1. Except as otherwise provided in subsection 2, a person shall not purchase, sell, offer for sale or possess with intent to sell any item that is, wholly or partially, made of an animal part or byproduct derived from a shark fin, a lion of the species Panthera leo or any species of elephant, rhinoceros, tiger, leopard, cheetah, jaguar, pangolin, sea turtle, ray, mammoth, narwhal, walrus or hippopotamus.
2. The provisions of subsection 1 do not apply to:
(a) Any activity undertaken by a law enforcement agency or officer pursuant to federal or state law.
(b) An antique that contains a de minimis quantity of an animal part or byproduct derived from any species listed in subsection 1, provided that the animal part or byproduct is a fixed component of the antique and the owner or seller of the antique establishes with documentation evidencing provenance of the antique that the antique is at least 100 years old.
(c) A musical instrument, including, without limitation, piano, string instrument and bow, wind instrument and percussion instrument, that contains a de minimis quantity of an animal part or byproduct derived from any species listed in subsection 1, provided that the owner or seller of the musical instrument:
(1) Possesses any certification or permit required by federal law for the sale of the musical instrument; and
(2) Establishes with documentation evidencing provenance that the musical instrument was legally acquired.
(d) A knife or firearm, or a component thereof, that contains an animal part or byproduct derived from any species listed in subsection 1 if:
(1) The animal part or byproduct:
(I) Is a fixed or integral part of the knife or firearm, or the component thereof; and
(II) Originated in or was legally imported to the United States; and
(2) The owner or seller of the knife or firearm, or the component thereof, establishes with documentation evidencing provenance that the knife or firearm, or the component thereof, was legally acquired; and
(3) All the requirements for the sale of the knife or firearm, or the component thereof, set forth in federal and state law are met.
(e) Sales authorized by the Department of Business and Industry to a bona fide scientific or educational institution of an item that contains an animal part or byproduct derived from any species listed in subsection 1, provided that the owner or seller of the item:
(1) Possesses any certification or permit required by federal law for the sale of the item; and
(2) Establishes with documentation evidencing provenance that the item was legally acquired.
(f) Any item that contains an animal part or byproduct derived from any species listed in subsection 1 for which the owner or seller has obtained any certification or permit required by federal law for the sale of the item or that is specifically authorized for sale by federal law, provided that all the requirements for the sale of the item set forth in federal or state law have been met.
(g) Any sport-hunted item that is legally obtained in accordance with federal law.
3. Any person who violates a provision of subsection 1:
(a) For the first offense, is guilty of a gross misdemeanor;
(b) For the second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130; and
(c) For the third and any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. In addition to the criminal penalties set forth in this section, a person who violates a provision of this section, upon conviction, shall pay a civil penalty not to exceed $6,500 or an amount equal to four times the fair market value of the item which is the subject of the violation, whichever is greater.
5. As used in this section:
(a) "De minimis quantity" means:
(1) Less than 20 percent of an item by volume;
(2) Less than 200 grams in weight when examined as a separate component; and
(3) Less than 20 percent of the fair market value of an item or of the actual price paid for the item, whichever is greater.
(b) "Sale" or "sell" means any act of selling, trading or bartering, for monetary or nonmonetary consideration, and includes any transfer of ownership that occurs in the course of a commercial transaction, but does not include a nonmonetary transfer of ownership to a legal beneficiary of a trust or to a person by way of gift, donation, inheritance or bequest.
(c) "Shark fin" means the fresh and uncooked, or cooked, frozen, dried or otherwise processed, detached fin or tail of a shark.
(Added to NRS by 2017, 2313, 2314)
Structure Nevada Revised Statutes
Chapter 597 - Miscellaneous Trade Regulations and Prohibited Acts
NRS 597.020 - Applicability of laws.
NRS 597.060 - Lease agreement: Prohibited provisions.
NRS 597.070 - Lease agreement: Reinstatement after customer fails to make timely payment.
NRS 597.080 - Receipt required for certain payments by customer.
NRS 597.100 - Criminal penalty.
NRS 597.1123 - Dealer" defined.
NRS 597.1127 - "Dealer agreement" defined.
NRS 597.113 - "Inventory" defined.
NRS 597.1133 - Net price" defined.
NRS 597.1137 - Superseded part" and "superseded repair part" defined.
NRS 597.114 - Supplier" defined.
NRS 597.1147 - Return of surplus parts to supplier; credit for returned parts.
NRS 597.116 - Limitations on requirements for supplier to repurchase inventory.
NRS 597.1163 - Failure of supplier to repurchase inventory.
NRS 597.1167 - Death of dealer or majority shareholder of dealer.
NRS 597.117 - Security interest of supplier in inventory; inspection of inventory before shipment.
NRS 597.1173 - Enforcement by dealer.
NRS 597.118 - Right, obligation or liability may not be waived.
NRS 597.125 - "Alcoholic beverage" defined.
NRS 597.130 - "Franchise" defined.
NRS 597.133 - "Good cause" defined.
NRS 597.136 - "Marketing area" defined.
NRS 597.140 - "Supplier" defined.
NRS 597.150 - "Wholesaler" defined.
NRS 597.155 - Termination of franchise by supplier: Notice; effective date.
NRS 597.162 - Additional prohibited acts by supplier.
NRS 597.170 - Remedies of wholesaler.
NRS 597.175 - Term of contract or agreement that alters or waives provisions void and unenforceable.
NRS 597.180 - Action by wholesaler: Defense by supplier.
NRS 597.190 - Statement of legislative policy.
NRS 597.230 - Operation of brew pub.
NRS 597.235 - Operation of craft distillery.
NRS 597.245 - Operation of instructional wine-making facility; prohibited activities; penalty.
NRS 597.250 - Violations: Suspension or revocation of license.
NRS 597.255 - Violations: Civil penalties.
NRS 597.260 - Penalty; civil liability.
NRS 597.262 - Enforcement by Attorney General and district attorneys; exceptions.
NRS 597.2643 - "Assistive device" defined.
NRS 597.2645 - "Consumer" defined.
NRS 597.2647 - "Dealer" defined.
NRS 597.265 - "Manufacturer" defined.
NRS 597.2655 - Repair of assistive device not in conformance with express warranty.
NRS 597.2665 - Action for damages and equitable relief; costs and attorney’s fees.
NRS 597.2667 - Rights and remedies not exclusive; waiver of rights void.
NRS 597.280 - "Affiliate" defined.
NRS 597.290 - "Control" defined.
NRS 597.300 - "Franchise" and "franchise agreement" defined.
NRS 597.305 - "Lessee dealer" defined.
NRS 597.310 - "Marketing area" defined.
NRS 597.320 - "Motor vehicle fuel" defined.
NRS 597.330 - "Price" defined.
NRS 597.340 - "Refiner" defined.
NRS 597.350 - "Refinery" defined.
NRS 597.360 - "Retailer" defined.
NRS 597.370 - "Service station" defined.
NRS 597.380 - "Wholesale purchaser" defined.
NRS 597.390 - Prohibited practices of refiners.
NRS 597.420 - Effect of failure to serve notice.
NRS 597.430 - Manner of giving notice.
NRS 597.440 - Restrictions on refiner’s operation of service stations.
NRS 597.460 - Refiner’s failure to act in good faith or use of undue influence prohibited.
NRS 597.470 - Judicial relief; costs and attorney’s fees.
NRS 597.610 - Report of defect in motor vehicle; duty of manufacturer.
NRS 597.630 - Duties of manufacturer if motor vehicle cannot be conformed to express warranties.
NRS 597.640 - Tolling of period for express warranties.
NRS 597.650 - Commencement of action by buyer.
NRS 597.660 - Waiver of rights by buyer prohibited.
NRS 597.670 - Effect on other rights and remedies of buyer.
NRS 597.675 - Notification of manufacturer regarding change in residential address.
NRS 597.682 - Lemon Law Buyback: General duties regarding retitling, notice and disclosures.
NRS 597.684 - Lemon Law Buyback: Form of notice.
NRS 597.686 - Lemon Law Buyback: Prohibition against certain nondisclosure agreements.
NRS 597.688 - Lemon Law Buyback: Civil action.
NRS 597.690 - Manufacturer required to remedy defects in vehicle related to safety without charge.
NRS 597.7112 - "Children’s product" defined.
NRS 597.7114 - "Retailer" defined.
NRS 597.7116 - "Warning" defined.
NRS 597.7122 - "Commercial user" defined.
NRS 597.7123 - "Crib" defined.
NRS 597.7124 - "Infant" defined.
NRS 597.7125 - Sale of unsafe crib prohibited; standards for crib safety.
NRS 597.7127 - Exception for antique or vintage crib.
NRS 597.7128 - Civil remedies.
NRS 597.7131 - Definitions. [Effective July 1, 2022.]
NRS 597.7132 - "Business textile" defined. [Effective July 1, 2022.]
NRS 597.7133 - "Child" defined. [Effective July 1, 2022.]
NRS 597.7134 - "Children’s product" defined. [Effective July 1, 2022.]
NRS 597.7135 - "Mattress" defined. [Effective July 1, 2022.]
NRS 597.7136 - "Organohalogenated chemical" defined. [Effective July 1, 2022.]
NRS 597.7137 - "Residential textile" defined. [Effective July 1, 2022.]
NRS 597.7138 - "Upholstered residential furniture" defined. [Effective July 1, 2022.]
NRS 597.7141 - Civil penalty for violation. [Effective July 1, 2022.]
NRS 597.730 - Right to claim or disclaim authorship.
NRS 597.750 - Waiver of rights.
NRS 597.760 - Transfer of ownership or right of reproduction.
NRS 597.7612 - "Operator" defined.
NRS 597.7613 - "Owner" defined.
NRS 597.7614 - "Phototherapy device" defined.
NRS 597.7615 - "Tanning equipment" defined.
NRS 597.7616 - "Tanning establishment" defined.
NRS 597.7617 - Owner or operator: Prohibited acts.
NRS 597.7618 - Owner or operator: Duty to post notice in tanning establishment.
NRS 597.762 - Owner or operator: Additional duties.
NRS 597.7626 - "Commission" defined.
NRS 597.7627 - "Food delivery service platform" defined.
NRS 597.7628 - "Food delivery service platform provider" defined.
NRS 597.7629 - "Food dispensing establishment" defined.
NRS 597.763 - "Food purchase price" defined.
NRS 597.7631 - "Likeness" defined.
NRS 597.7632 - "Online food order" defined.
NRS 597.7633 - "Total online food order price" defined.
NRS 597.7634 - "User" defined.
NRS 597.7642 - Knowing violation deemed deceptive trade practice.
NRS 597.790 - Existence and term of right; written consent required for commercial use; exceptions.
NRS 597.812 - "Device for automatic dialing and announcing" defined.
NRS 597.814 - Use prohibited; exceptions; restrictions.
NRS 597.816 - Additional exceptions to prohibition of use.
NRS 597.8192 - "Service member" defined.
NRS 597.8193 - "Written notice" defined.
NRS 597.8195 - Reinstatement of service.
NRS 597.8198 - Enforcement by Attorney General; remedies.
NRS 597.820 - Profiteering in articles on which there is sales tax; penalty.
NRS 597.830 - Unlawful additions to entertainment or amusement tax; penalty.
NRS 597.840 - Unlawful retention of deposit for longer than agreed time; penalty.
NRS 597.880 - Sale and advertising of master keys for motor vehicles limited; penalty.
NRS 597.900 - Sale of imitation Indian arts and crafts not clearly labeled as imitation prohibited.
NRS 597.935 - Acceptance of permanent resident card to identify customer.
NRS 597.937 - Acceptance of tribal identification card to identify customer.
NRS 597.960 - Collection of fee for dishonored check accepted as payment for goods or services.
NRS 597.980 - Sale of novelty lighter prohibited; applicability; penalty; enforcement.