (Added to NRS by 1969, 359; A 1985, 627)

      NRS 587.101  Seeds of flowers: Requirements for labels for packets prepared for use in home gardens or plantings for households; preplanted containers.  The labeling for seeds of flowers in packets prepared for use in home gardens or plantings for households must state, in addition to the requirements of NRS 587.091:

      1.  For all kinds of seeds of flowers:

      (a) The name of the kind and variety or a statement of the characteristics of type and performance as prescribed in the regulations adopted under paragraph (g) of subsection 1 of NRS 587.083;

      (b) The month and year the seed was tested for germination or the year for which the seed was packaged; and

      (c) The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      2.  In addition, for seeds of those kinds for which standard procedures for testing are prescribed and which germinate less than the standard of germination established in the regulations adopted under paragraph (c) of subsection 1 of NRS 587.083:

      (a) The percentage of germination, exclusive of hard seed; and

      (b) The words “below standard” in not less than 8-point type.

      (Added to NRS by 1969, 359; A 1985, 628)

      NRS 587.103  Seeds of flowers: Requirements for labels for other containers.  The labeling of containers for seeds of flowers in containers other than packets prepared for use in home gardens or plantings for households must state, in addition to the requirements of NRS 587.091:

      1.  For all kinds of seeds of flowers:

      (a) The name of the kind and variety or a statement of the characteristics of type and performance as prescribed in the regulations adopted under paragraph (g) of subsection 1 of NRS 587.083;

      (b) The number or other identification of the lot;

      (c) The month and year the seed was tested for germination or the year for which the seed was packaged; and

      (d) The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      2.  In addition, for those kinds of seeds for which standard procedures for testing are prescribed:

      (a) The percentage of germination, exclusive of hard seed; and

      (b) The percentage of hard seed, if present.

      (Added to NRS by 1969, 360; A 1985, 628)

      NRS 587.105  Seeds of trees and shrubs: Requirements for labels.  Except for seed supplied by a seedsman of trees to a consumer under a contractual agreement, which may be labeled by invoice or by an analysis tag attached to the invoice if the seed is in bulk or if each bag or other container is clearly identified by the number of the lot stenciled on the container, the labeling of each bag or container which is not so identified and each container of seeds of trees and shrubs which is sold, offered for sale or transported within this state for sowing purposes must state, in addition to the requirements of NRS 587.091:

      1.  The common name of the species of seed and subspecies, if appropriate.

      2.  The scientific name of the genus, species and subspecies, 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 indigenous stand, the area of collection given by latitude and longitude, geographic description or political subdivision, including state and county; or

      (b) For seed collected from other than a predominantly indigenous stand, identification of the area of collection and the origin of the stand or, if applicable, the statement: “Origin not indigenous.”

      5.  The upper and lower limits of elevations within which the seed was collected.

      6.  The purity of the seed as a percentage of pure seed by weight.

      7.  For those species for which standard procedures for testing germination are prescribed by the Director, one of the following:

      (a) The germination in percentage and percentage of firm ungerminated seed, and the month and year of the test;

      (b) For seed transported or delivered for transportation within the year of collection or within 6 months following the year of collection, the statement: “Test is in process”; or

      (c) For seed being transported to a consumer, the name of the consumer and a statement: “Contract seed not for resale, and subject to test to be arranged.”

      8.  For those species for which standard procedures for testing germination have not been prescribed by the Director, the year in which the seed was collected.

      9.  The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.

      (Added to NRS by 1969, 360; A 1985, 629; 1993, 1785; 1999, 3726)

      NRS 587.107  Retention and inspection of records and samples.  Each person whose name appears on a label as handling seeds subject to any of the provisions of NRS 587.015 to 587.123, inclusive, shall keep for 2 years complete records of each lot of seed handled and for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved must be available for inspection by the Director or the Director’s representative during normal business hours.

      (Added to NRS by 1969, 361; A 1993, 1785; 1999, 3726)

      NRS 587.109  White or Irish seed potatoes imported into State: Notice to Director; requirement to hold potatoes until inspected or released without inspection; disposal of diseased potatoes.

      1.  Any person importing any white or Irish potatoes intended for seed purposes into the State of Nevada shall, within 24 hours after the receipt of the potatoes, notify the Director of the arrival of the potatoes and hold them at the person’s place of business or at the point of receipt until the potatoes are inspected or released by the Director without inspection.

      2.  If, upon inspection, the Director finds that the potatoes are infected with bacterial ring rot, or other potato diseases in amounts in excess of that allowed under the standards set for Nevada certified potatoes, the potatoes may not be released for planting in this state, but must be disposed of for nonseed purposes in a manner approved by the Director.

      3.  If the seed potatoes are found to be free from bacterial ring rot, and other potato diseases are not present in excess of that allowed under the standards set for Nevada certified seed potatoes, the Director shall release the potatoes.

      (Added to NRS by 1969, 361; A 1993, 1786; 1999, 3727; 2015, 371)

      NRS 587.111  Prohibitions.  It is unlawful for any person to sell, offer for sale or transport for sale any seeds of agricultural crops, flowers, vegetables, herbs, trees or shrubs within this state:

      1.  If they are subject to the labeling requirements of NRS 587.091 to 587.105, inclusive, unless the test to determine the percentage of germination required has been completed, as prescribed in the regulations adopted under paragraph (f) of subsection 1 of NRS 587.083, immediately before the sale, offering for sale or transporting of the seed.

      2.  Unless labeled in accordance with the provisions of NRS 587.091 to 587.105, inclusive, or if bearing a false and misleading label.

      3.  Which have been the subject of a false or misleading advertisement.

      4.  Which consist of or contain prohibited seeds of noxious weeds in excess of recognized tolerances.

      5.  Which consist of or contain seeds of restricted noxious weeds in excess of the number per pound as prescribed by regulations adopted under paragraph (b) of subsection 1 of NRS 587.083, or in excess of the number stated on the label attached to the container of the seed.

      6.  Which contain seeds of weeds in excess of limits set forth in the regulations adopted under NRS 587.015 to 587.123, inclusive.

      7.  Which are represented, by labeling, advertising or otherwise, to be any particular class of certified seed, unless:

      (a) It has been determined by a certifying agency that the seed was produced, processed and packaged, in accordance with the standards established by the agency; in addition, as to seeds for trees, the seed was found to be of the origin and elevation claimed; and

      (b) The seed bears an official label, issued by the certifying agency, that the seed is certified or registered.

      (Added to NRS by 1969, 362; A 1985, 630)

      NRS 587.113  Further prohibitions.  It is unlawful for any person within this state:

      1.  To detach, alter, deface or destroy any label provided for in NRS 587.015 to 587.123, inclusive, or in the rules and regulations adopted pursuant thereto.

      2.  To alter or substitute seed contrary to the provisions of NRS 587.015 to 587.123, inclusive, or the rules and regulations adopted pursuant thereto.

      3.  To disseminate any false or misleading advertisements concerning seeds subject to NRS 587.015 to 587.123, inclusive.

      4.  To hinder or obstruct in any way any authorized person in the performance of duties under NRS 587.015 to 587.123, inclusive.

      5.  To violate a stop-sale order.

      6.  To use the word “trace” as a substitute for any statement which is required on a label.

      7.  To use the word “type” in any labeling in connection with the name of any agricultural seed variety.

      (Added to NRS by 1969, 362)

      NRS 587.114  Sale of uncertified seed by variety name unlawful.  It shall be unlawful to sell or offer for sale by variety name, seed not certified by an official seed certifying agency, when the variety is one for which an application for a certificate has been filed, or for which a certificate of plant variety protection has been issued under authority of the Plant Variety Protection Act (7 U.S.C. §§ 2321 et seq.) requiring that the variety is to be sold as “Certified Seed” only.

      (Added to NRS by 1973, 280)

      NRS 587.115  Exemptions.  The provisions of NRS 587.091 to 587.105, inclusive, do not apply:

      1.  To seed or grain not intended for sowing purposes.

      2.  To seed only while being stored in, transported to or consigned to an establishment for the conditioning or processing of seed if the invoice or labeling accompanying any shipment of such seed bears the statement “seed for processing.”

      3.  To any carrier of seed which is transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not otherwise engaged in producing, processing or marketing seeds which are subject to NRS 587.015 to 587.123, inclusive.

      4.  To seed from a bulk container which is weighed and packaged in the presence of the purchaser, if that container is properly labeled pursuant to NRS 587.091 to 587.105, inclusive.

      (Added to NRS by 1969, 363; A 1985, 631)

      NRS 587.117  When seller not subject to penalty for incorrect labeling or representations.  A person who sells or offers to sell seeds which are subject to the provisions of NRS 587.015 to 587.123, inclusive, is not subject to a penalty for incorrect labeling or representation as to kind, species, variety, type or origin, elevation and year of collection, if applicable, of such seeds if:

      1.  The seeds cannot be identified by mere examination;

      2.  The person 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 of seed of the same origin; or

      (c) Other labeling information; and

      3.  The person takes other precautions as are reasonable to ensure that the labeling and representations are correct.

      (Added to NRS by 1969, 363; A 1985, 632)

      NRS 587.119  Permit required for removal of screenings or cleanings from premises; treatment of screenings.

      1.  If a seed is prepared for use, all screenings or cleanings must be removed from the premises only under a permit issued by the Director.

      2.  It is unlawful to distribute, give away, sell or use screenings containing weed seeds unless the screenings have been treated to destroy the viability of the weed seeds or otherwise in a manner approved by the Director.

      (Added to NRS by 1969, 363; A 1985, 632; 1993, 1786; 1999, 3727)

      NRS 587.121  Seizure.

      1.  Any lot of seed found or reasonably suspected to be in violation of any of the provisions of NRS 587.015 to 587.119, inclusive, is subject to seizure upon a complaint by the Director filed in the district court of the county in which the seed is located.

      2.  If the court finds that the seed is in violation of any of those provisions, it may, after allowing the party or parties in interest to apply for the release of the seed or for permission to bring the seed into compliance with the law, make such orders as may be necessary for the seed to be processed, relabeled, denatured, destroyed or otherwise disposed of according to the circumstances of the case.

      (Added to NRS by 1969, 363; A 1993, 1786; 1999, 3727)

      NRS 587.123  Penalty.  Any person who violates any of the provisions of NRS 587.015 to 587.119, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1969, 363; A 1973, 280)

ALFALFA SEED RESEARCH AND PROMOTION

      NRS 587.131  Definitions.  As used in NRS 587.131 to 587.181, inclusive, unless the context requires otherwise:

      1.  “Advisory Board” means the Alfalfa Seed Advisory Board.

      2.  “Alfalfa seed” means the seed that is harvested from any variety of alfalfa plant.

      3.  “Dealer” means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.

      4.  “Grower” means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.

      (Added to NRS by 1975, 492; A 1993, 1786; 1999, 3727; 2015, 372)

      NRS 587.135  Alfalfa Seed Advisory Board: Creation; number and qualifications of members.

      1.  The Alfalfa Seed Advisory Board consisting of seven members 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 the growing and producing of alfalfa seed in the State of Nevada with a substantial portion 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 a dealer in alfalfa seed in the State of Nevada.

      (Added to NRS by 1975, 492)

      NRS 587.141  Alfalfa Seed Advisory Board: Members not paid.  The members of the Advisory Board serve without pay.

      (Added to NRS by 1975, 493; A 1987, 1311)

      NRS 587.145  Alfalfa Seed Advisory Board: Powers and duties.  The Advisory Board has:

      1.  Only such powers and duties as are authorized by law; and

      2.  The following powers and duties:

      (a) To elect a chair and such other officers as it deems advisable.

      (b) To prepare a budget covering anticipated income and expenses for utilization of the money deposited to the Alfalfa Seed Research and Promotion Account.

      (c) To adopt procedures for filing with the Advisory Board any proposed alfalfa seed research projects or market promotion projects.

      (d) To prepare and present to the State Board of Agriculture a program for research in the production, harvesting, processing, distribution and market promotion of alfalfa seed. The program must contain a recommendation 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)

      NRS 587.151  Powers and duties of State Board of Agriculture.

      1.  The State Board of Agriculture has the following powers and duties:

      (a) To appoint the members of the Advisory Board, to fix their term of office and to fill all vacancies.

      (b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the Advisory Board.

      (c) To administer, enforce and control the collection of assessments levied for the Alfalfa Seed Research and Promotion Account.

      (d) To authorize payments from the Alfalfa Seed Research and Promotion Account upon the recommendation of the Advisory Board.

      (e) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.

      (f) To adopt regulations to carry out the provisions of NRS 587.131 to 587.181, inclusive.

      2.  Money from the State General Fund may not be utilized by the State Board of Agriculture in carrying out the provisions of NRS 587.131 to 587.181, inclusive. Expenditures for those purposes must be made only from the Alfalfa Seed Research and Promotion Account created by NRS 561.409, and are subject to the limitations stated in that section.

      (Added to NRS by 1975, 493; A 1979, 624; 1991, 1797; 2015, 372)

      NRS 587.153  Deposit of gifts and grants in Alfalfa Seed Research and Promotion Account.  All gifts or grants of money which the Board is authorized to accept must be deposited with the State Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

      (Added to NRS by 1979, 625; A 1991, 1798)

      NRS 587.155  Levy and collection of special assessment; deposits to and refunds from Alfalfa Seed Research and Promotion Account.

      1.  The Department shall, on or before August 1 of each year, fix an annual special assessment not to exceed 50 cents per hundred weight 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 the State Treasurer for credit to the Alfalfa Seed Research and Promotion Account.

      2.  On or before June 30 of each year, any person who has paid the special assessment levied pursuant to this section may file a claim for a refund with the Department accompanied by a receipt showing payment. Upon verification of the correctness of the claim, the Department shall transmit the claim to the State Controller for payment from the Alfalfa Seed Research and Promotion Account.

      (Added to NRS by 1975, 493; A 1991, 1798; 1993, 1787; 1999, 3728)

      NRS 587.161  Liability for payment of special assessment.  All assessments levied pursuant to the provisions of NRS 587.155 must be paid to the Department by the person, either grower or dealer, by whom the alfalfa seed was first handled in the primary channels of the trade and must be paid within 60 days after the date on which the grower received payment for the alfalfa seed. If the person first handling the alfalfa seed in the primary channels of trade is a person other than the grower, the person may charge against or recover from the grower the full amount of any assessment paid under NRS 587.155.

      (Added to NRS by 1975, 494; A 1993, 1787; 1999, 3728)

      NRS 587.165  Penalty for failure to file return or pay assessment.  Any grower or dealer who fails to file a return or to pay any assessment pursuant to NRS 587.155 within the period required forfeits to the Department a penalty of 5 percent of the amount of the assessment due and 1 percent of the assessment due for each month of delay or fraction thereof after the end of the month in which the return was required to be filed or in which the assessment became due. The Department, if satisfied the delay was excusable, may remit all or any part of the penalty. The penalty must be paid to the Department and deposited for credit to the Alfalfa Seed Research and Promotion Account.

      (Added to NRS by 1975, 494; A 1991, 1798; 1993, 1787; 1999, 3728)

      NRS 587.171  Recovery of delinquent assessment and penalties.  Any assessment levied constitutes a personal debt of every person so assessed. If a person fails to pay the assessment, including all penalties, the Department may, at any time within 3 years after the date of delinquency, maintain a civil action against the person to recover the amount of the delinquent assessment and penalties.

      (Added to NRS by 1975, 494; A 1993, 1787; 1999, 3728)

      NRS 587.175  Records of dealers.

      1.  Every dealer shall maintain accurate records of all Nevada alfalfa seed handled, packed, shipped or processed by the dealer.

      2.  The records must be:

      (a) In such form and contain such information as the State Board of Agriculture may require;

      (b) Preserved for 2 years; and

      (c) Subject to inspection at any reasonable time at the request of the State Board of Agriculture or the Department.

      (Added to NRS by 1975, 494; A 1993, 1788; 1999, 3728)

      NRS 587.181  Requirements for growers shipping out of State.  Alfalfa seed growers who ship their alfalfa seed directly to dealers outside the State of Nevada shall remit assessment fees to and file such reports as are required with the Department.

      (Added to NRS by 1975, 494; A 1993, 1788; 1999, 3729)

      NRS 587.185  Penalty.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

STANDARDS FOR AGRICULTURAL PRODUCTS AND CONTAINERS

      NRS 587.290  “Agricultural products” defined.  As used in NRS 587.290 to 587.450, inclusive, unless the context otherwise requires, “agricultural products” includes horticultural, viticultural, dairy, bee and farm products.

      [Part 1:225:1931; 1931 NCL § 451]—(NRS A 1997, 2101; 1999, 520, 542; 2013, 2741)

      NRS 587.310  Administration by State Quarantine Officer.  The State Quarantine Officer is designated as the authority to administer NRS 587.290 to 587.450, inclusive.

      [Part 1:225:1931; 1931 NCL § 451]

      NRS 587.360  State inspectors: Designation; fees for services.

      1.  The State Quarantine Officer may designate any competent employee or agent of the Department to inspect or classify agricultural products in accordance with such regulations as the State Quarantine Officer may prescribe at such places as the volume of business may be found to warrant the furnishing of the inspection service, at the request of persons having an interest in those products, and to ascertain and to certify to those persons the grade, classification, quality or condition thereof, and such other pertinent facts as the State Quarantine Officer may require.

      2.  The State Quarantine Officer may fix, assess and collect, or cause to be collected, fees for those services if they are performed by employees or agents of the department.

      [Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1961, 574; 1993, 1788; 1999, 3729)

      NRS 587.370  County inspectors: Employment; compensation; license required; allocation of inspection fees.

      1.  The board of county commissioners of any county may employ one or more inspectors to assist in carrying out the provisions of NRS 587.290 to 587.450, inclusive, upon a salary or on a per diem basis, for such a period as the board and the State Quarantine Officer deem necessary, but no inspector may be so employed who is not licensed by the State Quarantine Officer, who shall direct all of the inspector’s official activities.

      2.  Any inspector so employed by any county shall collect all inspection fees fixed and established by the State Quarantine Officer for any inspections and certifications performed by the inspector, and promptly forward the fees to the State Quarantine Officer. The State Quarantine Officer shall 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 Department for use in the Plant Industry Program, and the balance must be reimbursed to the counties where the fees were collected.

      [Part 9:225:1931; A 1949, 87; 1943 NCL § 451.08]—(NRS A 1957, 187; 1961, 575; 1977, 233; 1993, 1788; 1999, 3729)

      NRS 587.380  License to inspect or classify agricultural products; regulations; compensation of licensees; suspension and revocation of licenses. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Upon satisfactory evidence of competency, submission of the statement required pursuant to NRS 587.382 and the payment of a reasonable fee for a license, the State Quarantine Officer may license a person to inspect or classify agricultural products in accordance with such regulations as the State Quarantine Officer may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the State Quarantine Officer may require.

      2.  Licensed inspectors may charge and collect as compensation for such services only such fees as may be approved by the State Quarantine Officer.

      3.  Except as otherwise required in subsection 4, the State Quarantine Officer may suspend or revoke any license if, after an opportunity for hearing has been afforded the licensee, the State Quarantine Officer determines that the licensee is incompetent or has knowingly or carelessly failed to certify correctly the grade, classification, quality or condition of any agricultural product, or has violated any provisions of NRS 587.290 to 587.450, inclusive, or of the regulations adopted pursuant thereto.

      4.  Pending investigation, the State Quarantine Officer may suspend a license temporarily without a hearing.

      [Part 5:225:1931; 1931 NCL § 451.04]—(NRS A 1997, 2101)

      NRS 587.380  License to inspect or classify agricultural products; regulations; compensation of licensees; suspension and revocation of licenses. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Upon satisfactory evidence of competency and the payment of a reasonable fee therefor, the State Quarantine Officer is authorized to license a person to inspect or classify agricultural products in accordance with such regulations as the State Quarantine Officer may prescribe at such places as the volume of business may be found to warrant the furnishing of such inspection service, at the request of persons having an interest in such products, and to ascertain and to certify to such persons the grade, classification, quality or condition thereof, and such other pertinent facts as the State Quarantine Officer may require.

      2.  Licensed inspectors may charge and collect as compensation for such services only such fees as may be approved by the State Quarantine Officer.

      3.  The State Quarantine Officer may suspend or revoke any license whenever, after an opportunity for hearing has been afforded the licensee, the State Quarantine Officer shall determine that such licensee is incompetent or has knowingly or carelessly failed to certify correctly the grade, classification, quality or condition of any agricultural product, or has violated any provisions of NRS 587.290 to 587.450, inclusive, or of the regulations made thereunder.

      4.  Pending investigation, the State Quarantine Officer may 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 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 587.382  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of State Quarantine Officer. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of a license to inspect or classify agricultural products shall submit to the State Quarantine Officer the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The State Quarantine Officer shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the State Quarantine Officer.

      3.  A license to inspect or classify agricultural products may not be issued or renewed by the State Quarantine Officer if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Quarantine Officer shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2100)

      NRS 587.384  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the State Quarantine Officer receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to inspect or classify agricultural products, the State Quarantine Officer shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Quarantine Officer receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Quarantine Officer shall reinstate a license to inspect or classify agricultural products that has been suspended by a district court pursuant to NRS 425.540 if the State Quarantine Officer receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2101)

      NRS 587.386  Application for license to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for the issuance of a license to inspect or classify agricultural products must include the social security number of the applicant.

      (Added to NRS by 1997, 2101)

      NRS 587.388  Application for renewal of license to inspect or classify agricultural products required to include information relating to state business registration; renewal of license prohibited in certain circumstances.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license to inspect or classify agricultural products must indicate in the application submitted to the State Quarantine Officer whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license to inspect or classify agricultural products may not be renewed by the State Quarantine Officer if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the State Quarantine Officer pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2740)—(Substituted in revision for NRS 587.395)

      NRS 587.390  Official standards for grading and classifying agricultural products and farm product containers: Adoption by State Quarantine Officer; changes.  In order to promote, protect, further and develop the agricultural interests of this state, the State Quarantine Officer is hereby authorized and empowered, after investigation and public hearing:

      1.  To fix and promulgate:

      (a) Official standards for grading and classifying any or 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 587.395  Renewal of license to inspect or classify agricultural products: Requirements; duties of State Quarantine Officer; grounds for denial of renewal.  [Replaced in revision by NRS 587.388.]

 

      NRS 587.400  Notice of effective date of standard or of alterations or modifications; dissemination of information concerning standards.

      1.  In promulgating the standards or any alterations or modification of such standards, the State Quarantine Officer shall specify the date or dates when the same shall become effective and shall give public notice not less than 30 days in advance of such date or dates by such means as the State Quarantine Officer deems proper.

      2.  The State Quarantine Officer is authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by the State Quarantine Officer for any agricultural product or container.

      [3:225:1931; 1931 NCL § 451.02]

      NRS 587.410  Adoption of federal standards; cooperation with United States.

      1.  The State Quarantine Officer is authorized to fix and promulgate as the official standard for this state for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the Congress of the United States.

      2.  In carrying out the provisions of NRS 587.290 to 587.450, inclusive, the State Quarantine Officer is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for therein.

      [4:225:1931; 1931 NCL § 451.03]

      NRS 587.420  Appeals to State Quarantine Officer from findings of inspectors; fees.

      1.  Whenever any quantity of any agricultural product shall have been inspected under NRS 587.290 to 587.450, inclusive, and a question arises 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, may appeal the question to the State Quarantine Officer who is authorized to cause such investigation to be made and such tests to be applied as he or she may deem necessary and to determine and issue a finding of the true grade or classification of the product or of the quality or condition thereof.

      2.  Whenever an appeal shall be taken to the State Quarantine Officer under NRS 587.290 to 587.450, inclusive, the State Quarantine Officer shall charge, assess and collect, or cause to be collected, a reasonable fee which shall be refunded if the appeal is sustained. The State Quarantine Officer shall fix the amount of the fee.

      [6:225:1931; 1931 NCL § 451.05]

      NRS 587.430  Certificates as prima facie evidence.  A certificate when not superseded by a finding on appeal, or a finding on appeal of the grade, classification, quality or condition of any agricultural product issued under NRS 587.290 to 587.450, inclusive, and all certificates issued under authority of the Congress of the United States relating to the grade, classification, quality or condition of agricultural products, shall be accepted in any court of this state as prima facie evidence of the true grade, classification, condition or quality of such agricultural product at the time of its inspection.

      [7:225:1931; 1931 NCL § 451.06]

      NRS 587.440  Unlawful acts; penalty.  Any employee or agent employed under NRS 587.290 to 587.450, inclusive, or any inspector licensed thereunder, who shall knowingly inspect, grade or classify improperly any agricultural product or shall knowingly give any incorrect certificate of grade, classification, quality or condition or shall accept money or other consideration directly or indirectly for any incorrect or improper performance of duty, and any person who shall improperly influence or attempt to improperly influence any such agent, employee or licensed inspector in the performance of his or her duty, shall be guilty of a misdemeanor.

      [10:225:1931; 1931 NCL § 451.09]—(NRS A 1961, 575; 2013, 2741)

      NRS 587.450  Prohibition on misrepresenting agricultural product or using container not conforming to applicable standard.

      1.  If any quantity of any agricultural product shall have been inspected and a certificate issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate.

      2.  Whenever any standard for a container for an agricultural product becomes effective under NRS 587.290 to 587.450, inclusive, no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable unless the container conforms to the standard, subject to such variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from outside the State and offered for sale, consigned for sale or sold in the original package, but no agricultural product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.

      [11:225:1931; 1931 NCL § 451.10]—(NRS A 1957, 187; 1961, 575; 2015, 372)

FRUITS, NUTS AND VEGETABLES

      NRS 587.460  Definitions.  As used in NRS 587.460 to 587.660, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.470 to 587.530, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1971, 1042; A 1993, 1788; 1999, 3729)

      NRS 587.470  “Bulk lot” and “bulk load” defined.  “Bulk lot” or “bulk load” of any fresh or dried fruit, nut or vegetable means any one group of specimens of such product which is not in a container and which is set apart or separate from any other group.

      (Added to NRS by 1971, 1042)

      NRS 587.480  “Deceptive arrangement” and “deceptive display” defined.  “Deceptive arrangement” or “deceptive display” of fresh or dried fruits, nuts or vegetables means any bulk lot or load, arrangement or display of such products which has in the exposed surface fresh or dried fruits, nuts or vegetables which are so superior in quality, size, condition or in any other respect so superior to those which are concealed or the unexposed portion as to materially misrepresent any part of the bulk lot or load.

      (Added to NRS by 1971, 1042)

      NRS 587.490  “Deceptive pack” defined.  “Deceptive pack” means any container or subcontainer which has in the outer layer or any exposed surface fruits, nuts or vegetables which are in quality, size, condition or in any other respect so superior to those in the interior of the container or subcontainer or in the unexposed portion as to materially misrepresent the contents. Such pack is deceptive if the outer or exposed surface is composed of products whose size is not an accurate representation of the variation of size of the products in the entire container even though the fruits, nuts or vegetables in the container are virtually uniform in size.

      (Added to NRS by 1971, 1042)

      NRS 587.500  “Mature” defined.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

      NRS 587.510  “Mislabel” defined.  “Mislabel” means the placing or presence of any false or misleading statement, design or device upon any of the following: Any container, the label or lining of any container, the wrapper of any fresh or dried fruit, nut or vegetable, any placard which is used in connection with and which has reference to any fresh or dried fruits, nuts or vegetables. A statement, design or device is false or misleading if the fresh or dried fruit, nut or vegetable or container to which it apparently or actually refers does not conform in every respect to such statements, design or device.

      (Added to NRS by 1971, 1043)

      NRS 587.520  “Overripe” defined.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

      NRS 587.530  “Transport” defined.  “Transport” does not include the owners of vehicles employed in for-hire transportation.

      (Added to NRS by 1971, 1043)

      NRS 587.540  Enforcement of provisions.  The Director and the deputies and inspectors under the Director’s supervision and control shall enforce the provisions of NRS 587.460 to 587.660, inclusive.

      (Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3729)

      NRS 587.550  Adoption of regulations.  The Director may adopt regulations:

      1.  Prescribing methods of selecting samples of lots or containers of fruits, nuts and vegetables on a basis of size or other specific classification which are reasonably calculated to produce by that sampling fair representations of the entire lots or containers which are sampled.

      2.  Establishing and issuing official color charts which depict the color standards and requirements which may be established by NRS 587.460 to 587.660, inclusive.

      3.  Which are necessary to secure uniformity in the enforcement of the provisions of NRS 587.460 to 587.660, inclusive.

      (Added to NRS by 1971, 1043; A 1981, 92; 1993, 1789; 1999, 3730)

      NRS 587.560  Cooperation with counties in enforcement.  The Director may cooperate financially or otherwise with any county in accordance with the provisions of NRS 244.327 and 561.245 in the enforcement of the provisions of NRS 587.460 to 587.660, inclusive.

      (Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

      NRS 587.570  Potatoes: Grade requirements; marking and labeling of containers.

      1.  All potatoes sold or offered for sale for human consumption within this state must meet the U.S. No. 2 grade requirements or better, as adopted by the United States Department of Agriculture and by the Department pursuant to the provisions of NRS 587.390.

      2.  All containers of potatoes if full must bear upon them in plain sight and plain letters the name of the person who authorized the packing of the potatoes or the name under which the packer is engaged in business, together with a sufficiently explicit address to permit the ready location of the packer.

      3.  All containers of potatoes sold must be marked with one of the grade markings for potatoes established by the United States Department of Agriculture and the Department, except that open containers are not required to be marked with one of the grade markings if they are part of an open display of potatoes which is marked with one of the grade markings. The potatoes in those containers must meet the grade marked on the open display.

      (Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

      NRS 587.580  Onions: Grade requirements; marking and labeling of containers.

      1.  All onions sold or offered for sale for human consumption within this state must meet the U.S. No. 2 grade requirements, or better, as adopted by the United States Department of Agriculture and the Department pursuant to the provisions of NRS 587.390.

      2.  All containers of onions if full must bear upon them in plain sight and plain letters the name of the person who authorized the packing of the onions or the name under which the packer is engaged in business, together with a sufficiently explicit address to permit the ready location of the packer.

      3.  All containers of onions sold must be marked with one of the grade markings for onions established by the United States Department of Agriculture and the Department, except that open containers are not required to be marked with one of the grade markings if they are part of an open display of onions which is marked with one of the grade markings. The onions in those containers must meet the grade marked on the open display.

      (Added to NRS by 1971, 1043; A 1993, 1789; 1999, 3730)

      NRS 587.590  Nonconformity with provisions unlawful.  It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport, cause to be transported or sell any fruits, nuts or vegetables in bulk or in any container or subcontainer unless such fruits, nuts and vegetables and their containers conform to the provisions of NRS 587.460 to 587.660, inclusive.

      (Added to NRS by 1971, 1044)

      NRS 587.600  Deceptive packs, loads or displays unlawful.  It is unlawful for any person to prepare, pack, place, deliver for shipment, load, ship, transport or sell a deceptive pack, bulk lot, bulk load, load, arrangement or display of fresh or dried fruits, nuts or vegetables.

      (Added to NRS by 1971, 1044)

      NRS 587.610  Mislabeling, false or misleading statements or advertising unlawful.  It is unlawful for any person to mislabel any fruit, nut or vegetable, or place or have any false or misleading statement or designation of quality, grade, trademark or trade name on any wrapper, container, label or lining of any container of any fresh or dried fruit, nut, vegetable, or on any placard which is used in connection with or which has reference to any fresh or dried fruit, nut, vegetable or container, bulk lot, bulk load, load, arrangement or display of fresh or dried fruits, nuts or vegetables.

      (Added to NRS by 1971, 1044)

      NRS 587.620  Unlawful to violate or remove hold order.  It is unlawful for any person to remove or dispose of any fruits, nuts, vegetables or their containers to which any hold order or notice has been affixed or to remove such hold order or notice from the place where it is affixed except under a written permit to do so from an enforcing officer or under the enforcing officer’s specific direction.

      (Added to NRS by 1971, 1044)

      NRS 587.630  Packing requirements.

      1.  Except as otherwise provided in this chapter, it is unlawful for any person to pack any fruits, nuts or vegetables in layers in any container which has straight sides unless there is approximately the same numerical count in each layer.

      2.  All packed fruits, nuts or vegetables shall be so packed 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 this requirement due to unavoidable natural shrinkage which occurs after packing do not violate the provisions of this section.

      (Added to NRS by 1971, 1044)

      NRS 587.640  Refusal to permit inspection unlawful.  It is unlawful for any person to refuse to submit any container, subcontainer, load or display of fruits, nuts or vegetables to the inspection of any enforcing officer or to refuse to stop any vehicle which contains any fruits, nuts or vegetables for the purpose of inspection by an enforcing officer.

      (Added to NRS by 1971, 1044)

      NRS 587.650  Unlawful to pack, transport or sell defective or damaged products.  It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport or sell in the State of Nevada any nuts, fresh fruits or vegetables in bulk or in any container or subcontainer unless 90 percent by weight or more of such fruits, nuts or vegetables in bulk or in any container or subcontainer, as established by the inspection of a representative sample, are free from any defects, including, without limitation, any insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay.

      (Added to NRS by 1971, 1044; A 2015, 373)

      NRS 587.660  Certain provisions applicable only when specific standards of quality not otherwise established.  The provisions of NRS 587.590 to 587.650, inclusive, apply only to those fruits, nuts or vegetables for which specific quality standards are not otherwise established by this chapter or by regulations adopted by the Director.

      (Added to NRS by 1971, 1045; A 1993, 1790; 1999, 3731; 2015, 373)

COMMERCIAL FEED FOR LIVESTOCK

      NRS 587.670  Definitions.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

      NRS 587.680  Adoption of rules and regulations.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

      NRS 587.690  Requirements for labels; information to be furnished to purchaser; exceptions.  Repealed. (See chapter 97, Statutes of Nevada 2015, at page 373.)

 

CRAFT FOODS

      NRS 587.691  Definitions.  As used in NRS 587.691 to 587.699, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.692, 587.693 and 587.694 have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 1258)

      NRS 587.692  “Acidified foods” defined.

      1.  “Acidified foods” means a food item containing either fruits, vegetables or both fruits and vegetables which, when prepared for sale, has a finished equilibrium pH level of not more than 4.6.

      2.  The term does not include any product that includes, without limitation, milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean ingredients or any other ingredients capable of supporting the rapid growth of infectious or toxigenic microorganisms.

      (Added to NRS by 2015, 1258)

      NRS 587.693  “Craft food operation” defined.  “Craft food operation” means a natural person who manufactures or prepares acidified foods in his or her private home or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption, and whose gross sales of such foods are not more than $35,000 per calendar year.

      (Added to NRS by 2015, 1258)

      NRS 587.694  “Health authority” defined.  “Health authority” means the officers and agents of the Division of Public and Behavioral Health of the Department of Health and Human Services, or the officers and agents of the local boards of health.

      (Added to NRS by 2015, 1258)

      NRS 587.6945  Conditions under which craft food operation not regulated as food establishment; local governing bodies prevented from prohibiting craft food operations.

      1.  A craft food operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a “food establishment” pursuant to paragraph (j) of subsection 2 of NRS 446.020 if each such food item is:

      (a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers’ market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction that does not involve selling the food item by telephone or via the Internet;

      (b) Sold to a natural person for his or her consumption and not for resale;

      (c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101;

      (d) Labeled with:

             (1) The date the food item was produced; and

             (2) “MADE IN A CRAFT FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item;

      (e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers; and

      (f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization.

      2.  No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt any ordinance or other regulation that prohibits a natural person from preparing food in a craft food operation.

      3.  As used in this section, “food item” means acidified foods produced by a person who meets the requirements of NRS 587.695 to 587.699, inclusive.

      (Added to NRS by 2015, 1258)

      NRS 587.695  Requirements for production of acidified food by craft food operation.  For the purposes of a craft food operation, an acidified food must be produced by a person who:

      1.  Complies with the requirements of NRS 587.6945;

      2.  Is registered pursuant to NRS 587.696;

      3.  Maintains a log and supporting documentation for not less than 5 years which must include:

      (a) The name of each acidified food produced;

      (b) The recipe for each acidified food produced, including, without limitation, the ingredients and the process used in preparation of the acidified food;

      (c) The canning date of each batch produced; and

      (d) The results of the pH test for each batch produced;

      4.  For the purposes of paragraph (d) of subsection 3, uses a pH test meter that meets the requirements of the regulations adopted by the State Department of Agriculture; and

      5.  Uses only canning recipes that have been approved by, or included in publications approved by, the State Department of Agriculture.

      (Added to NRS by 2015, 1259)

      NRS 587.696  Registration to produce acidified foods: Requirements and qualifications; period of validity; renewal; provision of updates and information by Department to registrants; inspections; fees.

      1.  The Department shall register a person who produces acidified foods if the person:

      (a) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

      (b) Passes an examination on the preparation of acidified foods which has been approved by the Department;

      (c) Pays the registration fee prescribed by the Department; and

      (d) Provides the Department with such information as the Department deems appropriate, including, without limitation:

             (1) The name, address and contact information of the natural person who is producing the acidified foods; and

             (2) If the acidified foods are sold under a name other than that of the natural person who produces the acidified foods, the name under which the natural person sells the acidified foods.

      2.  A registration that is issued or otherwise recorded pursuant to subsection 1 is valid for 3 years after the date of initial registration and may be renewed pursuant to the provisions of subsection 3.

      3.  The Department shall renew a registration that is issued or otherwise recorded pursuant to subsection 1 every 3 years if the person:

      (a) Provides proof satisfactory to the Department that the person has complied with the requirements of NRS 587.695;

      (b) Completes a course of training in basic food safety and the preparation and canning of acidified foods which has been approved by the Department;

      (c) Passes an examination on the preparation of acidified foods which has been approved by the Department;

      (d) Pays the renewal fee prescribed by the Department; and

      (e) Provides the Department with any such information as the Department deems appropriate.

      4.  The Department shall provide to each person registered to produce acidified foods pursuant to this section:

      (a) Periodic updates on, without limitation, the testing and preparation of acidified foods; and

      (b) Information about workshops or other training opportunities related to the safe production of acidified foods.

      5.  The Department may inspect the premises of a person registered to produce acidified foods pursuant to this section only to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The producer of acidified foods shall cooperate with the Department in any such inspection. If, as a result of such an inspection, the Department determines that the producer of acidified foods has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the Department may charge and collect from the producer of acidified foods a fee in an amount that does not exceed the actual cost to the Department to conduct the investigation.

      6.  The Department may charge a reasonable fee for:

      (a) Registration pursuant to subsection 1;

      (b) Renewal of a registration pursuant to subsection 3;

      (c) A course of training pursuant to subsections 1 and 3;

      (d) An examination pursuant to subsections 1 and 3; and

      (e) An investigation conducted pursuant to subsection 5.

      (Added to NRS by 2015, 1259)

      NRS 587.697  Payment of child support: Statement by applicant for registration; grounds for denial of registration; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in NRS 587.691 to 587.699, inclusive, an applicant for registration or renewal of registration as a producer of acidified foods shall:

      (a) Include the social security number of the applicant in the application submitted to the Department.

      (b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for registration or renewal of registration; or

      (b) A separate form prescribed by the Department.

      3.  An applicant may not be registered or have his or her registration renewed by the Department if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2015, 1260)

      NRS 587.698  Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered as a producer of acidified foods, the Department shall deem the registration of that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a registration that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2015, 1261)

      NRS 587.699  Regulations.  The Department shall adopt regulations necessary to carry out the provisions of NRS 587.691 to 587.699, inclusive.

      (Added to NRS by 2015, 1260)

CERTIFICATION OF PRODUCERS AND HANDLERS OF ORGANIC AGRICULTURAL PRODUCTS

      NRS 587.700  Definitions.  As used in NRS 587.700 to 587.830, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.715 to 587.780, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 1634; A 1999, 3732; 2003, 399)

      NRS 587.715  “Agricultural product” defined.  “Agricultural product” has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.

      (Added to NRS by 2003, 399)

      NRS 587.740  “Federal Act” defined.  “Federal Act” means the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501 et seq., as amended.

      (Added to NRS by 1997, 1634)

      NRS 587.750  “Handler” defined.  “Handler” has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.

      (Added to NRS by 1997, 1634; A 2003, 399)

      NRS 587.780  “Producer” defined.  “Producer” has the meaning ascribed to it in 7 U.S.C. § 6502, as that section existed on July 1, 2003.

      (Added to NRS by 1997, 1634; A 2003, 399)

      NRS 587.800  Director authorized to establish program for certification of producers and handlers of organic agricultural products; approval of program by Secretary of Agriculture.

      1.  The Director may establish a program for the certification of producers and handlers of organic agricultural products.

      2.  If such a program is established, the Governor and the Director shall submit the program to the Secretary of Agriculture for approval pursuant to the Federal Act.

      (Added to NRS by 1997, 1634; A 1999, 3732; 2003, 399)

      NRS 587.810  Advisory Council for Organic Agricultural Products: Creation; members; powers.

      1.  An Advisory Council for Organic Agricultural Products is hereby created in the Department. The Advisory Council consists of:

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

      (b) One member who is a purchaser, consumer, or wholesale or retail seller of organic agricultural products; and

      (c) One member who represents an agricultural interest other than organic agricultural products.

      2.  The Director shall nominate members for the Advisory Council, and the State Board of Agriculture shall appoint the members.

      3.  The Advisory Council may:

      (a) Advise the Director and the State Board of Agriculture concerning the provision of information and educational services to the public and to producers and handlers of organic agricultural products concerning the program for the certification of producers and handlers of organic agricultural products established by the Director pursuant to NRS 587.800, if such a program is established; and

      (b) Provide information and educational services to the public and to producers and handlers of organic agricultural products.

      (Added to NRS by 1997, 1635; A 1999, 3732; 2003, 399)

      NRS 587.820  Advisory Council for Organic Agricultural Products: Terms of members; vacancy; election of officers; meetings; compensation of members.

      1.  The State Board of Agriculture shall appoint three of the first members of the Advisory Council for Organic Agricultural Products for terms of 2 years and three for terms of 3 years. After the expiration of the initial term, the term of office of each member is 3 years. A vacancy must be filled, for the unexpired term, by appointment of a member whose qualifications are the same as those of the member replaced. The Advisory Council shall elect a Chair and Vice Chair from among its members. The Director shall provide appropriate secretarial support and a place for the meetings of the Advisory Council.

      2.  The Advisory Council shall meet at least annually, upon the call of the Director or the Chair. A majority of the members appointed to the Advisory Council constitutes a quorum.

      3.  For each day or portion of a day necessarily spent on the business of the Advisory Council, each member is entitled to receive:

      (a) Compensation, to be fixed by regulation of the State Board of Agriculture, which must not exceed $80 per day; and

      (b) The per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 1997, 1635; A 1999, 3732; 2003, 400)

      NRS 587.830  Regulations for administration and enforcement of program for certification of producers and handlers of organic agricultural products; fees.  If the Director establishes a program for the certification of producers and handlers of organic agricultural products pursuant to NRS 587.800, the State Board of Agriculture shall adopt appropriate regulations:

      1.  For the administration of the program, including, without limitation:

      (a) Standards for the analysis and inspection of organic agricultural products;

      (b) Records required of producers and handlers of organic agricultural products;

      (c) Standards for the certification of producers and handlers of organic agricultural products;

      (d) Requirements for the use of a seal of approval for organic agricultural products produced in this state; and

      (e) A schedule of fees for initial certification and for continued certification as a producer or handler of organic agricultural products.

      2.  As necessary for the enforcement of the program, including, without limitation:

      (a) Standards for the registration of producers and handlers of organic agricultural products; and

      (b) A schedule of fees for initial registration and for continued registration of producers and handlers of organic agricultural products.

      (Added to NRS by 1997, 1635; A 2003, 400)

COMMERCIAL FEED

      NRS 587.841  Definitions.  As used in NRS 587.841 to 587.899, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.843 to 587.861, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2015, 2467)

      NRS 587.843  “Commercial feed” defined.

      1.  “Commercial feed” means all materials or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed. The term includes, without limitation, pet food, specialty pet food and mineral feed.

      2.  The term does not include:

      (a) Unmixed whole seeds, including, without limitation, unmixed whole seeds which are physically altered, if such seeds are not chemically changed or adulterated.

      (b) Commodities, including, without limitation, hay, straw, stover, silage, cobs, husks and hulls and individual chemical compounds and substances if those commodities, compounds or substances are not intermixed, mixed with other materials or adulterated.

      (Added to NRS by 2015, 2467)

      NRS 587.845  “Distribute” defined.

      1.  “Distribute” means:

      (a) To offer for sale, sell, exchange or barter commercial feed; or

      (b) To supply, furnish or otherwise provide commercial feed to a contract feeder.

      2.  As used in this section, “contract feeder” has the meaning ascribed to it in NRS 587.863.

      (Added to NRS by 2015, 2467)

      NRS 587.847  “Drug” defined.  “Drug” means any substance or article other than feed that is intended:

      1.  For use in the diagnosis, cure, mitigation, treatment or prevention of disease in an animal; or

      2.  To affect the structure or any function of an animal’s body.

      (Added to NRS by 2015, 2467)

      NRS 587.849  “Guarantor” defined.  “Guarantor” means the person who is indicated on the label of commercial feed as having verified the accuracy of the information contained on the label relating to the ingredients, substances and elements contained in the commercial feed.

      (Added to NRS by 2015, 2467)

      NRS 587.851  “Label” defined.  “Label” means any written, printed or graphic representation:

      1.  On or affixed to the container in which commercial feed is distributed; or

      2.  On the invoice or delivery slip accompanying commercial feed.

      (Added to NRS by 2015, 2467)

      NRS 587.853  “Licensee” defined.  “Licensee” means a person who has obtained a license pursuant to NRS 587.869.

      (Added to NRS by 2015, 2467)

      NRS 587.855  “Manufacture” defined.  “Manufacture” means to grind, mix, blend or further process commercial feed for distribution.

      (Added to NRS by 2015, 2467)

      NRS 587.857  “Mineral feed” defined.  “Mineral feed” means commercial feed primarily intended to supply mineral elements or inorganic nutrients.

      (Added to NRS by 2015, 2467)

      NRS 587.859  “Pet food” defined.  “Pet food” means any commercial feed prepared and distributed for consumption by domesticated dogs or cats.

      (Added to NRS by 2015, 2467)

      NRS 587.861  “Specialty pet food” defined.  “Specialty pet food” means any commercial feed prepared and distributed for consumption by any domesticated animal kept primarily for personal enjoyment, other than a dog or cat.

      (Added to NRS by 2015, 2467)

      NRS 587.863  Applicability.

      1.  The provisions of NRS 587.841 to 587.899, inclusive, do not apply to customer-formula feed, or a manufacturer, distributor or guarantor thereof, or a contract feeder.

      2.  As used in this section:

      (a) “Contract feeder” means a person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise provided to the person and whereby the person’s remuneration is determined in whole or in part by feed consumption, mortality, profits or the amount or quality of the product.

      (b) “Customer-formula feed” means commercial feed which consists of a mixture of commercial feeds or ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

      (Added to NRS by 2015, 2468)

      NRS 587.865  Manufacturer, distributor or guarantor of commercial feed: License required; exemption.

      1.  Except as otherwise provided in subsection 2:

      (a) It is unlawful for a person to manufacture, distribute or act as a guarantor of commercial feed in this State unless the person has been issued by the Department a license pursuant to NRS 587.869; and

      (b) A person who manufactures, distributes or acts as a guarantor of commercial feed must obtain a license from the Department for each facility in this State:

             (1) Where he or she intends to manufacture or distribute commercial feed.

             (2) For which he or she is a guarantor of any or all of the commercial feed that is manufactured at or distributed from the facility.

      2.  A person is not required to obtain a license pursuant to subsection 1 if he or she conducts only retail sales of commercial feed and the packaging of the commercial feed includes a label indicating that the commercial feed is from a manufacturer or distributor who is licensed pursuant to subsection 1.

      (Added to NRS by 2015, 2468)

      NRS 587.867  Manufacturer, distributor or guarantor of commercial feed: Application for license; annual renewal; fees.

      1.  A person applying for a license to manufacture, distribute or be a guarantor of commercial feed must:

      (a) File an application with the Department on a form prescribed and furnished by the Department; and

      (b) Pay the fee for the issuance of a license established by the Department pursuant to subsection 2.

      2.  The Department shall establish a fee for the issuance and annual renewal of a license required by NRS 587.865 in an amount not to exceed $75.

      3.  A license expires on December 31 of each year. An application to renew a license must be received by the Department on or before December 31 of each year. If a licensee submits an application for renewal after December 31 of the year in which the license expires, the licensee must pay a late fee of $20 in addition to the annual license fee established by the Department pursuant to subsection 2.

      (Added to NRS by 2015, 2468)

      NRS 587.869  Manufacturer, distributor or guarantor of commercial feed: Issuance of license; grounds for denial, suspension or revocation.

      1.  Except as otherwise provided in subsection 2 and NRS 587.871, the Department shall issue a license to or renew the license of an applicant who files with the Department a complete application and pays the fee established by the Department pursuant to NRS 587.867.

      2.  The Department may refuse to issue or renew or may suspend, revoke or place conditions on a license for a violation of any provision of NRS 587.841 to 587.899, inclusive, but no license may be refused, suspended or revoked or have conditions imposed upon its issuance pursuant to this section until the Department has provided the applicant or licensee an opportunity for a hearing.

      (Added to NRS by 2015, 2468)

      NRS 587.871  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Department. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license required by NRS 587.865 shall:

      (a) Include the social security number of the applicant in the application submitted to the Department.

      (b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Department shall include the statement required by subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Department.

      3.  A license must not be issued or renewed by the Department if the applicant:

      (a) Fails to submit the statement required by subsection 1; or

      (b) Indicates on the statement that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2015, 2469)

      NRS 587.873  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a licensee, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2015, 2469)

      NRS 587.875  Application for renewal of license required to include information relating to state business registration; renewal of license prohibited in certain circumstances.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license required by NRS 587.865 must indicate in the application submitted to the Department whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2015, 2469)

      NRS 587.877  Submission of quarterly report and payment of fee required of licensee; exemption from fee; maintenance of records; confidentiality.

      1.  Each licensee shall submit to the Department on or before the end of each calendar quarter:

      (a) A report that includes, without limitation, a statement of the amount of commercial feed manufactured, distributed or guaranteed, as applicable, by the licensee in this State during the preceding calendar quarter; and

      (b) The quarterly fee in the amount required pursuant to subsection 2.

      2.  Except as otherwise provided in subsection 3, the amount of the quarterly fee that a licensee must pay is the greater of:

      (a) Five dollars; or

      (b) The fee established by the Department by regulation to be paid per ton of commercial feed manufactured, distributed or guaranteed, as applicable, in this State, which may not exceed 15 cents per ton.

Ê If a licensee does not submit the amount required pursuant to this subsection on or before 15 days after the date on which it is due, the licensee must submit, in addition to that amount, a late fee in the amount of 50 percent of the amount due.

      3.  A licensee is not required to submit the fees required pursuant to subsection 2 for commercial feed if another licensee has submitted the required fees for the same commercial feed. The Department shall adopt regulations specifying the circumstances under which a licensee is not required to pay fees pursuant to this subsection.

      4.  Each licensee shall maintain records sufficient to verify that the information contained in a report submitted pursuant to subsection 1 is complete and accurate.

      5.  A report submitted pursuant to subsection 1 is confidential.

      (Added to NRS by 2015, 2470)

      NRS 587.879  Commercial Feed Account: Creation; administration; authorized expenditures; interest and income.

      1.  All fees received pursuant to NRS 587.867 and 587.877 must be deposited in the Commercial Feed Account, which is hereby created in the State General Fund. The Director shall administer the Account. The money in the Account must be expended only to pay for the costs to the Department for administering the provisions of NRS 587.841 to 587.899, inclusive, including, without limitation, the costs of inspection, sampling and analysis of commercial feed.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      (Added to NRS by 2015, 2470)

      NRS 587.881  Authority of Department to conduct inspections; collection and testing of samples; search warrant may be obtained if owner, operator or agent refuses inspection.

      1.  After showing proper credentials, a representative of the Department may, during normal business hours, enter and inspect:

      (a) Any building, factory, warehouse or other facility in this State where commercial feed is manufactured, processed, packaged or held for distribution;

      (b) Any records, equipment, materials, containers and labels located in a building, factory, warehouse or other facility in this State where commercial feed is manufactured, processed, packaged or held for distribution; and

      (c) Any vehicle used to transport or hold commercial feed,

Ê for the purposes of determining compliance with NRS 587.841 to 587.899, inclusive, and any regulations adopted by the Department pursuant thereto.

      2.  An inspection conducted pursuant to subsection 1 must be conducted and completed in a reasonable manner.

      3.  A representative of the Department who conducts an inspection pursuant to this section:

      (a) May obtain samples of any commercial feed, ingredient, substance or element. If a representative obtains such a sample, the representative must provide the owner, operator or authorized agent of the building, factory, warehouse, facility or vehicle being inspected with a receipt describing all samples that were obtained.

      (b) May enter any public or private part of the building, factory, warehouse, facility or vehicle being inspected.

      (c) Must inform the owner, operator or authorized agent of the building, factory, warehouse, facility or vehicle being inspected when the inspection is completed.

      4.  Every sample obtained by a representative pursuant to subsection 3 must be tested in accordance with methods published by AOAC International, or its successor organization, or any other generally recognized method.

      5.  If the owner, operator or authorized agent refuses to allow an inspector of the Department to inspect the building, factory, warehouse, facility or vehicle, as applicable, the Department may obtain a search warrant from any court of competent jurisdiction to enter the premises and conduct the inspection.

      (Added to NRS by 2015, 2471)

      NRS 587.883  Authority of Department to conduct inspection or audit upon request of licensee; fees for costs.  The Department may:

      1.  Inspect or audit any licensee at the request of the licensee.

      2.  Establish a schedule of fees for the costs of the inspection or audit.

      (Added to NRS by 2015, 2471)

      NRS 587.885  Requirements for labels.

      1.  Commercial feed must have a label which includes:

      (a) The quantity of the commercial feed by weight, liquid measure or count.

      (b) The product name and brand name, if any, under which the commercial feed is distributed.

      (c) The analysis, in the form and manner prescribed by the Department, of substances and elements included in the commercial feed.

      (d) An ingredient list with the common or usual name of each ingredient used in the commercial feed. The Department may:

             (1) Provide for the use of a collective term on the ingredient list for a group of ingredients which perform a similar function.

             (2) Exempt certain commercial feed from the requirement to include an ingredient list on the label if the Department determines that such a list is not necessary for the interests of consumers.

      (e) The name and principal mailing address of the manufacturer or distributor of the commercial feed.

      (f) If applicable, directions for the use of commercial feed that:

             (1) Contains a drug; or

             (2) Requires directions for the safe and effective use thereof.

      (g) Any other statement that is required by the Department.

      2.  The Department may request that an applicant for a license or a licensee provide to the Department copies of any label for commercial feed which the person manufactures or distributes.

      3.  As used in this section:

      (a) “Brand name” means any word, symbol or device, or any combination thereof, used to identify and distinguish the commercial feed of one manufacturer or distributor from another.

      (b) “Product name” means the name which identifies the kind, class or specific use of commercial feed and distinguishes the commercial feed from other products bearing the same brand name.

      (Added to NRS by 2015, 2472)

      NRS 587.887  Misbranding unlawful.

      1.  It is unlawful for a person to misbrand commercial feed.

      2.  For the purposes of subsection 1, commercial feed is misbranded if:

      (a) The label on the commercial feed does not meet the requirements set forth in NRS 587.885 or is false or misleading;

      (b) Any word, statement or other information required to appear on the label pursuant to NRS 587.885 is:

             (1) Not prominently or conspicuously displayed on the label; or

             (2) Written in a way that is likely to be misunderstood by a person under the conditions of customary purchase and use; or

      (c) The commercial feed is distributed under the name of a different commercial feed.

      (Added to NRS by 2015, 2472)

      NRS 587.889  Adulteration unlawful.

      1.  It is unlawful for a person to adulterate commercial feed.

      2.  For the purposes of subsection 1, commercial feed is adulterated if:

      (a) It contains a poisonous or deleterious substance which may cause it to be injurious to the health of an animal;

      (b) It contains a poisonous, deleterious or nonnutritive substance which is unsafe pursuant to section 406 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346;

      (c) It contains a food additive which is unsafe pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

      (d) It is a raw agricultural commodity that contains a pesticide which is unsafe pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a, unless:

             (1) The raw agricultural commodity has been processed using a method such as canning, cooking, freezing, dehydrating or milling;

             (2) The residue of the pesticide has been removed to the extent possible through such a method;

             (3) The concentration of the pesticide in the commercial feed is not greater than the tolerance prescribed for the raw agricultural commodity; and

             (4) Feeding the commercial feed to an animal is not likely to result in a pesticide residue in any edible product of the animal which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a;

      (e) It contains any color additive which is unsafe pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 379e;

      (f) It contains an animal drug which is unsafe pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360b;

      (g) It contains any filthy, putrid or decomposed substance or is for any other reason unfit to be used as commercial feed;

      (h) It has been prepared, packaged or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered injurious to the health of an animal;

      (i) It contains the product of a diseased animal or an animal which has died in a manner which is unsafe within the meaning of section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342;

      (j) The container of the commercial feed is composed, in whole or in part, of any poisonous or deleterious substance which may render the commercial feed injurious to the health of an animal;

      (k) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

      (l) Any valuable component of the commercial feed has been, in whole or in part, omitted or abstracted;

      (m) The composition or quality of the commercial feed is below or differs from that which is listed on the label;

      (n) It contains a drug and the methods, facilities or controls used to manufacture, process or package the commercial feed do not conform to current practices of good manufacturing, unless the Department determines that such a practice is not appropriate for use in this State; or

      (o) It contains viable weed seeds in an amount which exceeds the limits established by the Department. As used in this paragraph, “weed seeds” has the meaning ascribed to it in NRS 587.073.

      (Added to NRS by 2015, 2473)

      NRS 587.891  Reuse of packaging without proper cleaning unlawful.  It is unlawful for a person to reuse any packaging, including, without limitation, a bag or tote for commercial feed, unless the packaging is cleaned pursuant to the methods prescribed by the Department.

      (Added to NRS by 2015, 2474)

      NRS 587.893  Order prohibiting licensee from disposing of commercial feed: Grounds for issuance; inspection required; rescission of order; proceedings for condemnation.

      1.  If the Director or a representative of the Department has reasonable cause to believe that any commercial feed does not comply with the provisions of NRS 587.841 to 587.899, inclusive, the Director or a representative of the Department may issue an order that:

      (a) Prohibits the licensee from disposing of the lot of commercial feed until written permission is provided by the Director; and

      (b) Requires the licensee to allow the Director or a representative of the Department to inspect the commercial feed.

      2.  If the Director or representative of the Department determines that the commercial feed:

      (a) Complies with the provisions of NRS 587.841 to 587.899, inclusive, the Director or representative of the Department must immediately rescind the order issued pursuant to paragraph (a) of subsection 1.

      (b) Does not comply with the provisions of NRS 587.841 to 587.899, inclusive, the Director or representative of the Department must provide to the licensee an explanation of how the commercial feed does not comply with the provisions of NRS 587.841 to 587.899, inclusive. If the licensee does not demonstrate compliance with the provisions of NRS 587.841 to 587.899, inclusive, within 30 days after receipt of the explanation, the Director must begin proceedings to condemn the lot of commercial feed pursuant to the requirements established by the Department.

      (Added to NRS by 2015, 2471)

      NRS 587.895  Civil penalties; deposit and use of money.

      1.  A person who violates the provisions of NRS 587.841 to 587.899, inclusive, or any regulation adopted pursuant thereto, is subject to a civil penalty not to exceed:

      (a) For a first offense, $250.

      (b) For a second offense, $500.

      (c) For a third or subsequent offense, $1,000.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds created by NRS 555.035.

      (Added to NRS by 2015, 2474)

      NRS 587.897  Annual publication: Information concerning sales of commercial feed; data related to production and use; report on testing of samples.  The Department shall publish annually:

      1.  Except as otherwise provided in this subsection, information concerning the sale of commercial feed and any data related to the production and use of commercial feed in this State. The Department shall not publish any information that discloses confidential or proprietary information regarding the operations of any manufacturer, distributor, guarantor or other person.

      2.  A report of the results of tests performed on samples of commercial feed obtained pursuant to NRS 587.881.

      (Added to NRS by 2015, 2474)

      NRS 587.899  Authority of Department to enter into agreements and adopt regulations.

      1.  The Department may cooperate with and enter into an agreement with any person or federal or state agency for the purposes of carrying out the provisions of NRS 587.841 to 587.899, inclusive.

      2.  The Department may adopt regulations to carry out the provisions of NRS 587.841 to 587.899, inclusive.

      (Added to NRS by 2015, 2474)

PENALTIES

      NRS 587.900  Civil penalties; deposit and use of money.

      1.  The Director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter other than a violation of NRS 587.841 to 587.899, inclusive.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      (Added to NRS by 2015, 371)