Title 49

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 an…

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 nui…

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 555.1…

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 Depa…

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 Quaran…

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 ca…

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…

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 no…

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 we…

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 treas…

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 …

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 pro…

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 …

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 contro…

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 wee…

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 distr…

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 entirel…

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 th…

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 distric…

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. (…

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 t…

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 subsectio…

NRS 555.217 Change of boundaries: Petition; notice and hearing; resolution; ratification by board of county commissioners. 1. The boundaries of a weed control district may be changed in the manner prescribed in this section or in subsection 3 of NRS 308.080, but the change of bou…

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 …

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, …

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 appli…

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)

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, b…

NRS 555.23537 “Hold” defined. “Hold” means to have and maintain possession of nursery stock at a temporary or permanent location. (Added to NRS by 2003, 532)

NRS 555.2354 “Infested” defined. “Infested” means contaminated with a pest or so exposed to a pest that contamination can reasonably be expected to exist. (Added to NRS by 2003, 532)

NRS 555.23542 “Inspecting officer” defined. “Inspecting officer” means a person authorized by the Department to inspect nursery stock. (Added to NRS by 2003, 532)

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 nur…

NRS 555.2355 “License” defined. “License” means a license issued pursuant to NRS 555.235 to 555.249, inclusive, to a licensee to conduct business as a dealer of nursery stock. (Added to NRS by 2003, 533)

NRS 555.23551 “Licensee” defined. “Licensee” means a person licensed under the provisions of NRS 555.235 to 555.249, inclusive. (Added to NRS by 2003, 533)

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)

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 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 …

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…

NRS 555.23577 “Quarantine pest” defined. “Quarantine pest” means a pest listed by the State Quarantine Officer in a quarantine issued pursuant to chapter 554 of NRS. (Added to NRS by 2003, 533)

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)

NRS 555.236 License required to produce, hold, distribute, collect or sell nursery stock; exceptions; waivers. 1. Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock must ob…

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 lice…

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)

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 wi…

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 …

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)