[Rev. 11/21/2013 12:27:31 PM--2013]

CHAPTER 586 - PESTICIDES; DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCES

PESTICIDES

NRS 586.010           Short title.

NRS 586.020           Definitions.

NRS 586.030           “Active ingredient” defined.

NRS 586.040           “Adulterated” defined.

NRS 586.050           “Antidote” defined.

NRS 586.052           “Brand” defined.

NRS 586.053           “Certified applicator” defined.

NRS 586.055           “Defoliant” defined.

NRS 586.057           “Desiccant” defined.

NRS 586.060           “Device” defined.

NRS 586.071           “Director” defined.

NRS 586.090           “Fungi” defined.

NRS 586.100           “Fungicide” defined.

NRS 586.110           “Herbicide” defined.

NRS 586.130           “Inert ingredient” defined.

NRS 586.135           “Ingredient statement” defined.

NRS 586.140           “Insect” defined.

NRS 586.150           “Insecticide” defined.

NRS 586.160           “Label” defined.

NRS 586.170           “Labeling” defined.

NRS 586.180           “Misbranded” defined.

NRS 586.185           “Nematocide” defined.

NRS 586.186           “Nematode” defined.

NRS 586.195           “Pesticide” defined.

NRS 586.197           “Plant regulator” defined.

NRS 586.200           “Registrant” defined.

NRS 586.205           “Restricted-use pesticide” defined.

NRS 586.210           “Rodenticide” defined.

NRS 586.220           “Weed” defined.

NRS 586.230           Jurisdiction of Director.

NRS 586.250           Registration of brands of pesticides with Director; renewal.

NRS 586.260           Registrant’s statement: Contents; renewal of registration.

NRS 586.270           Fee for registration: Amount established by regulation; deposit and use of proceeds.

NRS 586.280           Submission of formula for pesticide to Director; registration of article by Director.

NRS 586.290           Notice to registrant of failure of compliance of article for registration; effect of registration on commission of offense.

NRS 586.300           Registration not required for interplant shipments.

NRS 586.310           Determination by Director: Identification of pests; toxicity of pesticides; standards of coloring.

NRS 586.330           Adoption of standards prescribed by United States Environmental Protection Agency.

NRS 586.335           Elimination of dangerous, nonbeneficial or misrepresented pesticides; program for evaluation of pesticides.

NRS 586.339           Cancellation, refusal or suspension of registration of brand of pesticide.

NRS 586.350           Unlawful distribution, sale or transportation of pesticide: Unregistered brand; pesticide that differs from its registration.

NRS 586.360           Sale or distribution of pesticide without required container and labeling unlawful.

NRS 586.370           Sale or distribution of pesticide containing substance highly toxic to humans: Additional information required on label.

NRS 586.380           Sale or distribution of certain pesticides unlawful unless colored or discolored; exemption.

NRS 586.390           Sale or distribution of adulterated or misbranded pesticide unlawful.

NRS 586.400           Detachment of labels or addition or removal of substances from pesticide unlawful.

NRS 586.401           Regulations of Director: General authority; application, distribution and criteria for classification of restricted-use pesticides.

NRS 586.403           Restricted-use pesticides: Regulations governing use; permits.

NRS 586.405           Restricted-use pesticides: Permit authorizing special use.

NRS 586.406           Restricted-use pesticides: Registration of seller; registration fee established by regulation; records and monthly reports.

NRS 586.4065         Restricted-use pesticides: Denial, suspension or revocation of seller’s registration.

NRS 586.407           Restricted-use pesticides: Unlawful sale or delivery.

NRS 586.409           Restricted-use pesticides: Unlawful application.

NRS 586.410           Disclosure of information relative to formulas unlawful; exceptions.

NRS 586.420           Exclusions from violations.

NRS 586.430           Enforcement: Duties of Director and district attorney.

NRS 586.440           Seizure for confiscation of nonregistered, adulterated or misbranded pesticides and devices: Libel for condemnation; disposal by destruction or sale.

NRS 586.450           Penalties.

DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHER SUBSTANCES

NRS 586.460           “Dangerous caustic or corrosive substance” defined.

NRS 586.470           “Misbranded parcel, package or container” defined.

NRS 586.480           Sale of dangerous caustic or corrosive substance for household use in misbranded parcel, package or container prohibited.

NRS 586.490           Misbranded dangerous caustic or corrosive substance may be proceeded against in justice court; condemnation, destruction or sale; disposition of sale proceeds.

NRS 586.500           Enforcement by Commissioner of Food and Drugs; approval and registration of brands and labels.

NRS 586.510           Duties of district attorney.

NRS 586.520           Penalty.

_________

PESTICIDES

      NRS 586.010  Short title.  NRS 586.010 to 586.450, inclusive, may be cited as the Nevada Pesticides Act.

      [1:269:1955]—(NRS A 1971, 1133; 1975, 187)

      NRS 586.020  Definitions.  As used in NRS 586.010 to 586.450, inclusive, unless the context otherwise requires, the words and terms defined in NRS 586.030 to 586.220, inclusive, have the meanings ascribed to them in those sections.

      [Part 2:269:1955]—(NRS A 1971, 1133; 1975, 187; 1993, 1775; 1999, 3716; 2003, 613)

      NRS 586.030  “Active ingredient” defined.  “Active ingredient” means in the case of:

      1.  A pesticide, other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests.

      2.  A plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof.

      3.  A defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.

      4.  A desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

      [Part 2:269:1955]—(NRS A 1971, 1134)

      NRS 586.040  “Adulterated” defined.  “Adulterated” shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

      [Part 2:269:1955]—(NRS A 1971, 1134)

      NRS 586.050  “Antidote” defined.  “Antidote” means the most practical immediate treatment in case of poisoning and includes first aid treatment.

      [Part 2:269:1955]

      NRS 586.052  “Brand” defined.  “Brand” means any and all words, terms, designs or trademarks used in connection with a pesticide.

      (Added to NRS by 2003, 613)

      NRS 586.053  “Certified applicator” defined.  “Certified applicator” means any person who is certified by the Director as qualified to use or supervise the use of any restricted-use pesticide.

      (Added to NRS by 1975, 186; A 1977, 312; 1993, 1775; 1999, 3716)

      NRS 586.055  “Defoliant” defined.  “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

      (Added to NRS by 1971, 1131)

      NRS 586.057  “Desiccant” defined.  “Desiccant” means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

      (Added to NRS by 1971, 1131)

      NRS 586.060  “Device” defined.  “Device” means any instrument or contrivance intended for trapping, destroying, repelling or mitigating insects or rodents, or destroying, repelling or mitigating fungi or weeds, or such other pests as designated by the Director. The term does not include equipment used for the application of pesticides when sold separately therefrom.

      [Part 2:269:1955]—(NRS A 1971, 1134; 1993, 1775; 1999, 3716)

      NRS 586.071  “Director” defined.  “Director” means the Director of the State Department of Agriculture.

      (Added to NRS by 1999, 3716)

      NRS 586.090  “Fungi” defined.  “Fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living humans or other animals.

      [Part 2:269:1955]

      NRS 586.100  “Fungicide” defined.  “Fungicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi.

      [Part 2:269:1955]

      NRS 586.110  “Herbicide” defined.  “Herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.

      [Part 2:269:1955]

      NRS 586.130  “Inert ingredient” defined.  “Inert ingredient” means an ingredient which is not an active ingredient.

      [Part 2:269:1955]

      NRS 586.135  “Ingredient statement” defined.  “Ingredient statement” means either:

      1.  A statement of the name and amount by percentage of weight of each active ingredient, together with the total amount by percentage of weight of the inert ingredients, in the pesticide; or

      2.  A statement of the name of each active ingredient, together with the name of each and total amount by percentage of weight of the inert ingredients, if any there be, in the pesticide (except subsection 1 shall apply if the preparation is highly toxic to humans, determined as provided in NRS 586.310).

Ê In addition to subsections 1 and 2, in case the pesticide contains arsenic, lead or mercury in any form, a statement of the percentages of weights of total and water-soluble arsenic, lead or mercury, each calculated as elemental arsenic, lead or mercury.

      [Part 2:269:1955]—(NRS A 1961, 567; 1963, 30; 1971, 1134)—(Substituted in revision for NRS 586.120)

      NRS 586.140  “Insect” defined.  “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes and wood lice.

      [Part 2:269:1955]

      NRS 586.150  “Insecticide” defined.  “Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatever.

      [Part 2:269:1955]

      NRS 586.160  “Label” defined.  “Label” means the written, printed or graphic matter on or attached to the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device.

      [Part 2:269:1955]—(NRS A 1971, 1135)

      NRS 586.170  “Labeling” defined.  “Labeling” means all labels and other written, printed or graphic matter:

      1.  Upon the pesticide or device or any of its containers or wrappers;

      2.  Accompanying the pesticide or device at any time; or

      3.  To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the United States Departments of Agriculture or Interior, the United States Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides.

      [Part 2:269:1955]—(NRS A 1971, 1135)

      NRS 586.180  “Misbranded” defined.  “Misbranded” shall apply:

      1.  To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

      2.  To any pesticide:

      (a) If it is an imitation of, or is offered for sale under the name of, another pesticide;

      (b) If its labeling bears any reference to registration under NRS 586.010 to 586.450, inclusive;

      (c) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;

      (d) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living human beings and other vertebrate animals;

      (e) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

      (f) If any word, statement or other information required by or under the authority of NRS 586.010 to 586.450, inclusive, to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

      (g) If in the case of a pesticide, when used as directed, or in accordance with commonly recognized practice, it shall be injurious to living human beings or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

      (h) If in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to human beings or other vertebrate animals, or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

      [Part 2:269:1955]—(NRS A 1971, 1135)

      NRS 586.185  “Nematocide” defined.  “Nematocide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.

      (Added to NRS by 1971, 1131)

      NRS 586.186  “Nematode” defined.  “Nematode” means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, also called nemas or eelworms.

      (Added to NRS by 1971, 1131)

      NRS 586.195  “Pesticide” defined.  “Pesticide” includes, but is not limited to:

      1.  Any substance or mixture of substances, including any living organisms, any product derived therefrom and any fungicide, herbicide, insecticide, nematocide and rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except a virus on or in living humans or other animals, which is normally considered to be a pest or which the Director declares to be a pest.

      2.  Any substance or mixture of substances intended to be used as a plant regulator, defoliant, desiccant, and any other substance intended for that use as named by the Director by regulation.

      [Part 2:269:1955]—(NRS A 1961, 567; 1971, 1134; 1993, 1775; 1999, 3716)

      NRS 586.197  “Plant regulator” defined.  “Plant regulator” means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

      (Added to NRS by 1971, 1131)

      NRS 586.200  “Registrant” defined.  “Registrant” means the person registering any brand of pesticide pursuant to the provisions of NRS 586.010 to 586.450, inclusive.

      [Part 2:269:1955]—(NRS A 1971, 1136; 2003, 613)

      NRS 586.205  “Restricted-use pesticide” defined.  “Restricted-use pesticide” means any pesticide, including any highly toxic pesticide, which:

      1.  The Director has determined after a hearing, to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to:

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety; or

      2.  Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq.

      (Added to NRS by 1971, 1131; A 1975, 187; 1977, 312; 1993, 1776; 1999, 3717)

      NRS 586.210  “Rodenticide” defined.  “Rodenticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animal which the Director declares to be a pest.

      [Part 2:269:1955]—(NRS A 1993, 1776; 1999, 3717)

      NRS 586.220  “Weed” defined.  “Weed” means any plant which grows where not wanted.

      [Part 2:269:1955]

      NRS 586.230  Jurisdiction of Director.  Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides and devices is, pursuant to NRS 586.010 to 586.450, inclusive, vested exclusively in the Director.

      [13:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999, 3717)

      NRS 586.250  Registration of brands of pesticides with Director; renewal.  Each brand of pesticide which is distributed, sold or offered for sale within this state, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, must be registered in the office of the Director. Such a registration of a brand of pesticide must be renewed annually.

      [Part 4:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999, 3717; 2003, 614)

      NRS 586.260  Registrant’s statement: Contents; renewal of registration.

      1.  The registrant shall file with the Director a statement including:

      (a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

      (b) The brand of the pesticide.

      (c) A complete copy of the labeling accompanying the brand of pesticide and a statement of all claims to be made for it, including directions for use.

      (d) If requested by the Director, a full description of the tests made and the results thereof upon which the claims are based.

      2.  In the case of the renewal of registration, a statement is required only with respect to information which is different from the information that was furnished when the brand of pesticide was registered or last reregistered.

      [Part 4:269:1955]—(NRS A 1961, 568; 1971, 1136; 1993, 1776; 1999, 3717; 2003, 614)

      NRS 586.270  Fee for registration: Amount established by regulation; deposit and use of proceeds.

      1.  A registrant shall pay an annual registration fee in an amount established by regulation of the Director for each brand of pesticide registered.

      2.  The Director shall, for each annual registration fee collected, deposit in a separate account the amount established for that purpose by regulation of the Director. The money deposited in the account must be used:

      (a) For the disposal of pesticides;

      (b) To monitor pesticides;

      (c) To protect groundwater and surface water from contamination by pesticides; and

      (d) For the eradication and control of noxious weeds.

      3.  A registrant who offers a pesticide for sale before registering the brand of pesticide shall pay an amount equal to twice the registration fee for registering the brand of pesticide.

      4.  As used in this section, “noxious weed” has the meaning ascribed to it in NRS 555.005.

      [Part 4:269:1955]—(NRS A 1960, 32; 1961, 568; 1963, 30; 1971, 118, 1137; 1977, 261; 1983, 405; 1993, 1193, 1777; 1995, 579; 1999, 3600, 3718; 2003, 614; 2005, 935)

      NRS 586.280  Submission of formula for pesticide to Director; registration of article by Director.

      1.  If the Director deems it necessary in the administration of NRS 586.010 to 586.450, inclusive, the Director may require the submission of the complete formula of any pesticide.

      2.  If it appears to the Director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.350 to 586.410, inclusive, the Director shall register the article.

      [Part 4:269:1955]—(NRS A 1961, 568; 1971, 1137; 1993, 1777; 1999, 3718)

      NRS 586.290  Notice to registrant of failure of compliance of article for registration; effect of registration on commission of offense.

      1.  If it does not appear to the Director that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of NRS 586.010 to 586.450, inclusive, the Director shall notify the registrant of the manner in which the article, labeling or other material required to be submitted fails to comply with NRS 586.010 to 586.450, inclusive, to allow the registrant an opportunity to make the necessary corrections.

      2.  The registration of an article is not a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

      [Part 4:269:1955]—(NRS A 1961, 569; 1965, 32; 1971, 1137; 1993, 1777; 1999, 3718)

      NRS 586.300  Registration not required for interplant shipments.  Notwithstanding any other provision of NRS 586.010 to 586.450, inclusive, registration is not required in the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

      [Part 4:269:1955]—(NRS A 1971, 1137)

      NRS 586.310  Determination by Director: Identification of pests; toxicity of pesticides; standards of coloring.  The Director may, after providing an opportunity for a hearing:

      1.  Declare as a pest any form of plant life or animal life or virus which is injurious to plants, humans, domestic animals, articles or substances.

      2.  Determine whether pesticides are highly toxic to humans.

      3.  Determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of NRS 586.380.

      [Part 5:269:1955]—(NRS A 1961, 569; 1971, 1137; 1993, 1777; 1999, 3718)

      NRS 586.330  Adoption of standards prescribed by United States Environmental Protection Agency.  To avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the residents of this state because of the necessity of complying with diverse requirements in the manufacture and sale of pesticides, it is desirable that there be uniformity between the requirements of the several states and the Federal Government relating to pesticides. To this end the Director may, after a public hearing, adopt such regulations applicable to and in conformity with the primary standards established by NRS 586.010 to 586.450, inclusive, as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.

      [Part 5:269:1955]—(NRS A 1961, 569; 1971, 1138; 1987, 94; 1993, 1777; 1999, 3718)

      NRS 586.335  Elimination of dangerous, nonbeneficial or misrepresented pesticides; program for evaluation of pesticides.

      1.  The Director shall endeavor to eliminate from use in this state any pesticide:

      (a) Which endangers the agricultural or nonagricultural environment;

      (b) Which is not beneficial for the purposes for which it is sold; or

      (c) Which is misrepresented.

      2.  In carrying out this responsibility, the Director shall develop an orderly program for the continuous evaluation of all pesticides the brands of which have actually been registered.

      (Added to NRS by 1971, 1131; A 1993, 1778; 1999, 3719; 2003, 614)

      NRS 586.339  Cancellation, refusal or suspension of registration of brand of pesticide.

      1.  Pursuant to NRS 586.335, the Director may, after a hearing, cancel the registration of, or refuse to register, any brand of pesticide if:

      (a) The pesticide has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment.

      (b) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

      (c) There is a reasonably effective and practicable alternate material or procedure to the pesticide which is demonstrably less destructive to the environment.

      (d) The pesticide, when properly used, is detrimental to:

             (1) Vegetation, except weeds;

             (2) Domestic animals; or

             (3) Public health and safety.

      (e) The pesticide is of little or no value for the purpose for which it is intended.

      (f) Any false or misleading statement concerning the pesticide is made or implied by the registrant or an agent of the registrant, orally or in writing, or in the form of any advertising literature.

      2.  In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.

      3.  If the Director has a reason to believe that any of the conditions stated in subsection 1 are applicable to any pesticide the brand of which is registered and that the use or continued use of the pesticide constitutes an immediate substantial danger to persons or to the environment, the Director may, after notice to the registrant, suspend the registration of the brand of pesticide pending a hearing and final decision.

      (Added to NRS by 1971, 1132; A 1993, 1778; 1999, 3719; 2003, 614)

      NRS 586.350  Unlawful distribution, sale or transportation of pesticide: Unregistered brand; pesticide that differs from its registration.  It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide the brand of which has not been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration, except that, in the discretion of the Director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the brand of pesticide.

      [Part 3:269:1955]—(NRS A 1961, 570; 1971, 1138; 1993, 1778; 1999, 3719; 2003, 615)

      NRS 586.360  Sale or distribution of pesticide without required container and labeling unlawful.  It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide unless it is in the registrant’s or the manufacturer’s unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing:

      1.  The name and address of the manufacturer, registrant or person for whom manufactured.

      2.  The brand under which the article is sold.

      3.  The net weight or measure of the content, subject to such reasonable variations as the Director may permit.

      [Part 3:269:1955]—(NRS A 1971, 1138; 1993, 1779; 1999, 3720; 2003, 615)

      NRS 586.370  Sale or distribution of pesticide containing substance highly toxic to humans: Additional information required on label.  It shall be unlawful for any person to distribute, sell or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in NRS 586.310, unless the label shall bear, in addition to any other matter required by NRS 586.010 to 586.450, inclusive:

      1.  The skull and crossbones.

      2.  The word “poison” prominently, in red, on a background of distinctly contrasting color.

      3.  A statement of an antidote for the pesticide.

      [Part 3:269:1955]—(NRS A 1971, 1138)

      NRS 586.380  Sale or distribution of certain pesticides unlawful unless colored or discolored; exemption.

      1.  It is unlawful for any person to distribute, sell or offer for sale within this State, or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State, the pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by the regulations adopted in accordance with the provisions of NRS 586.010 to 586.450, inclusive, or any other white powder pesticide which the Director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of the coloration or discoloration, by regulation requires to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The Director may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if the Director determines that the coloring or discoloring for that use is not necessary to protect the public health.

      [Part 3:269:1955]—(NRS A 1961, 570; 1971, 1139; 1993, 1779; 1999, 3720)

      NRS 586.390  Sale or distribution of adulterated or misbranded pesticide unlawful.  It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any pesticide which is adulterated or misbranded or any device which is misbranded.

      [Part 3:269:1955]—(NRS A 1971, 1139)

      NRS 586.400  Detachment of labels or addition or removal of substances from pesticide unlawful.  It shall be unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in NRS 586.010 to 586.450, inclusive, or regulations promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of NRS 586.010 to 586.450, inclusive.

      [Part 3:269:1955]—(NRS A 1971, 1139)

      NRS 586.401  Regulations of Director: General authority; application, distribution and criteria for classification of restricted-use pesticides.

      1.  The Director shall adopt regulations governing the application and distribution of any pesticides which the Director finds must necessarily be applied in pest control but which unless carefully used are likely to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to:

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety.

      2.  The Director in classifying pesticides as restricted-use pesticides shall determine if:

      (a) They are highly toxic to humans or other animals, including wildlife.

      (b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.

      (c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.

      (d) They can be used by permit for purposes other than their registered purposes.

      3.  The Director may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:

      (a) The collection and examination of pesticides.

      (b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage or misuse.

      (c) The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers.

      (d) The information to be recorded and maintained of the sale, use and distribution of pesticides classified for restricted use.

      (Added to NRS by 1971, 1132; A 1975, 188; 1993, 1779; 1999, 3720)

      NRS 586.403  Restricted-use pesticides: Regulations governing use; permits.

      1.  The regulations governing the use of restricted-use pesticides may:

      (a) Provide the time when and the conditions under which they may be used in this State.

      (b) Prohibit their use in areas of this State.

      (c) Provide that they shall be used only under a permit for each application; and the permit may set forth the time, conditions, quantity and concentration of its use.

      2.  Every permit which is issued under the regulations adopted pursuant to this section is conditioned upon compliance with such regulations and upon such other specified conditions as may be deemed necessary to avoid injury.

      3.  Any permit may be refused, revoked or suspended for violation of any of the conditions of such permit, or for violation of any provisions of NRS 586.010 to 586.450, inclusive, or the regulations adopted pursuant to such sections.

      (Added to NRS by 1971, 1133)

      NRS 586.405  Restricted-use pesticides: Permit authorizing special use.

      1.  The Director may issue a special use permit authorizing the use of a pesticide for a purpose other than that for which it is registered. The permit must set forth:

      (a) The name and dosage rate of the pesticide or other material to be used.

      (b) The type of pest to be controlled.

      (c) The crop or property to be treated.

      2.  The special use permit may limit the time, quantity, area and manner of application.

      (Added to NRS by 1971, 1133; A 1993, 1780; 1999, 3721)

      NRS 586.406  Restricted-use pesticides: Registration of seller; registration fee established by regulation; records and monthly reports.

      1.  It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., unless the person is registered with the Director.

      2.  Each person applying for registration must provide a statement including:

      (a) The name and address of the person registering; and

      (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.

      3.  All registrations expire on December 31 and are renewable annually.

      4.  Each person registering shall pay:

      (a) An annual registration fee established by regulation of the State Board of Agriculture; and

      (b) A penalty fee of $5 if the person’s previous registration has expired by the failure to reregister on or before February 1, unless the person’s registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.

      5.  Each person who is registered shall maintain for 2 years a record of all sales of restricted-use pesticides showing:

      (a) The date of sale or delivery;

      (b) The name and address of the person to whom sold or delivered;

      (c) The brand name of the pesticide product;

      (d) The amount of pesticide product sold or delivered;

      (e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and

      (f) Such other information as may be required by the Director.

      6.  Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the Director specifying the restricted-use pesticides sold during the previous month. The Director shall provide the form for the report. The form must be filed regardless of whether the person sold any pesticides during the previous month.

      (Added to NRS by 1975, 186; A 1993, 1194, 1780; 1995, 579; 1999, 3600, 3721)

      NRS 586.4065  Restricted-use pesticides: Denial, suspension or revocation of seller’s registration.  The Director may refuse to grant or renew a registration under NRS 586.406 or may suspend or revoke the registration if, after notice and a hearing, the Director is satisfied that:

      1.  The person registered has, without reasonable cause, failed to record information as required by NRS 586.406 or a regulation adopted by the Director;

      2.  The person registered has made a fictitious or false entry in the required records; or

      3.  The applicant has made sales or delivery of restricted-use pesticides without registering with the Director.

      (Added to NRS by 1975, 186; A 1993, 1781; 1999, 3722)

      NRS 586.407  Restricted-use pesticides: Unlawful sale or delivery.  It is unlawful for any person to sell or deliver any restricted-use pesticide to any person who is required by the regulations adopted by the Director to have a permit to use that material, unless the person or the agent of the person to whom delivery is made signs a written statement in a form prescribed by the Director stating that the person holds a valid permit to use the kind and quantity of the restricted-use pesticide which is delivered.

      (Added to NRS by 1971, 1133; A 1993, 1781; 1999, 3722)

      NRS 586.409  Restricted-use pesticides: Unlawful application.  It shall be unlawful for any person to apply any restricted-use pesticide for which regulations have been adopted, except as provided in such regulations.

      (Added to NRS by 1971, 1133)

      NRS 586.410  Disclosure of information relative to formulas unlawful; exceptions.  It is unlawful for any person to use for the person’s own advantage, or to reveal, other than to the Director or proper officers or employees of the State, or to the courts of this State in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relating to the formulas of products acquired by authority of NRS 586.280.

      [Part 3:269:1955]—(NRS A 1961, 570; 1993, 1781; 1999, 3722)

      NRS 586.420  Exclusions from violations.

      1.  The penalties provided for violations of NRS 586.350 to 586.390, inclusive, do not apply to:

      (a) Any carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the Director or the Director’s designated agent to copy all records showing the transactions in and movement of the articles.

      (b) Public officers of this state and the Federal Government engaged in the performance of their duties.

      (c) The manufacturer or shipper of a pesticide for experimental use only:

             (1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides; or

             (2) By other persons if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only—Not to be sold,” together with the manufacturer’s name and address, but if a written permit has been obtained from the Director, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

      2.  An article shall not be deemed in violation of the provisions of NRS 586.010 to 586.450, inclusive, if intended solely for export to a foreign country and if prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450, inclusive, apply.

      [7:269:1955]—(NRS A 1961, 570; 1971, 1139; 1993, 1781; 1999, 3723; 2003, 616)

      NRS 586.430  Enforcement: Duties of Director and district attorney.

      1.  The examination of pesticides or devices must be made under the direction of the Director to determine whether they comply with the requirements of NRS 586.010 to 586.450, inclusive. If it appears from the examination that a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450, inclusive, and the Director contemplates instituting criminal proceedings against any person, the Director shall cause appropriate notice to be given to the person. Any person so notified must be given an opportunity to present the person’s views, orally or in writing, with regard to those contemplated proceedings, and if thereafter in the opinion of the Director it appears that the provisions of NRS 586.010 to 586.450, inclusive, have been violated by the person, the Director shall refer the facts to the district attorney of the county in which the violation occurred with a copy of the results of the analysis or the examination of the article. The provisions of NRS 586.010 to 586.450, inclusive, do not require the Director to report any act or failure to act for prosecution or for the institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450, inclusive, if the Director believes that the public interest will be best served by a suitable notice of warning in writing.

      2.  Each district attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of proper jurisdiction without delay.

      3.  The Director shall, by publication in such manner as the Director may prescribe, give notice of all judgments entered in actions instituted under the authority of NRS 586.010 to 586.450, inclusive.

      [6:269:1955]—(NRS A 1961, 571; 1971, 1140; 1993, 1782; 1999, 3723; 2003, 616)

      NRS 586.440  Seizure for confiscation of nonregistered, adulterated or misbranded pesticides and devices: Libel for condemnation; disposal by destruction or sale.

      1.  Any pesticide or device that is distributed, sold or offered for sale within the State of Nevada, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:

      (a) In the case of a pesticide:

             (1) If it is adulterated or misbranded.

             (2) If the brand of the pesticide has not been registered under the provisions of NRS 586.250 to 586.300, inclusive.

             (3) If it is a white powder pesticide and is not colored as required under NRS 586.010 to 586.450, inclusive.

             (4) If it fails to bear on the label the information required by NRS 586.010 to 586.450, inclusive.

      (b) In the case of a device, if it is misbranded.

      2.  If the article is condemned, it must, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds must be paid to the State Treasurer and deposited in the State General Fund. The article seized must not be sold or destroyed contrary to the provisions of NRS 586.010 to 586.450, inclusive. The article must not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article must not be disposed of unlawfully. The court shall then order that the article condemned must be delivered to the owner thereof for relabeling or reprocessing as the case may be.

      3.  When a decree of condemnation is entered against the article, court costs, fees and storage charges, and other proper expenses, must be awarded against the person, if any, intervening as claimant of the article.

      [9:269:1955]—(NRS A 1971, 1141; 2003, 617)

      NRS 586.450  Penalties.

      1.  Any person violating NRS 586.350 shall be guilty of a misdemeanor.

      2.  Notwithstanding any other provision of this section, if any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of NRS 586.280, the person shall be guilty of a gross misdemeanor.

      [8:269:1955]

DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHER SUBSTANCES

      NRS 586.460  “Dangerous caustic or corrosive substance” defined.  As used in NRS 586.460 to 586.520, inclusive, unless the context or subject matter otherwise requires, “dangerous caustic or corrosive substance” means each and all of the acids, alkalis and substances named below:

      1.  Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more.

      2.  Sulfuric acid and any preparation containing free or chemically unneutralized sulfuric acid (H2SO4) in a concentration of 10 percent or more.

      3.  Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of 5 percent or more.

      4.  Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of 5 percent or more.

      5.  Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more.

      6.  Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more.

      7.  Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more.

      8.  Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 percent or more by weight of available chlorine, excluding oxal chlorinata, bleaching powder and chloride of lime.

      9.  Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more.

      10.  Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more.

      11.  Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of 5 percent or more.

      12.  Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and hartshorn, in a concentration of 5 percent or more.

      [Part 1:52:1925; NCL § 1000]

      NRS 586.470  “Misbranded parcel, package or container” defined.  As used in NRS 586.460 to 586.520, inclusive, unless the context or subject matter otherwise requires, “misbranded parcel, package or container” means a retail parcel, package or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker, containing:

      1.  The name of the article.

      2.  The name and place of business of the manufacturer, packer, seller or distributor.

      3.  The word “poison” running parallel with the main body of reading matter on the label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24-point size, unless there is on the label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker.

      4.  Directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.

      [Part 1:52:1925; NCL § 1000]

      NRS 586.480  Sale of dangerous caustic or corrosive substance for household use in misbranded parcel, package or container prohibited.  No person shall sell, barter or exchange, or receive, hold, pack, display, or offer for sale, barter or exchange in the State of Nevada, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, the parcel, package or container being designed for household use.

      [2:52:1925; NCL § 1001]

      NRS 586.490  Misbranded dangerous caustic or corrosive substance may be proceeded against in justice court; condemnation, destruction or sale; disposition of sale proceeds.

      1.  Any dangerous caustic or corrosive substance in a misbranded parcel, package or container suitable for household use that is being sold, bartered or exchanged, or held, displayed or offered for sale, barter or exchange, shall be liable to be proceeded against in any justice court of the county wherein such sale, barter, exchange, display, offer for sale, barter or exchange shall take place within the jurisdiction of which the same is found, and if such substance is condemned as misbranded, it shall be disposed of by destruction or sale, as the court may direct.

      2.  If sold, the proceeds, less the actual costs and charges, shall be paid over to the State Treasurer. Such substance shall not be sold contrary to the laws of the State.

      3.  Upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may by order direct that such substance be delivered to the owner thereof.

      [3:52:1925; NCL § 1002]

      NRS 586.500  Enforcement by Commissioner of Food and Drugs; approval and registration of brands and labels.

      1.  The Commissioner of Food and Drugs shall enforce the provisions of NRS 586.460 to 586.520, inclusive.

      2.  The Commissioner of Food and Drugs is authorized and empowered to approve and register such brands and labels intended for use under the provisions of NRS 586.460 to 586.520, inclusive, as may be submitted to the Commissioner for that purpose and as may in the Commissioner’s judgment conform to the requirements of NRS 586.460 to 586.520, inclusive, but in any prosecution under NRS 586.460 to 586.520, inclusive, the fact that any brand or label involved in such prosecution has not been submitted to the Commissioner for approval, or if submitted has not been approved, shall be immaterial.

      [5:52:1925; NCL § 1004]

      NRS 586.510  Duties of district attorney.  Every district attorney to whom there is presented, or who in any way procures, satisfactory evidence of any violation of the provisions of NRS 586.460 to 586.520, inclusive, shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties provided in NRS 586.520.

      [6:52:1925; NCL § 1005]

      NRS 586.520  Penalty.  Any person violating the provisions of NRS 586.460 to 586.510, inclusive, shall be punished by a fine of not more than $250.

      [4:52:1925; NCL § 1003]—(NRS A 1967, 619; 1979, 1488)