[Rev. 11/22/2013 9:42:30 AM--2013]

[NAC-555 Revised Date: 7-13]

CHAPTER 555 - CONTROL OF INSECTS, PESTS AND NOXIOUS WEEDS

GENERAL PROVISIONS

555.005            Definitions.

CLASSIFICATION OF WEEDS

555.010            Designation and categorization of noxious weeds.

WEED CONTROL DISTRICTS

555.035            Paradise Valley Weed Control District: Weeds subject to control.

555.036            Paradise Valley Weed Control District: Powers and duties.

555.040            Ruby Weed Control District: Weeds subject to control.

555.041            Ruby Weed Control District: Chemical control of weeds.

555.042            Ruby Weed Control District: Mechanical control of weeds.

555.043            Ruby Weed Control District: Inspections.

555.044            Ruby Weed Control District: Initiation of legal proceedings.

555.045            Ruby Weed Control District: Cooperation with persons outside of District.

555.050            Diamond Valley Weed Control District: Weeds subject to control.

555.060            Diamond Valley Weed Control District: Methods of control; inspections; legal proceedings.

555.070            Douglas County Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District.

555.075            Goose Creek Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District.

555.080            Lovelock Valley Weed Control District: Weeds subject to control; methods of control; legal proceedings; inspections; limitation of terms and recall of director of District.

555.090            Walker River Weed Control District: Weeds subject to control; methods of control; legal proceedings.

555.095            Lamoille Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District.

REGULATION OF DEALERS OF NURSERY STOCK

555.100            Definitions.

555.1005          “Balled nursery stock” defined.

555.101            “Bare-root nursery stock” defined.

555.1014          “Business location” defined.

555.1017          “Business record” defined.

555.102            “Commercially clean” defined.

555.1025          “Common pest” defined.

555.103            “Containerized stock” defined.

555.1035          “Dangerously injurious pest” defined.

555.1045          “Dealer of nursery stock” defined.

555.106            “Eradicated” defined.

555.1065          “Etiolated growth” defined.

555.1074          “Notice of violation” defined.

555.1075          “Notice of warning” defined.

555.1077          “Nursery stock” defined.

555.1083          “Packaged” defined.

555.109            “Under effective control” defined.

555.1093          Licensing exemption: “Ornamental plants intended for indoor decorative purposes” interpreted.

555.1095          Issuance of notice of warning.

555.1096          Application for license to conduct business as dealer of nursery stock: Submission for each business location; contents.

555.1098          Fee for issuance or renewal of license; penalty fee for late renewal.

555.115            Administrative fine: Submission of incomplete, fraudulent or deceptive information to obtain license.

555.118            Administrative fine: Sale of nursery stock without license.

555.121            Display of name and license number of licensee on vehicle used to deliver or install nursery stock; administrative fine.

555.125            Maintenance of business records by a dealer of nursery stock; administrative fine.

555.130            Labeling of nursery stock; administrative fine.

555.150            Storage and display of nursery stock; administrative fine.

555.155            Sale of nursery stock damaged by certain environmental or mechanical conditions; administrative fine.

555.160            Cleanliness of nurseries and nursery stock; administrative fine.

555.170            Waxed nursery stock prohibited; administrative fine.

555.175            Statement of age of nursery stock; administrative fine.

555.180            Pest classification.

555.190            Pest isolation and control; administrative fine.

555.200            Adoption by reference of standards for nursery stock.

555.210            Labels for nursery stock sold by grade or size classification; administrative fine.

555.221            Administrative fine: Prevention of or interference with inspection of nursery, business location or nursery stock.

555.223            Administrative fine: Falsification of inspection certificate or phytosanitary certificate.

555.225            Administrative fine: Shipment or receipt of nursery stock shipped without appropriate certificate.

555.231            Administrative fine: Failure to label shipment of nursery stock.

555.235            Administrative fine: Failure to treat, control, destroy or ship out infected nursery stock.

CUSTOM APPLICATION OF PESTICIDES

General Provisions

555.250            Definitions.

555.2502          “Agent” defined.

555.2503          “Bait station” defined.

555.2505          “Business location” defined.

555.2507          “Cooperative Extension Service” defined.

555.2508          “Device” defined.

555.25085        “Dosage” defined.

555.2509          “Dwelling unit” defined.

555.251            “Fumigation” defined.

555.252            “Immediate supervision” defined.

555.253            “Industrial complex” defined.

555.2535          “Industrial or institutional pest” defined.

555.254            “Institutional complex” defined.

555.2547          “Nonserious violation” defined.

555.255            “Operator” defined.

555.2552          “Ornamental” defined.

555.2554          “Preconstruction treatment” defined.

555.2555          “Primary principal” defined.

555.256            “Principal” defined.

555.2563          “Rodenticide” defined.

555.2567          “Serious violation” defined.

555.257            “Structural pest control” defined.

555.2572          “Subsequent offense” defined.

555.2575          “Tamper-resistant bait station” defined.

555.2577          “Wood-destroying fungi” defined.

555.258            “Wood-destroying pest” defined.

555.259            Exemption of gardeners: “Incidental” interpreted.

555.260            Miscellaneous exemptions.

Licensing

555.270            Types of licenses; restrictions on issuance; prerequisites to perform certain pest control work with fumigants.

555.280            Fields and categories.

555.290            Miscellaneous requirements and restrictions; amendment, inactivation and denial of license.

555.300            Permit to perform emergency application.

555.320            Qualifications for examination.

555.325            Qualifications for amendment of license to include additional categories of pest control.

555.330            Filing of application for examination; request for date of examination.

555.340            Examinations: Contents; passing score; retesting; exclusion.

555.350            Application for license: Form; pest control business. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

555.350            Application for license: Form; pest control business. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

555.360            Application for license: Primary principal, principal, operator or agent.

555.370            License in business of pest control: Qualifications.

555.371            Renewal of license for pest control business: Annual report.

555.372            Renewal of license for person engaged in pest control business: Requirements for continuing education.

555.374            Continuing education: Prerequisites for accreditation and receipt of credit; duties of sponsor; acceptable activities.

555.375            Continuing education: Notification of accreditation by Director.

555.376            Continuing education: Sponsorship by Department or Cooperative Extension Service.

555.377            Continuing education: Expiration, withdrawal, suspension or modification of accreditation.

555.380            Operator’s license: Qualifications.

555.385            Return of license to engage in pest control; notification of termination of employment.

555.395            Primary principal required for each business location; suspension of license for noncompliance.

555.397            Fees.

Standards of Practice

555.400            General requirements.

555.410            Required records and reports.

555.415            Restrictions on authority of unlicensed persons.

555.420            Prohibited materials and uses of pesticides.

555.425            Markings and equipment required on service vehicles of licensee.

555.427            Preconstruction treatment: Submission of form before performance; application of termiticide.

555.428            Preconstruction treatment: Tag.

555.430            Inspection or application of pesticide for wood-destroying pests: Report; tag; restriction on application.

555.440            Precautionary requirements.

555.445            Labels for service containers.

555.460            Protection of persons and animals.

555.470            Protection of bees.

555.510            Fumigation procedures.

Administrative Complaints

555.524            Definitions.

555.5243          “Administrative complaint” defined.

555.5245          “Committee” defined.

555.5247          “Enforcement action” defined.

555.525            “Informal case review” defined.

555.5253          “Informal disposition” defined.

555.5255          “Notice of warning” defined.

555.526            Contents; notification of options; notice of warning in lieu of serving complaint.

555.5265          Informal case review by committee.

555.527            Actions by Department upon committee decision.

555.5275          Service of documents.

Fines

555.530            Schedule of administrative fines.

CERTIFIED APPLICATORS

555.600            Definitions.

555.610            Exceptions.

555.613            Licensed primary principal commercial applicators: Fields; categories.

555.617            Certification of licensed primary principal commercial applicators; certification in category of fumigation.

555.620            Nonprimary principal commercial applicators: Categories.

555.630            Nonprimary principal commercial applicators: Standards.

555.640            Private applicators: Categories.

555.650            Private applicators: Standards.

555.655            Certificates for nonprimary principal commercial applicators and private applicators: Types; changes of information; amendments; terms.

555.660            Examinations for certification of nonprimary principal commercial applicators and private applicators: Application; subjects.

555.670            Examinations for certification of nonprimary principal commercial applicators and private applicators: General and specific; written, oral and practical; passing score; retesting; use of unauthorized aid.

555.680            Applications for certification of nonprimary principal commercial applicators and private applicators: Contents; proof of passing examination.

555.685            Renewal of certification of nonprimary principal commercial applicators and private applicators: Examination; continuing education; application.

555.690            Fees for issuance of certificates to nonprimary principal commercial applicators and private applicators.

555.700            Application of restricted-use pesticides by licensed primary principal commercial applicators, nonprimary principal commercial applicators and private applicators.

RODENT CONTROL DISTRICTS

555.800            Diamond Valley Rodent Control District.

555.810            Orovada Rodent Control District.

 

 

 

GENERAL PROVISIONS

      NAC 555.005  Definitions.  As used in this chapter, unless the context otherwise requires:

     1.  “Department” means the State Department of Agriculture.

     2.  “Director” means the Director of the Department.

     (Supplied in codification)

CLASSIFICATION OF WEEDS

      NAC 555.010  Designation and categorization of noxious weeds. (NRS 555.130)

     1.  The following weeds are designated noxious weeds:

     (a) Category A Weeds:

 

          (1) African rue.

(Peganum harmala)

          (2) Austrian fieldcress.

(Rorippa austriaca)

          (3) Austrian peaweed.

(Sphaerophysa salsula)

          (4) Black henbane.

(Hysocyamus niger)

          (5) Camelthorn.

(Alhagi pseudalhagi)

          (6) Common crupina.

(Crupina vulgaris)

          (7) Dalmatian toadflax.

(Linaria dalmatica)

          (8) Dyer’s woad.

(Isatis tinctoria)

          (9) Eurasian water-milfoil.

(Myriophyllum spicatum)

          (10) Giant reed.

(Arundo donax)

          (11) Giant salvinia.

(Salvinia molesta)

          (12) Goats rue.

(Galega officinalis)

          (13) Green fountain grass.

(Pennisetum setaceum)

          (14) Houndstongue.

(Cynoglossum officinale)

          (15) Hydrilla.

(Hydrilla verticillata)

          (16) Iberian starthistle.

(Centaurea iberica)

          (17) Klamath weed.

(Hypericum perforatum)

          (18) Malta starthistle.

(Centaurea melitensis)

          (19) Mayweed chamomile.

(Anthemis cotula)

          (20) Mediterranean sage.

(Salvia aethiopis)

          (21) Purple loosestrife.

(Lythrum salicaria, Lythrum virgatum and their cultivars)

          (22) Purple starthistle.

(Centaurea calcitrapa)

          (23) Rush skeletonweed.

(Chondrilla juncea)

          (24) Sow thistle.

(Sonchus arvensis)

          (25) Spotted knapweed.

(Centaurea maculosa)

          (26) Squarrose knapweed.

(Centaurea virgata)

          (27) Sulfur cinquefoil.

(Potentilla recta)

          (28) Syrian bean caper.

(Zygophyllum fabago)

          (29) Yellow starthistle.

(Centaurea solstitialis)

          (30) Yellow toadflax.

(Linaria vulgaris)

     (b) Category B Weeds:

          (1) Carolina horse nettle.

(Solanum carolinense)

          (2) Diffuse knapweed.

(Centaurea diffusa)

          (3) Leafy spurge.

(Euphorbia esula)

          (4) Medusahead.

(Taeniatherum caput-medusae)

          (5) Musk thistle.

(Carduus nutans)

          (6) Russian knapweed.

(Acroptilon repens)

          (7) Sahara mustard.

(Brassica tournefortii)

          (8) Scotch thistle.

(Onopordum acanthium)

          (9) White horse nettle.

(Solanum elaeagnifolium)

     (c) Category C Weeds:

          (1) Canada thistle.

(Cirsium arvense)

          (2) Hoary cress.

(Cardaria draba)

          (3) Johnson grass.

(Sorghum halepense)

          (4) Perennial pepperweed.

(Lepidium latifolium)

          (5) Poison Hemlock.

(Conium maculatum)

          (6) Puncture vine.

(Tribulus terrestris)

          (7) Salt cedar (tamarisk).

(Tamarix spp.)

          (8) Water Hemlock.

(Cicuta maculata)

     2.  Category A weeds are weeds that are generally not found or that are limited in distribution throughout the State. Such weeds are subject to:

     (a) Active exclusion from the State and active eradication wherever found.

     (b) Active eradication from the premises of a dealer of nursery stock.

     3.  Category B weeds are weeds that are generally established in scattered populations in some counties of the State. Such weeds are subject to:

     (a) Active exclusion where possible.

     (b) Active eradication from the premises of a dealer of nursery stock.

     4.  Category C weeds are weeds that are generally established and generally widespread in many counties of the State. Such weeds are subject to active eradication from the premises of a dealer of nursery stock.

     5.  As used in this section, “dealer of nursery stock” has the meaning ascribed to it in NRS 555.23525.

     [Dep’t of Agriculture, No. 55.11, eff. 5-25-62; A 5-1-68]—(NAC A by St. Quarantine Officer, 8-9-94; R191-99, 8-7-2000; R097-01, 5-1-2002; R003-03, 9-24-2003; R109-04, 10-5-2004; R028-05, 10-31-2005; R020-06, 6-28-2006; R156-08, 2-11-2009)

WEED CONTROL DISTRICTS

      NAC 555.035  Paradise Valley Weed Control District: Weeds subject to control. (NRS 555.130, 555.209)  The following weeds are subject to control in the Paradise Valley Weed Control District:

     1.  Austrian fieldcress.

(Rorippa austriaca)

     2.  Austrian peaweed.

(Sphaerophysa salsula)

 

(Swainsona salsula)

     3.  Camelthorn.

(Alhagi camelorum)

     4.  Curly Dock.

(Rumex crispus)

     5.  Dodder.

(Cuscuta spp.)

     6.  Field bindweed.

(Convolvulus arvensis)

     7.  Klamath weed.

(Hypericum perforatum)

     8.  Hemlock:

 

     (a) Poison; and

(Conium maculatum)

     (b) Water.

(Cicuta spp.)

     9.  Horse nettle:

 

     (a) Carolina; and

(Solanum carolinense)

     (b) White.

(Solanum elaeagnifolium)

     10.  Knapweed:

 

     (a) Diffuse; and

(Centaurea diffusa)

     (b) Russian.

(Centaurea repens)

     11.  Leafy spurge.

(Euphorbia esula)

     12.  Licorice.

(Glycyrrhiza lepidota)

     13.  Mediterranean sage.

(Salvia aethiopis)

     14.  Medusa head rye.

(Elymus caput-medusae)

     15.  Perennial pepperweed.

(Lepidium latifolium)

     16.  Puncture vine.

(Tribulus terrestris)

     17.  Sorghum species, perennial, including, but not limited to:

 

     (a) Johnson grass;

 

     (b) Sorghum alum; and

 

     (c) Perennial sweet sudan.

 

     18.  Thistle:

 

     (a) Canada;

(Cirsium arvense)

     (b) Musk;

(Carduus nutans)

     (c) Scotch;

(Onopordum acanthium)

     (d) Sow;

(Sonchus arvensis)

     (e) Iberian star;

(Centaurea iberica)

     (f) Purple star; and

(Centaurea calcitrapa)

     (g) Yellow star.

(Centaurea solstiltialis)

     19.  Toadflax, dalmatian.

(Linaria dalmatica)

     20.  Whitetop or hoary cress.

(Cardaria draba, Lepidium draba,

 

L. repens, Hymenophysa pubescens)

     (Added to NAC by Bd. of Agriculture, eff. 3-27-92; A by St. Quarantine Officer by R027-05, 10-31-2005)

      NAC 555.036  Paradise Valley Weed Control District: Powers and duties. (NRS 555.209)

     1.  When considering chemical control of designated weeds, the Board of Directors of the Paradise Valley Weed Control District shall follow the directions for the use of chemicals approved by the United States Department of Environmental Protection.

     2.  When considering the mechanical control of designated weeds, the Board shall determine the method to be used.

     3.  The District may inspect machinery capable of disseminating the propagating parts of any weeds designated for control from moving into and within the District. If upon inspection the machinery is found to be infested with propagating parts of weed, it must be cleaned in a manner approved by the District.

     4.  If a landowner refuses to allow the District to control a designated weed on his or her property, the Board may request the Director to initiate legal proceedings as provided by law.

     (Added to NAC by Bd. of Agriculture, eff. 3-27-92)

      NAC 555.040  Ruby Weed Control District: Weeds subject to control. (NRS 555.130, 555.209)  The weeds subject to control within the Ruby Weed Control District are those weeds designated in NAC 555.010.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88; A by St. Quarantine Officer by R148-98, 12-14-98)

      NAC 555.041  Ruby Weed Control District: Chemical control of weeds. (NRS 555.209)  When considering chemical control of designated weeds, the Board of Directors of the Ruby Weed Control District shall follow the latest recommendations of the University of Nevada, Reno, and the Department.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88)

      NAC 555.042  Ruby Weed Control District: Mechanical control of weeds. (NRS 555.209)  When considering mechanical control of designated weeds the Board shall determine the method to be used.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88)

 

      NAC 555.043  Ruby Weed Control District: Inspections. (NRS 555.209)  The District may inspect any medium used in agricultural production including machinery, livestock, forage, feed grain and seed for planting which is moving to or within the District and is capable of spreading weeds designated for control by the District. If upon inspection the agricultural medium is found to be infested with viable reproductive parts of a designated weed, it must be treated in a manner approved by the District.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88)

      NAC 555.044  Ruby Weed Control District: Initiation of legal proceedings. (NRS 555.209)  If a farmer, rancher or landowner refuses to allow the District to control a designated weed on his or her property or refuses to perform the necessary control measures in a manner acceptable to the District, the Board of Directors may request the Director to initiate legal proceedings as provided by law.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88)

      NAC 555.045  Ruby Weed Control District: Cooperation with persons outside of District. (NRS 555.209)  The District may cooperate financially or otherwise with any landowner or political subdivision outside of the District infested with a weed subject to control within the District if the infestation renders a potential problem to the control of weeds within the District.

     (Added to NAC by Dep’t of Agriculture, eff. 5-19-88)

      NAC 555.050  Diamond Valley Weed Control District: Weeds subject to control. (NRS 555.209)  The following weeds are subject to control within the District:

 

                                                            Noxious Weeds

     1.  Austrian fieldcress.

(Rorippa austriaca)

     2.  Austrian peaweed.

(Sphaerophysa salsula)

 

(Swainsona salsula)

     3.  Camelthorn.

(Alhagi camelorum)

     4.  Klamath weed.

(Hypericum perforatum)

     5.  Hemlock:

 

     (a) Poison; and

(Conium maculatum)

     (b) Water.

(Cicuta douglasii)

     6.  Horse nettle:

 

     (a) Carolina; and

(Solanum carolinense)

     (b) White.

(Solanum elaeagnifolium)

     7.  Knapweed:

 

     (a) Diffuse; and

(Centaurea diffusa)

     (b) Russian.

(Centaurea repens)

     8.  Leafy spurge.

(Euphorbia esula)

     9.  Licorice.

(Glycyrrhiza lepidota)

     10.  Mediterranean sage.

(Salvia aethiopis)

     11.  Medusa head rye.

(Elymus caput-medusae)

     12.  Puncture vine.

(Tribulus terrestris)

     13.  Sorghum species, perennial, such as, but not limited to:

 

     (a) Johnson grass;

 

     (b) Sorghum alum; and

 

     (c) Perennial sweet sudan.

 

     14.  Thistle:

 

     (a) Canada;

(Cirsium arvense)

     (b) Musk;

(Carduus nutans)

     (c) Scotch;

(Onopordum acanthium)

     (d) Sow;

(Sonchus arvensis)

     (e) Iberian star;

(Centaurea iberica)

     (f) Purple star; and

(Centaurea calcitrapa)

     (g) Yellow star.

(Centaurea solstiltialis)

     15.  Toadflax, dalmatian.

(Linaria dalmatica)

     16.  Whitetop or hoary cress.

(Cardaria draba, C. pubescens,

 

Lepidium latifolium, L. repens)

 

                                                              Other Weeds

     1.  Bindweed, field.

(Convolvulus arvensis)

     2.  Foxtail barley.

(Hordeum jubatum)

     3.  Poverty weed.

(Iva axillaris)

     [Dep’t of Agriculture, eff. 6-18-70; A 2-15-77]

      NAC 555.060  Diamond Valley Weed Control District: Methods of control; inspections; legal proceedings. (NRS 555.209)

     1.  When considering chemical control of designated weeds the Board of Directors of the Diamond Valley Weed Control District shall follow the latest recommendations of the University of Nevada, Reno, and the Department.

     2.  When considering mechanical control of designated weeds the Board shall determine the method to be used.

     3.  The District may inspect machinery capable of disseminating the propagating parts of any of the weeds designated for control moving from, to and within the District. If upon inspection the machinery is found to be infested with the propagating parts of designated weeds, it must be cleaned in a manner approved by the District.

     4.  If a landowner refuses to allow the District to control a designated weed on his or her property, the District may request the Director to initiate legal proceedings as provided by law.

     [Dep’t of Agriculture, eff. 6-18-70; A 2-15-77]

      NAC 555.070  Douglas County Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District. (NRS 555.130, 555.209)

     1.  The following weeds are subject to control within the Douglas County Weed Control District:

     (a) Canada thistle (Cirsium spp.);

     (b) Puncture vine (Tribulus spp.);

     (c) Russian knapweed (Centaurea spp.);

     (d) Whitetop (Cardaria spp., Lepidium spp.);

     (e) Yellow star thistle (Centaurea spp.); and

     (f) Diffuse knapweed (Centaurea diffusa).

     2.  The control of any designated weed by the application of a chemical (herbicide) must be in accordance with the latest recommendations issued cooperatively by the University of Nevada, Reno, and the Department.

     3.  When chemical control is not feasible, mechanical methods to prevent seeding or storage of food may be used under the direction of the Weed Control Officer.

     4.  Any medium used in agricultural production moving from, to or within the District which is capable of spreading weeds designated for control by the District is subject to inspection by a director or the Weed Control Officer. If it is found infested with viable reproductive parts of a designated weed, a director or the Weed Control Officer may order the medium treated or cleaned by using methods and procedures approved by the director or Weed Control Officer.

 

 

     5.  If any person refuses to allow the District to control designated weeds on his or her land or refuses to perform the necessary control measures in a manner acceptable to the District, the District Board of Directors may request the initiation of legal action by the Director of the Department as provided by law.

     6.  The District may cooperate financially or otherwise with any owner of land or political subdivision outside of the District infested with a weed subject to control within the District if the infestation renders a potential problem to the control of weeds within the District.

     [Dep’t of Agriculture, eff. 2-27-70]—(NAC A by St. Quarantine Officer, 7-14-92)

      NAC 555.075  Goose Creek Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District. (NRS 555.130, 555.209)

     1.  The designated weeds subject to control within the Goose Creek Weed Control District are:

     (a) Those noxious weeds specified in NAC 555.010; and

     (b) Larkspur.

     2.  When considering chemical control of designated weeds, the Board of Directors of the Goose Creek Weed Control District shall follow the latest recommendations of the University of Nevada, Reno, and the Department.

     3.  When considering mechanical control of designated weeds, the Board of Directors shall determine the method to be used.

     4.  The District may inspect any medium used in agricultural production, including, without limitation, machinery, livestock, forage, feed grain and seed for planting, which is moving to or within the District and is capable of spreading weeds designated for control by the District. If upon inspection the agricultural medium is found to be infested with viable reproductive parts of a designated weed, the medium used in agricultural production must be treated in a manner approved by the District.

     5.  If a farmer, rancher or landowner refuses to allow the District to control a designated weed on his or her property or refuses to perform the necessary control measures in a manner acceptable to the District, the Board of Directors may request the Director to initiate legal proceedings as provided by law.

     6.  The District may cooperate financially with a subdivision outside the District which is infested with a weed that is subject to control within the District if that infestation renders a potential problem to the control of weeds within the District.

     (Added to NAC by Bd. of Agriculture, eff. 3-27-92; A by St. Quarantine Officer by R148-98, 12-14-98; R028-05, 10-31-2005)

      NAC 555.080  Lovelock Valley Weed Control District: Weeds subject to control; methods of control; legal proceedings; inspections; limitation of terms and recall of director of District. (NRS 555.209)

     1.  The following weeds are subject to control within the Lovelock Valley Weed Control District:

     (a) Whitetop (Cardaria spp., Lepidium spp.);

     (b) Knapweed (Centaurea spp.);

     (c) Puncture vine (Tribulus spp.); and

     (d) Licorice (Glycyrrhiza spp.).

     2.  The control of any designated weed by the application of a chemical (herbicide) must be in accordance with the latest recommendations issued cooperatively by the University of Nevada, Reno, and the Department. In areas where chemical control is not feasible, other methods of weed control approved by the directors of the District must be used.

     3.  If a farmer or landowner refuses to allow the District to control designated weeds on his or her land, or refuses to perform the necessary control measures in a manner acceptable to the District, the directors may request the initiation of legal action by the Director of the Department as provided by law.

     4.  Any medium used in agricultural production moving from, to and within the District that is capable of spreading weeds designated for control by the District is subject to inspection by a district director or Weed Control Officer. If it is found infested with viable reproductive parts of a designated weed, the director or the Weed Control Officer may order the item treated or cleaned.

     5.  Any livestock originating outside of the District must be penned on the owner’s property or in other suitable corrals for not less than 36 hours immediately upon arrival in the District.

     6.  All seed to be planted within the Lovelock Valley Weed Control District is subject to inspection by the District or a Weed Control Officer. Seed must be free from the designated weeds within the District.

     7.  All incoming forage and feed grain is subject to inspection by the District or a Weed Control Officer unless such forage and feed grain is destined to a mill approved by the District. The District shall adopt standards for controlling the dissemination of weed seeds in and around mills.

     8.  A director is limited to two successive terms. Recall procedures must be initiated by the county commissioners upon receiving a petition signed by 51 percent of the landowners or tenants within the District.

     [Dep’t of Agriculture, eff. 5-12-70]

      NAC 555.090  Walker River Weed Control District: Weeds subject to control; methods of control; legal proceedings. (NRS 555.130, 555.209)

     1.  The Walker River Weed Control District is created for the control of designated noxious weeds within the prescribed boundaries.

     2.  Weeds to be controlled are limited to the following:

     (a) Whitetop (Cardaria spp., Lepidium spp.);

     (b) Knapweed (Centaurea spp.);

     (c) Canada thistle (Cirsium spp.);

     (d) Musk thistle (Carduus spp.);

     (e) Scotch thistle (Onopordum spp.);

     (f) Yellow star thistle (Centaurea spp.);

     (g) Puncture vine (Tribulus spp.); and

     (h) Licorice (Glycyrrhiza spp.).

     3.  The control of any designated weed by the application of a chemical (herbicide) must be in accordance with the latest recommendations issued cooperatively by the University of Nevada, Reno, and the Department. In areas where chemical control is not feasible, other approved methods of weed control must be used.

     4.  A diligent effort must be made to conduct control measures against every infestation of these weeds within the District at no direct charge to the landowner regardless of size or location of the infestation.

     5.  The District shall make no separate charge or assessment to any person for weed control on his or her property except by agreement made before the work is started.

     6.  The District shall have no regulation for the indirect control of noxious weeds by regulation of possible carriers.

     7.  If a farmer or landowner refuses to allow the District to control designated noxious weeds on his or her land, or refuses to perform the necessary control measures in a manner acceptable to the District, the director may request the initiation of legal action by the Director of the Department as provided by law.

     [Dep’t of Agriculture, eff. 2-25-70]—(NAC A by St. Quarantine Officer by R148-98, 12-14-98)

 

      NAC 555.095  Lamoille Weed Control District: Weeds subject to control; methods of control; inspections; legal proceedings; cooperation with subdivision outside of District. (NRS 555.130, 555.209)

     1.  The weeds subject to control within the Lamoille Weed Control District are those weeds designated in NAC 555.010.

     2.  When considering the control of a designated weed by the application of a chemical, the Board of Directors of the District shall follow the latest recommendations of the University of Nevada, Reno, and the Department.

     3.  When considering the control of a designated weed by mechanical methods, the Board of Directors of the District shall determine the method to be used.

     4.  A director of the District or the Weed Control Officer may inspect any medium used in agricultural production, including, without limitation, machinery, livestock, forage, feed grain and seed for planting, which is moving from, to or within the District and is capable of spreading a designated weed. If, upon inspection, the medium is found to be infested with viable reproductive parts of a designated weed, the director of the District or the Weed Control Officer may order the medium to be treated or cleaned by using methods and procedures approved by the director or Weed Control Officer.

     5.  If a farmer, rancher or owner of land in the District refuses to allow the District to control a designated weed on his or her property or refuses to perform the necessary control measures in a manner acceptable to the District, the Board of Directors of the District may request that the Director of the Department initiate legal proceedings as provided by law.

     6.  The District may cooperate financially or otherwise with:

     (a) An owner of land; or

     (b) A political subdivision,

Ê whose land is located outside of the District and is infested with a weed designated for control by the District, if the infestation renders a potential problem to the control of weeds within the District.

     (Added to NAC by St. Quarantine Officer, eff. 10-23-97; A by R148-98, 12-14-98)

REGULATION OF DEALERS OF NURSERY STOCK

      NAC 555.100  Definitions. (NRS 555.243)  As used in NAC 555.100 to 555.235, inclusive, unless the context otherwise requires, the words and terms defined in NAC 555.1005 to 555.109, inclusive, have the meanings ascribed to them in those sections.

     [Dep’t of Agriculture, No. 55.60, eff. 10-1-60]—(NAC A 11-17-87; 11-2-92; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R051-00 & R060-00, 6-15-2000; R251-03, 3-18-2004; R156-08 & R168-08, 2-11-2009)

      NAC 555.1005  “Balled nursery stock” defined. (NRS 555.243)  “Balled nursery stock” means nursery stock that is removed from its growing site with a ball of soil that encloses an intact portion of the root system of the nursery stock. The term includes all such stock whether or not the root ball is encased in burlap, a wire basket or other similar material that holds the root ball in place.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.101  “Bare-root nursery stock” defined. (NRS 555.243)  “Bare-root nursery stock” means any plant for transplanting that is removed from a growing site with its root system substantially free from soil.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by R251-03, 3-18-2004)

      NAC 555.1014  “Business location” defined. (NRS 555.243)  “Business location” means any location in this State where a person conducts business as a dealer of nursery stock.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.1017  “Business record” defined. (NRS 555.243)  “Business record” means any document generated in the course of the conduct of business as a dealer of nursery stock that is relevant to ascertain compliance with NRS 555.235 to 555.249, inclusive, or NAC 555.100 to 555.235, inclusive. The term includes, without limitation, an invoice, inspection certificate, quarantine certificate, phytosanitary certificate and shipping manifest.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.102  “Commercially clean” defined. (NRS 555.243)  “Commercially clean” means that common pests are under effective control and nursery stock offered for sale is in healthy condition.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by R051-00, 6-15-2000)

      NAC 555.1025  “Common pest” defined. (NRS 555.243)  “Common pest” means an established pest of general distribution within this State.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87)

      NAC 555.103  “Containerized stock” defined. (NRS 555.243)  “Containerized stock” means any plant that is planted in a container in soil or in another growing medium that is capable of sustaining normal plant growth.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by R251-03, 3-18-2004)

      NAC 555.1035  “Dangerously injurious pest” defined. (NRS 555.243)  “Dangerously injurious pest” means a pest which:

     1.  Constitutes a significant threat to the agricultural, forest or horticultural interests of this State, to the public or to the general environmental quality of this State; and

     2.  Is not known to exist in this State or has a limited existence in this State.

     (Added to NAC by Dep’t of Agriculture by R051-00, eff. 6-15-2000)

      NAC 555.1045  “Dealer of nursery stock” defined. (NRS 555.243)  “Dealer of nursery stock” has the meaning ascribed to it in NRS 555.23525.

     (Added to NAC by Dep’t of Agriculture by R156-08, eff. 2-11-2009)

      NAC 555.106  “Eradicated” defined. (NRS 555.243)  A pest is “eradicated” if it has been subjected to pest control practices, and repeated inspections under favorable conditions have failed to reveal the pest. The number of repeated inspections will be determined by the Director in accordance with scientific knowledge of the pest involved.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by R251-03, 3-18-2004)

      NAC 555.1065  “Etiolated growth” defined. (NRS 555.243)  “Etiolated growth” means plant growth that is bleached, whitened, weak or elongated, usually as a result of insufficient light.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.1074  “Notice of violation” defined. (NRS 555.243, 555.2485)  “Notice of violation” means a nursery inspection report or an interview notice issued by the Department which:

     1.  Sets forth the statute or regulation that has been violated;

     2.  Sets forth what must be done with the nursery stock found in violation; and

     3.  Is signed by:

     (a) A representative of the Department; and

     (b) The person who is in violation of the statute or regulation.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98)

      NAC 555.1075  “Notice of warning” defined. (NRS 555.243, 555.2485)  “Notice of warning” means a written notice issued by the Department which sets forth:

     1.  The statute or regulation that has been violated; and

     2.  Any action which must be taken by the person in violation to remedy the violation.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98)

      NAC 555.1077  “Nursery stock” defined. (NRS 555.243)  “Nursery stock” has the meaning ascribed to it in NRS 555.23562.

     (Added to NAC by Dep’t of Agriculture by R156-08 & R168-08, eff. 2-11-2009)

      NAC 555.1083  “Packaged” defined. (NRS 555.243)  “Packaged” means any plant or plant part packed in moisture-retaining material that is wrapped and sealed in plastic or other material to hold the contents in place.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.109  “Under effective control” defined. (NRS 555.243)  A pest is “under effective control” if it has been subjected to pest control practices, and an inspection reveals no more than a few of the pests on no more than a few plants in the block or lot of nursery stock.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by R051-00, 6-15-2000; R251-03, 3-18-2004)

      NAC 555.1093  Licensing exemption: “Ornamental plants intended for indoor decorative purposes” interpreted. (NRS 555.236, 555.243)  The Director interprets the phrase “ornamental plants intended for indoor decorative purposes,” as used in NRS 555.236, to mean plants that are cultivated exclusively for indoor use.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.1095  Issuance of notice of warning. (NRS 555.243, 555.2485)

     1.  A notice of warning may be issued by the Department for a first violation of any provision of chapter 555 of NRS or this chapter unless the violation was:

     (a) The failure to comply with the disposition statement on a notice of violation within the time allowed pursuant to the notice of violation; or

     (b) An intentional violation that would:

          (1) Defraud a consumer; or

          (2) Cause the nursery stock to be unsuitable for its intended purpose.

     2.  An administrative fine will not be assessed with a notice of warning issued pursuant to this section.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98)

      NAC 555.1096  Application for license to conduct business as dealer of nursery stock: Submission for each business location; contents. (NRS 555.236, 555.237, 555.243)

     1.  A person who wishes to conduct business as a dealer of nursery stock must submit a separate application for each business location.

     2.  An applicant for a license to conduct business as a dealer of nursery stock shall provide all the information required on the application form provided by the Director, including, without limitation:

     (a) The name of the applicant;

     (b) The name and mailing address of the business under which the applicant intends to conduct business and the telephone and facsimile numbers and e-mail address, if any, of the business;

     (c) The physical address and the telephone and facsimile numbers and e-mail address, if any, of the location where business is conducted;

 

 

     (d) The physical address of the location where the business records are maintained; and

     (e) The primary type of business and nursery stock to be sold.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.1098  Fee for issuance or renewal of license; penalty fee for late renewal. (NRS 555.238, 555.239)

     1.  Except as otherwise provided in NRS 555.236, the Director shall, for the issuance or renewal of a license, charge and collect an annual fee pursuant to the following schedule:

     (a) Except as otherwise provided in paragraphs (c) and (d), for each business location of a dealer of nursery stock, $175.

     (b) For each acre of nursery stock in production, or portion thereof after the first acre, $25 up to a maximum additional fee of $250.

     (c) For a peddler, $250.

     (d) For each business location of a dealer of nursery stock who makes only occasional sales and who has not obtained a waiver from the requirements for licensing pursuant to NRS 555.236, $75.

     2.  If a licensee applies for the renewal of his or her license after July 1, the Director shall, pursuant to NRS 555.239, charge and collect, in addition to the annual fee for renewal of the license, a penalty fee of $75.

     3.  As used in this section:

     (a) “Occasional sales” has the meaning ascribed to it in NRS 555.236.

     (b) “Peddler” has the meaning ascribed to it in NRS 555.2357.

     (Added to NAC by Bd. of Agriculture by R060-00, eff. 6-15-2000; A by R240-03, 3-18-2004; R092-11, 12-30-2011)

      NAC 555.115  Administrative fine: Submission of incomplete, fraudulent or deceptive information to obtain license. (NRS 555.243, 555.2485)  A person who knowingly submits incomplete, fraudulent or deceptive information to the Director to obtain a license to conduct business as a dealer of nursery stock shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $150.

     2.  For the second violation, $250.

     3.  For the third and any subsequent violation, $500.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.118  Administrative fine: Sale of nursery stock without license. (NRS 555.243, 555.2485)  A person who sells nursery stock without first obtaining a license from the Director, in violation of NRS 555.236, shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $250.

     2.  For the second violation, $500.

     3.  For the third and any subsequent violation, $1,000.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)—(Substituted in revision for NAC 555.215)

      NAC 555.121  Display of name and license number of licensee on vehicle used to deliver or install nursery stock; administrative fine. (NRS 555.243, 555.2485)

     1.  A licensee who uses a service vehicle to deliver or install nursery stock shall display the name and license number of the business on each side of the vehicle as set forth in subsections 2 and 3.

     2.  The name and license number of the business displayed on a service vehicle must be:

     (a) The same as the name and license number on the license; and

     (b) Displayed using letters and numerals that are:

 

          (1) Plain and legible;

          (2) At least 2 inches in height; and

          (3) In a color that contrasts with the color of the service vehicle.

     3.  The license number of the business displayed on a service vehicle must be preceded by the letters “NSDL.”

     4.  A licensee who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $75.

     (b) For the second violation, $200.

     (c) For the third and any subsequent violation, $300.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.125  Maintenance of business records by a dealer of nursery stock; administrative fine. (NRS 555.243, 555.2485)

     1.  A person who conducts business as a dealer of nursery stock shall maintain a business record for not less than 3 years after the record is generated.

     2.  A licensee who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $75.

     (b) For the second violation, $150.

     (c) For the third and any subsequent violation, $300.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004; A by R156-08, 2-11-2009)

      NAC 555.130  Labeling of nursery stock; administrative fine. (NRS 555.243, 555.247, 555.2485)

     1.  In addition to the requirements set forth in NAC 555.210, all nursery stock sold or offered for sale must be labeled plainly and legibly with the correct botanical or commonly accepted name, or both. Nursery stock on display for sale may be labeled by a suitable sign on a block of stock of the same kind and species.

     2.  In addition to the requirements set forth in subsection 1, balled nursery stock which is sold or offered for sale in containers must be labeled plainly and legibly as “balled nursery stock.” Such a label may include, without limitation, the following:

     (a) “Balled and burlapped”;

     (b) “Balled and potted”;

     (c) “Field potted”; or

     (d) “Potted balled and burlapped.”

     3.  A person who fails to label or label correctly nursery stock in violation of this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $75.

     (b) For the second violation, $100.

     (c) For the third and any subsequent violation, $200.

     [Dep’t of Agriculture, No. 55.63, eff. 10-1-60]—(NAC A 11-17-87; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004; R168-08, 2-11-2009)

      NAC 555.150  Storage and display of nursery stock; administrative fine. (NRS 555.243, 555.2485)

     1.  Only sound, healthy nursery stock stored or displayed under conditions which will maintain its vigor may be offered for sale.

     2.  Any person who displays or stores nursery stock shall maintain the following standards:

 

 

     (a) Nursery stock must be maintained in a manner that will protect its roots from excessive heat, drying or other adverse conditions.

     (b) The root ball of balled nursery stock must be kept moist at all times and in a moisture-retaining material at a depth sufficient to cover 75 percent of the ball.

     (c) Bare-root nursery stock must be kept under conditions of temperature, light and moisture that retard etiolated or other abnormal growth and maintain viability. Moisture must be supplied to the root system, and the roots must be covered with moisture-retaining material.

     (d) Containerized stock and potted balled nursery stock enclosed in a container must be kept and displayed under growing conditions of temperature, light and moisture sufficient to maintain viability and vigor. The potting medium must cover all the roots of the stock.

     (e) Packaged nursery stock must be stored and displayed under conditions of temperature and light that will retard etiolated growth or other abnormal growth, ensure adequate moisture and prevent damage to the root system from excessive heat or cold.

     (f) Woody-stemmed deciduous stock must have a moist, green cambium in the stems and branches and include viable buds or normal growth. Etiolated growth from individual buds must not be more than 4 inches long.

     (g) Balled nursery stock must have a moist, green cambium in the stems and branches, include viable buds or normal growth and possess healthy, viable roots. Root balls must:

          (1) Encompass enough of the fibrous and feeding root system as necessary to ensure the full recovery of the stock; and

          (2) Meet or exceed the size specified in the American Standard for Nursery Stock, as adopted by reference pursuant to NAC 555.200.

     (h) Nursery stock containers or root balls must be free from noxious weeds and commercially clean of common weeds.

     (i) Nursery stock grown in a container must have a root system that is sufficiently well-developed to reach the sides of the container so that the root ball of the stock remains reasonably intact upon removing it from the container at the point of sale.

     3.  A person who displays, stores or offers for sale nursery stock in violation of this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $100.

     (b) For the second violation, $300.

     (c) For the third and any subsequent violation, $500.

     [Dep’t of Agriculture, No. 55.65, eff. 10-1-60]—(NAC A 11-17-87; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004; R079-08, 9-18-2008)

      NAC 555.155  Sale of nursery stock damaged by certain environmental or mechanical conditions; administrative fine. (NRS 555.243, 555.2485)

     1.  A dealer of nursery stock shall not sell nursery stock that is damaged by an environmental or mechanical condition if the damage is:

     (a) Likely to inhibit normal growth and development;

     (b) To the branches of the nursery stock and cannot be corrected with selective pruning; or

     (c) To the cambium layer of the trunk of the nursery stock and is not less than 50 percent of the circumference of the trunk.

     2.  As used in this section, “environmental or mechanical condition” includes, without limitation:

     (a) Transportation and handling;

     (b) Frost cracking;

     (c) Pruning;

     (d) Sunscald;

     (e) The roots of the nursery stock being abnormally pot-bound; and

     (f) Girdling of the roots.

 

     3.  A licensee who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $100.

     (b) For the second violation, $300.

     (c) For the third and any subsequent violation, $500.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.160  Cleanliness of nurseries and nursery stock; administrative fine. (NRS 555.243, 555.2485)

     1.  Any person selling, delivering, offering for sale or growing nursery stock shall maintain the following standards of cleanliness for all nursery stock and for the premises on which any nursery stock is grown, held or offered for sale:

     (a) All nurseries and nursery stock must be free of dangerously injurious pests and commercially clean of common pests.

     (b) Infestations or infections of pests that may develop in nurseries or on nursery stock are subject to the following minimum requirements:

          (1) A dangerously injurious pest must be eradicated.

          (2) A common pest must be under effective control.

     2.  A person who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $100.

     (b) For the second violation, $200.

     (c) For the third and any subsequent violation, $500.

     [Dep’t of Agriculture, No. 55.66, eff. 10-1-60]—(NAC A 11-17-87; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R051-00, 6-15-2000; R251-03, 3-18-2004)

      NAC 555.170  Waxed nursery stock prohibited; administrative fine. (NRS 555.243, 555.2485)

     1.  All nursery stock, plants, budwood, grafts, scions or any other plant part used for propagating purposes must be free of paraffin, wax or other coating, covering or material which, because of its opacity, thickness or color, interferes with or prohibits the free and unhampered examination and inspection of the aerial portion thereof.

     2.  A person who violates this section shall, after notice and hearing, for each violation pay an administrative fine of $100.

     [Dep’t of Agriculture, No. 55.69, eff. 10-1-60]—(NAC A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.175  Statement of age of nursery stock; administrative fine. (NRS 555.243, 555.2485)

     1.  If the age of nursery stock is stated on any advertisement, label or sign in connection with the sale or offering for sale or distribution of that stock, the age must be stated in years from the time at which the nursery stock was propagated. Each year must indicate the completion in autumn of one seasonal period of growth.

     2.  A person who violates this section shall, after notice and hearing, for each violation pay an administrative fine of $100.

     (Added to NAC by Dep’t of Agriculture, eff. 11-17-87; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.180  Pest classification. (NRS 555.243)  The Director may determine the classification as between dangerously injurious pest and common pest for all pest infestations found on nursery stock and publish a list of classifications for those pests.

     [Dep’t of Agriculture, No. 55.67, eff. 10-1-60]—(NAC A 11-17-87; R051-00, 6-15-2000)

 

      NAC 555.190  Pest isolation and control; administrative fine. (NRS 555.243, 555.248, 555.2485)

     1.  The Director may require by a written order that any nursery stock found infested or infected be isolated in a manner approved by the Director, and may specify that the infestation or infection be controlled or eradicated within a reasonable specified length of time.

     2.  A person who fails to control or eradicate the infestation or infection within the length of time specified by the written order in violation of this section shall, after notice and hearing, for each violation pay an administrative fine of $200.

     [Dep’t of Agriculture, No. 55.68, eff. 10-1-60]—(NAC A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.200  Adoption by reference of standards for nursery stock. (NRS 555.243)

     1.  The Department hereby adopts by reference the 1996 edition of American Standard for Nursery Stock.

     2.  This publication is available from the American Nursery and Landscape Association, 1000 Vermont Avenue, N.W., Suite 300, Washington, D.C. 20005-4914, for the price of $15.

     [Dep’t of Agriculture, No. 55.71, eff. 10-1-60]—(NAC A 11-17-87; 11-2-92; A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.210  Labels for nursery stock sold by grade or size classification; administrative fine. (NRS 555.243, 555.2485)

     1.  In addition to the requirements set forth in NAC 555.130, all nursery stock when offered for sale or sold by grade or size classification must have securely attached in a conspicuous place to each piece of nursery stock or to each container thereof, if sold individually, or securely attached to each bundle or lot when bundled or sold as a single lot of one kind, grade or size, a label plainly and legibly printed or written stating the grade or size of the nursery stock at the time it is sold or delivered. The designated grade or size statement must conform to the standards of grade or size classification set forth in the American Standard for Nursery Stock, as adopted by reference pursuant to NAC 555.200, approved for use in this State, and the label must not contain any word, character or device which obscures the meaning of this designation or statement as to grade and size.

     2.  A person who violates this section shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     (a) For the first violation, $100.

     (b) For the second violation, $200.

     (c) For the third and any subsequent violation, $300.

     [Dep’t of Agriculture, No. 55.70, eff. 10-1-60]—(NAC A by Div. of Agriculture by R228-97, 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004; R168-08, 2-11-2009)

      NAC 555.221  Administrative fine: Prevention of or interference with inspection of nursery, business location or nursery stock. (NRS 555.243, 555.2485)  A person who prevents or interferes with the inspection of a nursery or other business location, or any nursery stock at the nursery or other business location, in violation of NRS 555.244 shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $250.

     2.  For the second violation, $500.

     3.  For the third and any subsequent violation, $1,000.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

 

      NAC 555.223  Administrative fine: Falsification of inspection certificate or phytosanitary certificate. (NRS 555.243, 555.2485)  A person who falsifies an inspection certificate or phytosanitary certificate shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $250.

     2.  For the second violation, $500.

     3.  For the third and any subsequent violation, $1,000.

     (Added to NAC by Dep’t of Agriculture by R251-03, eff. 3-18-2004)

      NAC 555.225  Administrative fine: Shipment or receipt of nursery stock shipped without appropriate certificate. (NRS 555.243, 555.2485)  A person who ships or receives nursery stock in violation of NRS 555.246 shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $250.

     2.  For the second violation, $350.

     3.  For the third and any subsequent violation, $500.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.231  Administrative fine: Failure to label shipment of nursery stock. (NRS 555.243, 555.2485)  A person who fails to label a shipment of nursery stock in violation of NRS 555.247 shall, after notice and hearing, for each violation pay an administrative fine of $250.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

      NAC 555.235  Administrative fine: Failure to treat, control, destroy or ship out infected nursery stock. (NRS 555.243, 555.2485)  A person who fails to treat, keep under his or her control, destroy or ship out of this State any infected nursery stock in violation of NRS 555.248 shall, after notice and hearing, for each violation pay an administrative fine in accordance with the following:

     1.  For the first violation, $200.

     2.  For the second violation, $300.

     3.  For the third and any subsequent violation, $500.

     (Added to NAC by Div. of Agriculture by R228-97, eff. 6-23-98; A by Dep’t of Agriculture by R251-03, 3-18-2004)

CUSTOM APPLICATION OF PESTICIDES

General Provisions

      NAC 555.250  Definitions. (NRS 555.400)  As used in NAC 555.250 to 555.530, inclusive, unless the context otherwise requires, the words and terms defined in NAC 555.2502 to 555.258, inclusive, have the meanings ascribed to them in those sections.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; 10-17-86; 12-10-92; A by Div. of Agriculture, 1-6-95; A by Dep’t of Agriculture by R081-99, 11-18-99; R033-01, 5-1-2002; R147-03, 1-22-2004; R052-06, 6-28-2006)

      NAC 555.2502  “Agent” defined. (NRS 555.400)  “Agent” has the meaning ascribed to it in NRS 555.261.

     (Added to NAC by Dep’t of Agriculture by R052-06, eff. 6-28-2006)

      NAC 555.2503  “Bait station” defined. (NRS 555.400)  “Bait station” means a box or other receptacle that:

     1.  Contains a rodenticide in a liquid or solid form;

     2.  Protects the rodenticide from moisture and dust; and

     3.  Provides a place for rodents or other vertebrate pests to feed on the rodenticide.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2505  “Business location” defined. (NRS 555.400)  “Business location” means any area:

     1.  From which a person who is licensed to engage in pest control conducts the operations of pest control; and

     2.  Where the books and other records of the operations of pest control are maintained.

     (Added to NAC by Dep’t of Agriculture, eff. 12-10-92)

      NAC 555.2507  “Cooperative Extension Service” defined. (NRS 555.400)  “Cooperative Extension Service” means the Agricultural Extension Department of the Public Service Division of the Nevada System of Higher Education.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.2508  “Device” defined. (NRS 555.400)  “Device” has the meaning ascribed to it in 7 U.S.C. § 136 (h).

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.25085  “Dosage” defined. (NRS 555.400)  “Dosage” means:

     1.  If a pesticide applied to a given area is not diluted, the total undiluted amount of the pesticide that was applied to the given area; or

     2.  If a pesticide applied to a given area is diluted:

     (a) The total diluted amount of the pesticide that was applied to the given area; and

     (b) The concentration of the pesticide that was applied to the given area.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2509  “Dwelling unit” defined. (NRS 555.400)  “Dwelling unit” has the meaning ascribed to it in NRS 118A.080.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.251  “Fumigation” defined. (NRS 555.400)

     1.  “Fumigation” means the destruction of plant or animal life within an enclosed area by using:

     (a) A substance which has a vapor pressure of more than 5 millimeters of mercury at 25° Centigrade; or

     (b) Any other substance that the Director determines is a fumigant, including, without limitation:

          (1) Chloropicrin;

          (2) Methyl bromide;

          (3) Sulfur dioxide;

          (4) Propylene oxide;

          (5) Sulfuryl fluoride;

          (6) Aluminum phosphide;

          (7) Magnesium phosphide; and

          (8) Dichloropropene.

     2.  The term may include any of the following substances if the intended use of the substance is to destroy plant or animal life within an enclosed area:

 

 

     (a) Liquid nitrogen;

     (b) Carbon dioxide; or

     (c) Metam sodium.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.252  “Immediate supervision” defined. (NRS 555.400)  “Immediate supervision” means supervision by a licensed applicator who is present and responsible for a person applying a pesticide for pest control.

     [Dept of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82)

      NAC 555.253  “Industrial complex” defined. (NRS 555.400)  “Industrial complex” means any area or site, other than an institutional complex or dwelling unit, where a business activity occurs.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.2535  “Industrial or institutional pest” defined. (NRS 555.400)  “Industrial or institutional pest” means a pest, including, without limitation, an insect or vertebrate pest, that invades an industrial complex, institutional complex, dwelling unit or any other structure. The term does not include a wood-destroying pest.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.254  “Institutional complex” defined. (NRS 555.400)  “Institutional complex” means any organization which has a social or educational purpose such as a nursing home, hospital or school.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82)

      NAC 555.2547  “Nonserious violation” defined. (NRS 555.400)  “Nonserious violation” means any violation of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto, other than a serious violation.

     (Added to NAC by Div. of Agriculture, eff. 1-6-95)

      NAC 555.255  “Operator” defined. (NRS 555.400)  “Operator” means a person who:

     1.  Is licensed pursuant to NAC 555.360; and

     2.  Applies a pesticide without the immediate supervision of a principal.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59, 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.2552  “Ornamental” defined. (NRS 555.400)  “Ornamental” means a shrub, flower, tree or other plant that is cultivated for aesthetic purposes, including, without limitation, olive trees and other fruit trees that are not used for commercial purposes.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2554  “Preconstruction treatment” defined. (NRS 555.400)

     1.  “Preconstruction treatment” means the horizontal application of a termiticide, the vertical application of a termiticide, or a combination thereof, which is made to protect a structure from subterranean termites and which is made:

     (a) To the soil before the concrete slab on which the structure will be constructed is poured;

     (b) To the soil before or in conjunction with the installation of subflooring and supports for a structure that is constructed using a raised foundation;

 

     (c) As a treatment to the wooden elements of the structure; or

     (d) By any other method approved by the Director.

     2.  The term does not include bait treated with termiticide or a screen installed over the soil to protect a structure from subterranean termites.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2555  “Primary principal” defined. (NRS 555.400)  “Primary principal” means a principal who:

     1.  Is the only principal for a pest control business; or

     2.  Has been designated by a pest control business licensed pursuant to NAC 555.370 as the person responsible for the daily supervision of the category or categories of pest control performed by each business location of the pest control business within this State.

     (Added to NAC by Dep’t of Agriculture, eff. 12-10-92; A by R033-01, 5-1-2002)

      NAC 555.256  “Principal” defined. (NRS 555.400)  “Principal” means an owner, officer, partner, member or technician of a pest control business who has qualified by examination in one or more of the categories of pest control set forth in NAC 555.280.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; 12-10-92; R033-01, 5-1-2002)

      NAC 555.2563  “Rodenticide” defined. (NRS 555.400)  “Rodenticide” has the meaning ascribed to it in NRS 586.210.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2567  “Serious violation” defined. (NRS 555.400)  “Serious violation” means:

     1.  A violation of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto, which results in actual damage to the health of persons, wildlife, property or the environment;

     2.  Conducting pest control without an appropriate license in violation of NRS 555.280;

     3.  Performing preconstruction treatment in violation of NAC 555.427; or

     4.  Failing to complete, affix, post or deliver a tag or duplicate tag in violation of NAC 555.428.

     (Added to NAC by Div. of Agriculture, eff. 1-6-95; A by Dep’t of Agriculture by R081-99, 11-18-99; R033-01, 5-1-2002)

      NAC 555.257  “Structural pest control” defined. (NRS 555.400)  “Structural pest control” means:

     1.  The control of wood-destroying pests; or

     2.  An inspection for wood-destroying pests or conditions conducive to infestation by wood-destroying pests.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.2572  “Subsequent offense” defined. (NRS 555.400)  “Subsequent offense” means each repeated violation of a statute or regulation which occurs within 5 years or less from the date of the first violation.

     (Added to NAC by Div. of Agriculture, eff. 1-6-95)

      NAC 555.2575  “Tamper-resistant bait station” defined. (NRS 555.400)  “Tamper-resistant bait station” means a bait station that is designed to protect children or pets or other domestic animals from the pesticide contained in the bait station to the extent that:

     1.  The child or pet or other domestic animal is unable to remove a toxic amount of the pesticide contained in the bait station; or

     2.  The child or pet or other domestic animal is able to remove a toxic amount of the pesticide contained in the bait station only if the child or pet or other domestic animal is able to destroy the bait station.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.2577  “Wood-destroying fungi” defined. (NRS 555.400)  “Wood-destroying fungi” means fungi that infest and destroy cellulose as that infestation and destruction relates to structural damage. The term does not include:

     1.  A mold located only on the surface of a structure; or

     2.  A mold that only causes a human health concern.

     (Added to NAC by Dep’t of Agriculture by R147-03, eff. 1-22-2004)

      NAC 555.258  “Wood-destroying pest” defined. (NRS 555.400)  “Wood-destroying pest” means a pest, including, without limitation, a fungus or termite or another insect which infests and destroys cellulose as that infestation and destruction relates to structural damage. The term does not include such a pest which infests and destroys cellulose as that infestation and destruction relates to an adverse effect only on human health or other human health concerns.

     [Dep’t of Agriculture, part No. 55.30, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.259  Exemption of gardeners: “Incidental” interpreted. (NRS 555.277, 555.400)  As used in NRS 555.277, the Director will interpret the term “incidental” to mean the application of a pesticide, using hand-powered equipment, to a lawn or to an ornamental as part of the performance of a contract for the development or maintenance of a landscape if:

     1.  The application of the pesticide comprises not more than 20 percent of the services performed pursuant to the contract; and

     2.  The person using the hand-powered equipment does not publicly hold himself or herself out as being in the business of applying pesticides or performing pest control.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002; A by R062-10, 1-13-2011)

      NAC 555.260  Miscellaneous exemptions. (NRS 555.400)  NAC 555.250 to 555.530, inclusive, do not apply to:

     1.  Services for domestic or industrial sanitation, which use sanitizers and disinfectants;

     2.  Services for the maintenance of swimming pools, which use algicides, bactericides or fungicides;

     3.  Any person who uses preservatives in the treatment of fabrics;

     4.  Veterinarians or persons in pet salons who treat animals;

     5.  A person who controls vertebrate pests by means other than the use of pesticides; or

     6.  A person who:

     (a) Conducts inspections for; or

     (b) Performs services for the control of,

Ê a mold or other fungus detrimental to human health.

     [Dep’t of Agriculture, No. 55.31, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A 10-17-86; R033-01, 5-1-2002; R062-10, 1-13-2011)

Licensing

      NAC 555.270  Types of licenses; restrictions on issuance; prerequisites to perform certain pest control work with fumigants. (NRS 555.400)

     1.  The Director may issue the following types of licenses to applicants who have the appropriate qualifications:

     (a) A license authorizing the holder to conduct pest control from any business location in any category of pest control in which a primary principal of the business has been qualified by examination.

     (b) For pest control personnel:

          (1) Except as otherwise provided in subsection 3, a general license authorizing the holder to perform pest control work in a specific category or categories.

          (2) A restricted license authorizing the holder to perform only certain types of pest control work, including, without limitation, pest control work restricted to inspections for wood-destroying pests or restricted to a specific:

               (I) Host;

               (II) Site;

               (III) Pest; or

               (IV) Pesticide.

     2.  An operator or agent will be issued a license only in those categories where he or she has a qualified primary principal.

     3.  The Director will not issue a general license authorizing a primary principal or operator to perform pest control work in the category of structural pest control if that work is limited to preconstruction treatment.

     4.  An applicant who wishes to perform pest control work with fumigants to control rodents in underground burrow systems located in noncrop areas, crop areas or orchards must:

     (a) Obtain a restricted license for that purpose;

     (b) Provide the Department with proof of insurance coverage for the application of fumigants to control rodents in underground burrow systems located in noncrop areas, crop areas or orchards; and

     (c) Maintain the insurance coverage after receiving such a license for the period during which he or she holds the license.

     [Dep’t of Agriculture, part No. 55.32, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77; + part No. 55.33, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77; 6-11-80]—(NAC A 2-5-82; 1-19-84; 12-10-92; R033-01, 5-1-2002; R052-06, 6-28-2006)

      NAC 555.280  Fields and categories. (NRS 555.400)

     1.  The following fields are established for the licensing of pest control personnel:

     (a) Aerial—The use of aircraft on standing or running water, rangeland or cropland.

     (b) Agricultural ground—The use of ground equipment on rangeland, cropland or animals.

     (c) Urban structural—The use of ground equipment in urban areas and in, on or around structures.

     2.  The following categories are established for the licensing of pest control personnel under the fields of licensing:

     (a) Aerial:

          (1) Insecticides—The application of insecticides, miticides and acaricides.

          (2) Herbicides—The application of herbicides and plant regulators.

          (3) Desiccants and defoliants—The application of desiccants and defoliants.

          (4) Fungicides and bactericides—The application of fungicides, bactericides and nematicides.

     (b) Agricultural ground:

          (1) Insecticides—The application of insecticides, miticides and acaricides.

          (2) Herbicides—The application of herbicides and plant regulators.

          (3) Desiccants and defoliants—The application of desiccants and defoliants.

          (4) Fungicides and bactericides—The application of fungicides, bactericides and nematicides.

          (5) Rodenticides—The application of rodenticides.

     (c) Urban and structural:

          (1) Ornamental and turf—The control of insects, weeds, vertebrates and plant diseases and the use of plant regulators on ornamentals and turf in urban areas, including, without limitation, fruit trees in urban areas if the fruit trees are not used for commercial purposes.

          (2) Industrial and institutional—The control of insects and vertebrates in, on or around industrial complexes, institutional complexes and dwelling units.

          (3) Structural—The control of wood-destroying pests, inspection for wood-destroying pests and inspection for conditions conducive to infestations of wood-destroying pests.

          (4) Fumigation—The use of poisonous and lethal fumigants.

          (5) Aquatic—The control of insects, weeds and vertebrates in aquatic areas that are used or are intended for use in and around industrial complexes, institutional complexes and dwelling units.

          (6) Right-of-way—The control of weeds in the maintenance of rights-of-way, including, without limitation, public roads, power lines, pipelines and railway rights-of-way.

          (7) Preservation of wood—The application of pesticides directly to wood or wood products that are not a part of a habitable structure to prevent or control the degradation of the wood or wood product by a wood-destroying organism, including, without limitation, a fungus or bacterium.

     [Dep’t of Agriculture, part No. 55.32, eff. 8-1-74; A 1-17-77; 6-11-80]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.290  Miscellaneous requirements and restrictions; amendment, inactivation and denial of license. (NRS 555.400)

     1.  A person may not be employed or retained in the position of a principal or primary principal for more than one pest control business at any time.

     2.  Each primary principal, principal, operator or agent of a pest control business shall:

     (a) Ensure that the license issued to him or her by the Director is on his or her person or in his or her service vehicle while engaging in pest control; and

     (b) Produce the license upon request by the Director or a person designated by the Director as a field agent or inspector pursuant to subsection 2 of NRS 561.225.

     3.  The primary principal of a pest control business shall, within 15 days after the change, notify the Director of any change in the status of authority of any primary principal, principal, operator or agent of the pest control business or any change in the information given on the application for the license for the pest control business.

     4.  A license is not assignable or transferable. If a change in ownership occurs, a new application and fee must be submitted. No fee is required for a change in the name of the business if the application for the change is accompanied by a declaration under penalty of perjury that there is no change in ownership.

     5.  A separate licensing fee for a principal, operator or agent must be paid by the employer. No additional fee is required for a designation as a primary principal.

     6.  A principal or operator may apply to the Director for amendment of his or her license to include additional categories of pest control or have restrictions removed. Except as otherwise provided in NAC 555.325, upon examination, the principal or operator is entitled to have the license so amended without any additional licensing fee.

     7.  Any former licensee whose license has not been active during the 2 years immediately preceding his or her application for a new license must demonstrate his or her qualifications for the license. The demonstration must include written or oral examinations, or both, currently in use to determine the qualifications of any other applicants.

     8.  A licensee who cannot provide services in a particular category of pest control because he or she fails to meet the requirements for insurance for that category may apply to have his or her license for that category declared inactive. The license for that category may be reactivated at any time upon submission of proof of insurance to the Director.

     9.  The Director may refuse to issue a license to a pest control business in a name that is:

     (a) The same or similar to a name used by another licensee;

     (b) Likely to be confused with a governmental agency or trade association; or

     (c) Misleading.

     10.  An agent shall not apply any pesticide or provide a recommendation or any other advice to a person concerning the use of a pesticide.

     11.  The Director may refuse to issue a license to an applicant to perform pest control work if, at the time the applicant submits the application:

     (a) A fine imposed against the applicant pursuant to NAC 555.530 remains unpaid; or

     (b) Any hearing or other matter that is within the jurisdiction of the Director is pending against the applicant.

     [Dep’t of Agriculture, part No. 55.32, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77; + part No. 55.33, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77; 6-11-80]—(NAC A 2-5-82; 10-17-86; 12-10-92; R033-01, 5-1-2002; R052-06, 6-28-2006; R062-10, 1-13-2011)

      NAC 555.300  Permit to perform emergency application. (NRS 555.400)  A person licensed pursuant to NAC 555.250 to 555.530, inclusive, may apply in writing to the Director for a permit to perform an emergency application of a pesticide for the protection of public health, property or the environment. The application must include:

     1.  The address of the site to be treated.

     2.  The anticipated date of treatment.

     3.  The name of the applicator who will be performing or immediately supervising the application.

     4.  The crop or site to be treated.

     5.  The number of units to be treated, including, without limitation, the number of acres or miles or fraction thereof.

     6.  The pesticide to be applied and the rate at which it will be applied.

     7.  The purpose for which the crop or site is to be treated.

     8.  The brand name or generic name of the pesticide to be applied, the registration number assigned to the pesticide by the Environmental Protection Agency and the dosage to be applied.

     9.  Proof that the applicant has insurance for public liability and property damage that satisfies the requirements set forth in subsection 2 of NAC 555.370.

     10.  Any other information the Director may require.

     [Dep’t of Agriculture, part No. 55.32 and part No. 55.33, eff. 6-1-59; A 7-1-69; 8-1-74; 1-17-77]—(NAC A by R033-01, 5-1-2002)

      NAC 555.320  Qualifications for examination. (NRS 555.300, 555.400)

     1.  Except as otherwise provided in NRS 555.300 and NAC 555.325, an applicant who is applying for an examination as a principal must meet the requirements set forth in NRS 555.300 before being examined and must file proof of meeting the following requirements when submitting an application for a pest control examination:

     (a) Two years of practical experience in the application of pesticide or related pest control in the initial category or categories applied for; or

     (b) Six months of practical experience in the application of pesticide or related pest control in the initial category or categories applied for and proof of not less than 16 college credit hours in biological sciences of which not less than 8 hours must be in subjects directly related to the field of pest control in which the applicant wishes to be licensed.

     2.  An applicant who is applying for examination as an operator or agent is not required to have reached the age of majority nor is he or she required to have:

     (a) The practical experience in the application of pesticide required of a principal pursuant to paragraph (a) of subsection 1; or

     (b) The practical experience and education required of a principal pursuant to paragraph (b) of subsection 1.

     3.  As used in this section:

     (a) “Credit hours in biological sciences” includes courses in, but not limited to, biology, botany, entomology, zoology, agronomy, horticulture, biochemistry, nematology, phytopathology and courses similar or similarly derived.

     (b) “Directly related to the field of pest control” courses include economic entomology, phytopathology and similar courses concerning the identification and control of pests through the use of pesticides.

     (c) “Practical experience” means experience that is substantiated by work records, notarized statements verified by work records or any other documentation acceptable to the Department. The term does not include any experience obtained by an applicant while engaged in activity as an agent.

     (d) “Related pest control” experience includes technical field representative work, termite inspection for private or governmental entities or acting as a consultant on the staff of an area or regional consulting firm. Other experience may be evaluated.

     [Dep’t of Agriculture, part No. 55.34, eff. 8-1-74; A 1-17-77]—(NAC A 12-10-92; R033-01, 5-1-2002; R052-06, 6-28-2006)

      NAC 555.325  Qualifications for amendment of license to include additional categories of pest control. (NRS 555.400)

     1.  In lieu of meeting the requirements set forth in subsection 1 of NAC 555.320, a principal who applies to the Director for amendment of his or her license to include additional categories of pest control pursuant to subsection 6 of NAC 555.290, may include in the application for a pest control examination proof of meeting the following requirements for each additional category of pest control for which the principal applies:

     (a) Documentation of completion of at least 40 units of continuing education in courses that are accredited by the Director pursuant to NAC 555.374 and directly related to the category of pest control for which the principal applies; or

     (b) Documentation of completion of at least 9 units of continuing education in courses that are accredited by the Director pursuant to NAC 555.374 and directly related to the category of pest control for which the principal applies and documentation of:

          (1) Six or more months of practical experience in the application of pesticide or related pest control in the category of pest control for which the principal applies; or

          (2) Successful completion of 3 or more college credit hours received from:

               (I) A course taken at an accredited college or university that is directly related to the category of pest control for which the principal applies;

               (II) A correspondence course which was approved by the Director and which is directly related to the category of pest control for which the principal applies; or

               (III) Any combination of the courses described in sub-subparagraphs (I) and (II).

     2.  The Director may require a principal to pass a practical examination that demonstrates the ability to inspect a structure for the presence of pests or use and apply pesticides in any category of pest control for which the principal applies.

     3.  The documentation of completion of units of continuing education submitted pursuant to subsection 1 must include the certificate of completion issued by the sponsor of the course.

     4.  The practical experience required by subsection 1 must be substantiated by work records, notarized statements, if the principal can verify those statements with work records, or any other documentation acceptable to the Department.

     5.  As used in this section, “successful completion” means that the principal received a final grade of at least 70 percent.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.330  Filing of application for examination; request for date of examination. (NRS 555.400)

     1.  Each person who wishes to be examined on pest control to obtain a license, amend a license to include additional categories of pest control or have restrictions removed from a license must complete an application and file it with the Department.

     2.  An applicant who wishes to be licensed as a principal, to amend his or her license to include additional categories of pest control or to have restrictions removed from the license must request a date on which to take the examination, but the request may be made only after the applicant has received notice from the Department verifying his or her qualifications.

     3.  Each applicant must give the Department 5 working days’ notice of the date on which he or she wishes to take the examination unless the examining officer waives this requirement.

     [Dep’t of Agriculture, part No. 55.34, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.340  Examinations: Contents; passing score; retesting; exclusion. (NRS 555.300, 555.400)

     1.  Each applicant for a license as a principal or operator must pass a written examination to demonstrate his or her knowledge of:

     (a) Operations for pest control;

     (b) Pertinent laws and regulations;

     (c) Safety in handling and dispensing pesticides;

     (d) Pests;

     (e) An integrated approach to pest management; and

     (f) Recommended practices for controlling pests.

     2.  The examination for:

     (a) Each principal or operator consists of a general examination required for all applicants and a specific examination for each category of pest control in which the applicant has requested to be examined.

     (b) Each agent consists of an examination based upon a presentation.

     3.  The Director may require an applicant to pass a practical examination that demonstrates the ability properly to inspect or use and apply pesticides in any category of pest control for which the applicant applies.

     4.  The passing score is 70 percent for each examination for a principal and 65 percent for each examination for an operator or agent.

     5.  An applicant who fails to receive a passing score on a section of the examination may be retested upon the expiration of the following minimum waiting periods:

     (a) If applying for an operator’s license, 7 days.

     (b) If applying for a principal’s license, 10 days.

     6.  Any applicant who uses an unauthorized aid during an examination or who copies or removes any portion of an examination must be excluded from the remainder of the examination and must not be allowed to take another examination for at least 6 months.

     [Dep’t of Agriculture, part No. 55.34, eff. 8-1-74; A 1-17-77; 6-11-80]—(NAC A 2-5-82; 10-17-86; A by Div. of Agriculture by R127-97, 6-23-98; A by Dep’t of Agriculture by R081-99, 11-18-99; R033-01, 5-1-2002; R052-06, 6-28-2006; R062-10, 1-13-2011)

      NAC 555.350  Application for license: Form; pest control business. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 555.290, 555.400)

     1.  Each application for a license must be made on a form provided by the Director.

     2.  Each application for a license for a pest control business must include, without limitation:

     (a) The name of the person applying for the license, the name under which the applicant intends to engage in the business of pest control, the street address of the residence of the applicant and the street address of the pest control business.

     (b) The name and mailing address of the residence of each partner, if the applicant is a partnership.

     (c) The name of each officer, the state in which the corporation was incorporated, the date on which the corporation was incorporated and the name of each person holding or controlling 25 percent or more of the capital stock of the corporation, if the applicant is a corporation.

     (d) The street address, telephone number, facsimile number, electronic mail address, if any, federal identification number of the pest control business and, if the mailing address is different from the street address, the mailing address of the business.

     (e) If the pest control business uses aircraft in the application of pesticides, a list that includes a description of each aircraft and the identification number assigned to the aircraft by the Federal Aviation Administration.

     (f) The name, telephone number of the residence, mailing address of the residence and, if the street address is different from the mailing address of the residence, the street address of the residence of each primary principal, principal, operator and agent employed by the applicant.

     (g) The category of pest control in which the applicant wishes to engage.

     (h) The number of business locations in which the pest control business will operate.

     (i) The address and telephone number of each such business location.

     (j) The name of the primary principal who supervises the daily activities of the operators at each business location.

     (k) A statement that includes the status of residency of and the number of the Nevada driver’s license issued to each primary principal and principal employed by the applicant.

     (l) A statement certifying that each primary principal, principal and operator employed by the applicant has satisfied the requirements for continuing education set forth in NAC 555.372.

     (m) In accordance with NRS 555.325, the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

     (n) If the application is for a license in the urban structural field, a report of each pesticide that was applied within the immediately preceding 12 months. The report must include:

          (1) The brand name of each pesticide that was applied;

          (2) The registration number assigned to the pesticide by the Environmental Protection Agency; and

          (3) A statement indicating whether the pesticide that was applied is a restricted-use pesticide.

     (o) If the application is for a license in the aerial field, the number of hours of flight time that the applicant spent engaged in pest control.

     3.  In addition to the name of the pest control business required to be included in the application pursuant to paragraph (a) of subsection 2, the applicant shall include in the application at least two alternative names for the pest control business.

     [Dep’t of Agriculture, part No. 55.35, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; A by Bd. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R033-01, 5-1-2002; R001-03, 9-24-2003; R052-06, 6-28-2006)

      NAC 555.350  Application for license: Form; pest control business. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.] (NRS 555.290, 555.400)

     1.  Each application for a license must be made on a form provided by the Director.

     2.  Each application for a license for a pest control business must include, without limitation:

     (a) The name of the person applying for the license, the name under which the applicant intends to engage in the business of pest control, the street address of the residence of the applicant and the street address of the pest control business.

     (b) The name and mailing address of the residence of each partner, if the applicant is a partnership.

     (c) The name of each officer, the state in which the corporation was incorporated, the date on which the corporation was incorporated and the name of each person holding or controlling 25 percent or more of the capital stock of the corporation, if the applicant is a corporation.

     (d) The street address, telephone number, facsimile number, electronic mail address, if any, federal identification number of the pest control business and, if the mailing address is different from the street address, the mailing address of the business.

     (e) If the pest control business uses aircraft in the application of pesticides, a list that includes a description of each aircraft and the identification number assigned to the aircraft by the Federal Aviation Administration.

     (f) The name, telephone number of the residence, mailing address of the residence and, if the street address is different from the mailing address of the residence, the street address of the residence of each primary principal, principal, operator and agent employed by the applicant.

     (g) The category of pest control in which the applicant wishes to engage.

     (h) The number of business locations in which the pest control business will operate.

     (i) The address and telephone number of each such business location.

     (j) The name of the primary principal who supervises the daily activities of the operators at each business location.

     (k) A statement that includes the status of residency of and the number of the Nevada driver’s license issued to each primary principal and principal employed by the applicant.

     (l) A statement certifying that each primary principal, principal and operator employed by the applicant has satisfied the requirements for continuing education set forth in NAC 555.372.

     (m) If the application is for a license in the urban structural field, a report of each pesticide that was applied within the immediately preceding 12 months. The report must include:

          (1) The brand name of each pesticide that was applied;

          (2) The registration number assigned to the pesticide by the Environmental Protection Agency; and

          (3) A statement indicating whether the pesticide that was applied is a restricted-use pesticide.

     (n) If the application is for a license in the aerial field, the number of hours of flight time that the applicant spent engaged in pest control.

     3.  In addition to the name of the pest control business required to be included in the application pursuant to paragraph (a) of subsection 2, the applicant shall include in the application at least two alternative names for the pest control business.

     [Dep’t of Agriculture, part No. 55.35, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; A by Bd. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R033-01, 5-1-2002; R001-03, 9-24-2003; R052-06, 6-28-2006, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

REVISER’S NOTE.

      The regulation of the Department of Agriculture filed with the Secretary of State on May 1, 2002 (LCB File No. R033-01), which amended this section, contains the following provision not included in NAC:

      “1.  * * *

      2.  * * *

      3.  Section 34 of this regulation [NAC 555.350] becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a procedure to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.”

 

      NAC 555.360  Application for license: Primary principal, principal, operator or agent. (NRS 555.290, 555.400)  Each application for a license to perform pest control work as a primary principal, principal, operator or agent for a currently licensed pest control business must include, without limitation:

     1.  The name of the applicant and the mailing address and telephone number of the residence of the applicant.

     2.  The name of the pest control business in this State that presently employs the applicant and the pest control business in this State that last employed the applicant.

     3.  A statement indicating:

     (a) Whether the applicant wishes to be licensed as a primary principal, principal, operator or agent;

     (b) Whether the applicant holds an active license in another state and, if he or she holds such a license, a list indicating the categories of pest control that the applicant is authorized to engage in pursuant to that license; and

     (c) Each category of pest control in which the applicant wishes to engage.

     4.  An endorsement by a primary principal or principal of the pest control business employing the applicant.

     [Dep’t of Agriculture, part No. 55.35, eff. 8-1-74; A 1-17-77]—(NAC A by Bd. of Agriculture, 2-20-96; A by Dep’t of Agriculture by R033-01, 5-1-2002; R052-06, 6-28-2006)

      NAC 555.370  License in business of pest control: Qualifications. (NRS 555.290, 555.330, 555.400)  An applicant for a license to engage in the business of pest control must provide the Department with:

     1.  Proof that a primary principal of the business is licensed in the category or categories in which the business will be conducted.

     2.  Proof that the applicant has insurance for public liability and property damage which:

     (a) Covers each occurrence of damage to persons or to property from chemicals, chemical drift and equipment used in the operations of the business including any air operations and any use of ground equipment belonging to aerial applicators.

     (b) Provides the following minimum amounts of coverage:

          (1) For licensees using ground equipment:

               (I) For each occurrence of bodily injury, $10,000;

               (II) For aggregate bodily injury, $20,000;

               (III) For each occurrence of property damage, $10,000; and

               (IV) For aggregate property damage, $20,000.

          (2) For licensees using aircraft equipment:

               (I) For each occurrence of bodily injury, $100,000;

               (II) For aggregate bodily injury, $300,000; and

               (III) For each occurrence of property damage, $100,000.

     (c) Provides that not less than 10 days before extending, restricting, cancelling or changing the coverage as certified or paying any claim under the policy, the insurer will give written notice of that action to the Director.

     3.  Evidence that the business has the necessary type or types of equipment to perform satisfactory work in the field and categories of pest control to be undertaken. The equipment must be capable of applying pesticides satisfactorily under normal working conditions.

     4.  A certificate of incorporation or a copy thereof, issued by the Secretary of State, for the business if it is a corporation.

     [Dep’t of Agriculture, part No. 55.35, eff. 8-1-74; A 1-17-77]—(NAC A 1-19-84; 12-10-92; R033-01, 5-1-2002)

      NAC 555.371  Renewal of license for pest control business: Annual report. (NRS 555.390, 555.400)  In addition to the information required by NAC 555.350, each application for the renewal of a license for a pest control business must include an annual report of all the pesticides applied by the pest control business during the immediately preceding 12 months. The report must be on a form provided by the Director and must include, without limitation:

     1.  The brand name of each pesticide that was applied;

     2.  The registration number assigned to the pesticide by the Environmental Protection Agency; and

     3.  A statement indicating whether the pesticide that was applied is a restricted-use pesticide.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002)

      NAC 555.372  Renewal of license for person engaged in pest control business: Requirements for continuing education. (NRS 555.320, 555.400)

     1.  Except as otherwise provided in subsection 3, a person who is licensed to engage in the business of pest control may not renew the license unless the person certifies that he or she has, within the immediately preceding 12 months, completed at least six units of continuing education in courses accredited by the Director. Each unit of continuing education must be completed in a course that relates to pest control. A primary principal or principal:

     (a) Is not entitled to receive credit for completing more than three units of continuing education in business management.

     (b) Must complete at least one unit of continuing education in a course relating to laws and regulations governing the use of pesticides.

     2.  To receive credit for the completion of a unit of continuing education, a licensee must attend and successfully complete a course accredited by the Director. If the course for which credit for continuing education is sought is:

     (a) An Internet course;

     (b) A course contained on a compact disc;

     (c) A correspondence course; or

     (d) A video or other media presentation sponsored by the Cooperative Extension Service,

Ê a licensee must receive a passing grade on an examination conducted upon completion of the course or presentation.

     3.  The provisions of subsection 1 do not apply to a licensee who:

     (a) Obtained the license for the first time less than 12 months immediately preceding the expiration of the license;

     (b) Passes the general and specific examinations given pursuant to NAC 555.340 in each category of pest control in which he or she is currently licensed;

     (c) Holds a license or certificate as a pest control adviser or certified crop adviser, or the equivalent as determined by the Director;

     (d) Is an operator and has become licensed as a principal during the 12 months immediately preceding the expiration of the license by passing the general examination and at least one examination for a category of pest control given pursuant to NAC 555.340;

     (e) Passes a written or oral examination specified in subsection 7 of NAC 555.290; or

     (f) Is licensed solely as an agent.

     4.  A licensee may receive credit for the completion of a course of continuing education offered in another state if:

     (a) The course is approved for continuing education by the appropriate agency of the state; and

     (b) Upon completion of the course, the licensee or sponsor of the course submits to the Department:

          (1) An agenda or outline for the course setting forth:

               (I) The location, date and time of the course;

               (II) The topics discussed during the course; and

               (III) The name of each speaker at the course;

          (2) A copy of a letter or other form indicating that the appropriate agency of the state has approved the course for continuing education and the number of units of continuing education approved for the course;

          (3) The name of each licensee from this State who attended the course as indicated by the attendance sheet for the course; and

          (4) A request to receive credit for attending the course.

     5.  For each course for which a licensee claims one or more units of continuing education, he or she may request from the sponsor of the course:

 

 

 

     (a) A certificate of completion issued by the sponsor of the course; or

     (b) Another document or record that in the judgment of the Director adequately establishes that the licensee successfully completed the course.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99; A by R033-01, 5-1-2002; R001-03, 9-24-2003; R052-06, 6-28-2006)

      NAC 555.374  Continuing education: Prerequisites for accreditation and receipt of credit; duties of sponsor; acceptable activities. (NRS 555.400, 561.105)

     1.  To obtain accreditation from the Director for a course of continuing education, the sponsor of the course must submit to the Department, at least 1 day before the first day of the course:

     (a) A detailed outline of the subject matter to be presented;

     (b) A description of the method of presentation;

     (c) A curriculum vitae or other biographical statement of the instructor; and

     (d) Any other information required in the application for accreditation.

     2.  To equal one unit of continuing education, the course for which the application is submitted must consist of at least 50 minutes of instruction and be directly related to:

     (a) The control or management of pests;

     (b) The classification or usage of pesticides;

     (c) The safe handling or dispensing of pesticides; or

     (d) A law or regulation concerning the use of pesticides.

     3.  The information required by subsection 1 must be submitted on an application prescribed by the Director.

     4.  The sponsor of a course accredited by the Director shall submit to the Department, within 30 days after the completion of the course, a list that includes:

     (a) The name of the course;

     (b) The course number assigned by the Director pursuant to NAC 555.375;

     (c) The number of units of continuing education that a person who successfully completes the course may receive;

     (d) The name of each person who attended the course;

     (e) The identification number assigned by the Department to the licensee, nonprimary principal commercial applicator or private applicator wishing to receive credit for completing the course;

     (f) The name of the business or governmental agency that employs the licensee, nonprimary principal commercial applicator or private applicator;

     (g) The signature of the licensee, nonprimary principal commercial applicator or private applicator; and

     (h) A statement prepared by the sponsor of the course indicating that:

          (1) The licensee presented to the sponsor the licensee’s license as a primary principal, principal or operator or any other form of identification issued by a governmental agency that includes a photograph of the licensee; or

          (2) The nonprimary principal commercial applicator or private applicator presented to the sponsor a form of identification issued by a governmental agency that includes a photograph of the nonprimary principal commercial applicator or private applicator.

     5.  The sponsor of a course shall maintain a record of the information set forth in subsection 4 for at least 4 years after the completion of the course. The records must be made available to the Director upon request.

     6.  Except as otherwise provided in subsection 7, courses of continuing education that may be accredited by the Director include, without limitation:

     (a) A seminar;

     (b) A meeting;

     (c) An adult education class;

     (d) A correspondence class;

     (e) An Internet class;

     (f) A college or university class;

     (g) A video or other media presentation; and

     (h) Any equivalent activity approved by the Director.

     7.  A person who attends a meeting of the Nevada Pest Control Association may receive credit for attending the meeting without obtaining approval for the meeting pursuant to this section.

     8.  A person who successfully completes a course of continuing education is not entitled to receive credit for attending the course unless, at the time the sponsor of the course recorded the attendance of the person at the course, the person presented to the sponsor the identification specified in paragraph (h) of subsection 4.

     9.  A licensee, nonprimary principal commercial applicator or private applicator may not receive credit more than once in a calendar year for attending the same course with the same course number assigned by the Director pursuant to NAC 555.375.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99; A by R001-03, 9-24-2003; R052-06, 6-28-2006; A by Bd. of Agriculture by R156-07, 1-30-2008; A by Dep’t of Agriculture by R062-10, 1-13-2011)

      NAC 555.375  Continuing education: Notification of accreditation by Director. (NRS 555.400)

     1.  The Director will, within 30 days after receipt of a completed application for accreditation of a course of continuing education, notify the sponsor of the course whether the course has been accredited or denied accreditation.

     2.  If the Director approves a course for accreditation, the notice of accreditation will include the:

     (a) Course number assigned by the Director; and

     (b) Number of units of continuing education for which the course is accredited. If a course is divided into sections, the notice will identify the number of units of continuing education allocated to each section.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.376  Continuing education: Sponsorship by Department or Cooperative Extension Service. (NRS 555.400)

     1.  The Director will accredit a course of continuing education sponsored by the Department if the Department complies with NAC 555.374. Such a course may be in the form of:

     (a) A meeting;

     (b) Training for a certificate to use a restricted-use pesticide; or

     (c) A video, slide or other media presentation. The video, slide or other media presentation will be available for review, by appointment, at the offices of the Department and of the Cooperative Extension Service.

     2.  The Director will accredit training for a certificate to use a restricted-use pesticide sponsored by the Cooperative Extension Service upon compliance with NAC 555.374.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.377  Continuing education: Expiration, withdrawal, suspension or modification of accreditation. (NRS 555.400)

     1.  The accreditation of an in-house course of continuing education expires on the last day of the 36th month after the course is accredited. The accreditation of any other course of continuing education expires on the last day of the 12th month after the course is accredited. A course of continuing education remains accredited for the applicable period unless the Director:

     (a) Specifies a different date in the notice of accreditation; or

     (b) Withdraws accreditation upon a finding of sufficient cause. Sufficient cause exists if the course as conducted does not conform to the course as described in the information provided pursuant to NAC 555.374.

     2.  If a sponsor of an accredited course of continuing education fails to submit to the Department a list of all persons who successfully completed the course pursuant to NAC 555.374, the Director may withdraw, suspend or modify the accreditation of the course.

     3.  Before the Director withdraws, suspends or modifies the accreditation of a course, he or she will give the sponsor:

     (a) Notice in writing of his or her intention to withdraw, suspend or modify the accreditation and the reasons for taking that action; and

     (b) An opportunity to respond.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99; A by R052-06, 6-28-2006)

      NAC 555.380  Operator’s license: Qualifications. (NRS 555.400)

     1.  Any operator, including an aerial operator, shall provide the Department with:

     (a) Proof of having passed the applicable examination; and

     (b) Proof of employment by a pest control business licensed to conduct pest control operations in this State.

     2.  In addition to the provisions of subsection 1 an aerial operator shall:

     (a) Present proof of holding a current commercial or airline transport pilot certificate.

     (b) Present proof of holding a valid agricultural aircraft operator’s certificate issued by the Federal Aviation Administration pursuant to 14 C.F.R. § 137.19.

     [Dep’t of Agriculture, part No. 55.35, eff. 8-1-74; A 1-17-77]—(NAC A by R033-01, 5-1-2002)

      NAC 555.385  Return of license to engage in pest control; notification of termination of employment. (NRS 555.400)

     1.  Every person licensed to engage in pest control shall return his or her license to the Department within 15 working days after:

     (a) He or she ceases engaging in pest control; or

     (b) His or her employment with a pest control business is terminated.

     2.  A primary principal, principal, operator or agent of a pest control business shall provide written notice to the Department of the date of termination of the employment of a primary principal, principal, operator or agent from the pest control business within 15 days after the date on which that termination occurs.

     (Added to NAC by Dep’t of Agriculture, eff. 10-17-86; A by R033-01, 5-1-2002; R052-06, 6-28-2006; R062-10, 1-13-2011)

      NAC 555.395  Primary principal required for each business location; suspension of license for noncompliance. (NRS 555.3507, 555.400)

     1.  Every person licensed to engage in pest control shall ensure that each of his or her business locations in this State has a primary principal who is licensed in the appropriate category or categories of pest control.

     2.  The Director will suspend a license for pest control 30 days after the pest control business ceases to have a primary principal at each business location. The license will remain suspended until the pest control business obtains a primary principal for each business location.

     (Added to NAC by Dep’t of Agriculture, eff. 10-17-86; A 12-10-92; R033-01, 5-1-2002; R052-06, 6-28-2006)

      NAC 555.397  Fees. (NRS 555.310, 555.400)

     1.  Except as otherwise provided in subsection 3, an applicant for a license must pay to the Director, as applicable:

     (a) For examination or reexamination, a testing fee of $25 for each category of pest control in which the applicant wishes to be examined;

     (b) For licensure of a pest control business, a licensing fee of $250;

     (c) For licensure of a principal or operator, a licensing fee of $50; and

     (d) For licensure of an agent, a licensing fee of $350.

     2.  The Director will charge a fee of $25 to issue a duplicate license to replace a license that has been lost, mutilated or destroyed.

     3.  An applicant for licensure of a pest control business or principal may request a hardship fee reduction in licensing fees by submitting a written request for such a reduction to the Director. The request must include the amount of income the applicant has received from the application of pest control for at least the immediately preceding 12 months or for the duration of the business of the applicant, whichever is shorter. The Director may grant a hardship fee reduction if he or she determines that paying the fee described in subsection 1 would require the business of the applicant to cease operations or would prevent the business from beginning operations because of lack of money. If the Director grants a hardship fee reduction, the fee for licensure of a pest control business is $50 and the fee for licensure of a principal is $15. The Director may not grant a hardship fee reduction for a testing fee.

     (Added to NAC by Bd. of Agriculture by R053-00, eff. 6-15-2000; A by Dep’t of Agriculture by R033-01, 5-1-2002; A by Bd. of Agriculture by R096-06, 5-31-2007)

Standards of Practice

      NAC 555.400  General requirements. (NRS 555.380, 555.400)  Except as otherwise provided in NAC 555.250 to 555.530, inclusive, or as specifically authorized in writing by the Director, each person engaged in the application of pesticide for hire shall:

     1.  Apply pesticides only in those categories of pest control for which he or she is licensed. All other applicators must be under the immediate supervision of a primary principal, principal or operator who is qualified and currently licensed in the appropriate category.

     2.  Use only methods and equipment which are capable of performing the functions necessary to ensure the proper application of materials.

     3.  Operate only where climatic, pest and crop conditions are proper for controlling the pest for which the application is being made.

     4.  Keep pest control equipment, when in use, in good condition.

     5.  Except as otherwise provided in NAC 555.510, when measuring concentrated materials, use only devices which are accurately calibrated to the smallest unit in which the material is being weighed or measured.

     6.  Maintain a uniform mixture at all times, both in operating rigs and service rigs, when using a mixture of materials.

     7.  Perform all pest control work in a good and workmanlike manner, substantially confining the material applied to the premises where the crop, animal, ornamental, soil or pest is being treated.

     8.  Thoroughly clean all equipment after use to prevent residues which may be injurious to crops, plants or livestock.

     9.  Provide storage for all undiluted pesticide material in a locked facility. Servicepersons’ kits, which contain insecticides, poison baits or concentrates must be handled with extreme caution and must not be left where children or other unauthorized persons might remove the contents.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 1-17-77; 6-11-80]—(NAC A 2-5-82; 12-10-92; R033-01, 5-1-2002)

      NAC 555.410  Required records and reports. (NRS 555.390, 555.400)  Each person subject to the provisions of NAC 555.400 shall:

     1.  Keep accurate and legible records for 2 years of each property treated, showing:

     (a) If the person is licensed in the aerial or agricultural ground field:

          (1) The date of the treatment.

          (2) The full name of the person for whom and the county where the treatment was conducted.

          (3) The full name of the pilot or applicator doing the treating.

          (4) The crop or site treated.

          (5) The number of units treated, including, without limitation, the number of acres or miles or fraction thereof.

          (6) The number, name or site identification of the field.

          (7) The brand name or generic name of the pesticide that was applied, the registration number assigned to the pesticide by the Environmental Protection Agency and the dosage applied.

          (8) The purpose for which the crop or site was treated.

          (9) The time the treatment was started and the time the treatment was finished.

          (10) The temperature at the start and finish of the treatment.

          (11) The wind velocity and wind direction at the start and finish of the treatment.

     (b) If the person is licensed in the urban and structural field:

          (1) The date of the treatment.

          (2) The address where the treatment was conducted.

          (3) The full name of the applicator.

          (4) The site treated, including, without limitation, the kitchen, the crawlspace beneath the structure, and the yard or area surrounding the structure.

          (5) The brand name or generic name of the pesticide that was applied and the registration number assigned to the pesticide by the Environmental Protection Agency.

          (6) The total amount of any diluted pesticide and the concentration of the pesticide that was applied.

          (7) If the treatment is conducted in the categories of ornamental and turf, right-of-way, aquatic or fumigation:

               (I) The temperature at the start and finish of the treatment.

               (II) The wind velocity and direction at the start and finish of the treatment.

               (III) The area of any turf or ground treated.

               (IV) The purpose for which the pesticide was applied.

               (V) The area or volume fumigated.

               (VI) The times at which fumigation started and finished.

          (8) If the treatment is conducted in the category of structural pest control and the treatment is a preconstruction treatment, a copy of the Housing and Urban Development-National Pest Management Association Form 99-B entitled “New Construction Subterranean Termite Service Record.” The Housing and Urban Development-National Pest Management Association Form 99-B is available from CBS Forms by mail at 11652 Agarwood Drive, Walton, Kentucky 41094, by telephone at (800) 324-7676 or at the Internet address http://www.cbsforms.com/, for the price of $19.95 for a pack of 50 forms, plus shipping and handling, or from the United States Department of Housing and Urban Development, free of charge, at the Internet address http://www.hud.gov/offices/adm/hudclips/forms/files/npma99b.pdf.

     2.  Keep a copy of each report prepared pursuant to NAC 555.430 for 5 years after completing the report.

     3.  Report immediately to the Director:

     (a) Any emergency dumps of pesticides by aircraft, and accidents of aircraft loaded with pesticides or ground equipment involving the spillage of pesticides; or

     (b) The spillage at sites of operations of unmixed pesticides that are detrimental to persons, wildlife, domestic animals or crops.

     4.  Report to the Director within 48 hours any cases of apparent pesticide poisoning requiring medical treatment.

     5.  If the person is licensed in the aerial or agricultural ground field, file with the Director on forms to be furnished by him or her a monthly report of all pest control operations, including those operations involving the use of restricted-use pesticides, for each month in which such operations occurred. The report must:

 

 

 

     (a) Be filed on or before the 15th day of the following month; and

     (b) Be filed for those periods during which no operations were conducted unless written notification is given to the Director declaring that operations have ceased.

     6.  Submit to the Director any reports or records he or she requests.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 6-11-80]—(NAC A 2-5-82; 12-10-92; R033-01, 5-1-2002; R147-03, 1-22-2004; R052-06, 6-28-2006; R147-08, 2-11-2009; R062-10, 1-13-2011)

      NAC 555.415  Restrictions on authority of unlicensed persons. (NRS 555.400)  An unlicensed person who performs pest control under the immediate supervision of a primary principal, principal or operator pursuant to NAC 555.400 shall not prepare, distribute, appear on or sign on his or her behalf or on behalf of the primary principal, principal or operator:

     1.  Any invoice, estimate or bid for pest control;

     2.  Any report prepared pursuant to NAC 555.410 or 555.430; or

     3.  Any contract or other agreement for pest control.

     (Added to NAC by Dep’t of Agriculture by R052-06, eff. 6-28-2006; A by R062-10, 1-13-2011)

      NAC 555.420  Prohibited materials and uses of pesticides. (NRS 555.380, 555.400)  Except for experimental purposes under the direction or supervision of qualified federal, state or county personnel or research workers employed by the manufacturer, where no charge is made to the grower or owner, a person engaged in the business of application of pesticides shall not use for pest control:

     1.  Any material not registered in this State as a pesticide.

     2.  Any registered pesticide for a purpose other than one for which it is registered.

     [Dep’t of Agriculture, part No. 55.37, eff. 8-1-74; A 1-17-77]

      NAC 555.425  Markings and equipment required on service vehicles of licensee. (NRS 555.400)

     1.  The name of the business and the number of the permanent license of each licensee which is a business must be prominently displayed on all service vehicles of that business, except unmarked vehicles not used principally in selling or soliciting services for pest control. The name of the business and the number of the license displayed on the vehicles must be:

     (a) The same as the name and number on the license issued by the Department; and

     (b) Displayed in a prominent place on both sides of the vehicle in letters at least 2 inches in height and in a color which contrasts with the color of the vehicle.

     2.  Each service vehicle that is used in the custom application of pesticides must be equipped with:

     (a) Clothing and equipment designed to provide protection against any pesticide carried on or in the vehicle;

     (b) Absorbent material capable of absorbing and containing more than 1 gallon of pesticide that has been spilled;

     (c) Equipment designed to store safely materials contaminated with pesticide; and

     (d) A sufficient quantity of potable water to wash skin exposed to pesticide.

     (Added to NAC by Dep’t of Agriculture, eff. 10-17-86; A by R147-03, 1-22-2004)

      NAC 555.427  Preconstruction treatment: Submission of form before performance; application of termiticide. (NRS 555.380, 555.400)

     1.  Before performing a preconstruction treatment, a licensee must submit an accurate, complete and legible form entitled “Termiticide Pretreatment Notification Form” to the district or subdistrict office of the Department responsible for the region in which the preconstruction treatment will be performed.

     2.  The form submitted pursuant to subsection 1 must include:

     (a) The name and telephone number of the pest control business that will be performing the preconstruction treatment;

     (b) The name and address of the person for whom the preconstruction treatment will be performed;

     (c) The location or address and zip code of the site at which the preconstruction treatment will be performed;

     (d) The expected starting date and completion date of the preconstruction treatment;

     (e) The number of sites on which the preconstruction treatment will be performed;

     (f) A description of the type of preconstruction treatment that will be performed;

     (g) A description of the location where the preconstruction tags will be affixed; and

     (h) The date on which the form is completed.

     3.  A licensee who performs a preconstruction treatment to soil:

     (a) Shall, unless otherwise authorized by the Director, apply the termiticide only to the sites and in the specific quantities and dosages provided on the label of the termiticide.

     (b) Shall apply the termiticide in a manner that establishes a horizontal barrier before the pouring of each concrete slab that will be under the roof of the structure which will be constructed.

     (c) Shall apply the termiticide in a manner that establishes a vertical barrier in each critical area that is identified by the label of the termiticide and visible at the time of the preconstruction treatment.

     (d) Shall, within 30 days after grading and any other disturbance of the soil that is related to construction has been completed, apply the termiticide in a manner that establishes a vertical barrier at the exterior of:

          (1) The walls of the foundation for a structure that is being constructed using a raised foundation; or

          (2) The concrete slab for foundations that are constructed on the ground.

     (e) May, if it is in accordance with the label of the termiticide, apply a termiticide using a higher concentration of the termiticide in a reduced volume if the licensee determines that the absorption of the termiticide by the soil necessitates a reduced volume of the termiticide.

     4.  A licensee who performs a preconstruction treatment directly to wood shall, unless otherwise authorized by the Director, apply the termiticide only to the sites and in the specific quantities and dosages provided on the label of the termiticide.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002; A by R147-03, 1-22-2004; R052-06, 6-28-2006)

      NAC 555.428  Preconstruction treatment: Tag. (NRS 555.400)

     1.  The Department shall supply a tag for preconstruction treatment to a licensee who performs preconstruction treatment. A licensee who performs a preconstruction treatment shall complete a tag pursuant to this section. The tag must include at least the following information:

     (a) The name of the pest control business that performed the preconstruction treatment;

     (b) The date that the preconstruction treatment was performed;

     (c) The trade name of the termiticide that was applied;

     (d) If the termiticide was diluted, the concentration of the diluted termiticide that was applied, written as a percentage of the active ingredient of the diluted termiticide that was applied;

     (e) The total number of gallons of the diluted termiticide that was applied;

     (f) The printed full name of the licensee who performed the preconstruction treatment;

     (g) A statement indicating whether the licensee performed a preconstruction treatment to soil, a preconstruction treatment to wood, or a combination thereof;

     (h) If the licensee performed a preconstruction treatment to soil, a statement indicating whether the licensee applied the termiticide vertically, horizontally, or in both manners; and

     (i) If the licensee must leave the site before completing the preconstruction treatment, a statement indicating that the preconstruction treatment is incomplete.

     2.  The information required to be included on a tag for preconstruction treatment pursuant to subsection 1 must be legible and an accurate and truthful representation of the preconstruction treatment performed.

     3.  Each tag for preconstruction treatment must be:

     (a) Affixed securely at the site of each preconstruction treatment immediately after each application of termiticide; and

     (b) Except as otherwise provided in subsections 4 and 5, prominently displayed:

          (1) On the pipes for plumbing;

          (2) On a board that is located at the site of the construction and includes the permit or records of inspection of the contractor of the structure under construction; or

          (3) Any other location approved by the Director.

     4.  If the licensee performed a preconstruction treatment to soil and the soil adjacent to the exterior of the foundation was not treated during the initial treatment, after its treatment, the portion of the tag containing the information relating to the final treatment must be placed in the electrical box of the structure and must include the following information:

     (a) The name of the pest control business that performed the preconstruction treatment;

     (b) The full name of the licensee who performed the preconstruction treatment;

     (c) The date that the final treatment was applied;

     (d) The trade name of the termiticide that was applied;

     (e) The number of gallons of the diluted termiticide that was applied; and

     (f) If the termiticide was diluted, the concentration of the diluted termiticide that was applied, written as a percentage of the active ingredient of the diluted termiticide that was applied.

     5.  If the contractor of the structure under construction on which the preconstruction treatment is being performed requests a tag for preconstruction treatment, the licensee shall:

     (a) Prepare a duplicate tag;

     (b) Print the word “DUPLICATE” in capital letters on the tag; and

     (c) Post the tag on the site in the location requested by the contractor or deliver the tag to the contractor.

     (Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002; A by R062-10, 1-13-2011)

      NAC 555.430  Inspection or application of pesticide for wood-destroying pests: Report; tag; restriction on application. (NRS 555.380, 555.390, 555.400)

     1.  Each person who:

     (a) Makes an inspection for wood-destroying pests;

     (b) Gives any oral or written statement relating to such an inspection; or

     (c) After the construction of a structure, makes an application of a pesticide to eradicate wood-destroying pests,

Ê shall write and deliver a report of the inspection or the application of a pesticide to the person requesting the inspection or application, or a designated agent thereof, not later than 5 days after the inspection or the application. The report must be on a numbered form supplied by the Department.

     2.  A copy of each report must be filed with the district or subdistrict office of the Department not later than 15 days after the inspection or the application of a pesticide is made.

     3.  The report must contain:

     (a) The name, license number and mailing address of the pest control business performing the inspection or the application of a pesticide and the date of the inspection or application.

     (b) The number assigned to the escrow or mortgage by the Federal Housing Administration or the Department of Veterans Affairs, if applicable and obtainable.

     (c) The street address, city and zip code where the property is located.

     (d) The name of the person who requested the inspection or the application of a pesticide.

     (e) The name of the person to whom the original of the report is being sent.

     (f) The name and address of the owner of the property.

     (g) The name and address of the buyer or other interested person, if applicable and obtainable.

     (h) If an application of a pesticide was made:

          (1) The date of the treatment.

          (2) An identification of any area to which a pesticide was applied.

          (3) The pesticide name and the registration number assigned by the Environmental Protection Agency.

     (i) A statement of whether there is or is not evidence of active or inactive infestations of termites, other wood-destroying insects or wood-destroying fungi. Mold must not be reported as wood-destroying fungi. As used in this paragraph:

          (1) “Active infestation” means the presence of living wood-destroying pests.

          (2) “Inactive infestation” means evidence of infestation by wood-destroying pests, without the presence of such pests.

     (j) A statement of whether there is or is not any condition conducive to infestation, including contact of wood with the earth, a faulty grade, insufficient ventilation, excessive moisture or cellulose debris. As used in this paragraph:

          (1) “Contact of wood with the earth” means any support or other structure of cellulose that is less than 3 inches above the soil level and in contact with the inspected structure, whether it is internal or external in relation to that structure. The term does not include:

               (I) A paling of a fence which is made of wood and which is less than 3 inches above the soil level and in contact with the inspected structure through otherwise acceptable structural elements.

               (II) Lattice which is made of wood and which is less than 3 inches above the soil level if the lattice is physically attached to the inspected structure.

               (III) An attachment to the inspected structure which is made of wood or cellulose and which is less than 3 inches above the soil level if the attachment is separated from the inspected structure by a flashing which is made of metal.

               (IV) A deck which is made of wood and which is less than 3 inches above the soil and in contact with the inspected structure if the deck is separated from the inspected structure by a flashing which is made of metal and the report includes a statement indicating that the deck was excluded from the inspection or application.

               (V) Skirting which is installed on a manufactured home and which is less than 3 inches above the soil and in contact with the inspected structure if the skirting is designed by the manufacturer for contact with the ground, is separated from the inspected structure by a flashing which is made of metal or is supported 3 inches or more above the soil level by pressure-treated wood.

          (2) “Faulty grade” means a condition in which:

               (I) A floor joist or stringer is less than 12 inches above the soil level;

               (II) The top of the foundation is less than 3 inches above the adjacent soil level; or

               (III) The drainage is such that there is visible evidence of exposure of surface water on the structure.

          (3) “Insufficient ventilation” means less than 1 square foot of ventilation per 300 square feet of crawlspace, less than 1 square foot for every 1500 square feet of ground area covered by a vapor barrier and less than four areas permitting ventilation. The term “insufficient ventilation” does not include a crawlspace which is:

               (I) Mechanically ventilated; and

               (II) Free of wood-destroying fungi and excessive moisture.

          (4) “Excessive moisture” means actual moisture on the wood or wood products used in the structure.

          (5) “Cellulose debris” means any such debris that is of a size that can be raked and in the aggregate comprises one-half cubic foot or more, or a stump or any other wood that is imbedded in a footing and constitutes a contact of wood with the earth. The term does not include pressure-treated wood that is used to support a manufactured home or the skirting of a manufactured home.

     (k) A diagram or sketch of the foundation or part of the inspected structure indicating the location of any condition likely to lead to infestation or infection or any area showing infestation or infection.

     (l) A diagram or explanation, or both, of the inspected structure or part of it showing:

          (1) The location of any inaccessible area or subarea and any area or subarea not inspected;

          (2) Any portion of the structure normally visible which cannot be inspected without mechanically altering the structure, including, without limitation, subflooring or a rim joist that is concealed by insulation; or

          (3) Any area where normal conditions have been altered so an inspection is not possible, such as storage in a closet.

     (m) The full name, license number and signature of the licensee performing the inspection and application of a pesticide if an application is performed.

     4.  Upon completion of an inspection or the application of a pesticide, the person making the inspection or application shall:

     (a) If the structure has a crawlspace beneath it, affix a tag supplied by the Department to the structure in an area in which the tag is visible from the entrance to the crawlspace;

     (b) If the structure does not have a crawlspace beneath it, affix a tag supplied by the Department to the structure in an area in which the tag is visible from the access area under the kitchen sink; or

     (c) If the inspection or application is performed at a structure with multiple units for occupancy, deliver the tag to the office of the manager of the structure or to the owner of the structure if there is no office of the manager of the structure.

     5.  The tag affixed pursuant to subsection 4 must contain:

     (a) The license number and name of the pest control business that performed the inspection or application.

     (b) A statement indicating whether an inspection or application was performed. If an application was performed, the tag must contain a statement of the name, amount and concentration of the pesticide applied.

     (c) The date on which the inspection or application was performed.

     6.  Unless otherwise authorized by the Director, each person who, after the construction of a structure, applies a termiticide or other pesticide to eradicate wood-destroying pests shall apply the termiticide or other pesticide only to the sites and in the specific quantities and dosages listed on the label of the termiticide or other pesticide.

     7.  As used in this section, “pressure-treated wood” means wood or wood products that:

     (a) Are pressure-treated or certified by the Board of Review of the American Lumber Standard Committee, Inc.;

     (b) Are designed by the manufacturer for contact with the ground;

     (c) Are guaranteed against structural damage by termites or fungal decay; or

     (d) Are described in paragraph (a), (b) or (c) and have surfaces which have been cut, if those surfaces have been treated with a preservative for wood and the wood or wood products have been inspected and determined to be free of infestation.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 1-17-77; 6-11-80]—(NAC A 2-5-82; 1-19-84; 11-7-84; 12-10-92; A by Div. of Agriculture, 11-12-93; A by Bd. of Agriculture, 8-9-94; A by Dep’t of Agriculture by R033-01, 5-1-2002; R147-03, 1-22-2004; R062-10, 1-13-2011)

      NAC 555.440  Precautionary requirements. (NRS 555.380, 555.400)

     1.  A licensee or certified applicator engaged in the application of pesticides shall exercise reasonable precautions to protect persons, animals, crops and property from harm or damage.

     2.  A pesticide or its empty container must not be disposed of or left unattended where it may present a hazard to any person, animal, crop or property, or be disposed of in a manner likely to cause injury. A licensee or certified applicator shall ensure that all empty containers are removed from the operations work site or otherwise safeguarded.

     3.  A licensee or certified applicator engaged in the application of pesticides shall:

     (a) Provide his or her employees with the information, precautions and safety equipment required by the manufacturer of the pesticide or recommended by the Department; and

     (b) Ensure that any safety equipment provided pursuant to paragraph (a) is in good working order.

     4.  A licensee or certified applicator engaged in the application of pesticides shall use materials, dosages, formulas, devices and methods of application and disposal only in accordance with the directions on the label of the pesticide or device registered by the Environmental Protection Agency, registered by the Department or in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

     5.  A licensee who performs a preconstruction treatment to the soil using a liquid termiticide shall use, unless otherwise authorized by the Director:

     (a) A flow metering device which is accurately calibrated to display the number of gallons of termiticide dispensed pursuant to NAC 555.410, 555.428 and 555.700; or

     (b) A measuring device which is accurately calibrated by the equipment manufacturer to display the number of gallons of termiticide dispensed pursuant to NAC 555.410, 555.428 and 555.700.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002; R062-10, 1-13-2011)

      NAC 555.445  Labels for service containers. (NRS 555.400)

     1.  All service containers of operators working in the field of urban and structural pest control must bear the following abbreviated labels, securely attached to the containers:

     (a) For a service container used to store or transport concentrated pesticide, the:

          (1) Name, address and telephone number of the business.

          (2) Name of the pesticide.

          (3) Registration number assigned to the pesticide by the United States Environmental Protection Agency or by the Department.

          (4) Name and percentage of the active ingredient.

          (5) Precautionary (signal) word and symbol from the registered label.

     (b) For a service container used to store or transport diluted pesticide, the:

          (1) Name, address and telephone number of the business.

          (2) Name of the pesticide, preceded by the word “diluted.”

          (3) Registration number assigned to the pesticide by the Environmental Protection Agency or the Department for the pesticide, preceded by the words “derived from.”

          (4) Name and percentage of the active ingredient.

          (5) Precautionary (signal) word from the registered label.

     2.  Except for the service containers described in subsection 1 and the equipment for application, all containers in which undiluted pesticide is stored must bear the original label, which must be conspicuous and clearly legible.

     3.  A complete label must be carried in the vehicle for each pesticide in the vehicle.

     [Dep’t of Agriculture, part No. 55.37, eff. 8-1-74; A 6-11-80]—(NAC A 2-5-82; 10-17-86)

      NAC 555.460  Protection of persons and animals. (NRS 555.380, 555.400)  A licensee engaged in the application of pesticides known to be harmful to persons or animals other than bees, shall:

     1.  Give notice to the owner of any animals known to be on the property to be treated or on property where the material appears likely to drift in harmful amounts within a reasonable time before treatment to enable the owner to protect the animals.

     2.  Exercise reasonable precautions to prevent access of animals to areas where harmful residues remain.

     3.  In applying materials harmful to fish, exercise reasonable precautions to avoid contaminating the water containing the fish.

     4.  Place rodenticides in an area that is inaccessible to children or pets or other domestic animals or in a tamper-resistant bait station that is marked on the outside of the bait station with the following information:

     (a) The name, address and telephone number of the pest control business that performed the pest control;

     (b) The name of the rodenticide;

     (c) The registration number assigned to the rodenticide by the Environmental Protection Agency;

     (d) The name and percentage of the active ingredient of the rodenticide; and

     (e) The precautionary word and symbol for the rodenticide that is used by the manufacturer of the rodenticide on the label of the rodenticide.

     5.  Upon termination of the services of the pest control business, remove any bait stations placed on the property by the pest control business.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002)

      NAC 555.470  Protection of bees. (NRS 555.380, 555.400)

     1.  Except as otherwise provided in subsection 2, any licensee who intends to apply to agricultural crops any pesticide known to be harmful to bees shall give notice of that intent to any apiarist having bees on the land to be treated or on adjacent land, so that the apiarist will be able to protect his or her bees.

     2.  The notice is not required if the apiarist has not given the licensee current information regarding the location of the apiary.

     3.  The notice required by this section must be given personally or by telephone to the apiarist.

     4.  Except as otherwise provided in this subsection, the notice must be given not more than 72 hours and not less than 24 hours before the application. Notice of an intent to apply the organophosphorous insecticide Parathion in microencapsulated formulations or carbamate insecticides (Sevin, carbaryl; Furadan, carbofuran) must be given at least 48 hours before the application to each apiarist having apiaries within 2 miles of the field to be treated if the apiarist has provided the licensee with the location of his or her apiaries. If an application is postponed after proper notice has been given, the licensee must repeat the notice at least 12 hours before the rescheduled application.

     5.  The notice required by this section must include:

     (a) The name of the person for whom the application is to be made;

     (b) The location and acreage of the land to be treated; and

     (c) The name of the pesticide to be applied.

     [Dep’t of Agriculture, part No. 55.34, eff. 6-1-59; A 7-1-69; 5-22-72; + part No. 55.37, eff. 8-1-74; A 1-17-77; 5-2-78; 6-11-80]—(NAC A 2-5-82; 10-14-82; 10-17-86)

      NAC 555.510  Fumigation procedures. (NRS 555.380, 555.400)

     1.  Fumigation may be performed only under the supervision of a person who is certified pursuant to NAC 555.600 to 555.700, inclusive.

     2.  The person exercising supervision over the fumigation shall be:

     (a) Physically present at the premises being fumigated;

     (b) Available to provide immediate guidance and instruction to each person performing the fumigation; and

     (c) Licensed in the category of fumigation pursuant to subparagraph (4) of paragraph (c) of subsection 2 of NAC 555.280 or hold a nonprimary principal commercial applicator certification in the category of fumigation pest control as set forth in NAC 555.620 or hold a private applicator certification in the category of fumigation as set forth in NAC 555.640.

     3.  Except as otherwise provided in subsection 4, at least one licensee and one person under the supervision of that licensee shall be present:

 

     (a) During the release of the fumigant; and

     (b) Until the ventilation and aeration process is complete and the warning signs are removed from the premises.

     4.  Unless otherwise specified on its label, a fumigant in tablet or pellet form that is used in the custom application of pesticides must be applied by at least one licensee who is present during the introduction of the fumigant.

     5.  The person exercising supervision over the fumigation shall ensure that the following items are on the premises being fumigated and are in good working order:

     (a) A complete label and any supplemental labels from the fumigant being used, including, without limitation, any instructions for the use of the fumigant published by the manufacturer of the fumigant, and, if required, a copy of the fully developed site-specific fumigation management plan; and

     (b) For each type of fumigant being used, the antidote, if any, as prescribed by the manufacturer of the fumigant and the instructions for administering the antidote as prescribed by the manufacturer of the fumigant.

     [Dep’t of Agriculture, No. 55.39, eff. 8-1-74; A 1-17-77]—(NAC A 2-5-82; R033-01, 5-1-2002; R147-03, 1-22-2004; R062-10, 1-13-2011)

Administrative Complaints

      NAC 555.524  Definitions. (NRS 555.400)  As used in NAC 555.524 to 555.5275, inclusive, unless the context otherwise requires, the words and terms defined in NAC 555.5243 to 555.5255, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5243  “Administrative complaint” defined. (NRS 555.400)  “Administrative complaint” means a formal notice in writing of a violation of a provision of NRS 555.2605 to 555.460, inclusive, or a regulation adopted pursuant thereto, prepared by the Department after an investigation.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5245  “Committee” defined. (NRS 555.400)  “Committee” means a case review committee of the Department appointed pursuant to NAC 555.5265.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5247  “Enforcement action” defined. (NRS 555.400)  “Enforcement action” means a remedy or penalty that is authorized by statute in order to punish, deter or correct a violation of any provision of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto. The term includes:

     1.  A fine imposed pursuant to the provisions of NAC 555.530;

     2.  A notice of warning;

     3.  An order to take appropriate action to correct a violation issued pursuant to paragraph (a) of subsection 2 of NRS 555.470;

     4.  A request to the district attorney of a county to initiate a criminal investigation or complaint against a person pursuant to paragraph (b) of subsection 2 of NRS 555.470; and

     5.  The suspension, revocation or modification of a license or certificate issued pursuant to chapter 555 of NRS.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.525  “Informal case review” defined. (NRS 555.400)  “Informal case review” means the process by which a committee attempts to redress a violation of any provision of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto, without a hearing.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5253  “Informal disposition” defined. (NRS 555.400)  “Informal disposition” means an action described in NAC 561.400.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5255  “Notice of warning” defined. (NRS 555.400)  “Notice of warning” means an enforcement action that imposes no immediate penalty for a violation of any provision of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto, but notifies a person that the Department will pursue a more stringent enforcement action for a subsequent violation.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.526  Contents; notification of options; notice of warning in lieu of serving complaint. (NRS 555.400)

     1.  Except as otherwise provided in subsection 4, if the Department has reason to believe that a person has violated any provision of NRS 555.2605 to 555.460, inclusive, or any regulation adopted pursuant thereto, it will serve upon that person an administrative complaint that contains:

     (a) The name of the person alleged to have committed the violation;

     (b) A short and plain statement of the acts or omissions alleged to have been committed in violation of those provisions and the citation of the provisions allegedly violated; and

     (c) The enforcement action that the Department intends to pursue.

     2.  At the time of serving an administrative complaint on a person, the Department will notify the person that he or she may:

     (a) Agree to an informal disposition;

     (b) Request an informal case review; or

     (c) Demand a hearing pursuant to NRS 555.470.

     3.  The Department will notify the person named in the administrative complaint that if he or she does not exercise one of the options set forth in subsection 2, the Department will proceed to a hearing on the violation pursuant to the provisions of NAC 561.300 to 561.580, inclusive.

     4.  In lieu of serving an administrative complaint pursuant to subsection 1, the Director may issue a notice of warning if the violation that the Department believes the person has committed is the first offense of a nonserious violation.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99; A by R033-01, 5-1-2002)

      NAC 555.5265  Informal case review by committee. (NRS 555.400)

     1.  If a person named in an administrative complaint requests an informal case review, the Department will appoint a committee to conduct the review.

     2.  Except as otherwise provided in subsection 3, the committee will consist of the:

     (a) Assistant Director of the Department;

     (b) Administrator of the Division of Plant Industry of the Department; and

     (c) Regional manager of the region where the violation is alleged to have occurred.

     3.  If any person identified in subsection 2 is unable, for any reason, to serve on a committee, the Director may appoint another employee of the Department to the committee.

     4.  The committee shall consider any pertinent documents, exhibits, oral or written statements or other information, including mitigating circumstances, offered by the person named in the administrative complaint, his or her representative or the investigator who originated the administrative complaint.

     5.  After the committee has considered all the information offered pursuant to subsection 4, it shall:

     (a) Dismiss the administrative complaint in its entirety; or

     (b) Adopt, amend or replace the administrative complaint, including the statutes or regulations alleged to have been violated and the intended enforcement action, and:

          (1) Issue a notice of warning to the person named in the complaint;

          (2) Provide for an informal disposition of the complaint; or

          (3) Recommend to the Department that it commence a hearing on the administrative complaint pursuant to the provisions of NAC 561.300 to 561.580, inclusive.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.527  Actions by Department upon committee decision. (NRS 555.400)  After a committee has issued its decision, the Department will:

     1.  Serve a copy of the decision on the person named in the administrative complaint; and

     2.  Unless the decision resulted in a dismissal or informal disposition of the administrative complaint or a notice of warning, notify the person that the Department will commence a hearing on the administrative complaint pursuant to the provisions of NAC 561.300 to 561.580, inclusive, unless before a date stated in the notice, the person:

     (a) Enters into an informal disposition; or

     (b) Demands a hearing pursuant to the provisions of NRS 555.470.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

      NAC 555.5275  Service of documents. (NRS 555.400)  Any administrative complaint, decision, notice of warning or other document issued by the Department or a committee pursuant to NAC 555.524 to 555.527, inclusive, may be served:

     1.  In person; or

     2.  By certified or registered mail to the person’s last known business address.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)

Fines

      NAC 555.530  Schedule of administrative fines. (NRS 555.400, 555.470)  In addition to any other penalty, the Director may assess a fine against a person according to the following schedule:

 

CERTIFICATION

 

COMMERCIAL

APPLICATOR

 

PRIVATE

APPLICATOR

 

 

 

 

 

     1.  Except as otherwise provided in this section, for a violation of NRS 555.2605 to 555.460, inclusive.................................................

 

$100 to $1,000

 

$100 to $1,000

     2.  For a violation of NRS 555.351:

 

 

 

 

     (a) If it is a nonserious violation.....................

 

$100 to $1,000

 

$50 to $300

     (b) If it is a serious violation...........................

 

$1,001 to $5,000

 

$301 to $1,000

     3.  For a violation of NRS 555.359, if the violation is for:

 

 

 

 

     (a) Knowingly applying ineffective or improper materials................................................

 

$300

 

$50

     (b) Applying materials in a manner which is inconsistent with labeling or other restrictions imposed by the Director:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

 

$50 to $300

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$301 to $1,000

     (c) Operating faulty or unsafe equipment.......

 

$100

 

$50

     (d) Applying pesticides in a faulty, careless or negligent manner:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

 

$50 to $300

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$301 to $1,000

     (e) Aiding or abetting an uncertified person to avoid the provisions of NRS 555.351 to 555.357, inclusive.................................................

 

$100 to $1,000

 

$50 to $300

     (f) Conspiring with an uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, or allowing his or her certificate to be used by an uncertified person....

 

 

 

 

$1,001 to $5,000

 

 

 

 

$301 to $1,000

     (g) Fraudulently or deceptively procuring a certificate..............................................................

 

 

$1,001 to $5,000

 

 

$301 to $1,000

     (h) Falsifying records or reports.....................

 

$250 to $500

 

$100 to $250

     (i) Failing to give adequate instructions or directions to an uncertified person under his or her supervision:

          (1) If it is a nonserious violation................

 

 

 

 

$100 to $500

 

 

 

 

$50 to $300

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$301 to $1,000

     4.  For a violation of NAC 555.440, if the violation is for:

 

 

 

 

     (a) Failing to exercise reasonable precautions to protect persons, animals, crops or property:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

 

$50 to $300

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$301 to $1,000

     (b) Disposing of or leaving unattended a pesticide or its empty container where it may present a hazard to any person, animal, crop or property or failing to dispose of the pesticide or container in a safe manner or failing to remove or otherwise safeguard empty containers from the workplace.............................................................

 

$200 to $500

 

$100 to $300

     (c) Failing to provide employees with the required information, precautions and safety equipment:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

(per item not

provided)

 

$50 to $300

(per item not

provided)

          (2) If it is a serious violation......................

 

$1,001 to $5,000

(per item not

provided)

 

$301 to $1,000

(per item not

provided)

     (d) Failing to maintain the required safety equipment in good working order........................

 

 

$100 to $1,000

(per item not

maintained)

 

 

$50 to $300

(per item not maintained)

     (e) Not using materials, dosages, formulas, devices, or methods of application and disposal in accordance with the directions on the label of the pesticide or device or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

 

$50 to $300

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$301 to $1,000

     5.  For a violation of NAC 555.510, if the violation is for:

 

 

 

 

     (a) Fumigating without the supervision of a person who is a certified applicator:

 

 

 

 

          (1) If it is a nonserious violation................

 

$100 to $1,000

 

$50 to $500

          (2) If it is a serious violation......................

 

$1,001 to $5,000

 

$501 to $5,000

     (b) Failing to have a complete label and any supplemental labels from the fumigant being used, including, without limitation, any instructions for the use of the fumigant published by the manufacturer of the fumigant, and, if required, a copy of the fully developed site-specific fumigation management plan...........

 

 

 

 

 

 

 

$100 to $500

(per item not

provided)

 

$100 to $300

(per item not

provided)

     (c) Failing to have the antidote and instructions for administering it, if any, as prescribed by the manufacturer of the fumigant..

 

$50 to $300

 

$50 to $300

     6.  For a violation of NAC 555.700, if the violation is for:

 

 

 

 

     (a) Failing to keep an accurate and legible record of each property treated for 2 years..........

 

$100

 

$50

     (b) Failing to maintain required information for 2 years.............................................................

 

 

$100

 

 

$50

     (c) Failing to report immediately any emergency dump or accidental spillage of a pesticide...............................................................

 

 

 

$100

 

 

 

$50

     (d) Failing to report within 48 hours any case of apparent pesticide poisoning requiring medical treatment..............................................................

 

 

 

$100

 

 

 

$50

     (e) Failing to have contact with an applicator under his or her direct supervision at least once every hour at night and at least once every 2 hours during daylight hours.................................

 

 

 

 

$100

 

 

 

 

$50

 

 

LICENSEES

 

FIRST

OFFENSE

 

SUBSEQUENT

OFFENSE

 

 

 

 

 

 

 

     7.  Except as otherwise provided in this section, for a violation of a provision of NRS 555.2605 to 555.460, inclusive............................

 

$100 to $500

 

$301 to $1,000

 

     8.  For a violation of NRS 555.280...............

 

$500

 

$1,000

 

     9.  For a violation of NRS 555.285...............

 

$500

 

$1,000

 

     10.  For failing to supervise adequately an applicator who does not have a license issued by the Director..........................................................

 

$500

 

$500

 

     11.  For a violation of NAC 555.290, if the violation is for:

 

 

 

 

 

     (a) Failing to carry the license issued to him or her by the Director while engaged in pest control or failing to produce the license upon request by the Director or a designated field agent or inspector.................................................

 

$25

 

$25

 

 

 

 

 

     (b) Failing to notify the Director of any change in the status of authority of any primary principal, principal, operator or agent or of any change in the information given on the application for the license of the pest control business................................................................

 

$100

 

$100

 

     (c) Failing to submit a new application and fee if a change in ownership occurs.....................

 

 

$25

 

 

$25

 

     12.  Failing to obtain the permit required pursuant to NAC 555.300 or to provide accurate or complete information on an application for such a permit........................................................

 

 

 

 

$25

 

 

 

 

$25

 

     13.  For a violation of NAC 555.385, if the violation is for failing to provide written notice to the Department of the termination of the employment of a primary principal, principal, operator or agent from the pest control business within 15 days after the date on which that termination occurs................................................

 

$100

 

$100

 

     14.  For a violation of NAC 555.400, if the violation is for:

 

 

 

 

 

     (a) Applying a pesticide in a category of pest control for which he or she is not licensed...........

 

$500

 

$1,000

 

     (b) Using a method or equipment for applying a pesticide which is not capable of properly applying materials..................................

 

 

 

$100 to $500

 

 

 

$301 to $1000

 

     (c) Applying pesticides where climatic, pest or crop conditions are not proper for controlling the pest for which the application is made:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     (d) Failing to keep pest control equipment in good condition.....................................................

 

 

$25 to $100

 

 

$50 to $301

 

     (e) Not using devices which are accurately calibrated to the smallest possible unit when measuring concentrated materials........................

 

 

 

$25 to $100

 

 

 

$50 to $301

 

     (f) Failing to maintain a uniform mixture.......

 

$25

 

$25

 

     (g) Failing to confine in a substantial manner the material applied to the premises where the crop, animal, ornamental, soil or pest which is being treated:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     (h) Failing to clean thoroughly all equipment after use................................................................

 

 

$25

 

 

$25

 

     (i) Failing to store undiluted pesticides in a locked facility or failing to handle serviceperson’s kits with extreme caution or leaving the kits where children or other unauthorized persons might remove the contents:

 

 

 

 

 

 

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     15.  For a violation of NAC 555.410, if the violation is for:

 

 

 

 

 

     (a) Failing to keep an accurate and legible record of each property treated for 2 years..........

 

$100 to $500

 

$501 to $1,000

 

     (b) Failing to record an item of information required for the record.........................................

 

 

$25 to $100

 

 

$50 to $301

 

     (c) Failing to keep a copy of each report prepared pursuant to NAC 555.430 for 5 years after the report is completed................................

 

$100 to $500

 

$501 to $1,000

 

     (d) Failing to report to the Director within 48 hours any cases of apparent pesticide poisoning which require medical treatment:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$100

 

$100

 

          (2) If it is a serious violation......................

 

$500

 

$500

 

     (e) Failing to file the required monthly report on or before the 15th day of the following month...................................................................

 

 

 

$100

 

 

 

$100

 

     16.  For a violation of NAC 555.420, if the violation is for using a material for pest control which is not registered in this State as a pesticide    

 

 

 

 

$100

 

 

 

 

$100

 

     17.  For a violation of NRS 555.420, if the violation is for failing to respond to a request for an inspection or other activity specified in that section or to submit to such an inspection or activity..................................................................

 

$100 to $1,000

 

$100 to $5,000

 

     18.  For a violation of NAC 555.415............

 

$100 to $1,000

 

$301 to $1,000

 

     19.  For a violation of NAC 555.425, if the violation is for:

 

 

 

 

 

     (a) Failing to display prominently his or her permanent license number and the name of the business on all service vehicles of the business on both sides of such vehicles in letters at least 2 inches in height and in a color which contrasts with the color of the vehicle.................................

 

$25

 

$100

 

     (b) Failing to equip a service vehicle used in the custom application of pesticides with:

 

 

 

 

 

          (1) Clothing and equipment designed to provide protection against any pesticide carried on or in the vehicle...............................................

 

$100

 

$150

 

          (2) Absorbent material capable of absorbing and containing more than 1 gallon of pesticide that has been spilled..............................

 

$100

 

$150

 

          (3) Equipment designed to store safely materials contaminated with pesticide.................

 

$100

 

$150

 

          (4) A sufficient quantity of potable water to wash skin exposed to pesticide........................

 

$100

 

$100

 

     20.  For a violation of NAC 555.427, if the violation is for:

 

 

 

 

 

 

 

 

 

 

 

     (a) Failing to submit the form entitled “Termiticide Pretreatment Notification Form”....

 

$301 to $1,000

 

$1,001 to $5,000

 

     (b) Failing to include each item of information required on the form entitled “Termiticide Pretreatment Notification Form”....

 

 

 

$25 to $100

(per item not

included)

 

$50 to $301

(per item not

included)

 

     (c) Failing to apply the termiticide only to sites or in the specific quantities or dosages listed on the label of the termiticide, unless otherwise authorized by the Director...................................

 

$500 to $1,000

 

$1,001 to $5,000

 

     (d) Failing, as part of a preconstruction treatment to soil, to apply the termiticide in a manner that establishes a vertical barrier at the exterior of the walls of the foundation or the exterior of the concrete slab, as appropriate, within 30 days after grading and any other disturbance of the soil has been completed..........

 

$301 to $1,000

 

$1,001 to $5,000

 

     21.  For a violation of NAC 555.428, if the violation is for:

 

 

 

 

 

     (a) Falsifying or failing to record legibly and accurately the information required on the tag for preconstruction treatment...............................

 

$301 to $1,000

 

$1,001 to $5,000

 

     (b) Failing to include each item of information required on the tag for preconstruction treatment.....................................

 

 

 

$50 to $100

(per item not

included)

 

$100 to $301

(per item not

included)

 

     (c) Failing to affix securely a tag for preconstruction treatment at the site of the preconstruction treatment immediately after an application of termiticide.....................................

 

$301 to $1,000

 

$301 to $1,000

 

     22.  For a violation of NAC 555.430, if the violation is for:

 

 

 

 

 

     (a) Failing to write and deliver the required report before starting work on a project or giving an oral or written opinion on a form supplied by the Department.....................................................

 

$100

 

$150

 

     (b) Failing to file a report with the district or subdistrict within 15 days after the inspection is made.....................................................................     

 

 

 

$100

 

 

 

$150

 

     (c) Failing to include each item of information required in a report...........................

 

 

$50 to $500

(per item not

included)

 

$50 to $1,000

(per item not

included)

 

     (d) Failing to affix or deliver a tag as required upon completion of an inspection or after an application of a pesticide........................

 

$100

 

$300

 

 

 

 

 

 

     (e) Failing to record each item of information required on the tag...............................................

 

 

$25 to $100

(per item not

included)

 

$100 to $301

(per item not

included)

 

     (f) Failing to apply a termiticide or other pesticide to eradicate wood-destroying pests only to sites or in the specific quantities or dosages listed on the label of the termiticide or other pesticide, unless otherwise authorized by the Director:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     23.  For a violation of NAC 555.440, if the violation is for:

 

 

 

 

 

     (a) Failing to exercise reasonable precautions to protect persons, animals, crops or property:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     (b) Disposing of or leaving unattended a pesticide or its empty container where it may present a hazard to any person, animal, crop or property or failing to dispose of the pesticide or container in a safe manner or failing to remove or otherwise safeguard empty containers from the workplace 

 

$100 to $301

 

$301 to $1,000

 

     (c) Failing to provide employees with the required information, precautions and safety equipment:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

(per item not

provided)

 

$301 to $1,000

(per item not

provided)

 

          (2) If it is a serious violation......................

 

$501 to $5,000

(per item not

provided)

 

$1,001 to $5,000

(per item not

provided)

 

     (d) Failing to keep the required safety equipment in good working order........................

 

 

$50 to $300

(per item not

maintained)

 

$301 to $1,000

(per item not

maintained)

 

     (e) Not using materials, dosages, formulas, devices or methods of application and disposal in accordance with the directions on the label of the pesticide or device or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $5,000

 

$1,001 to $5,000

 

     (f) Failing to use an accurately calibrated metering device when dispensing a termiticide...

 

$100 to $301

 

$301 to $1,000

 

     24.  For a violation of NAC 555.445, if the violation is for:

 

 

 

 

 

 

 

 

 

 

     (a) Failing to attach abbreviated labels to a service container...................................................

 

$50 to $100

 

$50 to $301

 

     (b) Failing to include each item of information required on an abbreviated label.......

 

 

$50 to $100

 

 

$50 to $301

 

     (c) Failing to carry a complete label for each pesticide in the vehicle.........................................

 

 

$50 to $100

 

 

$50 to $301

 

     25.  For a violation of NAC 555.460, if the violation is for:

 

 

 

 

 

     (a) Failing to give notice within a reasonable time before treatment to an owner of any animals known to be on the property to be treated or on property where a material containing a harmful substance is likely to drift....................................

 

$100 to $500

 

$301 to $1,000

 

     (b) Failing to exercise reasonable precautions to prevent access of animals to areas where harmful residues remain.......................................

 

 

 

$100 to $500

 

 

 

$301 to $1,000

 

     (c) Failing to exercise reasonable precaution to avoid contaminating water containing fish......

 

 

$100 to $500

 

 

$301 to $1,000

 

     (d) Failing to place a rodenticide in an area that is inaccessible to children or pets or other domestic animals or in a tamper-resistant bait station:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $1,000

 

$1,001 to $5,000

 

     (e) Failing to mark the outside of a bait station with the required information:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$25 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $1,000

 

$1,001 to $5,000

 

     (f) Failing to remove bait stations placed on the property by the pest control business upon termination of the services of the pest control business:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $1,000

 

$1,001 to $5,000

 

     26.  For a violation of NAC 555.470, if the violation is for:

 

 

 

 

 

     (a) Failing to give notice personally or by telephone to an apiarist within the required time.

 

$100 to $500

 

$301 to $1,000

 

     (b) Failing to give notice of his or her intent to apply specified pesticides to each apiarist within 2 miles of the field to be treated within the required time..................................................

 

 

 

 

$100 to $500

 

 

 

 

$301 to $1,000

 

     (c) Failing to provide each item of information required to be included in the notice     

 

 

 

$100 to $500

 

 

 

$301 to $1,000

 

     27.  For a violation of NAC 555.510, if the violation is for:

 

 

 

 

 

 

 

 

 

 

     (a) Fumigating without the supervision of a person who is a certified applicator and licensed pursuant to subparagraph (4) of paragraph (c) of subsection 2 of NAC 555.280 to perform pest control using lethal fumigants:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $1,000

 

$1,001 to $5,000

 

     (b) Except as otherwise provided by NAC 555.510, failing to have at least one licensee and one person under the supervision of that licensee present during the release of the fumigant or the ventilation process:

 

 

 

 

 

          (1) If it is a nonserious violation................

 

$50 to $500

 

$301 to $1,000

 

          (2) If it is a serious violation......................

 

$501 to $1,000

 

$1,001 to $5,000

 

     (c) Failing to have a complete label and any supplemental labels from the fumigant being used, including, without limitation, any instructions for the use of the fumigant published by the manufacturer of the fumigant, and, if required, a copy of the fully developed site-specific fumigation management plan...........

 

 

 

 

 

 

 

$50 to $300

(per item not

provided)

 

$501 to $1,000

(per item not

provided)

 

     (d) Failing to have the antidote and instructions for administering it, if any, as prescribed by the manufacturer of the fumigant..

 

$50 to $300

 

$301 to $1,000

     (Added to NAC by Div. of Agriculture, eff. 1-6-95; A by Dep’t of Agriculture by R033-01, 5-1-2002; R147-03, 1-22-2004; R052-06, 6-28-2006; R062-10, 1-13-2011)

CERTIFIED APPLICATORS

      NAC 555.600  Definitions. (NRS 555.400, 561.105)  As used in NAC 555.600 to 555.700, inclusive, unless the context otherwise requires:

     1.  “Browsing” means the consumption of leaf and twig growth of shrubs, woody vines and trees by an animal.

     2.  “Competent” means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

     3.  “Container” means any package, can, bottle, bag, barrel, drum, tank or other containing device, excluding spray applicator tanks, used to enclose a pesticide or waste related to pesticide.

     4.  “Control” means to prevent, destroy, repel or mitigate any undesirable organism.

     5.  “Direct supervision” means that a person who is certified in the use of a restricted-use pesticide is responsible for and provides guidance to a person applying the restricted-use pesticide who is not certified in the use of the restricted-use pesticide. The physical presence of the person who is certified in the use of the restricted-use pesticide at the site of application is not required unless the label on the pesticide requires the presence of such a person.

     6.  “Ectoparasite” means any organism that occurs externally on, or whose life cycle involves development within, an organism of another species (host) and derives its nutriment from it.

     7.  “Food handling establishment” means a place other than a private residence in which exposed food is held, processed, prepared or served.

     8.  “Forage” means any herbaceous plant or plant part normally grazed on by, or fed to, animals.

     9.  “Forest” means any concentration of trees and related vegetation in a nonurban area sparsely inhabited by and infrequently used by humans, characterized by natural terrain and drainage patterns.

     10.  “Fumigation”:

     (a) Means the destruction of plant or animal life within an enclosed area by using:

          (1) A substance which has a vapor pressure of more than 5 millimeters of mercury at 25° Centigrade; or

          (2) Any other substance that the Director determines is a fumigant, including, without limitation:

               (I) Chloropicrin;

               (II) Methyl bromide;

               (III) Sulfur dioxide;

               (IV) Propylene oxide;

               (V) Sulfuryl fluoride;

               (VI) Aluminum phosphide;

               (VII) Magnesium phosphide; and

               (VIII) Dichloropropene.

     (b) May include any of the following substances if the intended use of the substance is to destroy plant or animal life within an enclosed area:

          (1) Liquid nitrogen;

          (2) Carbon dioxide; or

          (3) Metam sodium.

     11.  “Grain” means any of the grasses that produce cereals which are used for food.

     12.  “Grazing” means the partial defoliation of forage growth by animal consumption.

     13.  “Habitat” means that specific locality where an organism exists.

     14.  “Licensed primary principal commercial applicator” means a person who:

     (a) Is designated the primary principal of a business of pest control pursuant to NAC 555.395; and

     (b) Is authorized to use or supervise the use of a restricted-use pesticide as a part of a business of pest control.

     15.  “Microorganism” means any animal or plant that is so small as to be invisible or obscure except through a microscope.

     16.  “Mollusk” means any of the phylum of soft-bodied animals usually partially or wholly enclosed within a calcium carbonate shell and having a muscular “foot” for locomotion.

     17.  “Nonprimary principal commercial applicator” means a person who:

     (a) Except as a part of a business of pest control, applies or supervises the application of a restricted-use pesticide; and

     (b) Does not qualify as a private applicator.

     18.  “Nonvascular plant” means a plant without flowers, roots, stems or leaves.

     19.  “Operational site” means that location belonging to a person where an integral function of the business is performed, and includes the person’s land, structures and any other environs and equipment.

     20.  “Pasture” means any fenced area of domesticated forage on which animals are grazed.

     21.  “Plant disease” means any exhibition of some malfunction or abnormality in a plant’s development or growth caused by a microorganism as, for example, fungi, bacteria, viruses, mycoplasmas and nematodes.

     22.  “Predator” means any animal of the class Mammalia of the subphylum Vertebrata that kills and consumes other animals.

     23.  “Private applicator” has the meaning ascribed to it in NRS 555.2681.

     24.  “Range” means any land with native vegetation (climax or natural potential) that is predominantly grasses, grasslike plants, forbs or shrubs suitable for grazing or browsing.

     25.  “Row crop” means any fiber crop, melon crop, vegetable crop or similar crop that is grown in continual lines.

     26.  “Seed crop” means any plant that is grown for the purpose of utilizing the propagative portion of the plant.

     27.  “Vertebrate” means any animal of the subphylum Vertebrata of the phylum Chordata, which has an enlarged brain enclosed in a cranium, or brain case, a segmented vertebral column which supports the body, a head, neck, trunk and usually a tail present.

     28.  “Wildlife” means all living things that are neither human, domesticated nor pests, including, but not limited to, mammals, birds and aquatic life.

     29.  “Wood-destroying pest” means any organism which infests or infects and destroys cellulose.

     [Dep’t of Agriculture Reg., 55.50, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004; A by Bd. of Agriculture by R156-07, 1-30-2008)

      NAC 555.610  Exceptions. (NRS 555.400)

     1.  The provisions of NAC 555.600 to 555.700, inclusive, as appropriate, do not apply to any person applying or supervising the application of any pesticide classified for general use.

     2.  As used in this section, “pesticide classified for general use” means a pesticide that has not been classified as a restricted-use pesticide:

     (a) By the Director; or

     (b) In accordance with the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. §§ 136 et seq.

     [Dep’t of Agriculture Reg., 55.51, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004)

      NAC 555.613  Licensed primary principal commercial applicators: Fields; categories. (NRS 555.400)

     1.  The fields of licensed primary principal commercial applicators are:

     (a) Aerial—The use of aircraft on standing or running water, rangeland or cropland.

     (b) Agricultural ground—The use of ground equipment on rangeland, cropland or animals.

     (c) Urban structural—The use of ground equipment in urban areas and in, on or around structures.

     2.  The categories of licensed primary principal commercial applicators are:

     (a) Aerial:

          (1) Insecticides—The application of insecticides, miticides and acaricides.

          (2) Herbicides—The application of herbicides and plant regulators.

          (3) Desiccants and defoliants—The application of desiccants and defoliants.

          (4) Fungicides and bactericides—The application of fungicides, bactericides and nematicides.

     (b) Agricultural ground:

          (1) Insecticides—The application of insecticides, miticides and acaricides.

          (2) Herbicides—The application of herbicides and plant regulators.

          (3) Desiccants and defoliants—The application of desiccants and defoliants.

          (4) Fungicides and bactericides—The application of fungicides, bactericides and nematicides.

          (5) Rodenticides—The application of rodenticides.

     (c) Urban and structural:

          (1) Ornamental and turf—The control of insects, weeds, vertebrates and plant diseases and the use of plant regulators on ornamentals and turf in urban areas, including, without limitation, fruit trees in urban areas if the fruit trees are not used for commercial purposes.

          (2) Industrial and institutional—The control of insects and vertebrates in, on or around industrial complexes, institutional complexes and dwelling units.

          (3) Structural—The control of wood-destroying pests, inspection for wood-destroying pests and inspection for conditions conducive to infestations of wood-destroying pests.

          (4) Fumigation—The use of poisonous and lethal fumigants.

          (5) Aquatic—The control of insects, weeds and vertebrates in aquatic areas that are used or are intended for use in and around industrial complexes, institutional complexes and dwelling units.

          (6) Right-of-way—The control of weeds in the maintenance of rights-of-way, including, without limitation, public roads, power lines, pipelines and railway rights-of-way.

          (7) Preservation of wood—The application of pesticides directly to wood or wood products that are not a part of a habitable structure to prevent or control the degradation of the wood or wood product by a wood-destroying organism, including, without limitation, a fungus or bacterium.

     (Added to NAC by Dep’t of Agriculture by R147-03, eff. 1-22-2004)

      NAC 555.617  Certification of licensed primary principal commercial applicators; certification in category of fumigation. (NRS 555.355, 555.357, 555.400)

     1.  The Director will deem a licensed primary principal commercial applicator who has been issued a license in a field or category of pest control that is set forth in NAC 555.280 to have been issued a certificate in the same field or category as set forth in NAC 555.613.

     2.  The Director will issue to a licensed primary principal commercial applicator who is deemed to be certified pursuant to subsection 1 a certificate authorizing the application or supervision of the application of restricted-use pesticides for the fields or categories for which the primary principal commercial applicator is deemed to be certified.

     3.  The Director will deem any person who is licensed in the category of fumigation as set forth in NAC 555.280 to be certified in the category of fumigation and will issue to the person a certificate authorizing the application or supervision of the application of a fumigant.

     (Added to NAC by Dep’t of Agriculture by R147-03, eff. 1-22-2004; A by R052-06, 6-28-2006)

      NAC 555.620  Nonprimary principal commercial applicators: Categories. (NRS 555.400)  The categories of nonprimary principal commercial applicators are:

     1.  Agricultural pest control, which includes:

     (a) Animal: The control of insects, including ectoparasites, on or around animals, including, but not limited to, beef cattle, dairy cattle, swine, sheep, horses, goats and poultry, and to places on or in which animals are confined.

     (b) Plant: The control of any pest on or around any agricultural crop, including, but not limited to, the production of forage, grain, pasture, seed, row crops and fruit crops, as well as rangeland, idle cropland and noncropland associated with the production of agricultural crops, or on any other agricultural crop consumed or used by humans or animals, and excluding fumigation pest control.

     2.  Aquatic pest control: The control of any pest in standing or running water, excluding mosquito control and public health pest control.

     3.  Chemigation: The control of any pest through the application of pesticides by injection of the pesticides into irrigation water, excluding fumigation pest control.

     4.  Forest pest control: The control of any pest in rangeland, forests, forest nurseries and forest seed-producing areas.

     5.  Fumigation pest control: The control of any pest by fumigation with poisonous and lethal gases which includes:

     (a) Commodity fumigation: The control of any pest which infests raw agricultural and processed commodities, animal feeds and commodity storage facilities where they are held or stored and are subject to infestations of insects, rats, mice, fungi and bacteria, including, but not limited to, grain elevators, rail cars, truck trailers, vans, shipholds, air and sea containers, other static sealable enclosures, food processing plants with raw or processed commodities, tarpaulin fumigations with raw or processed commodities, prepared bins with raw or processed commodities, warehouses or other areas where raw or processed commodities are stored, beehives and other beekeeping equipment, and excluding fumigation pest control.

     (b) Rodent burrow fumigation: Outdoor applications for the control of nonprotected or endangered burrowing rodents and moles, including, but not limited to, fumigants applied to underground burrow systems for the control of marmots, woodchucks, Norway rats, roof rats, house mice, ground squirrels, moles, voles, pocket gophers and chipmunks, and excluding fumigation pest control.

     (c) Soil fumigation: The control of any soil pest when present in the soil at the time of treatment, including, but not limited to, plant-parasitic nematodes, soil-borne disease causing organisms, weeds and insects.

     (d) Structural fumigation: The control of any industrial or institutional pest, wood-destroying fungi or wood-destroying pest, as defined in NAC 555.2535, 555.2577 and 555.258, which is in, on or around any structure, including, but not limited to, homes, apartments, dwelling units, storage sheds, warehouses, offices, casinos, motels, stores, hospitals, schools and similar institutions, and excluding commodity fumigation, rodent burrow fumigation and soil fumigation.

     6.  Greenhouse and nursery pest control: The control of any pest in the maintenance or production of greenhouse or nursery stock, excluding fumigation pest control.

     7.  Industrial, institutional, structural and health-related pest control, which includes:

     (a) Industrial pest control: The control of any pest, including those that are health-related but excluding wood-destroying pests, in, on or around an industrial complex, including, but not limited to, grain elevators, offices, casinos, motels, stores, operational sites of food handling establishments, warehouses or stored products, and excluding ornamental and turf pest control, fumigation pest control and aquatic pest control.

     (b) Institutional pest control: The control of any pest, including those that are health-related but excluding wood-destroying pests, in, on or around an institutional complex, including, but not limited to, homes, hospitals, schools and similar institutes, especially where children, the physically unfit and germicidal work would be involved, and also including any inanimate objects used in the maintenance of institutional operations, including, but not limited to, garbage cans, wood piles and sidewalks, and excluding ornamental and turf pest control, fumigation pest control and aquatic pest control.

     (c) Structural pest control: The control of any wood-destroying pest in, on or around any structure, including, but not limited to, homes, storage sheds and warehouses, and excluding fumigation pest control.

     8.  Mosquito control: The control of mosquitoes in any habitat, including, but not limited to, reservoirs, lakes, rivers and cropland.

     9.  Ornamental and turf pest control: The control of any pest in the maintenance and production of ornamentals and turf, including, but not limited to, ornamental trees, shrubs, flowers, home fruit trees and home vegetable gardens, and excluding fumigation pest control.

     10.  Predatory pest control/M-44: The control of any predator in any habitat, including, but not limited to, rangeland, forests and cropland.

     11.  Public health pest control: The control of any pest having medical and public health importance by state, federal or other governmental employees.

     12.  Right-of-way pest control: The control of any pest in the maintenance of rights-of-way, including, but not limited to, public roads, electric power lines, pipelines and railway rights-of-way.

     13.  Seed treatment: The treating of seeds to control insects, fungi, bacteria and other microorganisms, and excluding fumigation pest control.

     14.  Sewer line root control: The control of plant roots in the maintenance of sewers.

     15.  Wood preservative: The control of wood-destroying pests through the use of chemicals that preserve wood.

     [Dep’t of Agriculture Reg., 55.52, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004; R062-10, 1-13-2011)

      NAC 555.630  Nonprimary principal commercial applicators: Standards. (NRS 555.355, 555.400)  Standards of competency for nonprimary principal commercial applicators are:

     1.  Agricultural pest control:

     (a) Animal: An applicator who applies a pesticide directly to animals must demonstrate a practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential when host animals will be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment.

     (b) Plant: An applicator must demonstrate a practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted-use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, preharvest intervals, phytotoxicity and potential for environmental contamination, nontarget injury and community problems resulting from the use of restricted-use pesticides in agricultural areas.

     2.  Aquatic pest control: An applicator must demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations and faulty application of restricted-use pesticides used in this category. The applicator must demonstrate practical knowledge of various water-use situations and the potential of downstream effects. Further, he or she must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. An applicator must demonstrate practical knowledge of the principles of limited-area application.

     3.  Chemigation: An applicator must demonstrate practical knowledge of pesticides, safety procedures, environmental concerns, and methods and equipment for the application of pesticides through chemigation systems.

     4.  Forest pest control: An applicator must demonstrate practical knowledge of the type of rangeland, forests, forest nurseries and seed production in the State and the pests involved. He or she must possess a practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge of the relative biotic agents and their vulnerability to the pesticides to be applied is required. The applicator must demonstrate practical knowledge of control methods which minimize the possibility of secondary problems, such as unintended effects on wildlife and natural aquatic habitat. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.

     5.  Fumigation pest control: An applicator must demonstrate practical knowledge of pesticide problems associated with the use of poisonous and lethal gases, including cognizance of potential phytotoxicity to animate host and residual accumulation of fumigants, practical knowledge of fumigant confinement and circulation procedures, injection procedures, dosage calculations, leakage and concentration testing procedures and ventilation.

     6.  Greenhouse and nursery pest control: An applicator must demonstrate practical knowledge of pesticides, plants, plant pests and the adverse effects associated with pesticide use in a greenhouse and nursery.

     7.  Industrial, institutional, structural and health-related pest control: An applicator must demonstrate a practical knowledge of the wide variety of pests encountered in this category, including their life cycles, types of formulations appropriate for their control and methods of application that avoid contamination of food, damage contamination of habitat, and exposure of people and pets. Since human exposure, including babies, children, pregnant women and elderly people is frequently a potential problem, an applicator must demonstrate a practical knowledge of the specific factors which may lead to a hazardous condition, including continuous exposure of human beings in the various situations encountered in this category. An applicator must also demonstrate practical knowledge of the environmental conditions particularly related to this activity.

     8.  Mosquito pest control: An applicator must demonstrate practical knowledge of mosquito pests, including identification and life cycle, reproducing habitats and vector capabilities. Further, he or she must have practical knowledge concerning the potential effects of pesticides on plants, birds, fish and other organisms in aquatic environments, and methods of application that avoid unacceptable contamination of the habitat and exposure to people and animal life.

     9.  Ornamental and turf pest control: An applicator must demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental trees, shrubs, plantings and turf, including cognizance of potential phytotoxicity due to a wide variety of plant material, drift and persistence beyond the intended period of pest control. An applicator in this category must demonstrate practical knowledge of application methods which minimize or prevent hazards to human beings, pets and other domestic animals.

     10.  Predatory pest control/M-44: An applicator must demonstrate a practical knowledge of animal damage and control procedures, including identification of predatory mammals, conditions conducive to animal damage, secondary poisoning and protection of nontarget species, and knowledge of special laws and regulations governing the use of poisons to control predators on private and public lands.

     11.  Public health pest control: An applicator must demonstrate practical knowledge of vector disease transmission as it relates to and influences application programs. The wide variety of pests involved must be known and recognized, and their appropriate life cycles and habitats must be understood as a basis for control strategy. An applicator must have practical knowledge of the various pest environments ranging from streams to those conditions found in buildings. He or she must also have practical knowledge of the importance and employment of such nonchemical control methods as sanitation, waste disposal and drainage.

     12.  Right-of-way pest control: An applicator must demonstrate practical knowledge of the wide variety of environments which rights-of-way may traverse, including waterways. He or she must demonstrate practical knowledge of problems on runoff, drift and excessive foliage destruction and the ability to recognize target organisms. The applicator must also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the result of their application activities in the adjacent areas and communities.

     13.  Seed treatment: An applicator must demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers and surface active agents which influence pesticide binding and may affect germination. He or she must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seeds.

     14.  Sewer line root control: An applicator must demonstrate a practical knowledge of the characteristics of herbicides and the environmental effects, precautions and concerns associated with sewer line root control.

     15.  Wood preservatives: An applicator must demonstrate a practical knowledge of the environments in which chemical preservatives are used, the concerns associated with the use of chemical preservatives and the characteristics of various wood preservatives.

     [Dep’t of Agriculture Reg., 55.52, eff. 1-17-77]—(NAC A by R147-03, eff. 1-22-2004)

      NAC 555.640  Private applicators: Categories. (NRS 555.400)  The categories of private applicators are:

     1.  Agricultural pest control:

     (a) Animal:

          (1) Dairy animal pest control: The control of any pest in, on or around dairy animals, including, but not limited to, goats and dairy cattle, and also including places on or in which dairy animals are confined, including, but not limited to, barns and corrals.

 

 

          (2) Meat animal pest control: The control of insects, including ectoparasites, in, on or around meat animals, including, but not limited to, horses, beef cattle, swine and sheep, and also including places on or in which meat animals are confined, including, but not limited to, barns and corrals.

          (3) Poultry pest control: The control of any pest in, on or around poultry, including, but not limited to, chickens, turkeys and ducks, and including places on or in which poultry is confined, including, but not limited to, coops and pens. This category excludes fumigation.

     (b) Plant:

          (1) Forage, grain, pasture and range pest control: The control of any pest in, on or around the production of forage, grain, pasture and range. This category excludes fumigation.

          (2) Row crop pest control: The control of any pest in, on or around row crops. This category excludes fumigation.

          (3) Seed crop pest control: The control of any pest in, on or around seed crops. This category excludes fumigation.

     (c) Speciality crops:

          (1) Aquatic pest control: The control of any pest, excluding predators, in standing or running water involved in aquaculture, including, but not limited to, catfish farms.

          (2) Greenhouse and nursery pest control: The control of any pest, excluding predators, in, on or around greenhouses and nurseries and the control of any pest, excluding predators, in, on or around greenhouse or nursery operational sites, including, but not limited to, equipment storage areas. This category excludes fumigation.

          (3) Industrial farm pest control: The control of any pest, excluding predators, in, on or around apiaries and industrial farmsteads, including, but not limited to, grain silos, equipment buildings, barns, warehouses and any other building associated with a farm operation. This category excludes fumigation.

          (4) Ornamental and turf pest control: The control of any pest, excluding predators, in the production of turf and the control of any pest, excluding predators, in, on or around turf production operational sites, including, but not limited to, equipment storage areas. This category excludes fumigation.

     2.  Chemigation: The control of any pest through the application of pesticides by injection of the pesticides into irrigation water. This category excludes fumigation.

     3.  Forest and rangeland pest control: The control of any pest, excluding predators, in or on forests and rangelands, and the control of any pest, excluding predators, in, on or around forest or rangeland operational sites, including, but not limited to, equipment storage areas.

     4.  Fumigation: The control of any pest by fumigation with poisonous and lethal gases which includes:

     (a) Commodity fumigation: The control of any pest which infests raw agricultural and processed commodities, animal feeds and commodity storage facilities where they are held or stored and are subject to infestations of insects, rats, mice, fungi and bacteria. Sites for commodity fumigations include, but are not limited to, grain elevators, rail cars, truck trailers, vans, shipholds, air and sea containers, other static sealable enclosures, food processing plants with raw or processed commodities, tarpaulin fumigations with raw or processed commodities, prepared bins with raw or processed commodities, warehouses or other areas where raw or processed commodities are stored, beehives and other beekeeping equipment.

     (b) Rodent burrow fumigation: Outdoor applications for the control of nonprotected or endangered burrowing rodents and moles, including, but not limited to, fumigants applied to underground burrow systems for the control of marmots, woodchucks, Norway rats, roof rats, house mice, ground squirrels, moles, voles, pocket gophers and chipmunks, and excluding structural fumigation.

     (c) Soil fumigation: The control of any soil pest when present in the soil at the time of treatment, including, but not limited to, plant-parasitic nematodes, soil-borne disease causing organisms, weeds and insects.

     [Dep’t of Agriculture Reg., 55.52, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004; R062-10, 1-13-2011)

      NAC 555.650  Private applicators: Standards. (NRS 555.355, 555.400)  A private applicator must show that he or she possesses a practical knowledge of the pest problems and pest control practices associated with his or her agricultural operations—proper storage, use, handling and disposal of the pesticides and containers, and his or her related legal responsibility. This practical knowledge includes ability to:

     1.  Recognize common pests to be controlled and damage caused by them.

     2.  Read and understand the label and labeling information including the common name of pesticides to be applied, pests to be controlled, timing and methods of application, safety precautions, any preharvest or reentry restrictions, and any specific disposal procedures.

     3.  Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation.

     4.  Recognize local environmental situations that must be considered during application to avoid contamination.

     5.  Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

     [Dep’t of Agriculture Reg., 55.52, eff. 1-17-77]

      NAC 555.655  Certificates for nonprimary principal commercial applicators and private applicators: Types; changes of information; amendments; terms. (NRS 555.357, 555.400)

     1.  The following types of certificates may be issued to a nonprimary principal commercial applicator or private applicator:

     (a) A general certificate authorizing the application or supervision of the application of restricted-use pesticides for the category for which issued.

     (b) A limited certificate authorizing the application or supervision of the application of restricted-use pesticides, on a specific host, for a specific pest, or performing specific application procedures.

     (c) A single-use certificate authorizing the application or supervision of the application of a single restricted-use pesticide on a one-time basis, for an emergency measure. A single-use certificate must be limited to one per person per calendar year.

     2.  Every person to whom a certificate is issued shall, within 15 working days, notify the Director of any change of any information shown on the application.

     3.  A certified applicator may apply to the Director for amendment of his or her certificate to include additional categories and, upon successful examination, may have the certificate so amended.

     4.  A certificate is neither assignable nor transferable.

     [Dep’t of Agriculture, part No. 55.33, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004)

      NAC 555.660  Examinations for certification of nonprimary principal commercial applicators and private applicators: Application; subjects. (NRS 555.355, 555.400)

     1.  A request to be examined for the issuance of a certificate pursuant to NAC 555.655 may be made by filing an application for an examination with the Department.

     2.  The applicant must provide to the Department 5 working days’ notice before the time the applicant wishes to take the examination, unless the examining officer has waived the time period. The examining officer shall establish the examination date.

     3.  All applicants for certification must qualify for the issuance of a certificate through examination.

     4.  Each applicant must pass a written examination to show that he or she possesses adequate knowledge concerning the proper use and application of restricted-use pesticides and the dangers involved, and precautions to be taken in connection with their application in the following subject areas:

     (a) Label and labeling comprehension;

     (b) Safety;

     (c) Environmental consequences of pesticide use and misuse;

     (d) Pests;

     (e) Pesticides;

     (f) Equipment;

     (g) Application techniques;

     (h) Federal laws and regulations;

     (i) State laws and regulations; and

     (j) Any subject the Director deems necessary to ensure the proper use and application of restricted-use pesticides.

     [Dep’t of Agriculture, part No. 55.54, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004)

      NAC 555.670  Examinations for certification of nonprimary principal commercial applicators and private applicators: General and specific; written, oral and practical; passing score; retesting; use of unauthorized aid. (NRS 555.355, 555.400, 561.105)

     1.  The examination for the issuance or renewal of a certificate pursuant to NAC 555.655 will consist of a general examination which will be required of each applicant and a specific examination for each category in which the applicant has requested to be examined.

     2.  The Director may require the applicant to meet special qualifications of competency which relate to the special needs of a given locality regarding the use or application of a specific restricted-use pesticide. The special qualifications of competency may include written examinations as required by the Director.

     3.  In addition to the written examination, the applicant for a certificate for private applicator may be given an oral examination. The examining officer may add to or subtract from the score on the written test a maximum of 5 grade points based on the oral examination.

     4.  A private applicator may request an oral examination in lieu of a written examination. If the examining officer determines that the request is justified, he or she may give the applicant an oral examination. No grade points may be added to or subtracted from an applicant’s score on the oral examination.

     5.  Any applicant may be required to perform a practical demonstration, at a time and in a manner specified by the examining officer, to show his or her ability to apply or supervise the application of restricted-use pesticides.

     6.  The passing score for each examination is 60 percent.

     7.  Any applicant who fails to pass the general examination or any specific examination may be retested upon expiration of a waiting period of 5 working days, unless the examining officer waives the waiting period.

     8.  Any applicant who uses an unauthorized aid during an examination:

     (a) Must be excluded from the remainder of the examination; and

     (b) Must not be allowed to take another examination for at least 6 months.

     [Dep’t of Agriculture, part No. 55.54, eff. 1-17-77]—(NAC A 4-27-84; R147-03, 1-22-2004; A by Bd. of Agriculture by R156-07, 1-30-2008; A by Dep’t of Agriculture by R146-08, 2-11-2009)

      NAC 555.680  Applications for certification of nonprimary principal commercial applicators and private applicators: Contents; proof of passing examination. (NRS 555.353, 555.400)

     1.  An application for a certificate issued pursuant to NAC 555.655 to apply or supervise the application of restricted-use pesticides is supplied by the Director and may show the following:

     (a) The applicant’s legal name, home mailing address, home street address, if different from home mailing address, and home telephone number.

     (b) The assumed name under which the applicant does business, if applicable, business mailing address, business street address and business telephone number.

     (c) The applicant’s employer, employer’s mailing address, employer’s business address and employer’s telephone number.

     (d) The type of certificate, whether nonprimary principal commercial or private, that the applicant is applying for.

     (e) A listing and description of certificates held in other states.

     (f) The address where equipment and pesticides are stored.

     (g) Any category in which the applicant wishes to be certified.

     2.  The qualification for certification pursuant to NAC 555.655 is proof of passing the examination.

     [Dep’t of Agriculture, No. 55.55, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004)

      NAC 555.685  Renewal of certification of nonprimary principal commercial applicators and private applicators: Examination; continuing education; application. (NRS 555.355, 555.357, 555.400, 561.105)

     1.  A nonprimary principal commercial applicator or private applicator may renew a certificate issued pursuant to NAC 555.655 if:

     (a) Within the 3 months immediately preceding the expiration of the certificate, he or she obtains a passing score on the examinations described in NAC 555.670; or

     (b) He or she provides proof satisfactory to the Director that he or she has completed at least 12 units of continuing education in courses approved by the Director within the 4 years immediately preceding the expiration of the certificate. At least 2 units of continuing education must be completed in a course relating to laws and regulations governing the use of pesticides.

     2.  A nonprimary principal commercial applicator or private applicator may receive credit for the completion of a course of continuing education offered in another state if:

     (a) The course is approved for continuing education by the appropriate agency of that state; and

     (b) Upon completion of the course, the sponsor of the course or a nonprimary principal commercial applicator or private applicator who completed the course submits to the Department:

          (1) An agenda or outline for the course setting forth:

               (I) The location, date and time of the course;

               (II) The topics discussed during the course; and

               (III) The name of each speaker at the course;

          (2) A copy of a letter or other form indicating that the appropriate agency of that state has approved the course for continuing education and the number of units of continuing education approved for the course;

          (3) The name of each nonprimary principal commercial applicator or private applicator from this State who attended the course as indicated by the attendance sheet for the course; and

          (4) A request to receive credit for attending the course.

     3.  For each course for which a nonprimary principal commercial applicator or private applicator claims one or more units of continuing education, he or she may request from the sponsor of the course:

     (a) A certificate of completion issued by the sponsor of the course; or

     (b) Any other document or record that in the judgment of the Director establishes that the nonprimary principal commercial applicator or private applicator successfully completed the course.

     4.  A nonprimary principal commercial applicator or private applicator who wishes to renew his or her certificate may not apply for renewal of the certificate before October 1 of the year in which the certificate expires.

     (Added to NAC by Bd. of Agriculture by R156-07, eff. 1-30-2008)

      NAC 555.690  Fees for issuance of certificates to nonprimary principal commercial applicators and private applicators. (NRS 555.355, 555.400, 561.105)

     1.  The Director will collect a fee of $25 for each examination period or renewal period for the issuance of a certificate pursuant to NAC 555.655, before the applicant is examined.

     2.  If a certificate specified in subsection 1:

     (a) Is lost, stolen, mutilated or destroyed; or

     (b) Is determined by the Director to be undeliverable because the applicant provided an incomplete address or other incorrect information when applying for the certificate,

Ê the Director will collect a fee of $25 for issuing a duplicate certificate.

     [Dep’t of Agriculture, No. 55.56, eff. 1-17-77]—(NAC A 4-27-84; A by Div. of Agriculture, 11-18-93; A by Dep’t of Agriculture by R147-03, 1-22-2004; A by Bd. of Agriculture by R156-07, 1-30-2008; A by Dep’t of Agriculture by R148-08, 2-11-2009)

      NAC 555.700  Application of restricted-use pesticides by licensed primary principal commercial applicators, nonprimary principal commercial applicators and private applicators. (NRS 555.390, 555.400)  Except as otherwise provided in this chapter or as specifically authorized in writing by the Director, any licensed primary principal commercial applicator, nonprimary principal commercial applicator or private applicator applying or supervising the application of restricted-use pesticides shall, in addition to the provisions of subsections 2 to 9, inclusive, of NAC 555.400:

     1.  Keep and maintain an accurate and legible record of each property treated for 2 years, showing the following:

     (a) Date of treatment;

     (b) First and last name of the nonprimary principal commercial applicator or private applicator applying or supervising the application of the restricted-use pesticide;

     (c) Address of property treated;

     (d) Brand name or generic name and Environmental Protection Agency registration number of the pesticide applied;

     (e) Use information:

          (1) Item or site treated; and

          (2) Amount of diluted material used and the concentration of the pesticide that was applied or the amount of undiluted material used; and

     (f) In addition to the requirements of paragraphs (a) to (e), inclusive, if the treatment is conducted in the nonprimary principal commercial categories agricultural pest control plant, chemigation, greenhouse and nursery pest control, aquatic pest control, forest pest control, fumigation pest control, ornamental and turf pest control, right-of-way pest control or mosquito control, or in the private categories agricultural pest control plant, chemigation, greenhouse and nursery pest control, aquatic pest control, forest pest control, fumigation pest control or ornamental and turf pest control:

          (1) Temperature at the start and finish of treatment.

          (2) Wind velocity and direction at the start and finish of treatment.

          (3) Number of units treated, area of surface treated or volume fumigated.

          (4) The purpose for which the pesticide was applied.

          (5) The time the treatment was started and the time the treatment was finished.

     2.  Report immediately to the Director any emergency dump of a pesticide by an aircraft, any accident of a pesticide-loaded aircraft or ground equipment involving the spillage of a pesticide, or the accidental spillage of a pesticide at any site of operations of pesticides.

     3.  Report to the Director within 48 hours any case of apparent pesticide poisoning requiring medical treatment.

     4.  Have contact with any applicator under his or her direct supervision at least once every hour at night and at least once every 2 hours during daylight hours.

     [Dep’t of Agriculture, No. 55.57, eff. 1-17-77]—(NAC A by R033-01, 5-1-2002; R147-03, 1-22-2004; R062-10, 1-13-2011)

 

 

RODENT CONTROL DISTRICTS

      NAC 555.800  Diamond Valley Rodent Control District. (NRS 555.540)  The following genera and species of lagomorphs and rodents are subject to control within the Diamond Valley Rodent Control District:

 

          Black-tailed jack rabbit (Lepus californicus)

          Deer mice (Peromyscus species)

          Meadow voles (Microtus species)

          Northern pocket gopher (Thomomys talpoides)

          Richardson’s ground squirrel (Spermophilus richardsoni)

          Southern pocket gopher (Thomomys umbrinus)

          Townsend’s ground squirrel (S. townsendii)

          Yellow-bellied marmot (Marmota alaviventris)

     (Added to NAC by Bd. of Agriculture, eff. 8-27-82)

      NAC 555.810  Orovada Rodent Control District. (NRS 555.540)  The following genera and species of lagomorphs and rodents are subject to control within the Orovada Rodent Control District:

 

          Black-tailed jack rabbit (Lepus californicus)

          Deer mice (Peromyscus species)

          Meadow voles (Microtus species)

          Richardson’s ground squirrel (Spermophilus richardsoni)

          Southern pocket gopher (Thomomys umbrinus)

          Townsend’s ground squirrel (S. townsendii)

          Yellow-bellied marmot (Marmota flaviventris)

     (Added to NAC by Bd. of Agriculture, eff. 8-27-82)