requires two-thirds majority vote (§ 8)                                                                                                                 

                                                                                                  

 

Assembly Bill No. 75–Committee on Natural Resources,
Agriculture, and Mining

 

(On Behalf of the Department of Agriculture)

 

February 11, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises provisions governing certification of organic agricultural products. (BDR 51‑566)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to agriculture; revising the provisions governing the certification of organic agricultural products; 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 587 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  “Agricultural product” has the meaning ascribed to it in 7

1-4  U.S.C. § 6502, as that section existed on July 1, 2003.

1-5  Sec. 2.  NRS 587.700 is hereby amended to read as follows:

1-6  587.700  As used in NRS 587.700 to [587.850,] 587.830,

1-7  inclusive, and section 1 of this act, unless the context otherwise

1-8  requires, the words and terms defined in NRS [587.720 to 587.790,

1-9  inclusive,] 587.740, 587.750 and 587.780 and section 1 of this act

1-10  have the meanings ascribed to them in those sections.

1-11      Sec. 3.  NRS 587.750 is hereby amended to read as follows:

1-12      587.750  “Handler” [means a person who processes, packages,

1-13  stores, transports or sells animal or vegetable products. The term

1-14  does not include a final retailer who does not process animal or

2-1  vegetable products.] has the meaning ascribed to it in 7 U.S.C. §

2-2  6502, as that section existed on July 1, 2003.

2-3  Sec. 4.  NRS 587.780 is hereby amended to read as follows:

2-4  587.780  “Producer” [means a person who engages in the

2-5  business of growing or producing an animal or vegetable product.]

2-6  has the meaning ascribed to it in 7 U.S.C. § 6502, as that section

2-7  existed on July 1, 2003.

2-8  Sec. 5.  NRS 587.800 is hereby amended to read as follows:

2-9  587.800  1.  The Director [shall] may establish a program for

2-10  the certification of producers and handlers of organic agricultural

2-11  products. [The program must include all vegetable products and

2-12  may include animal products.

2-13      2.  The]

2-14      2.  If such a program is established, the Governor and the

2-15  Director shall submit the program to the Secretary of Agriculture for

2-16  approval[.] pursuant to the Federal Act.

2-17      Sec. 6.  NRS 587.810 is hereby amended to read as follows:

2-18      587.810  1.  An Advisory Council for Organic Agricultural

2-19  Products is hereby created in the Department. The Advisory Council

2-20  consists of:

2-21      (a) Four members who are producers or handlers of organic

2-22  agricultural products;

2-23      (b) One member who is a purchaser, consumer, or wholesale or

2-24  retail seller of organic agricultural products; and

2-25      (c) One member who represents an agricultural interest other

2-26  than organic agricultural products.

2-27      2.  The Director shall nominate members for the Advisory

2-28  Council, and the State Board of Agriculture shall appoint the

2-29  members.

2-30      3.  The Advisory Council [shall advise] may:

2-31      (a) Advise the Director and the State Board of Agriculture

2-32  concerning the [administration of] provision of information and

2-33  educational services to the public and to producers and handlers

2-34  of organic agricultural products concerning the program for the

2-35  certification of producers and handlers of organic agricultural

2-36  products[.] established by the Director pursuant to NRS 587.800,

2-37  if such a program is established; and

2-38      (b) Provide information and educational services to the public

2-39  and to producers and handlers of organic agricultural products.

2-40      Sec. 7.  NRS 587.820 is hereby amended to read as follows:

2-41      587.820  1.  The State Board of Agriculture shall appoint three

2-42  of the first members of the Advisory Council for Organic

2-43  Agricultural Products for terms of 2 years and three for terms of 3

2-44  years. After the expiration of the initial term, the term of office of

2-45  each member is 3 years. A vacancy must be filled, for the unexpired

3-1  term, by appointment of a member whose qualifications are the

3-2  same as those of the member replaced. The Advisory Council shall

3-3  elect a Chairman and Vice Chairman from among its members. The

3-4  Director shall provide appropriate secretarial support and a place for

3-5  the meetings of the Advisory Council.

3-6  2.  The Advisory Council shall meet at least [quarterly,]

3-7  annually, upon the call of the Director or the Chairman. A majority

3-8  of the members appointed to the Advisory Council constitutes a

3-9  quorum.

3-10      3.  For each day or portion of a day necessarily spent on the

3-11  business of the Advisory Council, each member is entitled to

3-12  receive:

3-13      (a) Compensation, to be fixed by regulation of the State Board

3-14  of Agriculture, which must not exceed $80 per day; and

3-15      (b) The per diem allowance and travel expenses provided for

3-16  state officers and employees generally.

3-17      Sec. 8.  NRS 587.830 is hereby amended to read as follows:

3-18      587.830  [The] If the Director establishes a program for the

3-19  certification of producers and handlers of organic agricultural

3-20  products pursuant to NRS 587.800, the State Board of Agriculture

3-21  [shall] may adopt appropriate regulations [for] :

3-22      1.  For the administration of the program [for the certification

3-23  of organic agricultural products, including:

3-24      1.] , including, without limitation:

3-25      (a) Standards for the analysis[, inspection and certification] and

3-26  inspection of organic agricultural products;

3-27      [2.] (b) Records required of producers and handlers of organic

3-28  agricultural products;

3-29      [3.] (c) Standards for the certification of producers and handlers

3-30  of organic agricultural products;

3-31      [4.  Lists of approved and prohibited substances for use in the

3-32  production and handling of organic agricultural products;

3-33      5.] (d) Requirements for the use of a seal of approval for

3-34  organic agricultural products produced in this state ; and [standards

3-35  for labeling those products; and

3-36      6.] (e) A schedule of fees for initial certification and

3-37  [inspection] for continued certification as a producer or handler of

3-38  organic agricultural products.

3-39      2.  As necessary for the enforcement of the program,

3-40  including, without limitation:

3-41      (a) Standards for the registration of producers and handlers of

3-42  organic agricultural products; and

3-43      (b) A schedule of fees for initial registration and for continued

3-44  registration of producers and handlers of organic agricultural

3-45  products.

4-1  Sec. 9.  NRS 587.720, 587.730, 587.760, 587.770, 587.790,

4-2  587.840 and 587.850 are hereby repealed.

4-3  Sec. 10.  This act becomes effective on July 1, 2003.

 

4-4  TEXT OF REPEALED SECTIONS

 

4-5  587.720  “Animal product” defined.  “Animal product”

4-6   includes dairy products, meat, wool, mohair and other livestock

4-7   products, poultry and poultry products, apiary products and

4-8   aquacultural products.

4-9  587.730  “Certifying agent” defined.  “Certifying agent”

4-10   means a person accredited by the Director or the Secretary of

4-11   Agriculture of the United States to certify a producer or handler for

4-12   the purposes of the Federal Act or NRS 587.700 to 587.850,

4-13   inclusive.

4-14      587.760  “Organic agricultural product” defined.  “Organic

4-15   agricultural product” means an animal or vegetable product

4-16   certified pursuant to the Federal Act or NRS 587.700 to 587.850,

4-17   inclusive.

4-18      587.770  “Processing” defined.  “Processing” means baking,

4-19   churning, cutting, dehydrating, drying, eviscerating, extracting,

4-20   fermenting, freezing, grinding, heating, mixing, preserving,

4-21   separating, or otherwise manufacturing and includes enclosing food

4-22   in a container.

4-23      587.790  “Vegetable product” defined.  “Vegetable product”

4-24   includes food, feed, seed, fibers and all other agricultural,

4-25   horticultural and viticultural products.

4-26      587.840  State Board of Agriculture to consider Federal Act

4-27   and regulations of other states when adopting regulations.  In

4-28   adopting regulations, the State Board of Agriculture shall consider

4-29   the requirements of the Federal Act and the regulations adopted by

4-30   neighboring states for the certification of organic agricultural

4-31   products, to facilitate the movement of such products among the

4-32   states and their marketability in each state.

4-33      587.850  Unlawful acts; penalties; deposit of money

4-34   collected as penalty; payment of attorney’s fees or costs of

4-35   investigation.

4-36      1.  The Director, after giving at least 20 days’ written notice and

4-37   the opportunity for a hearing, may impose, for a violation of this

4-38   section or of a regulation adopted pursuant to NRS 587.830, a civil

4-39   penalty of not more than:

4-40      (a) For the first violation, $200;

4-41      (b) For the second violation, $1,500; and

5-1  (c) For the third or subsequent violation, $3,000.

5-2  The Director shall deposit any money collected as a penalty with the

5-3   State Treasurer for credit to the State General Fund and may

5-4   present a claim to the State Board of Examiners for

5-5   recommendation to the Interim Finance Committee for an

5-6   allocation from the Contingency Fund if money is needed to pay

5-7   attorney’s fees or the cost of an investigation.

5-8  2.  A person shall not sell or offer for sale an agricultural

5-9   product with the representation that it is organic if he knows or has

5-10   reason to know that it has not been certified pursuant to the Federal

5-11   Act or NRS 587.700 to 587.850, inclusive.

5-12      3.  A person who violates the provisions of subsection 2 is

5-13   guilty of a misdemeanor.  As used in NRS 587.700 to 587.850,

5-14   inclusive, unless the context otherwise requires, the words and

5-15   terms defined in NRS 587.720 to 587.790, inclusive, have the

5-16   meanings ascribed to them in those sections.

 

5-17  H