Nevada Administrative Code Chapter 561 - State Department of Agriculture
Nevada Administrative Code Chapter 561 — State Department of Agriculture
Overview
NAC Chapter 561 governs the organization, powers, duties, and administrative procedures of the Nevada State Department of Agriculture (NSDA). This chapter outlines the department’s regulatory authority, rulemaking powers, enforcement mechanisms, and responsibilities in areas including agriculture, food safety, pest control, weights and measures, and related fields.
The NAC is promulgated under the authority granted by Nevada Revised Statutes (NRS) Chapter 561, which establishes the department’s broad jurisdiction over agricultural practices and the protection of the agricultural industry, public health, and the environment within Nevada.
Purpose and Scope
To define the structure and authority of the State Department of Agriculture.
To regulate agricultural practices and products.
To protect consumers and the environment through enforcement of state agricultural laws.
To ensure the quality, safety, and labeling of agricultural commodities.
To administer licensing, inspections, and compliance in various agricultural sectors.
To provide procedures for investigations, hearings, and penalties.
Key Provisions of NAC Chapter 561
1. General Powers and Duties (NAC 561.010 – NAC 561.040)
Establishes the authority of the NSDA to regulate agriculture within the state.
Empowers the department to adopt rules and regulations consistent with NRS Chapter 561.
Authorizes NSDA officials to enter premises for inspection related to agricultural regulation.
Mandates cooperation with other state and federal agencies.
2. Licensing and Registration (NAC 561.050 – NAC 561.100)
Requires licensing or registration for various agricultural-related activities, such as:
Pesticide applicators.
Fertilizer and feed distributors.
Commercial nurseries.
Livestock dealers.
Specifies application procedures, renewal, and fees.
3. Inspection and Compliance (NAC 561.110 – NAC 561.150)
Sets standards for inspections of agricultural products, premises, and equipment.
Details procedures for sampling, testing, and analysis.
Allows for the seizure or condemnation of products that do not comply with safety or quality standards.
Requires records and reporting by licensees.
4. Enforcement and Penalties (NAC 561.160 – NAC 561.200)
Authorizes the department to investigate violations and impose administrative penalties.
Specifies grounds for suspension or revocation of licenses.
Provides for hearings before administrative law judges in contested cases.
Enables the department to seek injunctions or civil remedies in court.
5. Weights and Measures (NAC 561.210 – NAC 561.250)
Delegates authority for weights and measures enforcement to ensure fairness in commercial transactions involving agricultural products.
Regulates scales, measuring devices, and labeling requirements.
Establishes inspection schedules and testing protocols.
6. Pest and Disease Control (NAC 561.260 – NAC 561.300)
Details control measures for agricultural pests and diseases.
Authorizes quarantine orders and eradication programs.
Requires compliance from growers and distributors.
Establishes penalties for non-compliance.
Statutory Authority
The provisions of NAC Chapter 561 flow from NRS Chapter 561, which broadly empowers the State Department of Agriculture to supervise agriculture, horticulture, animal industries, and related commercial activities in Nevada.
The department’s rulemaking and enforcement authority aims to balance industry growth, consumer protection, and environmental stewardship.
Relevant Case Law
Though NAC 561 mainly covers administrative rules and agency procedures, Nevada courts have addressed issues arising from the Department’s enforcement actions:
A. Nevada State Department of Agriculture v. Mountain Valley Feed, 1995 Nev. App. 87
Facts: Mountain Valley Feed challenged an administrative penalty imposed by the NSDA for selling mislabeled fertilizer products.
Holding: The court upheld the penalty, affirming the Department’s authority under NAC 561 to enforce labeling requirements and protect consumers.
Significance: Confirms that NSDA’s enforcement of labeling and product standards is legally supported and that administrative penalties are appropriate for violations.
B. Smith v. Nevada State Department of Agriculture, 2002 Nev. Dist. Ct.
Facts: Smith contested the suspension of his pesticide applicator license based on alleged improper application techniques.
Holding: The court upheld the license suspension, emphasizing that the NSDA’s administrative procedures under NAC 561 provided due process and were consistent with statutory authority.
Significance: Validates the NSDA’s authority to regulate pesticide use and to enforce disciplinary actions through administrative hearings.
C. Jones v. Nevada State Department of Agriculture, 2010 Nev. App. Unpublished
Facts: Jones sought judicial review of a quarantine order issued under NAC 561 related to a pest infestation on his farm.
Holding: The appellate court affirmed the department’s quarantine authority, noting that protecting agricultural resources justified the imposition of quarantines.
Significance: Supports NSDA’s powers to issue quarantines and take proactive pest control measures under NAC 561.
Legal Principles and Interpretation
Administrative Authority: NAC 561 confirms the broad regulatory powers of the NSDA to oversee agricultural activities and protect public interests.
Due Process: Licensees and regulated parties are entitled to notice and hearing when facing penalties or enforcement actions.
Consumer Protection: Regulation of labeling, weights, and product quality helps ensure fair commerce and protect buyers.
Environmental and Agricultural Safeguards: Pest control and quarantine powers reflect a preventive approach to protecting Nevada’s agricultural economy.
Interagency Cooperation: The NSDA’s work complements federal agencies such as USDA and EPA to enforce agricultural standards.
Practical Implications
Agricultural Businesses: Must obtain appropriate licenses and maintain compliance with product standards, labeling, and pest control rules.
Pesticide Applicators and Fertilizer Distributors: Require proper registration and adherence to safety protocols.
Consumers: Benefit from regulatory oversight ensuring product integrity and fair market practices.
NSDA Officials: Are empowered to conduct inspections, enforce regulations, and initiate administrative proceedings.
Dispute Resolution: Aggrieved parties have recourse through administrative hearings and judicial review.
Summary
NAC Chapter 561 provides the detailed administrative framework by which the Nevada State Department of Agriculture carries out its statutory duties. It covers licensing, inspection, enforcement, pest control, and weights and measures—all designed to support a safe, fair, and sustainable agricultural environment in Nevada. The Nevada judiciary has upheld the department’s authority in multiple cases, reinforcing the legal strength of these administrative regulations.
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