[Rev. 11/21/2013 12:24:59 PM--2013]

CHAPTER 571 - DISEASED ANIMALS

GENERAL PROVISIONS

NRS 571.015           Definitions.

NRS 571.016           “Alternative livestock” defined.

NRS 571.017           “Animal” defined.

NRS 571.018           “Department” defined.

NRS 571.019           “Director” defined.

NRS 571.021           “Importation” defined.

NRS 571.022           “Livestock” defined.

NRS 571.023           “State Quarantine Officer” defined.

NRS 571.025           Infestation with or exposure to parasite deemed equivalent to infection with or exposure to disease.

SPECIAL TAX ON SPECIFIED LIVESTOCK

NRS 571.035           Maximum rate of tax; minimum tax; deposit in Livestock Inspection Account. [Repealed.]

QUARANTINE

NRS 571.045           State Quarantine Officer’s power to proclaim and enforce quarantine.

NRS 571.050           Embargo against or regulation of importation; amendments.

NRS 571.060           Certified copies of quarantine to be delivered to certain officers.

NRS 571.070           Administration; cooperation with state and federal officers.

NRS 571.080           Treatment, destruction or shipment of animals transported in violation of quarantine.

NRS 571.090           Unlawful importation, transportation or delivery in violation of quarantine.

NRS 571.100           Criminal proceedings: Proof of disease or exposure to disease.

NRS 571.110           Penalty.

CONTROL AND ERADICATION OF DISEASES IN ANIMALS

NRS 571.120           Duties of state agencies.

NRS 571.130           Adoption of rules and regulations of federal Secretary of Agriculture relating to control and suppression of disease in animals.

NRS 571.135           Regulations for processing of food waste to be fed to livestock, fish or other animals.

NRS 571.140           Inspection, testing, treatment, quarantine and condemnation of animals.

NRS 571.150           Inspection, testing or quarantine of animal infected with or exposed to disease.

NRS 571.160           Notice to State Quarantine Officer of animal infected with disease; confidentiality of notice.

NRS 571.170           Regulations for quarantine of diseased animals; expense of treatment, feeding, care and testing.

NRS 571.180           Removal of quarantined or infected animal or animal product prohibited without permit.

NRS 571.190           Destruction of animal infected with or exposed to disease: Procedure; owner’s compensation.

NRS 571.200           Disposal of carcass of diseased animal.

NRS 571.210           Bringing animals from another state: Compliance with regulations; notice; health certificate; prohibited importation of certain animals; violation of section.

NRS 571.220           Quarantine, cleaning and disinfection of places where animals handled; payment of expenses.

NRS 571.230           Right of entry of inspectors.

NRS 571.240           Inspection of animal about to be removed from State.

NRS 571.250           Penalties.

_________

GENERAL PROVISIONS

      NRS 571.015  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 571.016 to 571.023, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1961, 506; A 1993, 433, 1746; 1995, 514; 1999, 3685; 2003, 2157)

      NRS 571.016  “Alternative livestock” defined.  “Alternative livestock” has the meaning ascribed to it in NRS 501.003.

      (Added to NRS by 2003, 2156)

      NRS 571.017  “Animal” defined.  “Animal” means any living creature other than a member of the human race.

      (Added to NRS by 2003, 2156)

      NRS 571.018  “Department” defined.  “Department” means the State Department of Agriculture.

      (Added to NRS by 2003, 2156)

      NRS 571.019  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2003, 2156)

      NRS 571.021  “Importation” defined.  “Importation” means the transportation or movement of animals by any railroad, express company, truckline or other carrier, or by any persons, by vehicle or otherwise, into this State.

      (Added to NRS by 2003, 2156)

      NRS 571.022  “Livestock” defined.  “Livestock” means:

      1.  All cattle or animals of the bovine species.

      2.  All horses, mules, burros and asses or animals of the equine species.

      3.  All swine or animals of the porcine species.

      4.  All goats or animals of the caprine species.

      5.  All sheep or animals of the ovine species.

      6.  All poultry or domesticated fowl or birds.

      7.  All dogs, cats or other animals domesticated or under the restraint or control of humans.

      8.  All alternative livestock.

      (Added to NRS by 2003, 2156)

      NRS 571.023  “State Quarantine Officer” defined.  “State Quarantine Officer” means the Director.

      (Added to NRS by 2003, 2157)

      NRS 571.025  Infestation with or exposure to parasite deemed equivalent to infection with or exposure to disease.

      1.  For the purposes of this chapter, infestation with internal or external parasites, or exposure to such possible infestation, shall be deemed equivalent to infection with or exposure to infection with an infectious, contagious or parasitic disease.

      2.  The provisions of this chapter applicable to animals infected with or exposed to infection with any infectious, contagious or parasitic disease, or to any premises, grounds, cars, vehicles or other carriers infected or contaminated with any infectious, contagious or parasitic disease, also apply to any animals, premises, grounds, cars, vehicles, or other carriers infested with or exposed to infestation or contamination with any internal or external parasites.

      (Added to NRS by 1961, 507; A 2003, 2157)

SPECIAL TAX ON SPECIFIED LIVESTOCK

      NRS 571.035  Maximum rate of tax; minimum tax; deposit in Livestock Inspection Account.  Repealed. (See chapter 286, Statutes of Nevada 2013, at page 1328.)

 

QUARANTINE

      NRS 571.045  State Quarantine Officer’s power to proclaim and enforce quarantine.

      1.  The State Quarantine Officer may proclaim and enforce quarantine against any state, territory or district, or any portion of any state, territory or district, with respect to the importation into or transportation through the State of Nevada of animals which may be infected with, or which may have been exposed to infection with, any infectious, contagious or parasitic disease.

      2.  No quarantine may be issued under the provisions of NRS 571.045 to 571.110, inclusive, which will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.

      3.  A quarantine remains effective until vacated by order of the State Quarantine Officer.

      (Added to NRS by 1961, 507; A 2003, 2157)

      NRS 571.050  Embargo against or regulation of importation; amendments.

      1.  Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, may:

      (a) Consist of a complete embargo against the importation into or transportation through the State of any animals so quarantined against; or

      (b) Provide for the importation into or transportation through the State of any such animals under such rules and regulations as may be set forth and prescribed in the quarantine at the time the same is issued.

      2.  Any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, remains in force and effect until removed or modified by the State Quarantine Officer, but:

      (a) The State Quarantine Officer may amend from time to time any quarantine so issued; and

      (b) Any such amendments must be general in their application and must not apply to any individual shipment or importation.

      (Added to NRS by 1961, 508; A 2003, 2158)

      NRS 571.060  Certified copies of quarantine to be delivered to certain officers.  If a quarantine is declared as provided in NRS 571.045 to 571.110, inclusive, against the importation into or transportation through this state of any animals from any other state, territory or district or any portion or portions thereof, a certified copy of the quarantine must be personally delivered by the State Quarantine Officer or the State Quarantine Officer’s representative or mailed by certified or registered mail to each of the following:

      1.  The governor or the proper quarantine official of such state, territory or district.

      2.  The United States quarantine official having jurisdiction over the same character of quarantine.

      3.  The state agent or other qualified official of any interstate railroad, express company or other common carrier doing business within this state.

      (Added to NRS by 1961, 508; A 2003, 2158)

      NRS 571.070  Administration; cooperation with state and federal officers.

      1.  The State Quarantine Officer is designated the authority to administer the provisions of NRS 571.045 to 571.110, inclusive.

      2.  Insofar as practicable, the State Quarantine Officer, in carrying out the provisions of NRS 571.045 to 571.110, inclusive, shall cooperate with the federal authorities and the quarantine officials of the several states, territories and districts.

      (Added to NRS by 1961, 508)

      NRS 571.080  Treatment, destruction or shipment of animals transported in violation of quarantine.

      1.  Any animals imported into or being transported through this state in violation of any quarantine issued under the provisions of NRS 571.045 to 571.110, inclusive, must be seized immediately by the State Quarantine Officer or the State Quarantine Officer’s authorized representative and treated in a manner approved by the State Quarantine Officer, or destroyed, or sent out of the State within 48 hours, at the expense of the owner thereof.

      2.  When the movement of any animals seized by the State Quarantine Officer, as provided in subsection 1, to some point without the State would further endanger any industry of this state, the animals so seized by the State Quarantine Officer must be destroyed at the expense of the owner.

      (Added to NRS by 1961, 508; A 2003, 2158)

      NRS 571.090  Unlawful importation, transportation or delivery in violation of quarantine.  It is unlawful for any railroad, express company or other common carrier, or any persons, to import into or transport through the State of Nevada any animals in violation of the provisions of NRS 571.045 to 571.110, inclusive, or to make delivery of any such animals to any persons within the limits of this state.

      (Added to NRS by 1961, 509; A 2003, 2158)

      NRS 571.100  Criminal proceedings: Proof of disease or exposure to disease.  In any criminal proceeding arising under the provisions of NRS 571.045 to 571.110, inclusive, proof that any animal, prohibited by proclamation of quarantine from importation into or transportation through this state, was imported into or transported through this state in violation of the quarantine shall be deemed proof within the meaning of NRS 571.045 to 571.110, inclusive, that the animal was diseased, exposed to disease or infected, or exposed to infection.

      (Added to NRS by 1961, 509; A 2003, 2158)

      NRS 571.110  Penalty.  Any person, corporation, common carrier, agent or employee of any corporation violating or assisting in violating any of the provisions of NRS 571.045 to 571.100, inclusive, is guilty of a gross misdemeanor.

      (Added to NRS by 1961, 509)

CONTROL AND ERADICATION OF DISEASES IN ANIMALS

      NRS 571.120  Duties of state agencies.

      1.  The Department shall do all things necessary for the control and eradication of infectious, contagious or parasitic diseases of animals.

      2.  The Director shall cooperate with the Director of the Department of Wildlife in a program to prevent the spread of communicable diseases in animals in this State.

      (Added to NRS by 1961, 509; A 1989, 1086; 1993, 1747; 1999, 3687; 2003, 1582, 2159)

      NRS 571.130  Adoption of rules and regulations of federal Secretary of Agriculture relating to control and suppression of disease in animals.  The State Quarantine Officer may adopt rules and regulations of the Secretary of Agriculture of the United States relating to the control and suppression of disease in animals, and may cooperate with the Secretary of Agriculture and the Secretary of Agriculture’s officers in the enforcement of such rules and regulations.

      (Added to NRS by 1961, 509; A 2003, 2159)

      NRS 571.135  Regulations for processing of food waste to be fed to livestock, fish or other animals.

      1.  The State Quarantine Officer, with the approval of the State Board of Agriculture, may adopt such regulations requiring the processing of food waste before it is fed to livestock, fish or other animals as are necessary to prevent the introduction or spread of infectious, contagious or parasitic diseases. The regulations may prescribe a procedure by which permits are issued to those persons desiring to process food waste, minimum standards of sanitation are established and periodic inspections of the processing facilities are made. The State Quarantine Officer may collect a reasonable annual fee for each permit issued to recover costs incurred by the Department in the issuance of permits and the inspection of processing facilities.

      2.  Any regulation adopted pursuant to this section does not apply to a person feeding food waste from the person’s household to livestock, fish or other animals being raised on the premises for the person’s consumption.

      3.  As used in this section, “food waste” means all waste material derived in whole or in part from the meat of any animal or other animal material, or other refuse associated with any such material, resulting from the handling, preparation and consumption of food.

      (Added to NRS by 1981, 617; A 1993, 1748; 1999, 3687)

      NRS 571.140  Inspection, testing, treatment, quarantine and condemnation of animals.  The State Quarantine Officer, or the State Quarantine Officer’s representatives or agents, may inspect, test, treat, quarantine and condemn animals affected with any infectious, contagious or parasitic disease, and any such person may enter upon any ground or premises of this state to enforce the inspection, testing, treatment, quarantine and condemnation laws and all the rules, regulations and orders of the Department.

      (Added to NRS by 1961, 509; A 1993, 1748; 1999, 3687; 2003, 2159)

      NRS 571.150  Inspection, testing or quarantine of animal infected with or exposed to disease.  The State Quarantine Officer may inspect, test or quarantine any animal in the State infected with, suspected of being or which have been exposed to an infectious, contagious or parasitic disease, and compel testing or treatment at such times and as often as the State Quarantine Officer deems necessary to insure the suppression of disease.

      (Added to NRS by 1961, 509; A 2003, 2159)

      NRS 571.160  Notice to State Quarantine Officer of animal infected with disease; confidentiality of notice.  If any animal becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations adopted by the State Quarantine Officer, the owner or agent in charge of the infected animal, or any inspector of the Department or any practicing veterinarian who has knowledge of the infected animal, shall immediately notify the State Quarantine Officer. Except as otherwise provided in NRS 239.0115, a notification of disease received pursuant to this section must be kept confidential unless:

      1.  The reported disease is:

      (a) Specifically regulated pursuant to NRS 571.130 for mandatory control and eradication to protect the public health, other animals or wildlife; or

      (b) Trichomonosis in cattle; or

      2.  The State Quarantine Officer determines that a public health emergency exists.

      (Added to NRS by 1961, 509; A 1993, 1748; 1999, 1069, 3687; 2001, 279; 2003, 2159; 2007, 2119; 2009, 461)

      NRS 571.170  Regulations for quarantine of diseased animals; expense of treatment, feeding, care and testing.

      1.  If an animal is found diseased, the State Quarantine Officer may make regulations for its quarantine at once, and the State Quarantine Officer may define the place and limits within which the animal may be grazed, herded or driven. Such an animal may be held in quarantine until released by the State Quarantine Officer.

      2.  The expense of treatment, feeding and taking care of animals quarantined under the provisions of NRS 571.120 to 571.250, inclusive, must be paid by the owner or agent in charge of the animals, and such expense is a lien upon the animals until paid.

      3.  The expense of testing an animal and the expense of handling an animal for the purpose of testing must be paid by the owner or agent in charge of the animal, at the option of the State Quarantine Officer, and such expense is a lien upon the animal until paid.

      (Added to NRS by 1961, 509; A 2003, 2159)

      NRS 571.180  Removal of quarantined or infected animal or animal product prohibited without permit.  Quarantined animals, and any animals or animal products which have been, or are suspected to have been, infected with or exposed to infectious, contagious or parasitic diseases, must not be removed from one point to another within any area, or from one area to another, without a written permit from the State Quarantine Officer.

      (Added to NRS by 1961, 510; A 2003, 2160)

      NRS 571.190  Destruction of animal infected with or exposed to disease: Procedure; owner’s compensation.

      1.  The State Quarantine Officer may order and have destroyed any animal infected with or exposed to any infectious, contagious or parasitic disease.

      2.  The Department shall compensate the owners of any animal so destroyed separately or jointly with any county or municipality of the State or any agency of the Federal Government, the amount of the compensation to be determined by appraisal before the affected animal is destroyed.

      3.  The appraisal must be made by the State Quarantine Officer or a qualified agent designated by the State Quarantine Officer and the owners or their authorized representative. In the event of their failure to reach an agreement, the two so selected shall designate a disinterested person, who by reason of experience in such matters is a qualified judge of values of animals, to act with them. The judgment of any two such appraisers is binding and final upon all persons.

      4.  The total amount received by the owners of any animal so destroyed, including compensation paid by the Department, any county or municipality or any agency of the Federal Government or any company that insures animals, and the salvage received from the sale of hides or carcasses or any other source, combined, must not exceed the actual appraised value of the destroyed animal.

      5.  Any natural person or corporation purchasing any animal which was at the time of purchase under quarantine by any state, county or municipal authorities or any agency of the Federal Government authorized to lay such quarantine, or who purchases any animal which due diligence and caution would have shown to be diseased or which was shipped or transported in violation of the rules and regulations of any agency of the Federal Government or the State of Nevada, is not entitled to receive compensation, and the Department may order the destruction of the animal without making any compensation to the owner.

      6.  No payment may be made hereunder as compensation for or on account of any such animal destroyed if, at the time of inspection or test of the animal or at the time of the ordered destruction thereof, the animal belongs to or is upon the premises of any person, firm or corporation to which the animal has been sold, shipped or delivered for slaughter.

      7.  In no case may any payment by the Department pursuant to the provisions of this section be made unless the owner has complied with all quarantine rules and regulations of the Department.

      (Added to NRS by 1961, 510; A 1993, 1748; 1999, 3687; 2003, 2160)

      NRS 571.200  Disposal of carcass of diseased animal.

      1.  The owner or agent in charge of any animal that has died or has been killed as a result of any infectious, contagious or parasitic disease shall immediately bury the carcass thereof at least 3 feet underground or cause the carcass to be consumed by fire, and the carcass must not be sold or given away.

      2.  In order to carry out the requirements of subsection 1, the carcass may be conveyed on a public highway or public road, or conveyed on land not owned by the owner or agent, in accordance with rules and regulations promulgated by the State Quarantine Officer.

      3.  The expense of burying, burning or conveying the carcass must be paid by the owner or agent, and such expense is a lien upon remaining animals or other real or personal property of the owner or agent until paid.

      (Added to NRS by 1961, 511; A 2003, 2161)

      NRS 571.210  Bringing animals from another state: Compliance with regulations; notice; health certificate; prohibited importation of certain animals; violation of section.

      1.  Except as otherwise provided in this section, a person, or the person’s agent or employee may bring into this State any animal not under special quarantine by the State of Nevada, the Federal Government, or the state, territory or district of origin in compliance with regulations adopted by the State Quarantine Officer.

      2.  Notice that an animal is in transit is not required unless the animal remains in this State, or is to be unloaded in this State to feed and rest for longer than 48 hours.

      3.  A person, or the person’s agent or employee shall not bring any animal into this State unless he or she has obtained a health certificate showing that the animal is free from contagious, infectious or parasitic diseases or exposure thereto. This requirement does not apply to any animal whose accustomed range is on both sides of the Nevada state line and which is being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon. The State Quarantine Officer shall adopt regulations concerning the form of the certificate.

      4.  A person, or the person’s agent or employee shall not:

      (a) Alter a health certificate; or

      (b) Divert any animal from the destination described on the health certificate without notifying the State Quarantine Officer within 72 hours after the diversion of the animal.

      5.  To protect this State from the effects of chronic wasting disease, a person, or the person’s agent or employee shall not bring into this State any live:

      (a) Rocky Mountain elk (Cervus elaphus nelsoni);

      (b) Mule deer (Odocoileus hemionus);

      (c) White-tailed deer (Odocoileus virginianus); or

      (d) Other animal that the State Quarantine Officer has, by regulation, declared to be susceptible to chronic wasting disease and prohibited from importation into this State.

      6.  Any animal brought into this State in violation of this section may be seized, destroyed or sent out of this State by the State Quarantine Officer within 48 hours. The expense of seizing, destroying or removing the animal must be paid by the owner or the owner’s agent in charge of the animal and the expense is a lien on the animal, unless it was destroyed, until paid.

      (Added to NRS by 1961, 511; A 1983, 1009; 1985, 347; 2003, 2161; 2005, 204)

      NRS 571.220  Quarantine, cleaning and disinfection of places where animals handled; payment of expenses.

      1.  The State Quarantine Officer shall quarantine any corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles where any animal may have been handled, and compel the cleaning and disinfecting of such places or vehicles when deemed necessary for the purposes of this chapter.

      2.  Where owners or persons in charge of such places or vehicles refuse to clean and disinfect them, an inspector may take charge of such places or vehicles and cause them to be cleaned and disinfected. The expense of such cleaning and disinfecting must be paid by the owners or persons in charge, and is a lien upon such corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles until the expense is paid.

      (Added to NRS by 1961, 511; A 2003, 2162)

      NRS 571.230  Right of entry of inspectors.  Inspectors may at all times enter any premises, farms, fields, corrals, pens, slaughterhouses, buildings, places, cars, trucks or vehicles where any animal is quartered for the purpose of examining such places, vehicles or animals to determine whether they are affected with any infectious, contagious or parasitic disease.

      (Added to NRS by 1961, 511; A 2003, 2162)

      NRS 571.240  Inspection of animal about to be removed from State.

      1.  Inspectors may inspect any animal about to be shipped, driven, transported or otherwise removed from the State.

      2.  Consignors, possessors or persons in charge of such an animal shall, upon demand, fully establish title to the animal or the legal right to so ship, transport, drive or otherwise remove the animal from the State.

      (Added to NRS by 1961, 511; A 2003, 2162)

      NRS 571.250  Penalties.  Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing, refusing or neglecting to perform or observe any conditions, orders, rules or regulations prescribed by the State Quarantine Officer in accordance with the provisions of NRS 571.120 to 571.240, inclusive, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      (Added to NRS by 1961, 512; A 1993, 900; 1995, 548; 1999, 3688)