[Rev. 11/21/2013 12:23:33 PM--2013]

CHAPTER 556 - GARLIC AND ONIONS

NRS 556.010           Definitions.

NRS 556.020           Garlic and Onion Growers’ Advisory Board: Creation; membership.

NRS 556.030           Garlic and Onion Growers’ Advisory Board: Service of members without pay.

NRS 556.040           Garlic and Onion Growers’ Advisory Board: Powers.

NRS 556.050           Garlic and Onion Growers’ Advisory Board: Deposit of gifts or grants of money.

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

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

NRS 556.080           Assessments: Payment.

NRS 556.090           Assessments: Civil penalty.

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

NRS 556.110           Criminal penalty.

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

      1.  “Advisory Board” means the Garlic and Onion Growers’ Advisory Board.

      2.  “Department” means the State Department of Agriculture.

      3.  “Grower” means any landowner personally engaged in growing garlic or onions, or a landowner and the landowner’s tenant jointly, and includes a natural person, partnership, association, corporation, cooperative organization, trust, sharecropper and all other business units, devises or arrangements that grow garlic or onions.

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

      NRS 556.020  Garlic and Onion Growers’ Advisory Board: Creation; membership.

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

      2.  Two members of the Advisory Board must be:

      (a) Citizens of the United States;

      (b) Residents of the State of Nevada; and

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

      3.  Two members of the Advisory Board must be:

      (a) Citizens of the United States;

      (b) Residents of the State of Nevada; and

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

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

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

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

      (c) Actively engaged in the research of garlic or onions.

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

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

      (Added to NRS by 1995, 1598)

      NRS 556.040  Garlic and Onion Growers’ Advisory Board: Powers.  The Advisory Board may:

      1.  Elect a Chair and such other officers from its members as it deems advisable.

      2.  Prepare a budget covering anticipated income and expenses for utilization of the money deposited to the Garlic and Onion Research and Promotion Account.

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

      4.  Prepare and present to the State Board of Agriculture a program for research in the production, harvesting, processing, distribution and market promotion of garlic and onions. 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.

      5.  Adopt regulations establishing the conditions, if any, under which a member of the Advisory Board is entitled to claim a per diem allowance.

      (Added to NRS by 1995, 1598)

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

      (Added to NRS by 1995, 1599)

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

      1.  The State Board of Agriculture may:

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

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

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

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

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

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

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

      (Added to NRS by 1995, 1598)

      NRS 556.070  Assessments: Imposition and collection; deposit of proceeds.  The Department shall, on or before August 1 of each year, fix an annual special assessment not to exceed $10 per acre to be levied upon all garlic and onions grown and harvested in this State for commercial use. The Department shall collect the assessment and transmit the proceeds to the State Treasurer for credit to the Garlic and Onion Research and Promotion Account.

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

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

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

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

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

      NRS 556.090  Assessments: Civil penalty.  Any grower who fails to pay any assessment pursuant to NRS 556.070 by December 1 of each year as required by NRS 556.080 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 December 31 of the year that the assessment became due. The Department, if satisfied the delay was excusable, may remit any part of the penalty. The penalty must be paid to the Department and deposited for credit to the Garlic and Onion Research and Promotion Account.

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

      NRS 556.100  Assessments: Nature of debt; civil action for recovery.  Any assessment levied constitutes a personal debt of the person so assessed. If a person fails to pay an 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 1995, 1599; A 1999, 3655)

      NRS 556.110  Criminal penalty.  A person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      (Added to NRS by 1995, 1599)