[Rev. 6/2/2018 8:08:02 PM--2017]

CHAPTER 556 - GARLIC AND ONIONS

NRS 556.010           Definitions.

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 [Repealed.]

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 [Repealed.]

NRS 556.040           Preparation and presentation of certain programs for research by grower or employee of Department; recommendations for projects.

NRS 556.050           Deposit of gifts or grants of money into Garlic and Onion Research and Promotion Account.

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

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.

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

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

      2.  “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; 2017, 145)

      NRS 556.020  Garlic and Onion Growers’ Advisory Board: Creation; membership.  Repealed. (See chapter 37, Statutes of Nevada 2017, at page 152.)

 

      NRS 556.030  Garlic and Onion Growers’ Advisory Board: Service of members without pay.  Repealed. (See chapter 37, Statutes of Nevada 2017, at page 152.)

 

      NRS 556.040  Preparation and presentation of certain programs for research by grower or employee of Department; recommendations for projects.  Any grower or employee of the Department may 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.

      (Added to NRS by 1995, 1598; A 2017, 145)

      NRS 556.050  Deposit of gifts or grants of money into Garlic and Onion Research and Promotion Account.  All gifts or grants of money received pursuant to this chapter must be deposited with the State Treasurer for credit to the Garlic and Onion Research and Promotion Account.

      (Added to NRS by 1995, 1599; A 2017, 146)

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

      1.  The State Board of Agriculture may:

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

      (b) Authorize payments from the Garlic and Onion Research and Promotion Account.

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

      (d) 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; A 2017, 146)

      NRS 556.070  Assessments: Imposition and collection; deposit of proceeds.  The Department may, 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. If the Department levies the assessment, 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; 2017, 146)

      NRS 556.080  Assessments: Payment.  If any assessments are levied pursuant to the provisions of NRS 556.070, the assessments 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; 2017, 146)

      NRS 556.090  Assessments: Civil penalty.  If an assessment is levied pursuant to NRS 556.070, any grower who fails to pay the assessment 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; 2017, 146)

      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)