NRS: CHAPTER 587 - AGRICULTURAL PRODUCTS AND SEEDS

[Rev. 2/18/2010 11:47:27 AM]

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 Inspection of seed potatoes imported into State; 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.

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

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 Fraudulent representations and unlawful use of containers; penalty.

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.

NRS 587.510 “Mislabel” defined.

NRS 587.520 “Overripe” defined.

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.

NRS 587.680 Adoption of rules and regulations.

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

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.

_________

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.

(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;

(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

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

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;

(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 Inspection of seed potatoes imported into State; 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 and released by the Director.

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)

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

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 587.185, 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)

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 587.135 to 587.185, 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 587.185, 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)

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

(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. Any person who violates any of the provisions of NRS 587.131 to 587.181, inclusive, is guilty of a misdemeanor.

(Added to NRS by 1975, 494)

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)

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)

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)

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 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)

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 587.390 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 587.400 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)

NRS 587.450 Fraudulent representations and unlawful use of containers; penalty.

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.

3. Any person violating this section shall be guilty of a misdemeanor.

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

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. “Mature,” except when otherwise specifically defined, means having reached that stage of ripeness which will ensure the completion of the ripening process to a degree which will ensure palatability after the removal of the product from the tree, plant or vine.

(Added to NRS by 1971, 1042)

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. “Overripe” means having reached an advance stage of maturity which causes the product to be undesirable for human consumption in a fresh state.

(Added to NRS by 1971, 1043)

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 which are free from insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay. In addition, not more than 5 percent tolerance shall be allowed for any one defect.

(Added to NRS by 1971, 1044)

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. All nuts, fruits and vegetables if offered for sale must be mature but not overripe.

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

COMMERCIAL FEED FOR LIVESTOCK

NRS 587.670 Definitions. As used in this section and NRS 587.680 and 587.690:

1. “Commercial feed” means all materials except seed, whole or processed, which are distributed for use as feed or for mixing in feed intended for livestock except that the Director by regulation may exempt from this definition or from specific provisions of NRS 587.680 and 587.690 commodities including hay, straw, stover, silage, cobs, husk, hull and individual chemical compounds and substances if those commodities, compounds or substances are not intermixed or mixed with other materials.

2. “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.

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

4. “Livestock” means:

(a) All cattle or animals of the bovine species.

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

(d) All goats or animals of the caprine species.

(e) All poultry or domesticated fowl or birds.

(f) All rabbits of the genus oryctolagus.

(g) All sheep or animals of the ovine species.

(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731)

NRS 587.680 Adoption of rules and regulations. The Director may adopt such rules and regulations for commercial feed for livestock as are necessary for the efficient enforcement of the provisions of NRS 587.690. Regulations must include, but are not limited to:

1. Methods of labeling;

2. Descriptions or statements of the ingredients or the effects thereof;

3. Directions for use for all feed containing drugs; and

4. Warning or caution statements necessary for the safe and effective use of the commercial feed.

(Added to NRS by 1973, 1132; A 1993, 1790; 1999, 3731)

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

1. It is unlawful to sell, offer to sell or distribute in this state any commercial feed for livestock unless each container in which it is marketed bears a descriptive label or tag stating:

(a) The net weight of the commercial feed;

(b) The commonly recognized or official name of each ingredient used in its manufacture; and

(c) The guaranteed analysis of crude protein, crude fat, crude fiber and, except as otherwise provided in subsection 2, of minerals and vitamins.

2. Minerals need not be guaranteed if mineral elements are less than 6 1/2 percent and no claim is made on the label. Vitamins need not be guaranteed if the commercial feed is neither formulated nor represented in any manner as a vitamin supplement.

3. Each delivery of commercial feed for livestock in bulk shall be accompanied by an invoice or delivery slip containing the information required by subsection 1, except that in the case of repeated bulk deliveries of the same ingredients, only the first invoice or delivery slip is required to contain this information.

4. This section does not apply to customer-formula feeds or to contract feeders.

(Added to NRS by 1973, 1133)

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

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;

(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)