NRS574.550. Sale, attempted sale, offer for adoption or transfer of ownership of live animals prohibited at swap meets; exceptions; applicability.

      1.  Except as otherwise provided in subsections 2 and 3, a person who sells or attempts to sell, offers for adoption or transfers ownership of a live animal at a swap meet is guilty of a misdemeanor.

      2.  A person may sell, attempt to sell, offer for adoption or transfer ownership of a live animal at a swap meet if:

      (a) The swap meet is conducted in a county or incorporated city in this State that has adopted an ordinance authorizing the sale of live animals at a swap meet;

      (b) The person sells, attempts to sell, offers for adoption or transfers ownership of the animal in accordance with the ordinance; and

      (c) The ordinance, at a minimum:

             (1) Includes provisions which are substantially similar to the provisions of NRS 574.360 to 574.510, inclusive, and are applicable to all animals offered for sale and all persons who sell, attempt to sell, offer for adoption or transfer ownership of an animal at the swap meet; and

             (2) Does not authorize a person to commit an act of cruelty to an animal in violation of NRS 574.050 to 574.200, inclusive.

      3.  The provisions of this section do not:

      (a) Apply to any sale or transfer of ownership of any livestock.

      (b) Apply to any event where the primary purpose is to sell or auction livestock or agricultural implements.

      (c) Apply to any adoption of a dog or cat at an event held outdoors by an animal shelter or rescue organization that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (d) Apply to a person who offers for adoption or transfers ownership of a live animal at a swap meet if:

             (1) A fee is not charged or collected for the adoption or transfer of ownership or otherwise in connection with the transaction; and

             (2) The animal has had all the required vaccinations which are appropriate based upon the age of the animal.

      (e) Exempt a person from complying with:

             (1) Any requirement to obtain a license or other authorization to engage in a business in a county or incorporated city in this State; or

             (2) Any other requirement of the county or incorporated city to engage in business or to sell, attempt to sell, offer for adoption or transfer ownership of a live animal at a swap meet.

      4.  As used in this section:

      (a) “Livestock” has the meaning ascribed to it in NRS 569.0085.

      (b) “Sell” means to barter, exchange, sell, trade, offer for sale, expose for sale, have in possession for sale, arrange the sale of or solicit for sale.

      (c) “Swap meet” means a flea market, open-air market or other organized event at which two or more persons offer merchandise for sale or exchange.

      (Added to NRS by 2013, 1863)