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

 

CHAPTER..........

 

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:

 

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

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

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

 horticultural crop, seed, plant, tree or shrub, or any manufactured

 product thereof, or other product of the soil, or any article except

 livestock.

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

 commodity by any railroad, express company or other common carrier,

 or by any person as baggage or by vehicle or automobile, or the

 permitting to run at large of the agricultural commodity.

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

 and other premises not otherwise enumerated.

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

 agricultural commodity into this state by any railroad, express company,

 truckline or other common carrier, or by any person by vehicle,

 automobile or otherwise.

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

 555.005.

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

 555.005.

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

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

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

 horticultural crops, seeds, plants, trees or shrubs, or any manufactured

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

 livestock.

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

 transportation or movement of any agricultural commodity by any

 railroad, express company, truckline or other common carrier, or by any

 person or persons, by vehicle, automobile or otherwise, into this state.]

 this chapter, unless the context otherwise requires, the words and terms

 defined in sections 2 to 7, inclusive, of this act have the meanings

 ascribed to them in those sections.

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

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

 quarantine against any state, territory or district, or any portion of any

 state, territory or district, [with respect] relating to the importation into or

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

commodity, burlap, [containers] container or other packing material

[which may be infected] that:

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

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

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

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

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

 and

   (b) Is dangerous to [any] :

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

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

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

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

 if the issuance of the quarantine will conflict with the provisions of the

 Constitution of the United States or any Act of the Congress of the United

 States.

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

 order of the state quarantine officer.

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

   554.060  1.  Any agricultural commodity imported into or being

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

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

 must be immediately seized by the state quarantine officer or his

 authorized representative and treated in a manner approved by the state

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

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

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

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

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

 the agricultural commodity to a point outside of the state would further

 endanger [any] :

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

   (b) Any wildlife, beneficial use of land in or industry of this

state,

the agricultural commodity [so] seized by the state quarantine officer

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

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

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

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

 any county, farm, nursery or apiary within this state, [with respect]

 relating to the exportation [therefrom] from the county, farm, nursery or

 apiary to any other [part] portion of the state, of any agricultural

 commodity [infected] that:

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

 contagious or destructive [diseases,] disease or infested with [parasites or

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

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

 and

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

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

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

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

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

 quarantine officer that [any industry in the] :

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

   (b) Any wildlife, beneficial use of land in or industry of this

state ,

is endangered by exportations of any agricultural commodity to any

 portion of the state from any county, portion of any county, farm, nursery

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

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

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

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

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

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

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

 order of the state quarantine officer.

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

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

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

 inclusive.

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

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

 enforcement of a quarantine and in the arrest of any person accused of

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

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

 pursuant to the provisions of NRS 554.110 to 554.240, inclusive, shall

 prosecute the [same.] misdemeanor.

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

   554.160  1.  The state quarantine officer [is empowered:

   (a) To exercise] may:

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

 enforcement of a quarantine.

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

 suspected of such a violation.

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

 consignment suspected of containing a quarantined agricultural

 commodity within the meaning of NRS [554.100] 554.110 to 554.240,

 inclusive, and may open any container thereof and inspect the [same.] the

 contents of the container.

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

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

 may require any railroad, express company or other common carrier

 immediately to reship [such] the consignment back to the point of origin,

 if the [same] consignment has not yet been delivered to the consignee.

 The failure or refusal of any railroad company, express company or other

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

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

 fine may be collected by proceedings instituted by the state and prosecuted

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

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

satisfaction of the judgment.

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

   554.170  If, in the opinion of the state quarantine officer, any

 agricultural commodity forbidden to be exported by any proclamation of a

 quarantine is endangering [any] :

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

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

 this state,

the agricultural commodity may be fumigated, disinfected, treated or

 destroyed by the state quarantine officer.

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

   554.230  In any criminal proceeding arising under NRS [554.100]

 554.110 to 554.240, inclusive, proof that any agricultural commodity,

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

 violation of the quarantine shall be deemed proof, within the meaning of

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

 commodity was diseased, exposed to disease or infested.

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

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

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

 to be [made] conducted of any premises [within the jurisdiction of the

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

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

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

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

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

state,

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

 findings to the owner or occupant of the premises [that the premises are

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

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

 conveyance or article and require him to control , treat or eradicate

 [those diseases, insects, weeds] the disease, insect, weed or other [pests

 within a certain period to be] pest in the manner and within the period

 specified in the notice.

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

 subsection 1:

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

 employee of the department[, and must] ; and

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

 receipt given therefor.

   Sec. 18.  NRS 554.100 is hereby repealed.

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

 

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