USA Statutes : nevada
Title : Title 51 - FOOD AND OTHER COMMODITIES: PURITY; STANDARDS; WEIGHTS AND MEASURES; MARKETING
Chapter : CHAPTER 586 - PESTICIDES; DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES
NRS 586.010 to 586.450 ,
inclusive, may be cited as the Nevada Pesticides Act.
[1:269:1955]—(NRS A 1971, 1133; 1975, 187)
As used in NRS 586.010 to 586.450 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 586.030 to 586.220
, inclusive, have the meanings ascribed
to them in those sections.
[Part 2:269:1955]—(NRS A 1971, 1133; 1975, 187; 1993, 1775; 1999,
3716 ; 2003, 613 )
“Active ingredient”
means in the case of:
1. A pesticide, other than a plant regulator, defoliant or
desiccant, an ingredient which will prevent, destroy, repel or mitigate
insects, nematodes, fungi, rodents, weeds or other pests.
2. A plant regulator, an ingredient which, through physiological
action, will accelerate or retard the rate of growth or rate of
maturation or otherwise alter the behavior of ornamental or crop plants
or the produce thereof.
3. A defoliant, an ingredient which will cause the leaves or
foliage to drop from a plant.
4. A desiccant, an ingredient which will artificially accelerate
the drying of plant tissue.
[Part 2:269:1955]—(NRS A 1971, 1134)
“Adulterated” shall apply to
any pesticide if its strength or purity falls below the professed
standard or quality as expressed on labeling or under which it is sold,
or if any substance has been substituted wholly or in part for the
article, or if any valuable constituent of the article has been wholly or
in part abstracted.
[Part 2:269:1955]—(NRS A 1971, 1134)
“Antidote” means the most
practical immediate treatment in case of poisoning and includes first aid
treatment.
[Part 2:269:1955]
“Brand” means any and all words,
terms, designs or trademarks used in connection with a pesticide.
(Added to NRS by 2003, 613 )
“Certified
applicator” means any person who is certified by the Director as
qualified to use or supervise the use of any restricted-use pesticide.
(Added to NRS by 1975, 186; A 1977, 312; 1993, 1775; 1999, 3716
)
“Defoliant” means any substance
or mixture of substances intended for causing the leaves or foliage to
drop from a plant, with or without causing abscission.
(Added to NRS by 1971, 1131)
“Desiccant” means any substance
or mixture of substances intended for artificially accelerating the
drying of plant tissues.
(Added to NRS by 1971, 1131)
“Device” means any instrument or
contrivance intended for trapping, destroying, repelling or mitigating
insects or rodents, or destroying, repelling or mitigating fungi or
weeds, or such other pests as designated by the Director. The term does
not include equipment used for the application of pesticides when sold
separately therefrom.
[Part 2:269:1955]—(NRS A 1971, 1134; 1993, 1775; 1999, 3716 )
“Director” means the Director of
the State Department of Agriculture.
(Added to NRS by 1999, 3716 )
“Fungi” means all
non-chlorophyll-bearing thallophytes (that is, all
non-chlorophyll-bearing plants of a lower order than mosses and
liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and
bacteria, except those on or in living man or other animals.
[Part 2:269:1955]
“Fungicide” means any substance
or mixture of substances intended for preventing, destroying, repelling
or mitigating any fungi.
[Part 2:269:1955]
“Herbicide” means any substance
or mixture of substances intended for preventing, destroying, repelling
or mitigating any weed.
[Part 2:269:1955]
“Ingredient
statement” means either:
1. A statement of the name and amount by percentage of weight of
each active ingredient, together with the total amount by percentage of
weight of the inert ingredients, in the pesticide; or
2. A statement of the name of each active ingredient, together
with the name of each and total amount by percentage of weight of the
inert ingredients, if any there be, in the pesticide (except subsection 1
shall apply if the preparation is highly toxic to man, determined as
provided in NRS 586.310 ).
Ê In addition to subsections 1 and 2, in case the pesticide contains
arsenic, lead or mercury in any form, a statement of the percentages of
weights of total and water-soluble arsenic, lead or mercury, each
calculated as elemental arsenic, lead or mercury.
[Part 2:269:1955]—(NRS A 1961, 567; 1963, 30; 1971, 1134)
“Inert ingredient” means
an ingredient which is not an active ingredient.
[Part 2:269:1955]
“Insect” means any of the numerous
small invertebrate animals generally having the body more or less
obviously segmented, for the most part belonging to the class Insecta,
comprising six-legged, usually winged forms, as, for example, beetles,
bugs, bees, flies, and to other allied classes of arthropods whose
members are wingless and usually have more than 6 legs, as, for example,
spiders, mites, ticks, centipedes and wood lice.
[Part 2:269:1955]
“Insecticide” means any
substance or mixture of substances intended for preventing, destroying,
repelling or mitigating any insects which may be present in any
environment whatever.
[Part 2:269:1955]
“Label” means the written, printed
or graphic matter on or attached to the pesticide or device, or the
immediate container thereof, and the outside container or wrapper of the
retail package, if any there be, of the pesticide or device.
[Part 2:269:1955]—(NRS A 1971, 1135)
“Labeling” means all labels and
other written, printed or graphic matter:
1. Upon the pesticide or device or any of its containers or
wrappers;
2. Accompanying the pesticide or device at any time; or
3. To which reference is made on the label or in literature
accompanying the pesticide or device, except when accurate, nonmisleading
reference is made to current official publications of the United States
Departments of Agriculture or Interior, the United States Public Health
Service, state experiment stations, state agricultural colleges, or other
similar federal institutions or official agencies of this state or other
states authorized by law to conduct research in the field of pesticides.
[Part 2:269:1955]—(NRS A 1971, 1135)
“Misbranded” shall apply:
1. To any pesticide or device if its labeling bears any statement,
design or graphic representation relative thereto or to its ingredients
which is false or misleading in any particular.
2. To any pesticide:
(a) If it is an imitation of, or is offered for sale under the name
of, another pesticide;
(b) If its labeling bears any reference to registration under NRS
586.010 to 586.450 , inclusive;
(c) If the labeling accompanying it does not contain instructions
for use which are necessary and, if complied with, adequate for the
protection of the public;
(d) If the label does not contain a warning or caution statement
which may be necessary and, if complied with, adequate to prevent injury
to living man and other vertebrate animals;
(e) If the label does not bear an ingredient statement on that part
of the immediate container and on the outside container or wrapper, if
there be one through which the ingredient statement on the immediate
container cannot be clearly read, of the retail package which is
presented or displayed under customary conditions of purchase;
(f) If any word, statement or other information required by or
under the authority of NRS 586.010 to
586.450 , inclusive, to appear on the
labeling is not prominently placed thereon with such conspicuousness (as
compared with other words, statements, designs, or graphic matter in the
labeling) and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use;
(g) If in the case of a pesticide, when used as directed, or in
accordance with commonly recognized practice, it shall be injurious to
living man or other vertebrate animals or vegetation, except weeds, to
which it is applied, or to the person applying such pesticide; or
(h) If in the case of a plant regulator, defoliant or desiccant,
when used as directed, it shall be injurious to man or other vertebrate
animals, or vegetation to which it is applied; but physical or
physiological effects on plants or parts thereof shall not be deemed to
be injury when this is the purpose for which the plant regulator,
defoliant or desiccant was applied, in accordance with the label claims
and recommendations.
[Part 2:269:1955]—(NRS A 1971, 1135)
“Nematocide” means any
substance or mixture of substances intended for preventing, destroying,
repelling or mitigating nematodes.
(Added to NRS by 1971, 1131)
“Nematode” means invertebrate
animals of the phylum nemathelminthes and class Nematoda, that is,
unsegmented round worms with elongated, fusiform or sac-like bodies
covered with cuticle, and inhabiting soil, water, plants or plant parts,
also called nemas or eelworms.
(Added to NRS by 1971, 1131)
“Pesticide” includes, but is not
limited to:
1. Any substance or mixture of substances, including any living
organisms, any product derived therefrom and any fungicide, herbicide,
insecticide, nematocide and rodenticide, intended to prevent, destroy,
control, repel, attract or mitigate any insect, rodent, nematode, snail,
slug, fungus, weed and any other form of plant or animal life or virus,
except a virus on or in living humans or other animals, which is normally
considered to be a pest or which the Director declares to be a pest.
2. Any substance or mixture of substances intended to be used as a
plant regulator, defoliant, desiccant, and any other substance intended
for that use as named by the Director by regulation.
[Part 2:269:1955]—(NRS A 1961, 567; 1971, 1134; 1993, 1775; 1999,
3716 )
“Plant regulator” means
any substance or mixture of substances, intended through physiological
action, for accelerating or retarding the rate of growth or rate of
maturation, or for otherwise altering the behavior of ornamental or crop
plants or the produce thereof, but shall not include substances to the
extent that they are intended as plant nutrients, trace elements,
nutritional chemicals, plant inoculants and soil amendments.
(Added to NRS by 1971, 1131)
“Registrant” means the person
registering any brand of pesticide pursuant to the provisions of NRS
586.010 to 586.450 , inclusive.
[Part 2:269:1955]—(NRS A 1971, 1136; 2003, 613 )
“Restricted-use
pesticide” means any pesticide, including any highly toxic pesticide,
which:
1. The Director has determined after a hearing, to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops
or land, other than pests or vegetation it is intended to prevent,
destroy, control or mitigate; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety; or
2. Has been classified for restricted use by or under the
supervision of a certified applicator in accordance with the Federal
Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq.
(Added to NRS by 1971, 1131; A 1975, 187; 1977, 312; 1993, 1776;
1999, 3717 )
“Rodenticide” means any
substance or mixture of substances intended for preventing, destroying,
repelling or mitigating rodents or any other vertebrate animal which the
Director declares to be a pest.
[Part 2:269:1955]—(NRS A 1993, 1776; 1999, 3717 )
“Weed” means any plant which grows
where not wanted.
[Part 2:269:1955]
Jurisdiction in all matters
pertaining to the distribution, sale and transportation of pesticides and
devices is, pursuant to NRS 586.010 to
586.450 , inclusive, vested exclusively
in the Director.
[13:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999, 3717
)
Each brand of pesticide which is distributed, sold or offered
for sale within this state, or delivered for transportation or
transported in intrastate commerce or between points within this state
through any point outside this state, must be registered in the office of
the Director. Such a registration of a brand of pesticide must be renewed
annually.
[Part 4:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999,
3717 ; 2003, 614 )
1. The registrant shall file with the Director a statement
including:
(a) The name and address of the registrant and the name and address
of the person whose name will appear on the label, if other than the
registrant.
(b) The brand of the pesticide.
(c) A complete copy of the labeling accompanying the brand of
pesticide and a statement of all claims to be made for it, including
directions for use.
(d) If requested by the Director, a full description of the tests
made and the results thereof upon which the claims are based.
2. In the case of the renewal of registration, a statement is
required only with respect to information which is different from the
information that was furnished when the brand of pesticide was registered
or last reregistered.
[Part 4:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999,
3717 ; 2003, 614 )
1. A registrant shall pay an annual registration fee in an amount
established by regulation of the Director for each brand of pesticide
registered.
2. The Director shall, for each annual registration fee he
collects, deposit in a separate account the amount established for that
purpose by regulation of the Director. The money deposited in the account
must be used:
(a) For the disposal of pesticides;
(b) To monitor pesticides;
(c) To protect groundwater and surface water from contamination by
pesticides; and
(d) For the eradication and control of noxious weeds.
3. A registrant who offers a pesticide for sale before registering
the brand of pesticide shall pay an amount equal to twice the
registration fee for registering the brand of pesticide.
4. As used in this section, “noxious weed” has the meaning
ascribed to it in NRS 555.005 .
[Part 4:269:1955]—(NRS A 1960, 32; 1961, 568; 1963, 30; 1971, 118,
1137; 1977, 261; 1983, 405; 1993, 1193, 1777; 1995, 579; 1999, 3600
, 3718 ; 2003, 614 ; 2005, 935 )
1. If the Director deems it necessary in the administration of NRS
586.010 to 586.450 , inclusive, he may require the submission of
the complete formula of any pesticide.
2. If it appears to the Director that the composition of the
article is such as to warrant the proposed claims for it, and if the
article and its labeling and other material required to be submitted
comply with the requirements of NRS 586.350 to 586.410 ,
inclusive, he shall register the article.
[Part 4:269:1955]—(NRS A 1961, 568; 1971, 1137; 1993, 1777; 1999,
3718 )
1. If it does not appear to the Director that the article is such
as to warrant the proposed claims for it, or if the article and its
labeling and other material required to be submitted do not comply with
the provisions of NRS 586.010 to
586.450 , inclusive, he shall notify the
registrant of the manner in which the article, labeling or other material
required to be submitted fails to comply with NRS 586.010 to 586.450 ,
inclusive, to allow him an opportunity to make the necessary corrections.
2. The registration of an article is not a defense for the
commission of any offense prohibited under NRS 586.350 to 586.410 ,
inclusive.
[Part 4:269:1955]—(NRS A 1961, 569; 1965, 32; 1971, 1137; 1993,
1777; 1999, 3718 )
Notwithstanding any other provision of NRS 586.010 to 586.450 ,
inclusive, registration is not required in the case of a pesticide
shipped from one plant within this state to another plant within this
state operated by the same person.
[Part 4:269:1955]—(NRS A 1971, 1137)
The Director may, after
providing an opportunity for a hearing:
1. Declare as a pest any form of plant life or animal life or
virus which is injurious to plants, humans, domestic animals, articles or
substances.
2. Determine whether pesticides are highly toxic to humans.
3. Determine standards of coloring or discoloring for pesticides,
and to subject pesticides to the requirements of NRS 586.380 .
[Part 5:269:1955]—(NRS A 1961, 569; 1971, 1137; 1993, 1777; 1999,
3718 )
To avoid confusion endangering the
public health resulting from diverse requirements, particularly as to the
labeling and coloring of pesticides, and to avoid increased costs to the
residents of this state because of the necessity of complying with
diverse requirements in the manufacture and sale of pesticides, it is
desirable that there be uniformity between the requirements of the
several states and the Federal Government relating to pesticides. To this
end the Director may, after a public hearing, adopt such regulations
applicable to and in conformity with the primary standards established by
NRS 586.010 to 586.450 , inclusive, as have been or may be prescribed
by the United States Environmental Protection Agency with respect to
pesticides.
[Part 5:269:1955]—(NRS A 1961, 569; 1971, 1138; 1987, 94; 1993,
1777; 1999, 3718 )
1. The Director shall endeavor to eliminate from use in this state
any pesticide:
(a) Which endangers the agricultural or nonagricultural environment;
(b) Which is not beneficial for the purposes for which it is sold;
or
(c) Which is misrepresented.
2. In carrying out this responsibility, he shall develop an
orderly program for the continuous evaluation of all pesticides the
brands of which have actually been registered.
(Added to NRS by 1971, 1131; A 1993, 1778; 1999, 3719 ; 2003, 614 )
1. Pursuant to NRS 586.335 , the
Director may, after a hearing, cancel the registration of, or refuse to
register, any brand of pesticide if:
(a) The pesticide has demonstrated serious uncontrollable adverse
effects within or outside the agricultural environment.
(b) The use of the pesticide is of less public value or greater
detriment to the environment than the benefit received by its use.
(c) There is a reasonably effective and practicable alternate
material or procedure to the pesticide which is demonstrably less
destructive to the environment.
(d) The pesticide, when properly used, is detrimental to:
(1) Vegetation, except weeds;
(2) Domestic animals; or
(3) Public health and safety.
(e) The pesticide is of little or no value for the purpose for
which it is intended.
(f) Any false or misleading statement concerning the pesticide is
made or implied by the registrant or his agent, orally or in writing, or
in the form of any advertising literature.
2. In making any such determination, the Director may require such
practical demonstrations as are necessary to determine the facts.
3. If the Director has a reason to believe that any of the
conditions stated in subsection 1 are applicable to any pesticide the
brand of which is registered and that the use or continued use of the
pesticide constitutes an immediate substantial danger to persons or to
the environment, he may, after notice to the registrant, suspend the
registration of the brand of pesticide pending a hearing and final
decision.
(Added to NRS by 1971, 1132; A 1993, 1778; 1999, 3719 ; 2003, 614 )
It is unlawful for any person to distribute, sell or offer
for sale within this state, or deliver for transportation or transport in
intrastate commerce or between points within this state through any point
outside this state, any pesticide the brand of which has not been
registered pursuant to the provisions of NRS 586.250 to 586.300 ,
inclusive, or any pesticide if any of the claims made for it or any of
the directions for its use differ in substance from the representations
made in connection with its registration, or if the composition of a
pesticide differs from its composition as represented in connection with
its registration, except that, in the discretion of the Director, a
change in the labeling or formula of a pesticide may be made within a
registration period without requiring reregistration of the brand of
pesticide.
[Part 3:269:1955]—(NRS A 1961, 570; 1971, 1138; 1993, 1778; 1999,
3719 ; 2003, 615 )
It is unlawful for any person to
distribute, sell or offer for sale within this state, or deliver for
transportation or transport in intrastate commerce or between points
within this state through any point outside this state, any pesticide
unless it is in the registrant’s or the manufacturer’s unbroken immediate
container and there is affixed to the container, and to the outside
container or wrapper of the retail package, if there is one through which
the required information on the immediate container cannot be clearly
read, a label bearing:
1. The name and address of the manufacturer, registrant or person
for whom manufactured.
2. The brand under which the article is sold.
3. The net weight or measure of the content, subject to such
reasonable variations as the Director may permit.
[Part 3:269:1955]—(NRS A 1971, 1138; 1993, 1779; 1999, 3720 ; 2003, 615 )
It shall
be unlawful for any person to distribute, sell or offer for sale within
this State or deliver for transportation or transport in intrastate
commerce or between points within this State through any point outside
this State any pesticide which contains any substance or substances in
quantities highly toxic to man, determined as provided in NRS 586.310
, unless the label shall bear, in
addition to any other matter required by NRS 586.010 to 586.450 ,
inclusive:
1. The skull and crossbones.
2. The word “poison” prominently, in red, on a background of
distinctly contrasting color.
3. A statement of an antidote for the pesticide.
[Part 3:269:1955]—(NRS A 1971, 1138)
1. It is unlawful for any person to distribute, sell or offer for
sale within this State, or deliver for transportation or transport in
intrastate commerce or between points within this State through any point
outside this State, the pesticides commonly known as standard lead
arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc
arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and
barium fluorosilicate, and those containing mercurial compounds, unless
they have been distinctly colored or discolored as provided by the
regulations adopted in accordance with the provisions of NRS 586.010
to 586.450 , inclusive, or any other white powder
pesticide which the Director, after investigation of and after public
hearing on the necessity for such action for the protection of the public
health and the feasibility of the coloration or discoloration, by
regulation requires to be distinctly colored or discolored, unless it has
been so colored or discolored.
2. The Director may exempt any pesticide to the extent that it is
intended for a particular use from the coloring or discoloring required
or authorized by this section if he determines that the coloring or
discoloring for that use is not necessary to protect the public health.
[Part 3:269:1955]—(NRS A 1961, 570; 1971, 1139; 1993, 1779; 1999,
3720 )
It shall be unlawful for any person to distribute,
sell or offer for sale within this state or deliver for transportation or
transport in intrastate commerce or between points within this state
through any point outside this state any pesticide which is adulterated
or misbranded or any device which is misbranded.
[Part 3:269:1955]—(NRS A 1971, 1139)
It shall be unlawful for any person
to detach, alter, deface or destroy, in whole or in part, any label or
labeling provided for in NRS 586.010 to
586.450 , inclusive, or regulations
promulgated thereunder, or to add any substance to, or take any substance
from, a pesticide in a manner that may defeat the purpose of NRS 586.010
to 586.450 , inclusive.
[Part 3:269:1955]—(NRS A 1971, 1139)
1. The Director shall adopt regulations governing the application
and distribution of any pesticides which he finds must necessarily be
applied in pest control but which unless carefully used are likely to be:
(a) Injurious to persons, pollinating insects, bees, animals, crops
or land, other than the pest or vegetation it is intended to prevent,
destroy, control or mitigate; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety.
2. The Director in classifying pesticides as restricted-use
pesticides shall determine if:
(a) They are highly toxic to humans or other animals, including
wildlife.
(b) The regulations governing their application and distribution
are reasonably calculated to avoid injury and are necessary for their
proper use.
(c) The benefit received from their use is of greater public value
than a detriment to the environment, public health and safety.
(d) They can be used by permit for purposes other than their
registered purposes.
3. The Director may adopt such other rules and regulations as are
necessary to carry out the provisions of this chapter, including, but not
limited to:
(a) The collection and examination of pesticides.
(b) The use of certain types of containers or packages for specific
pesticides, applicable to construction, strength or size to avoid the
danger of spillage, breakage or misuse.
(c) The safe handling, transportation, storage, display,
distribution and disposal of pesticides and their containers.
(d) The information to be recorded and maintained of the sale, use
and distribution of pesticides classified for restricted use.
(Added to NRS by 1971, 1132; A 1975, 188; 1993, 1779; 1999, 3720
)
1. The regulations governing the use of restricted-use pesticides
may:
(a) Provide the time when and the conditions under which they may
be used in this State.
(b) Prohibit their use in areas of this State.
(c) Provide that they shall be used only under a permit for each
application; and the permit may set forth the time, conditions, quantity
and concentration of its use.
2. Every permit which is issued under the regulations adopted
pursuant to this section is conditioned upon compliance with such
regulations and upon such other specified conditions as may be deemed
necessary to avoid injury.
3. Any permit may be refused, revoked or suspended for violation
of any of the conditions of such permit, or for violation of any
provisions of NRS 586.010 to 586.450
, inclusive, or the regulations adopted
pursuant to such sections.
(Added to NRS by 1971, 1133)
1. The Director may issue a special use permit authorizing the use
of a pesticide for a purpose other than that for which it is registered.
The permit must set forth:
(a) The name and dosage rate of the pesticide or other material to
be used.
(b) The type of pest to be controlled.
(c) The crop or property to be treated.
2. The special use permit may limit the time, quantity, area and
manner of application.
(Added to NRS by 1971, 1133; A 1993, 1780; 1999, 3721 )
1. It is unlawful for any person to sell or offer to sell at the
retail level or distribute or deliver for transportation for delivery to
the consumer or user a pesticide classified for restricted use pursuant
to NRS 586.401 or the Federal
Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., unless he
is registered with the Director.
2. Each person applying for registration must provide a statement
including:
(a) The name and address of the person registering; and
(b) The name and address of any person who, on behalf of the person
registering, sells, offers to sell, distributes or delivers for
transportation a restricted-use pesticide.
3. All registrations expire on December 31 and are renewable
annually.
4. Each person registering shall pay:
(a) An annual registration fee established by regulation of the
State Board of Agriculture; and
(b) A penalty fee of $5 if his previous registration has expired by
the failure to reregister on or before February 1, unless his
registration is accompanied by a signed statement that no person named on
the registration statement has sold or distributed any restricted-use
pesticides during the year the registration was not in effect.
5. Each person who is registered shall maintain for 2 years a
record of all sales of restricted-use pesticides showing:
(a) The date of sale or delivery;
(b) The name and address of the person to whom sold or delivered;
(c) The brand name of the pesticide product;
(d) The amount of pesticide product sold or delivered;
(e) The certification number of the certified applicator who is
applying or supervising the application of the pesticide if the purchaser
of the pesticide is not certified to apply the pesticide; and
(f) Such other information as may be required by the Director.
6. Each person registered pursuant to this section shall, on or
before the 15th day of each month, file a report with the Director
specifying the restricted-use pesticides sold during the previous month.
The Director shall provide the form for the report. The form must be
filed regardless of whether the person sold any pesticides during the
previous month.
(Added to NRS by 1975, 186; A 1993, 1194, 1780; 1995, 579; 1999,
3600 , 3721 )
The Director may refuse to grant or
renew a registration under NRS 586.406
or may suspend or revoke the registration if, after notice and a hearing,
he is satisfied that:
1. The person registered has, without reasonable cause, failed to
record information as required by NRS 586.406 or a regulation adopted by the Director;
2. The person registered has made a fictitious or false entry in
the required records; or
3. The applicant has made sales or delivery of restricted-use
pesticides without registering with the Director.
(Added to NRS by 1975, 186; A 1993, 1781; 1999, 3722 )
It is unlawful for any person to sell or deliver any restricted-use
pesticide to any person who is required by the regulations adopted by the
Director to have a permit to use that material, unless the person or his
agent to whom delivery is made signs a written statement in a form
prescribed by the Director stating that the person holds a valid permit
to use the kind and quantity of the restricted-use pesticide which is
delivered.
(Added to NRS by 1971, 1133; A 1993, 1781; 1999, 3722 )
It
shall be unlawful for any person to apply any restricted-use pesticide
for which regulations have been adopted, except as provided in such
regulations.
(Added to NRS by 1971, 1133)
It is unlawful for any person to use for his own
advantage, or to reveal, other than to the Director or proper officers or
employees of the State, or to the courts of this State in response to a
subpoena, or to physicians, or in emergencies to pharmacists and other
qualified persons, for use in the preparation of antidotes, any
information relating to the formulas of products acquired by authority of
NRS 586.280 .
[Part 3:269:1955]—(NRS A 1961, 570; 1993, 1781; 1999, 3722 )
1. The penalties provided for violations of NRS 586.350 to 586.390 ,
inclusive, do not apply to:
(a) Any carrier while lawfully engaged in transporting a pesticide
within this state, if the carrier, upon request, permits the Director or
his designated agent to copy all records showing the transactions in and
movement of the articles.
(b) Public officers of this state and the Federal Government
engaged in the performance of their duties.
(c) The manufacturer or shipper of a pesticide for experimental use
only:
(1) By or under the supervision of an agency of this state
or of the Federal Government authorized by law to conduct research in the
field of pesticides; or
(2) By other persons if the pesticide is not sold and if the
container thereof is plainly and conspicuously marked “For experimental
use only—Not to be sold,” together with the manufacturer’s name and
address, but if a written permit has been obtained from the Director,
pesticides may be sold for experimental purposes subject to such
restrictions and conditions as may be set forth in the permit.
2. An article shall not be deemed in violation of the provisions
of NRS 586.010 to 586.450 , inclusive, if intended solely for export to a
foreign country and if prepared or packed according to the specifications
or directions of the purchaser. If not so exported, all the provisions of
NRS 586.010 to 586.450 , inclusive, apply.
[7:269:1955]—(NRS A 1961, 570; 1971, 1139; 1993, 1781; 1999, 3723
; 2003, 616 )
1. The examination of pesticides or devices must be made under the
direction of the Director to determine whether they comply with the
requirements of NRS 586.010 to 586.450
, inclusive. If it appears from the
examination that a pesticide or device fails to comply with the
provisions of NRS 586.010 to 586.450
, inclusive, and the Director
contemplates instituting criminal proceedings against any person, the
Director shall cause appropriate notice to be given to the person. Any
person so notified must be given an opportunity to present his views,
orally or in writing, with regard to those contemplated proceedings, and
if thereafter in the opinion of the Director it appears that the
provisions of NRS 586.010 to 586.450
, inclusive, have been violated by the
person, the Director shall refer the facts to the district attorney of
the county in which the violation occurred with a copy of the results of
the analysis or the examination of the article. The provisions of NRS
586.010 to 586.450 , inclusive, do not require the Director to
report any act or failure to act for prosecution or for the institution
of libel proceedings, or to report minor violations of NRS 586.010 to 586.450 ,
inclusive, if he believes that the public interest will be best served by
a suitable notice of warning in writing.
2. Each district attorney to whom any such violation is reported
shall cause appropriate proceedings to be instituted and prosecuted in a
court of proper jurisdiction without delay.
3. The Director shall, by publication in such manner as he may
prescribe, give notice of all judgments entered in actions instituted
under the authority of NRS 586.010 to
586.450 , inclusive.
[6:269:1955]—(NRS A 1961, 571; 1971, 1140; 1993, 1782; 1999, 3723
; 2003, 616 )
1. Any pesticide or device that is distributed, sold or offered
for sale within the State of Nevada, or delivered for transportation or
transported in intrastate commerce or between points within this state
through any point outside this state is liable to be proceeded against in
any district court in any county of this state where it may be found and
seized for confiscation by process of libel for condemnation:
(a) In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If the brand of the pesticide has not been registered
under the provisions of NRS 586.250 to
586.300 , inclusive.
(3) If it is a white powder pesticide and is not colored as
required under NRS 586.010 to 586.450
, inclusive.
(4) If it fails to bear on the label the information
required by NRS 586.010 to 586.450
, inclusive.
(b) In the case of a device, if it is misbranded.
2. If the article is condemned, it must, after the entry of the
decree, be disposed of by destruction or sale as the court may direct,
and the proceeds must be paid to the State Treasurer and deposited in the
State General Fund. The article seized must not be sold or destroyed
contrary to the provisions of NRS 586.010 to 586.450 ,
inclusive. The article must not be sold or destroyed if the owner thereof
pays the costs of condemnation and executes a good and sufficient bond
conditioned that the article must not be disposed of unlawfully. The
court shall then order that the article condemned must be delivered to
the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article,
court costs, fees and storage charges, and other proper expenses, must be
awarded against the person, if any, intervening as claimant of the
article.
[9:269:1955]—(NRS A 1971, 1141; 2003, 617 )
1. Any person violating NRS 586.350 shall be guilty of a misdemeanor.
2. Notwithstanding any other provision of this section, if any
person, with intent to defraud, uses or reveals information relative to
formulas of products acquired under authority of NRS 586.280 , he shall be guilty of a gross misdemeanor.
[8:269:1955]
DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHER SUBSTANCES
As used in NRS 586.460 to 586.520
, inclusive, unless the context or
subject matter otherwise requires, “dangerous caustic or corrosive
substance” means each and all of the acids, alkalis and substances named
below:
1. Hydrochloric acid and any preparation containing free or
chemically unneutralized hydrochloric acid (HCl) in a concentration of 10
percent or more.
2. Sulfuric acid and any preparation containing free or chemically
unneutralized sulfuric acid (H2SO4) in a concentration of 10 percent or
more.
3. Nitric acid or any preparation containing free or chemically
unneutralized nitric acid (HNO3) in a concentration of 5 percent or more.
4. Carbolic acid (C6H5OH), otherwise known as phenol, and any
preparation containing carbolic acid in a concentration of 5 percent or
more.
5. Oxalic acid and any preparation containing free or chemically
unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or
more.
6. Any salt of oxalic acid and any preparation containing any such
salt in a concentration of 10 percent or more.
7. Acetic acid or any preparation containing free or chemically
unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or
more.
8. Hypochlorous acid, either free or combined, and any preparation
containing the same in a concentration so as to yield 10 percent or more
by weight of available chlorine, excluding oxal chlorinata, bleaching
powder and chloride of lime.
9. Potassium hydroxide and any preparation containing free or
chemically unneutralized potassium hydroxide (KOH), including caustic
potash and Vienna paste, in a concentration of 10 percent or more.
10. Sodium hydroxide and any preparation containing free or
chemically unneutralized sodium hydroxide (NaOH), including caustic soda
and lye, in a concentration of 10 percent or more.
11. Silver nitrate, sometimes known as lunar caustic, and any
preparation containing silver nitrate (AgNO3) in a concentration of 5
percent or more.
12. Ammonia water and any preparation yielding free or chemically
uncombined ammonia (NH3), including ammonium hydroxide and hartshorn, in
a concentration of 5 percent or more.
[Part 1:52:1925; NCL § 1000]
As
used in NRS 586.460 to 586.520 , inclusive, unless the context or subject
matter otherwise requires, “misbranded parcel, package or container”
means a retail parcel, package or container of any dangerous caustic or
corrosive substance for household use, not bearing a conspicuous, easily
legible label or sticker, containing:
1. The name of the article.
2. The name and place of business of the manufacturer, packer,
seller or distributor.
3. The word “poison” running parallel with the main body of
reading matter on the label or sticker, on a clear, plain background of a
distinctly contrasting color, in uncondensed gothic capital letters, the
letters to be not less than 24-point size, unless there is on the label
or sticker no other type so large, in which event the type shall be not
smaller than the largest type on the label or sticker.
4. Directions for treatment in case of accidental personal injury
by the dangerous caustic or corrosive substance.
[Part 1:52:1925; NCL § 1000]
No
person shall sell, barter or exchange, or receive, hold, pack, display,
or offer for sale, barter or exchange in the State of Nevada, any
dangerous caustic or corrosive substance in a misbranded parcel, package
or container, the parcel, package or container being designed for
household use.
[2:52:1925; NCL § 1001]
1. Any dangerous caustic or corrosive substance in a misbranded
parcel, package or container suitable for household use that is being
sold, bartered or exchanged, or held, displayed or offered for sale,
barter or exchange, shall be liable to be proceeded against in any
Justice Court of the county wherein such sale, barter, exchange, display,
offer for sale, barter or exchange shall take place within the
jurisdiction of which the same is found, and if such substance is
condemned as misbranded, it shall be disposed of by destruction or sale,
as the court may direct.
2. If sold, the proceeds, less the actual costs and charges, shall
be paid over to the State Treasurer. Such substance shall not be sold
contrary to the laws of the State.
3. Upon the payment of the costs of such proceedings and the
execution and delivery of a good and sufficient bond to the effect that
such substance will not be unlawfully sold or otherwise disposed of, the
court may by order direct that such substance be delivered to the owner
thereof.
[3:52:1925; NCL § 1002]
1. The Commissioner of Food and Drugs shall enforce the provisions
of NRS 586.460 to 586.520 , inclusive.
2. He is authorized and empowered to approve and register such
brands and labels intended for use under the provisions of NRS 586.460
to 586.520 , inclusive, as may be submitted to him for
that purpose and as may in his judgment conform to the requirements of
NRS 586.460 to 586.520 , inclusive, but in any prosecution under NRS
586.460 to 586.520 , inclusive, the fact that any brand or label
involved in such prosecution has not been submitted to the Commissioner
of Food and Drugs for approval, or if submitted has not been approved by
him, shall be immaterial.
[5:52:1925; NCL § 1004]
Every district attorney
to whom there is presented, or who in any way procures, satisfactory
evidence of any violation of the provisions of NRS 586.460 to 586.520 ,
inclusive, shall cause appropriate proceedings to be commenced and
prosecuted in the proper courts, without delay, for the enforcement of
the penalties provided in NRS 586.520 .
[6:52:1925; NCL § 1005]
Any person violating the provisions of NRS
586.460 to 586.510 , inclusive, shall be punished by a fine of not
more than $250.
[4:52:1925; NCL § 1003]—(NRS A 1967, 619; 1979, 1488)
