reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.010 - Director: Authorization to investigate and control pests, plant diseases and disorders, and noxious weeds; establishment of program to certify agricultural products as being free from noxious weeds and propagative parts.

Within the limits of any appropriation made by law:
1. The Director may:
(a) Investigate the prevalence of; and
(b) Take the necessary action to control,
vertebrate and invertebrate pests of plants and animals, plant diseases, physiological plant disorders and noxious weeds for the protection of the crops, livestock, public health, wildlife, water quality and beneficial uses of land in the State of Nevada.
2. The Director may, by regulation, establish and administer a program to certify agricultural products as being free from noxious weeds and any propagative parts to support the control and prevention of the spread of noxious weeds in this State and to allow businesses in this State to market those products in compliance with the guidelines set forth by the North American Invasive Species Management Association, any applicable federal law or regulation or any other requirement specified by the Director.
[1:53:1941; 1931 NCL § 373.01] + [1:108:1943] + [1:179:1945] + [1:217:1947; 1943 NCL § 373.04]—(NRS A 1959, 245; 1961, 521; 1967, 316; 1975, 555; 1993, 1709; 1997, 479; 1999, 3640; 2015, 3586; 2021, 151)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.021 - Director: Cooperation for suppression of vertebrate pests.

The Director may cooperate, financially or otherwise, with any federal agency or Department, any other state agency or department, any county, city, public district or political subdivision of this State, any public or private corporation, and any natural person or group of natural persons in suppressing vertebrate pests injurious to the state agricultural interests and in suppressing vertebrate pest vectors of diseases transmissible and injurious to humans.
(Added to NRS by 1975, 555; A 1993, 1710; 1999, 3640)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.035 - Account for the Control of Weeds; creation; use of money in Account; acceptance of gifts and grants.

1. There is hereby created in the State General Fund the Account for the Control of Weeds to be administered by the Director. Money in the Account must be used for the abatement of weeds. The Director may adopt regulations for the administration of the Account.
2. The Account is a continuing account without reversion to the State General Fund. The money in the Account must be invested as the money in other state funds or accounts is invested. The interest and income earned on the money in the Account, after deducting any appropriate charges, must be credited to the Account. All claims against the Account must be paid as other claims against the State are paid.
3. The Director may accept gifts, grants and donations from any source for deposit in the Account.
(Added to NRS by 2005, 2452)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.100 - Department to conduct inspections; notice to control pest, noxious weed or plant disease.

1. The Department shall, if necessary or if a complaint is made to the Department, cause an inspection to be conducted of any premises, land, means of conveyance or article of any person in this State if it is found to be infested with any pest, noxious weed or plant disease 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.
2. The Department may provide a written notice of its findings to the owner or occupant of the premises, land, means of conveyance or article and require the owner or occupant to control the pest, noxious weed or plant disease in the manner and within the period specified in the notice.
3. A notice issued pursuant to the provisions of subsection 2:
(a) May be served upon the owner or occupant by an officer or employee of the Department; and
(b) Must be served in writing, by certified mail, by electronic mail or personally, with receipt given therefor.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A 1961, 522; 1993, 1710; 1999, 3640; 2001, 699; 2003, 533; 2015, 3586; 2021, 151)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.110 - Premises infested with pest, noxious weed or plant disease declared to be public nuisance; abatement by Department.

1. Any premises found to be infested with any pest, noxious weed or plant disease is hereby adjudged and declared to be a public nuisance. If such a nuisance exists at any place within the jurisdiction of the Department and the owner or occupant of the premises, after notification, refuses or neglects to abate the nuisance within the period specified, the Department shall cause the nuisance to be abated at once by controlling pests, noxious weeds or plant diseases in a manner to be determined by the Department.
2. The expense thereof must be paid from any money made available to the Department by direct legislative appropriation or otherwise.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A 1961, 522; 1993, 1710; 1999, 3641; 2003, 534; 2015, 3586)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.120 - Expenses for abatement of nuisance become lien against property; notice of lien; action to foreclose lien; sales.

1. All sums paid by the Department constitute a lien on the property and premises from which the nuisance has been removed or abated pursuant to NRS 555.100 and 555.110, and may be recovered by an action against that property and premises.
2. A notice of lien must be filed and recorded in the office of the county recorder of the county in which the property and premises are situated within 30 days after the right to liens has accrued.
3. An action to foreclose a lien may be commenced at any time within 1 year after the filing and recording of the notice of lien, which action must be brought in the proper court by the district attorney of the county in the name and for the benefit of the Department.
4. If the property is sold, enough of the proceeds must be paid to the Department to satisfy the lien and costs, and the balance remaining, if any, must be paid to the owner of the property if the owner is known, and if not, into the court for the owner’s use when ascertained. All sales under the provisions of this section and NRS 555.100 and 555.110 must be made in the same manner and upon the same notice as sales of real property under execution from a justice court.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A 1961, 523; 1993, 1710; 1999, 3641; 2015, 3587)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.125 - Regulation of host plants in infested areas: Hearing; notice; order; enforcement; civil penalty.

1. If it appears that an area has or is likely to become infested with a pest which cannot be practically controlled except by the means provided in this section, the Department shall hold a public hearing to determine the necessity of declaring a time during which or an area in which plants capable of acting as hosts for the pest may not be planted, grown, cultivated, maintained or allowed to exist.
2. Notice of the hearing must be given to all growers of the host plants within the area and must specify:
(a) The time and place of the hearing.
(b) The host plant.
(c) The pest.
(d) The purpose of the hearing.
3. If, after the hearing, the Department determines that the pest cannot otherwise be practically controlled, the Department shall issue an order prescribing a time during which or an area in which the host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which the host plants exist to control the plants.
4. If the owner or occupant neglects or refuses to control the plants, the Department may do so in the manner prescribed by NRS 555.110.
5. Any person violating such an order is subject to a civil penalty pursuant to NRS 555.201.
(Added to NRS by 1967, 418; A 1993, 1711; 1999, 3641; 2015, 3587)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.130 - Declaration of noxious weeds; temporary designation; limitations.

1. Except as otherwise provided in subsection 2, the State Quarantine Officer may declare by regulation the weeds of the state that are noxious weeds.
2. After holding a public meeting, the State Quarantine Officer may temporarily designate a weed as a noxious weed if he or she determines that immediate control of the weed is necessary. A temporary designation expires 18 months after the State Quarantine Officer makes the designation.
3. The State Quarantine Officer may limit a declaration made pursuant to subsection 1 or a temporary designation made pursuant to subsection 2 to a specific geographic area or to specific geographic areas in this State. Before the State Quarantine Officer makes a temporary designation pursuant to subsection 2 that is limited to a specific geographic area or to specific geographic areas pursuant to this subsection, the State Quarantine Officer shall consult with each applicable state agency or department or governing body of a local government which has jurisdiction over any public right-of-way in the specific geographic area or areas.
[Part 1:174:1929; NCL § 414]—(NRS A 1997, 479; 2015, 3588; 2021, 1368)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.140 - General powers and duties of State Quarantine Officer; use of funds received for purpose of control of noxious weeds.

1. The State Quarantine Officer shall carry out and enforce the provisions of NRS 555.130 to 555.220, inclusive.
2. To secure information better to carry out the provisions of NRS 555.130 to 555.220, inclusive, the State Quarantine Officer may conduct reasonably limited trials of various methods of controlling noxious or potentially noxious weeds under practical Nevada conditions.
3. The State Quarantine Officer may provide supervision and technical advice in connection with any project approved by him or her for the control of any noxious weed or weeds in this State.
4. All funds appropriated for, or received incident to, the control of any noxious weeds must be available for carrying out the provisions of NRS 555.130 to 555.220, inclusive.
[2:174:1929; A 1941, 377; 1931 NCL § 415]—(NRS A 1961, 523; 1997, 479; 2015, 3588)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.150 - Control of noxious weeds by owner or occupant of land.

Every railroad, canal, ditch or water company, and every person owning, controlling or occupying lands in this State, and every county, incorporated city or district having the supervision and control over streets, alleys, lanes, rights-of-way, or other lands, shall control all weeds declared and designated as noxious as provided in NRS 555.130 in any manner specified by and whenever required by the State Quarantine Officer.
[Part 1:174:1929; NCL § 414]—(NRS A 1961, 524; 1987, 1728; 1997, 480; 2015, 3588)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.160 - State Quarantine Officer to investigate noxious weeds; notice to owner or occupant of land where noxious weeds are found.

1. The State Quarantine Officer shall make or cause to be made a careful examination and investigation of the spread, development and growth of noxious weeds in this State. Upon the discovery of those weeds, the State Quarantine Officer shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found. The State Quarantine Officer may serve notice in writing upon the owner or occupant of the land to control the weeds within such time and in such manner as designated and described in the notice. One such notice shall be deemed sufficient for the entire season of weed growth during that year.
2. Notices may be served upon the owner or occupant by an officer or employee of the Department, and must be served in writing, personally or by certified mail or electronic mail, with receipt given therefor.
[3:174:1929; NCL § 416]—(NRS A 1961, 524; 1993, 1711; 1997, 480; 1999, 3642; 2015, 3588; 2021, 152)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.170 - Neglect of owner or occupant to control weeds after notice; action by county commissioners; payment of costs by county.

1. If any owner or occupant of the lands described in the notice served, as provided in NRS 555.160, shall fail, neglect or refuse to control the weeds designated, upon the land described, in accordance with the requirements of the notice, the State Quarantine Officer may notify the board of county commissioners of the county or counties in which the land is located of such failure, neglect or refusal.
2. Upon notice as provided in subsection 1, the board of county commissioners concerned shall proceed to control the weeds in question in accordance with the requirements of the notice served upon the owner or occupant of the land in question, paying for such control out of county funds.
3. Upon the completion of the work of controlling the weeds, the board of county commissioners shall prepare in triplicate itemized statements of all expenses incurred in controlling the weeds involved, and shall deliver the three copies of the statements to the county treasurer within 10 days of the date of the completion of the work involved.
[4:174:1929; NCL § 417]—(NRS A 1961, 524; 2015, 3588)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.180 - County treasurer to mail itemized statement of costs to control weeds to owner or occupant; objections and hearing; costs constitute lien on land.

1. Upon receipt of the itemized statements of the cost of controlling the weeds pursuant to NRS 555.170, the county treasurer shall forthwith mail one copy to the owner or occupant of the land on which the weeds were controlled, together with a statement that objections may be made to the whole or any part of the statement so filed to the board of county commissioners within 30 days. A hearing may be had upon any objections made.
2. If any objections to any statement are filed with the board of county commissioners, the board shall set a date for a hearing, giving due notice thereof, and upon the hearing fix and determine the actual cost of controlling the weeds and report its findings to the county treasurer.
3. If no objections to the items of the accounts so filed are made within 30 days after the date of mailing the itemized statement, the county treasurer shall enter the amount of such statement upon his or her tax roll in a column prepared for that purpose; and within 10 days after the date of the action of the board of county commissioners upon objections filed, the county treasurer shall enter the amount found by the board of county commissioners as the actual cost of controlling the weeds in the prepared column upon the tax roll.
4. If current tax notices have been mailed, the costs may be carried over on the rolls to the year following. The costs incurred shall be a lien upon the land from which the weeds were controlled, and shall be collected as provided by law for the collection of other liens.
[5:174:1929; NCL § 418]—(NRS A 1961, 525; 2015, 3589)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.190 - Incorporated city to pay county for any expense incurred by county to control noxious weeds within city.

Any expense incurred by any county in controlling noxious weeds from any street, lane, alley or other property owned or controlled by an incorporated city in that city, in accordance with the provisions of NRS 555.170, must be repaid to the county from the general fund of the incorporated city, upon presentation to the governing body of the incorporated city of an itemized statement of the expense so incurred.
[6:174:1929; NCL § 419]—(NRS A 1987, 1728; 1997, 480; 2015, 3589)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.200 - Control of noxious weeds from public domain; reimbursement by Federal Government.

1. Whenever a noxious weed is found growing upon the public domain or any other lands in this State owned by the Federal Government, the State Quarantine Officer may serve notice, as provided in NRS 555.160, upon the person within the county or this State who is in charge of the activities of the federal agency having control or jurisdiction of the land.
2. If the agency described in the notice fails or refuses to comply with the notice, the State Quarantine Officer may provide for the control of the weeds in any manner permitted by federal law. The State Quarantine Officer or the political subdivision shall seek reimbursement from the Federal Government for any expense incurred by the State or the political subdivision pursuant to this section.
[7:174:1929; NCL § 420]—(NRS A 1961, 525; 1979, 292; 1997, 480; 2015, 3589)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.201 - Civil penalty.

Any person violating any of the provisions of NRS 555.130 to 555.200, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.130 to 555.200, inclusive, is subject to a civil penalty not to exceed:
1. For the first violation, $250.
2. For a second violation, $500.
3. For each subsequent violation, $1,000.
[Part 9:174:1929; NCL § 422]—(NRS A 1969, 518; 2015, 3590)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.202 - Legislative declaration.

The Legislature declares that it is primarily the responsibility of each owner or occupier of land in this State to control weeds on his or her own land, but finds that in certain areas this responsibility can best be discharged through control by organized districts.
(Added to NRS by 1969, 516)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.203 - Creation of district: Initiation by board of county commissioners or petition; hearing; exclusion of land; addition of power to control noxious weeds.

1. The board of county commissioners of any county may, in accordance with chapter 308 of NRS, create one or more weed control districts in that portion of the county which lies outside any incorporated city. Creation of such a district may be initiated by the board of county commissioners or by a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by an owner of land within the proposed weed control district.
2. Lands proposed for inclusion in a weed control district need not be contiguous.
3. Before creating a weed control district, the board of county commissioners shall:
(a) Hold at least one public hearing pursuant to NRS 308.070. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on that land do not render substantially more difficult the control of weeds on other lands in the proposed district.
(b) Provide for the hearing of protests against the establishment of the district in the manner set forth in NRS 318.065 and 318.070.
4. The board of trustees of a general improvement district may, in accordance with NRS 318.077, add to the basic powers of the district the control of noxious weeds.
(Added to NRS by 1969, 516; A 1981, 1641; 1987, 1728; 1997, 481; 2015, 3590)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.205 - Board of directors: Appointment; number; qualifications; terms; vacancies.

Except as otherwise provided in NRS 555.206:
1. The board of county commissioners of any county in which a weed control district has been created shall appoint a board of directors of the district composed of three or five persons who:
(a) Are landowners in the district, whether or not they signed the petition for its creation. For the purpose of this paragraph, if any corporation or partnership owns land in the district, a partner or a director, officer or beneficial owner of 10 percent or more of the stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of the district.
2. If the district includes lands situated in more than one county, the board of county commissioners shall appoint at least one member of the board of directors from each county in which one-third or more of the lands are situated.
3. The initial appointments to the board of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent appointment shall be for a term of 3 years. Any vacancy shall be filled by appointment for the unexpired term.
4. In addition to other causes provided by law, a vacancy is created on the board if any director:
(a) Ceases to be a landowner in the district.
(b) Is absent, unless excused, from three meetings of the board.
5. If, as a result of a change in the boundaries of the district, a county becomes entitled to a new member of the board of directors pursuant to subsection 2, the board of county commissioners shall make the new appointment upon the first expiration of the term of a current member thereafter.
(Added to NRS by 1969, 517; A 1981, 1642; 2005, 935; 2015, 1987)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.206 - Board of directors: Alternative membership if district includes conservation district; agreement for supervisors of conservation district to serve ex officio; termination of agreement; expenditure of money.

1. If the area included in a weed control district is entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the board of county commissioners of the county and the supervisors of the conservation district may enter into an agreement for the supervisors of the conservation district to serve, ex officio, as the board of directors of the weed control district. If, as a result of a change in boundaries, the area included in a weed control district is no longer entirely within the boundaries of one county and entirely within the boundaries of one conservation district organized pursuant to chapter 548 of NRS, the supervisors of the conservation district may no longer serve, ex officio, as the board of directors of the weed control district, and the supervisors of the weed control district must be appointed pursuant to NRS 555.205.
2. An agreement entered into pursuant to subsection 1 may be terminated by mutual agreement of the board of county commissioners and the supervisors of the conservation district. If an agreement is terminated pursuant to this section, the board of directors of the weed control district must be appointed pursuant to NRS 555.205.
3. The supervisors of a conservation district serving ex officio as the board of directors of a weed control district pursuant to this section shall ensure that any money collected by the weed control district pursuant to an assessment levied pursuant to NRS 555.215, and any other money appropriated or granted to the weed control district from any source, is expended only for the purposes of NRS 555.202 to 555.220, inclusive.
(Added to NRS by 2015, 1986)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.207 - Board of directors: Powers.

The board of directors of a weed control district may:
1. With the approval of the State Quarantine Officer, appoint a weed control officer.
2. Receive and expend any moneys provided by assessment, voluntary contribution or otherwise for the control of weeds in the district.
3. Exercise any other power necessary or proper to effectuate the purposes for which the district exists.
4. Elect a chair from among its members, and secretary who may or may not be a member.
(Added to NRS by 1969, 517)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.208 - Review of action of board of county commissioners or board of directors by State Board of Agriculture; notice and hearing; judicial review; authorization for landowner to seek removal of member of board of directors.

1. The board of directors of a weed control district or the board of county commissioners of any county having lands situated in a weed control district or proposed for inclusion in such a district may request that the State Board of Agriculture review any action taken by the board of county commissioners of a county, or the board of directors of the district, in connection with the creation of the district or a change in the boundaries of the district.
2. Upon receiving such a request the State Board of Agriculture shall, after notice and opportunity for a hearing, affirm or reverse the action. The decision of the State Board of Agriculture is a final decision for purposes of judicial review.
3. This section does not limit the right of any landowner to seek judicial review of actions taken by a board of directors or a board of county commissioners in connection with the creation of a district or a change in the boundaries of a district.
4. A landowner may seek the removal of a member of the board of directors of that district for cause. A decision of the State Board of Agriculture made pursuant to this subsection is a final decision for the purpose of judicial review.
(Added to NRS by 1981, 1641; A 2015, 3590)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.209 - Regulations.

1. The board of directors shall prepare regulations for the weed control district, which shall include but are not limited to:
(a) The species of weeds to be controlled in the district.
(b) The means of direct control by spray, cultivation or otherwise.
(c) The means of indirect control, including the movement from, to and within the district of agricultural machinery, agricultural products, livestock and other vectors capable of spreading the weeds designated for control.
2. One copy of the proposed regulations must be delivered to the State Quarantine Officer, and at least two copies made available for public inspection in the office of the district secretary or the county clerk, as the board may by resolution prescribe.
3. The State Quarantine Officer shall then hold a public hearing in the county in which is located the larger or largest proportion of the area of the district, to consider the proposed regulations, of which the State Quarantine Officer shall give notice by publication, in a newspaper of general circulation in each county having lands situated in the district, of at least one notice published not less than 10 days before the hearing. At this hearing, the State Quarantine Officer shall entertain written suggestions for the modification of the regulations.
4. After the hearing, and any additional time which the State Quarantine Officer may allow for the submission of additional facts or proposals, the State Quarantine Officer shall approve, modify or disapprove the proposed regulations. If the board of directors of the district does not concur in the action of the State Quarantine Officer, the State Board of Agriculture shall establish the regulations.
(Added to NRS by 1969, 517; A 1981, 1643)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.210 - Performance of necessary work by weed control officer on failure by landowner; charges as lien.

If any landowner fails to carry out a plan of weed control for his or her land in compliance with the regulations of the district, the weed control officer may enter upon the land affected, perform any work necessary to carry out the plan, and charge such work against the landowner. Any such charge, until paid, is a lien against the land affected coequal with a lien for unpaid general taxes, and may be enforced in the same manner.
[2.5:174:1929; added 1949, 560; 1943 NCL § 415.01]—(NRS A 1969, 518)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.215 - Assessments of real property in district; medium-term obligations; reconsideration of levy of assessment after creation of district; hearing to consider exclusions of land from district required under certain circumstances.

1. Except as otherwise provided in subsection 5, upon the preparation and approval of a budget in the manner required by the Local Government Budget and Finance Act, the board of county commissioners of each county having lands situated in the district may, by resolution, levy an assessment upon all real property in the county which is in the weed control district.
2. Every assessment so levied is a lien against the property assessed.
3. Amounts collected in counties other than the county having the larger or largest proportion of the area of the district must be paid over to the board of county commissioners of that county for the use of the district.
4. The board of county commissioners of that county may obtain medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive, of an amount of money not to exceed the total amount of the assessment, if any, to pay the expenses of controlling the weeds in the weed control district. The loans may be made only after the assessments, if any, are levied.
5. If a weed control district is created pursuant to NRS 555.203 on the basis that the board of county commissioners creating the weed control district will not exercise its discretion to levy an assessment against real property pursuant to this section and if, after the weed control district is created, the board of county commissioners decides to levy such an assessment, the board of county commissioners shall, before levying the assessment, hold at least one public hearing to entertain applications for the exclusion of lands from the weed control district pursuant to paragraph (a) of subsection 3 of NRS 555.203.
(Added to NRS by 1959, 391; A 1969, 518; 1981, 1643; 1995, 1829; 1999, 278; 2001, 1827, 2336; 2003, 162; 2009, 770)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.220 - Civil penalty.

Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS 555.202 to 555.210, inclusive, is subject to a civil penalty not to exceed:
1. For the first violation, $250.
2. For a second violation, $500.
3. For each subsequent violation, $1,000.
[Part 9:174:1929; NCL § 422]—(NRS A 1969, 518; 2015, 1988, 3591)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.235 - Definitions.

As used in NRS 555.235 to 555.249, inclusive, unless the context otherwise requires, the words and terms defined in NRS 555.23515 to 555.2358, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1959, 563; A 1961, 526; 1973, 284; 1975, 556; 1985, 525; 1993, 1711; 1999, 708, 3642, 3740; 2003, 534)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23515 - "Broker" defined.

"Broker" means any person who acts as an agent for another person in negotiating the purchase or sale of nursery stock but who does not handle either the nursery stock which is involved in the purchase or sale, or the proceeds of the sale, if applicable.
(Added to NRS by 2003, 532)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23523 - "Dangerously injurious plant pest" defined.

"Dangerously injurious plant pest" means a plant pest that constitutes a significant threat to the public or to the agricultural, forestry or horticultural industry of this State.
(Added to NRS by 2003, 532)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23525 - "Dealer of nursery stock" defined.

"Dealer of nursery stock" means a person who produces, holds, distributes, collects or sells nursery stock, including, without limitation, a retail business, wholesale grower, landscape contractor, landscape maintenance business, broker and peddler.
(Added to NRS by 2003, 532)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23544 - "Inspection certificate" defined.

"Inspection certificate" means a document which is issued by an inspecting officer or an appropriate state officer who is authorized to inspect nursery stock and which affirms, declares or verifies that the nursery stock, or the nursery or premises from which the nursery stock originated, has been inspected and found to be free from plant pests and symptoms of diseases.
(Added to NRS by 2003, 532)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.2356 - "Nursery" defined.

"Nursery" means any location:
1. Where nursery stock is grown, propagated, held, stored or sold; or
2. From which nursery stock is distributed directly to a customer.
(Added to NRS by 2003, 533)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23562 - "Nursery stock" defined.

"Nursery stock" means a plant for planting, propagation or ornamentation, and includes, without limitation, parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
(Added to NRS by 2003, 533)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.2357 - "Peddler" defined.

"Peddler" means any person who sells, solicits or offers for sale nursery stock to a customer but who does not have a nursery located in this State. The term does not include owners or employees of nurseries licensed by another state who wholesale nursery stock to retail owners or employees of nurseries located in this State or owners or employees of nurseries who sell nursery stock directly to the public by catalog.
(Added to NRS by 2003, 533)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.23575 - "Phytosanitary certificate" defined.

"Phytosanitary certificate" means a certificate from an authorized state plant regulatory officer that certifies, affirms, declares or verifies that an article, nursery stock, plant product, shipment or other officially regulated item meets federal or state quarantine requirements, as appropriate, including, without limitation, that the item is free of dangerously injurious pests or quarantine pests, or that the item has been treated in the manner set forth in the rules and regulations prescribed by the applicable quarantine. The term includes a federal phytosanitary certificate, a state phytosanitary certificate and a certificate of quarantine compliance.
(Added to NRS by 2003, 533)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.2358 - "Sell" defined.

"Sell" means exchange, offer for sale, expose for sale, have in possession for sale, arrange the sale of, solicit for sale, display or advertise for sale, consign, accept on consignment, or broker the purchase or sale.
(Added to NRS by 2003, 533)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.237 - Application for license; transfer of license prohibited; display of license.

1. Any person applying for a license must do so on the application form and in the manner prescribed by the Director.
2. Except as otherwise provided in NRS 555.236, an application for a license must be accompanied by the fee established pursuant to NRS 555.238 and by evidence of the good faith and character of the applicant.
3. A license is not transferable. If a licensee changes its business name or the ownership of the licensee changes, the licensee must obtain a new license. A licensee shall not engage in the business of a dealer of nursery stock until a new license is issued.
4. A licensee shall prominently display his or her license at the licensee’s business location.
(Added to NRS by 1959, 564; A 1961, 527; 1993, 1713; 1999, 3643; 2003, 536)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.238 - Schedule of annual fees for licenses.

The State Board of Agriculture may establish by regulation a schedule of annual fees for licenses.
(Added to NRS by 1959, 564; A 1961, 527; 1983, 1101; 1999, 710, 3598; 2003, 536)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.239 - Renewal of license; fee.

1. Except as otherwise provided in this section and NRS 555.237, a license expires on June 30 of each year. A licensee must apply for the renewal of his or her nursery license annually on or before July 1. It is unlawful to conduct business without a current license.
2. The fee for the renewal of a license is ascertained in accordance with the schedule of fees established pursuant to NRS 555.238.
3. Any license may be renewed after July 1 upon payment of a penalty fee established by regulation of the State Board of Agriculture. Such a penalty fee must not exceed $200.
(Added to NRS by 1959, 565; A 1983, 1101; 2003, 536)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.241 - Revocation or suspension of or refusal to issue or renew license; notice and hearing.

The Director may refuse to issue or renew, or may suspend or revoke, a license for violation of any provision of NRS 555.235 to 555.249, inclusive, or any rule or regulation adopted under NRS 555.243, but no license may be refused, suspended or revoked pursuant to this section until the applicant or licensee has been given the opportunity to appear at a hearing. Offenders must be given 15 days’ notice in writing. The notice must indicate the offense and the place of hearing.
(Added to NRS by 1959, 565; A 1961, 527; 1993, 1713; 1999, 3644; 2003, 537)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.242 - Terminal inspection of nursery stock.

The Director may order any nursery stock to be held for terminal inspection.
(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.243 - Regulations; standards.

The Director may adopt such regulations as the Director may deem necessary to:
1. Carry out the intent of NRS 555.235 to 555.249, inclusive.
2. Establish sanitary standards relating to pest conditions of nurseries.
3. Establish mandatory and permissive grades for nursery stock. When mandatory grades are established for nursery stock, all nursery stock sold or offered for sale must be graded and labeled in accordance with those standards.
4. Establish standards relating to conditions that interfere with the proper development of nursery stock after planting.
(Added to NRS by 1959, 565; A 1961, 528; 1981, 89; 1993, 1713; 1999, 3644)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.244 - Inspection of businesses, invoices and applicable certificates.

1. The Director or any inspecting officer may enter any business during regular business hours to ascertain compliance with NRS 555.235 to 555.249, inclusive, and any regulations adopted pursuant thereto.
2. Invoices and applicable inspection certificates, quarantine certificates and phytosanitary certificates must be made available to the Director or inspecting officer upon request.
(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644; 2003, 537)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.245 - Certification of pest conditions or quality of nursery stock for shipment; fees.

1. Any person may request the Director to certify to pest conditions, quality, viability or grade of nursery stock intended for shipment to comply with the requirements for plant pests established by any state, territory or foreign country or by contract.
2. The Director may establish a schedule of reasonable fees for those requests for certification.
(Added to NRS by 1959, 565; A 1961, 528; 1973, 285; 1993, 1714; 1999, 3644)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.246 - Certificates required for shipments of nursery stock; carrier prohibited from delivering nursery stock without appropriate certificate; exemption.

1. Except as otherwise provided in this section, nursery stock that is shipped from other states to points within this State and all nursery stock shipped intrastate must be accompanied by an inspection certificate which:
(a) Is dated within a reasonable time before shipment;
(b) Is issued by an authorized state plant regulatory officer; and
(c) Affirms, declares or verifies that the nursery stock, nursery or premises from which the nursery stock originated has been inspected and found free of dangerously injurious plant pests, pests and disease symptoms.
2. Except as otherwise provided in this section, nursery stock that is shipped from other states to points within this State, and nursery stock that is shipped intrastate, for which a quarantine has been issued pursuant to chapter 554 of NRS or to which a federal quarantine applies, must be accompanied by a phytosanitary certificate.
3. Except as otherwise provided in this section, a corporation, company or natural person engaged in the transportation of freight or express shall not make delivery of any nursery stock in this State without the inspection certificate or phytosanitary certificate, as appropriate, required by subsections 1 and 2.
4. A shipment of nursery stock which is in the possession of an in-state dealer of nursery stock licensed with the Department and which is being delivered to an in-state customer need not be accompanied by the inspection certificate or phytosanitary certificate, as appropriate, required by subsections 1 and 2, except that the dealer of nursery stock must provide such documents to the Department upon request.
(Added to NRS by 1959, 566; A 1961, 528; 1999, 710; 2003, 537)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.247 - Labeling of containers of nursery stock; bulk shipments.

1. All nursery stock shipped from other states to points within this State and all nursery stock shipped intrastate must bear a label on or attached to:
(a) The outside of the container in which the nursery stock was packed for shipment that indicates the name and address of the consignee and consignor and contains a statement describing plainly and legibly the correct botanical or commonly accepted name, or both, for each kind of nursery stock in the container.
(b) Each individual piece of one kind and variety of nursery stock or subcontainer or lot containing one kind and variety of nursery stock in each container, that contains a legible statement of the correct botanical or commonly accepted name, or both, of the nursery stock.
2. Except as otherwise provided in subsection 4 of NRS 555.246, bulk shipments of nursery stock not packed in containers must:
(a) Be accompanied by the appropriate certificate required pursuant to NRS 555.246.
(b) Be accompanied by a manifest which must:
(1) State the name and address of the consignor and consignee; and
(2) List and describe plainly and legibly the correct botanical or commonly accepted name, or both, for each kind of nursery stock in the bulk shipment.
(c) Be labeled in accordance with the requirements of subsection 1.
(Added to NRS by 1959, 566; A 1999, 711; 2003, 538)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.248 - Infected or infested nursery stock: Shipment from State; destruction; treatment.

Any nursery stock brought into this State which the Director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest must be destroyed immediately, at the expense of the owner or bailee, under the supervision of the Director or the inspecting officer, unless:
1. The nature of the pest is such that no detriment can be caused to the public, the nursery, agricultural, forestry or horticultural industry in this State or the general environmental quality of this State by shipping the nursery stock out of this State. In that case, the Director or inspecting officer:
(a) May affix a warning tag or notice to the nursery stock.
(b) Shall notify the owner or bailee to ship the nursery stock out of this State within 48 hours.
(c) Shall keep the nursery stock under the Director or inspecting officer’s control at the expense of the owner or bailee.
(d) Shall destroy the nursery stock at the expiration of 48 hours if the owner or bailee has not shipped the nursery stock out of this State.
2. The Director determines that the pest can be exterminated by a treatment prescribed by the Director with the result that no detriment will be caused to the public, the nursery, agricultural, forestry or horticultural industry in this State or the general environmental quality of this State. In that case, nursery stock will be released if the nursery stock is:
(a) Treated in the manner prescribed by the Director;
(b) Treated within the time specified by the Director or inspecting officer;
(c) Treated under the supervision of the inspecting officer; and
(d) Found to be free from pests.
(Added to NRS by 1959, 566; A 1961, 529; 1993, 1714; 1999, 712, 3644, 3742)
2023 Nevada Revised Statutes › Chapter 555 - Control of Insects, Pests and Noxious Weeds › NRS 555.2485 - Enforcement by Director: Administrative fine; order to correct violation; request for action by district attorney; regulations.

1. The Director shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the Director may impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
All fines collected by the Director pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.
2. The Director may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation. The violator shall pay the cost of any appropriate action so ordered.
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person who the Director suspects may have committed flagrant or repeated violations of any provision of NRS 555.235 to 555.249, inclusive.
(Added to NRS by 1997, 82; A 1999, 3645; 2003, 538)