NEVADA WEED FREE FORAGE INSPECTION AND CERTIFICATION PROCEDURES

DEFINITION OF TERMS:

DEFINITION OF TERMS:

1. "Weed free" means to be free from propagative plant parts and free from weed seed from plants set forth on the Nevada and North America Weed Management Association (NAWMA) lists (see Appendix A and B, respectively).
2. "Propagative plant parts" are any part of a plant capable of reproducing themselves, including live roots, rhizomes, and/or stolons present in the forage to be harvested.
3. "Weed seed" includes the bud stage of broadleaf plants and the boot stage of grasses.
4. "Weeds" are those weeds set forth in the state and NAWMA lists (see Appendices A and B, respectively).
5. "Treated" means utilizing treatment methods to prevent weed seed formation including, but not limited to, burning, mowing, rouging, mechanical methods, or chemically treating.
6. "Forage" includes hay, straw or mulch.
7. "Department" is the Plant Industry Division, Nevada Department of Agriculture.
8. "Producer" is the grower and/or seller of the forage.
9. "Cubes" means certified weed free forage that has been processed into cube form. Cubes, as that term is used herein, are derived solely from hay and not from other feed crops.
10. "Pellets" means certified weed free forage that has been processed into pellet form. Pellets, as that term is used herein, are derived solely from hay and not from other feed crops. (Pellets produced by a heat treatment of at least 140° F are considered weed free.)

PROCEDURES FOR CERTIFICATION OF WEED FREE CROPS

PROCEDURES FOR CERTIFICATION OF WEED FREE CROPS

1. A request for certification of a forage crop shall be made to the Department. The request may be made online, by phone or in writing.
2. An inspection request form shall be received by the Department no less than two (2) weeks prior to the date of each cutting.
3. The Department shall arrange for an inspector.
4. The inspection shall be conducted no more than ten (10) days prior to harvest.
5. The forage crop shall be inspected in the field(s) of origin; no stack inspections will be conducted. The field inspection will include the surrounding ditches, fencerows, roads, easements, rights of way, or buffer zones surrounding the field.
6. Forage which contains weed(s) on the Nevada or regional list may be certified if the following requirements are met:
   1. The field upon which the forage was produced has been treated to prevent seed formation prior to bud stage or boot stage to the degree that there is no danger of dissemination of the seed or any injurious portion thereof from such weeds; and
   2. Propagative plant parts of the weeds are not present in the forage to be harvested.
7. A certificate of inspection shall be completed. The certificate shall document whether the requirements stated immediately above have been met based upon a reasonable and prudent visual inspection.

INSPECTION PROCEDURES

INSPECTION PROCEDURES

1. There shall be a minimum of two entry points per field.
2. There shall be a minimum of one entry point per each ten (10) acres.
3. Each point of entry shall be at least 150 feet into the field, and each additional 150 feet traveled shall constitute an entry point. Travel shall be uninterrupted, proceeding through the field being inspected.
4. The entire field border shall be walked or driven.
5. Fields shall be inspected within ten (10) days prior to harvest.
6. An inspector may not inspect fields of which said inspector has ownership or financial interest.

PROCEDURES FOR TRACKING AND IDENTIFYING CERTIFIED FORAGE

PROCEDURES FOR TRACKING AND IDENTIFYING CERTIFIED FORAGE

(Nevada will use colored twine to denote certified hay bales. A special bi-color twine shall be used on at least one wrap on bales.)

Bags of pellets or cubes shall be denoted by special tags sewn into the bags.

1. The producer shall inform the inspector of the bale count and estimated total weight of the forage harvested from each inspected field.
2. As forage is sold, the producer shall record on an inventory sheet for each cutting when the sale occurred, whom the product was sold to, and what quantities were sold. When the inventory sheets are completed, or at least annually, the original documents shall be sent to the Department.
3. If requested by the purchaser or the producer, or if the forage is destined to be processed into cubes or pellets, a transit document shall accompany all inspected forage offered for sale or sold. The transit document shall contain the inspection certificate number, the producer’s name, and the quantity purchased in number of bales and estimated weight. If the forage is to be processed into cubes or pellets, the transit certificate shall also contain the name, address, and phone number of the processor. The purchaser, or the processor of cubes or pellets, shall complete the transit document and return it to the Department.
4. All inspected forage bales shall be identified by colored twine.
5. Processors of bagged and bulk pellets and cubes shall comply with the following:
   1. All bags of pellets or cubes from certified forage shall have sewn into the bag a tag which is provided by the Department, identifying it as being made from certified forage. The processor may obtain the tags by delivering to the Department transit certificates as required above.
   2. A transit certificate(s) shall accompany all bulk sales of pellets or cubes from certified forage. As bulk sales of pellets or cubes are made, the processor shall record on an inventory sheet when the sale occurred and what quantities were sold. When inventory sheets are completed, or at least annually, the original documents shall be sent to the Department.

   3. The processor shall collect and maintain all twine from all certified forage utilized to process cubes or pellets. The twine shall be maintained by the processor for a maximum of one year from the date of processing, or such lesser time as directed by the Department. At the end of one year from the date of processing, if there is no outstanding request by the Department to inspect the twine, the processor may dispose of the collected twine.

QUALIFICATION STANDARDS FOR AUTHORIZED INSPECTORS

QUALIFICATION STANDARDS FOR AUTHORIZED INSPECTORS

Only authorized inspectors may certify forage as being weed free. Each person seeking designation as an authorized inspector by the Department shall first attend training given by the Department specifically designed to educate and train inspectors about the law, the principles associated with utilizing weed free forage, and the standardized procedures used during the inspection process.

DELEGATION OF THE DEPARTMENT’S POWERS

1. All authorized inspectors shall inspect forage in compliance with the provisions of these procedures.
2. Forage inspections may only be conducted by authorized inspectors.
3. Investigations of suspected violations of the Weed Free Forage Crop Certification procedures shall be conducted by Department employees only.

VIOLATIONS

VIOLATIONS

It shall be a violation of these procedures to:

1. Make false or misleading representations or statements in any document required by these procedures or the Department
2. Fail to maintain or submit documents required by these procedures
3. Alter or deface in any manner document or marking system produced as the result of a crop inspections pursuant to these procedures
4. Reproduce, produce a facsimile of, or utilize in any fashion any documentation or marking system pertaining to certification of any crop, except as provided by these procedures
5. Make false, misleading, deceptive, or fraudulent representations regarding certification of any crop.

Any producer found to be in violation shall not be inspected the following season.

FEES FOR INSPECTION/CERTIFICATION

FEES FOR INSPECTION/CERTIFICATION

The producer will be charged for inspections as follows:

1. Inspection time, including travel, $30.00 per hour
2. Mileage for the inspector’s travel, $0.40 per mile
3. A per inspection fee of $50.00 (this is per INSPECTION, not per field
4. The cost of the required twine
5. Per diem expenses, if travel and the inspection cannot be reasonably accomplished within one day, will not exceed $69.00 per day

APPENDIX A: North American Noxious Weed List (Hidden text)

APPENDIX A NEVADA’S NOXIOUS WEEDS LIST as of March 2005

APPENDIX B: North American Noxious Weed List (Hidden text)

APPENDIX: B: NAWMA - North American Weed List

Revised: 1-24-97, 4-20-97, 9-16-97

North American Weed Free Forage Certification Standards

Designated Noxious Weed List or Undesirable Plant Species List

Forage (feed, hay, straw or mulch) will be inspected in the field or origin (field will include ditches, fence rows, roads, easement, right-of-way, or buffer zone, surrounding the field). Field will be inspected for the fifty-three (53) weed species listed above prior to cutting or harvesting.