[Rev. 11/21/2013 12:24:25 PM--2013]

CHAPTER 565 - INSPECTION OF BRANDS

NRS 565.010           Definitions.

NRS 565.030           Administration and enforcement by Department.

NRS 565.040           Creation of brand inspection districts; animals subject to inspection; adoption and publication of regulations.

NRS 565.070           Fees for brand inspection.

NRS 565.090           Removal of animals from brand inspection district without clearance certificate or permit unlawful; notice of contemplated movement; applicability of section; penalty; regulations for permit to move livestock without brand inspection.

NRS 565.095           Transportation of saddle horse without brand inspection or livestock movement permit.

NRS 565.100           Unlawful to consign for slaughter, slaughter or transfer ownership within brand inspection district without inspection and issuance of clearance certificate.

NRS 565.110           Assembly of animals for brand inspection.

NRS 565.120           Brand inspection clearance certificate: Issuance upon completion of inspection; contents; disposition of copies of certificate.

NRS 565.125           Seizure of privately owned animals by governmental entity; approval of seizure by court; submission of order of court to Department.

NRS 565.130           Refusal to issue certificate or permit: Grounds; duty of Department and inspector to prevent unlawful removal of animals.

NRS 565.140           Inspector to give notice to agricultural enforcement officer upon discovery of animals in possession of another; contents of notice.

NRS 565.150           Seizure and disposal of animals by inspector when legal ownership cannot be determined.

NRS 565.155           Enforcement of chapter.

NRS 565.160           Right of Department to inspect animals under other laws unaffected.

NRS 565.170           Penalties.

_________

      NRS 565.010  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Animals” means:

      (a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month.

      (b) All horses, mules, burros and asses or animals of the equine species.

      (c) All swine or animals of the porcine species.

      (d) Alternative livestock as defined in NRS 501.003.

      2.  “Brand inspection” means a careful examination of each animal offered for such inspection and an examination of any brands, marks or other characteristics thereon.

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

      4.  “Director” means the Director of the Department.

      [Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1989, 748; 1993, 433, 1739; 1995, 514; 1999, 3677)

      NRS 565.030  Administration and enforcement by Department.  The Department is designated as the authority to administer, and carry out and enforce the provisions of, this chapter and any regulations adopted pursuant thereto.

      [Part 1:145:1929; NCL § 3849]—(NRS A 1961, 540; 1993, 1739; 1999, 3677)

      NRS 565.040  Creation of brand inspection districts; animals subject to inspection; adoption and publication of regulations.

      1.  The Director may declare any part of this State a brand inspection district.

      2.  After the creation of any brand inspection district as authorized by this chapter, all animals within any such district are subject to brand inspection in accordance with the provisions of this chapter before:

      (a) Consignment for slaughter within any district;

      (b) Any transfer of ownership by sale or otherwise; or

      (c) Removal from the district if the removal is not authorized pursuant to a livestock movement permit issued by the Department or pursuant to NRS 565.095.

      3.  If a brand inspection district is created by the Department pursuant to the provisions of this chapter, the Director shall adopt regulations defining the boundaries of the district and the fees to be collected for brand inspection and prescribing such other methods of procedure not inconsistent with the provisions of this chapter as the Director considers necessary.

      4.  Any regulations adopted pursuant to the provisions of this section must be published at least twice in a newspaper having a general circulation in the brand inspection district created by the regulations, and copies of the regulations must be mailed to all common carriers of record with the Nevada Transportation Authority operating in the brand inspection district. Such publication and notification constitutes legal notice of the creation of the brand inspection district. The expense of advertising and notification must be paid from the Livestock Inspection Account.

      [2:145:1929; A 1956, 55]—(NRS A 1961, 540; 1991, 1793; 1993, 1740; 1997, 2013; 1999, 3677; 2011, 687)

      NRS 565.070  Fees for brand inspection.  The Department may levy and collect a reasonable fee for brand inspection as required under the provisions of this chapter. Any fee so levied must be collected in the manner prescribed by the Director.

      [8:145:1929; NCL § 3856]—(NRS A 1959, 417; 1961, 541; 1969, 138; 1993, 1740; 1999, 3678)

      NRS 565.090  Removal of animals from brand inspection district without clearance certificate or permit unlawful; notice of contemplated movement; applicability of section; penalty; regulations for permit to move livestock without brand inspection.

      1.  Except as otherwise provided in subsections 3 and 6 and NRS 565.095, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.

      2.  Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the Department or an inspector thereof of the person’s intention, stating:

      (a) The place at which it is proposed to cross the border of the brand inspection district with the animals.

      (b) The number and kind of animals.

      (c) The owner of the animals.

      (d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information concerning the basis for the claim of ownership or legal possession.

      (e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.

      (f) If a brand inspection is required, a statement setting forth the place where the animals will be held for brand inspection.

      3.  The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.

      4.  Except as otherwise provided in NRS 565.095, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.

      5.  In addition to the penalty imposed in NRS 565.170, a person who violates the provisions of subsection 1 is:

      (a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.

      (b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.

      6.  The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section. The circumstances may include, without limitation, the routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.

      [5:145:1929; NCL § 3853]—(NRS A 1961, 542; 1983, 1008; 1993, 1740; 1995, 876; 1999, 3678; 2011, 687)

      NRS 565.095  Transportation of saddle horse without brand inspection or livestock movement permit.

      1.  Any person who resides in a state which does not require the use or inspection of a brand for a horse in that state may transport a saddle horse owned by that person into and from this State without a brand inspection or livestock movement permit issued by the Department. Any saddle horse transported pursuant to this section must not remain in this State for more than 15 days or any shorter period specified by the Department and must not be transported into or from this State more than once during that period. Upon request by the Department, a person who transports a saddle horse pursuant to this section shall present to the Department a certificate of health for the saddle horse and a bill of sale or other proof of ownership of the saddle horse required by the Department.

      2.  As used in this section, “saddle horse” means any horse which is ridden or otherwise used by a person while competing or participating in a rodeo, horse show or other contest of skill in this State other than a bucking event at that rodeo, horse show or contest of skill.

      (Added to NRS by 2011, 687)

      NRS 565.100  Unlawful to consign for slaughter, slaughter or transfer ownership within brand inspection district without inspection and issuance of clearance certificate.  It is unlawful for any person to consign for slaughter, or slaughter at an approved plant, or transfer ownership of any animals by sale or otherwise within any brand inspection district created under the provisions of this chapter, until the animals have been inspected by an inspector of the Department and a brand inspection clearance certificate issued covering the animals.

      [5.1:145:1929; added 1956, 55]—(NRS A 1961, 543; 1971, 120; 1993, 1741; 1999, 3679)

      NRS 565.110  Assembly of animals for brand inspection.  Except as otherwise provided in NRS 565.090, a person intending to move, drive, ship or transport by common carrier, or otherwise, any animals out of any brand inspection district created under the provisions of this chapter shall assemble and hold them at some convenient and adequate place for such brand inspection as may be required until the animals have been inspected and released as provided for in this chapter.

      [6:145:1929; NCL § 3854]—(NRS A 1961, 543; 1993, 1741; 1995, 877)

      NRS 565.120  Brand inspection clearance certificate: Issuance upon completion of inspection; contents; disposition of copies of certificate.

      1.  Upon the completion of brand inspection, the inspector of the Department shall, except as otherwise provided in this chapter, issue a brand inspection clearance certificate on which must be entered:

      (a) The name and address of the person claiming to own the animals.

      (b) The proposed destination of the animals.

      (c) The name and address of the consignee.

      (d) A full description of all the animals inspected, including the number, kind, sex, age, color and the brands or brands and marks thereon.

      (e) The amount of the inspection fee or fees collected.

      (f) The signature of the owner or the owner’s authorized agent.

      2.  One copy of the brand inspection certificate must be delivered to the common carrier undertaking to transport the animals out of the brand inspection district for attachment to its waybill, or to the person intending to drive, move or otherwise transport the animals out of the brand inspection district other than by common carrier to accompany the animals to destination, and one copy must be immediately forwarded to the office of the Department.

      [Part 7:145:1929; NCL § 3855]—(NRS A 1961, 543; 1993, 1741; 1999, 3679)

      NRS 565.125  Seizure of privately owned animals by governmental entity; approval of seizure by court; submission of order of court to Department.

      1.  Notwithstanding any provision of this chapter to the contrary, if a governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the Department or its authorized inspector shall not issue brand inspection clearance certificates or permits to remove the animals from a brand inspection district or for the transfer of ownership of the animals by sale or otherwise unless:

      (a) Before the seizure, the governmental entity obtains approval for the seizure from a court of competent jurisdiction; and

      (b) The governmental entity submits a copy of the order approving the seizure to the Department or its authorized inspector.

      2.  The provisions of this section do not apply to:

      (a) An estray, as defined in NRS 569.0075;

      (b) Feral livestock, as defined in NRS 569.008;

      (c) A wild horse or burro, as defined in 16 U.S.C. § 1332;

      (d) An animal that is impounded or sold by the Department pursuant to NRS 575.060; or

      (e) An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to animals.

      (Added to NRS by 2005, 1238)

      NRS 565.130  Refusal to issue certificate or permit: Grounds; duty of Department and inspector to prevent unlawful removal of animals.

      1.  The Department or its authorized inspector shall refuse to issue brand inspection clearance certificates or permits to remove animals from a brand inspection district without brand inspection as provided in this chapter, subject to brand inspection under the provisions of this chapter, not bearing brands or brands and marks of legal record in the name of the person claiming lawful possession of and applying for inspection of the animals, until satisfactory evidence of the right to legal possession of the animals and shipment or removal from the brand inspection district has been supplied to the Department or its authorized inspector.

      2.  The Department and its authorized inspector shall use all due vigilance to prevent the unlawful removal by any person of any animals from any brand inspection district created under the provisions of this chapter.

      [9:145:1929; NCL § 3857]—(NRS A 1961, 544; 1993, 1742; 1999, 3680)

      NRS 565.140  Inspector to give notice to agricultural enforcement officer upon discovery of animals in possession of another; contents of notice.

      1.  Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify an agricultural enforcement officer of the inspector’s findings.

      2.  The inspector shall include in such notice:

      (a) The date and place where such animal or animals were found.

      (b) A full description of the same.

      (c) The name and address of any person or persons in whose possession they were found.

      (d) All other information which may aid the agricultural enforcement officer or the legal owner or owners of such animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.

      3.  Upon receipt of the notice, the agricultural enforcement officer shall investigate the findings of the inspector and, as soon as practicable, provide notification of those findings to the legal owner or owners of such animal or animals.

      4.  As used in this section, “agricultural enforcement officer” has the meaning ascribed to it in regulations adopted by the Department.

      [10:145:1929; NCL § 3858]—(NRS A 1961, 544; 2013, 1322)

      NRS 565.150  Seizure and disposal of animals by inspector when legal ownership cannot be determined.

      1.  Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right to possession, and the inspector shall be unable to determine by means of the brands or brands and marks on such animals, or otherwise, the actual legal owners of the animals, or, if in the judgment of the inspector such action is necessary to safeguard the legal owners of the animals, if known to the inspector, against their loss, the inspector shall immediately seize and take possession of such animals and proceed to dispose of the same, under the provisions of NRS 569.010 or 569.040 to 569.130, inclusive.

      2.  Such seizure and disposal by an inspector shall in no way relieve the persons in whose possession the animals were found of any civil or criminal liability arising out of the unlawful removal of such animals from the grazing commons or the unlawful possession of the same.

      [11:145:1929; NCL § 3859]—(NRS A 1961, 545)

      NRS 565.155  Enforcement of chapter.  In addition to enforcing the provisions of this chapter through its inspectors, the Department may:

      1.  Authorize other peace officers to enforce the provisions of this chapter; and

      2.  Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by the inspectors of the Department and other peace officers.

      (Added to NRS by 1971, 255; A 1989, 339; 1993, 1742, 2541; 1995, 703; 1999, 3680)

      NRS 565.160  Right of Department to inspect animals under other laws unaffected.  The provisions of this chapter do not affect the right of the Department conferred by any other law to inspect any animals for the determination of the ownership thereof, or for any other purpose under the provisions of any such other law.

      [12:145:1929; NCL § 3860]—(NRS A 1961, 545; 1993, 1742; 1999, 3680)

      NRS 565.170  Penalties.  Any person violating any of the provisions of this chapter:

      1.  Is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law.

      2.  In addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $1,000 per violation.

Ê 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.

      [14:145:1929; A 1956, 55]—(NRS A 1993, 899; 1995, 548; 1999, 3680)