Assembly Bill No. 631–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of Department of Agriculture)

 

March 26, 2001

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Revises provisions governing quarantines proclaimed by state quarantine officer. (BDR 49‑563)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to agriculture; expanding the purposes for which the state quarantine officer may proclaim a quarantine of agricultural commodities; expanding the circumstances under which the state department of agriculture may require certain owners or occupants to control, treat or eradicate certain diseases, insects, plants, weeds or other pests; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 554 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3    Sec. 2.  “Agricultural commodity” means any bee, agricultural or

1-4  horticultural crop, seed, plant, tree or shrub, or any manufactured

1-5  product thereof, or other product of the soil, or any article except

1-6  livestock.

1-7    Sec. 3.  “Exportation” means the transportation of any agricultural

1-8  commodity by any railroad, express company or other common carrier,

1-9  or by any person as baggage or by vehicle or automobile, or the

1-10  permitting to run at large of the agricultural commodity.

1-11    Sec. 4.  “Farm” includes any farm, stock range, stockyard, dairy, lot

1-12  and other premises not otherwise enumerated.

1-13    Sec. 5.  “Importation” means the transportation or movement of any

1-14  agricultural commodity into this state by any railroad, express company,

1-15  truckline or other common carrier, or by any person by vehicle,

1-16  automobile or otherwise.

2-1    Sec. 6.  “Noxious weed” has the meaning ascribed to it in NRS

2-2  555.005.

2-3    Sec. 7.  “Vertebrate pest” has the meaning ascribed to it in NRS

2-4  555.005.

2-5    Sec. 8.  NRS 554.010 is hereby amended to read as follows:

2-6    554.010  As used in [NRS 554.010 to 554. 090, inclusive :

2-7    1.  “Agricultural commodity” includes any and all bees, agricultural or

2-8  horticultural crops, seeds, plants, trees or shrubs, or any manufactured

2-9  product thereof, or other products of the soil, or any article excepting

2-10  livestock.

2-11    2.  “Importation” shall be construed to mean and include the

2-12  transportation or movement of any agricultural commodity by any railroad,

2-13  express company, truckline or other common carrier, or by any person or

2-14  persons, by vehicle, automobile or otherwise, into this state.] this chapter,

2-15  unless the context otherwise requires, the words and terms defined in

2-16  sections 2 to 7, inclusive, of this act have the meanings ascribed to them

2-17  in those sections.

2-18    Sec. 9.  NRS 554.020 is hereby amended to read as follows:

2-19    554.020  1.  The state quarantine officer may proclaim and enforce a

2-20  quarantine against any state, territory or district, or any portion of any state,

2-21  territory or district, [with respect] relating to the importation into or

2-22  transportation through [the State of Nevada] this state of any agricultural

2-23  commodity, burlap, [containers] container or other packing material

2-24  [which may be infected] that:

2-25    (a) Is infected with, or which may have been exposed to infection with,

2-26  any contagious or destructive disease, or [be] infested with or exposed to

2-27  infestation with [parasites, weed seeds or propagating parts of plants or

2-28  insect pests,] a parasite, noxious weed, weed seed, propagating part of a

2-29  plant or vertebrate or invertebrate pest, or the eggs or larvae thereof[,] ;

2-30  and

2-31    (b) Is dangerous to [any] :

2-32      (1) The public health or quality of any water in this state; or

2-33      (2) Any wildlife, beneficial use of land in or industry of this state.

2-34    2.  [No quarantine shall] A quarantine must not be issued [under]

2-35  pursuant to the provisions of NRS 554.010 to 554.090, inclusive, [which]

2-36  if the issuance of the quarantine will conflict with the provisions of the

2-37  Constitution of the United States or any Act of the Congress of the United

2-38  States.

2-39    3.  The quarantine [shall remain] remains effective until vacated by an

2-40  order of the state quarantine officer.

2-41    Sec. 10.  NRS 554.060 is hereby amended to read as follows:

2-42    554.060  1.  Any agricultural commodity imported into or being

2-43  transported through this state in violation of any quarantine issued [under]

2-44  pursuant to the provisions of NRS 554.010 to 554.090, inclusive, [shall]

2-45  must be immediately seized by the state quarantine officer or his

2-46  authorized representative and treated in a manner approved by the state

2-47  quarantine officer, or destroyed or sent out of the state within 48 hours, at

2-48  the option and expense of the owner [or owners] thereof.

3-1    2.  [When the movement of any] If an agricultural commodity is

3-2  seized by the state quarantine officer[, as provided in] pursuant to the

3-3  provisions of subsection 1[, to some point without] and the movement of

3-4  the agricultural commodity to a point outside of the state would further

3-5  endanger [any] :

3-6    (a) The public health or quality of any water in this state; or

3-7    (b) Any wildlife, beneficial use of land in or industry of this
state,

3-8  the agricultural commodity [so] seized by the state quarantine officer

3-9  [shall] must be destroyed as provided in subsection 1.

3-10    Sec. 11.  NRS 554.110 is hereby amended to read as follows:

3-11    554.110  The state quarantine officer [is authorized and empowered to]

3-12  may proclaim and enforce a quarantine against any county or portion of

3-13  any county, farm, nursery or apiary within this state, [with respect] relating

3-14  to the exportation [therefrom] from the county, farm, nursery or apiary to

3-15  any other [part] portion of the state, of any agricultural commodity

3-16  [infected] that:

3-17    1.  Is infected with, or which may have been exposed to, an infectious,

3-18  contagious or destructive [diseases,] disease or infested with [parasites or

3-19  insect pests,] a parasite, noxious weed, weed seed, propagating part of a

3-20  plant or vertebrate or invertebrate pest, or the eggs or larvae thereof[,] ;

3-21  and

3-22    2.  Is dangerous to [any industry in the] :

3-23    (a) The public health or quality of any water in this state; or

3-24    (b) Any wildlife, beneficial use of land in or industry of this state.

3-25    Sec. 12.  NRS 554.120 is hereby amended to read as follows:

3-26    554.120  1.  [Whenever it shall appear] If it appears to the state

3-27  quarantine officer that [any industry in the] :

3-28    (a) The public health or quality of any water in this state; or

3-29    (b) Any wildlife, beneficial use of land in or industry of this
state ,

3-30  is endangered by exportations of any agricultural commodity to any

3-31  portion of the state from any county, portion of any county, farm, nursery

3-32  or apiary within the state, [to other parts of the state, of any commodity,]

3-33  he shall [at once] immediately take steps to ascertain the facts thereof.

3-34    2.  If in the opinion of the state quarantine officer the facts so warrant,

3-35  he shall by proclamation declare [such] that county, or portion of [such]

3-36  that county, farm, nursery or apiary quarantined from exportations of any

3-37  such agricultural commodity to any other [parts] portion of the state.

3-38    3.  The quarantine [shall remain] remains effective until vacated by an

3-39  order of the state quarantine officer.

3-40    Sec. 13.  NRS 554.140 is hereby amended to read as follows:

3-41    554.140  1.  The state quarantine officer [shall be] is responsible for

3-42  carrying out the provisions of NRS [554.100] 554.110 to 554.240,

3-43  inclusive.

3-44    2.  The sheriff and all peace officers of any county, [when] if called

3-45  upon by the state quarantine officer, shall aid and assist him in the

3-46  enforcement of a quarantine and in the arrest of any person accused of

3-47  violating the [same.] quarantine. The district attorney of any county in

4-1  which any person is charged with a misdemeanor [under NRS 554.100]

4-2  pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall

4-3  prosecute the [same.] misdemeanor.

4-4    Sec. 14.  NRS 554.160 is hereby amended to read as follows:

4-5    554.160  1.  The state quarantine officer [is empowered:

4-6    (a) To exercise] may:

4-7    (a) Exercise all necessary authority required for the proper and efficient

4-8  enforcement of a quarantine.

4-9    (b) [To make] Make arrests of persons violating a quarantine, or

4-10  suspected of such a violation.

4-11    (c) [To examine] Examine any premises or any shipment or

4-12  consignment suspected of containing a quarantined agricultural commodity

4-13  within the meaning of NRS [554.100] 554.110 to 554.240, inclusive, and

4-14  may open any container thereof and inspect the [same.] the contents of the

4-15  container.

4-16    2.  If such a shipment or consignment proves to be a quarantined

4-17  agricultural commodity, the state quarantine officer [shall have power to]

4-18  may require any railroad, express company or other common carrier

4-19  immediately to reship [such] the consignment back to the point of origin, if

4-20  the [same] consignment has not yet been delivered to the consignee. The

4-21  failure or refusal of any railroad company, express company or other

4-22  common carrier promptly [so] to do [shall render] so renders the company

4-23  or carrier so offending liable [to] for a fine of not more than $5,000, which

4-24  fine may be collected by proceedings instituted by the state and prosecuted

4-25  by the attorney general in any court of competent jurisdiction. Any

4-26  property of the defendant within the state may be levied on and sold in

4-27  satisfaction of the judgment.

4-28    Sec. 15.  NRS 554.170 is hereby amended to read as follows:

4-29    554.170  If, in the opinion of the state quarantine officer, any

4-30  agricultural commodity forbidden to be exported by any proclamation of a

4-31  quarantine is endangering [any] :

4-32    1.  The public health or quality of any water in this state; or

4-33    2.  Any wildlife, beneficial use of land in or industry of [the state, it]

4-34  this state,

4-35  the agricultural commodity may be fumigated, disinfected, treated or

4-36  destroyed by the state quarantine officer.

4-37    Sec. 16.  NRS 554.230 is hereby amended to read as follows:

4-38    554.230  In any criminal proceeding arising under NRS [554.100]

4-39  554.110 to 554.240, inclusive, proof that any agricultural commodity,

4-40  forbidden by a proclamation of a quarantine from export, was exported in

4-41  violation of the quarantine shall be deemed proof, within the meaning of

4-42  NRS [554.100] 554.110 to 554.240, inclusive, that the [same] agricultural

4-43  commodity was diseased, exposed to disease or infested.

4-44    Sec. 17.  NRS 555.100 is hereby amended to read as follows:

4-45    555.100  1.  The department shall, [whenever] if necessary or

4-46  [whenever] if a complaint is made to the department, cause an inspection to

4-47  be [made] conducted of any premises [within the jurisdiction of the

4-48  department,] , land, means of conveyance or article of any person in this

5-1  state, and if found infested with an infectious [diseases, insects, weeds or

5-2  other pests] disease, insect, plant, weed, or other pest that is injurious to :

5-3    (a) The public health or quality of any water in this state; or

5-4    (b) Any wildlife, beneficial use of land or agriculture[,] in this
state,

5-5  the department may[, in writing, notify] provide a written notice of its

5-6  findings to the owner or occupant of the premises [that the premises are

5-7  infested or infected with those diseases, insects, weeds or other pests. The

5-8  department may require the owner or occupant] , land, means of

5-9  conveyance or article and require him to control , treat or eradicate [those

5-10  diseases, insects, weeds] the disease, insect, weed or other [pests within a

5-11  certain period to be] pest in the manner and within the period specified in

5-12  the notice.

5-13    2.  [Notices may] A notice issued pursuant to the provisions of

5-14  subsection 1:

5-15    (a) May be served upon the owner or occupant by an officer or

5-16  employee of the department[, and must] ; and

5-17    (b) Must be served in writing, by certified mail or personally, with

5-18  receipt given therefor.

5-19    Sec. 18.  NRS 554.100 is hereby repealed.

5-20    Sec. 19.  This act becomes effective on July 1, 2001.

 

5-21  TEXT OF REPEALED SECTION

 

5-22    554.100  Definitions. As used in NRS 554.100 to 554.240, inclusive:

5-23    1.  “Agricultural commodity” means any bees, agricultural or

5-24   horticultural crops, seeds, plants, trees or shrubs or any manufactured

5-25   product thereof, or other products of the soil, or any article, except

5-26   livestock.

5-27    2.  “Exportation” shall be construed to mean and include the

5-28   transportation of any commodity by any railroad, express company or

5-29   other common carrier, or by any person or persons as baggage or by

5-30   vehicle or automobile, or the permitting to run at large of the same.

5-31    3.  “Farm” means and includes any farm, stock range, stockyard, dairy,

5-32   lot or other premises not otherwise enumerated.

 

5-33  H