[Rev. 1/12/2018 4:19:23 PM]
[NAC-586 Revised Date: 2-18]
GENERAL PROVISIONS
586.005 Definitions.
PESTICIDES GENERALLY
586.011 Annual registration fee: Amount; deposit and use of portion of fee.
586.015 Restricted-use pesticides: Annual registration fee for seller.
586.017 Restricted-use pesticides: Distribution or sale.
586.018 Restricted-use pesticides: Application by or under supervision of certified applicator.
586.020 Pesticides highly toxic to humans.
586.030 Coloration or discoloration of white pesticides.
586.040 Sodium fluoroacetate: Sale, possession or use.
586.080 Expression of percentages; sliding scale prohibited.
586.100 Arsenic: Label requirements.
586.110 Copper: Label requirements.
586.140 Changes in labels and ingredient statements.
586.151 Seed not intended for human or animal consumption: Requirements of owner of crop; exemption.
PESTICIDES USED ON MEDICAL MARIJUANA
586.400 Request to include pesticide on list of pesticides allowed for use on medical marijuana; evaluation; requirements; fees.
GENERAL PROVISIONS
NAC 586.005 Definitions. (NRS 586.237) 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.
3. “Restricted-use pesticide” has the meaning ascribed to it in NRS 586.205. The term includes any pesticide that contains any amount of strychnine or a salt of strychnine.
(Supplied in codification; A by Dep’t of Agriculture by R045-03, 9-24-2003)
PESTICIDES GENERALLY
NAC 586.011 Annual registration fee: Amount; deposit and use of portion of fee. (NRS 586.237, 586.270)
1. Each registrant must pay an annual registration fee of $125 for each pesticide registered.
2. The Director will deposit, in a separate account, $40 of each annual registration fee collected pursuant to subsection 1. The money in the account will be used to:
(a) Monitor and dispose of pesticides;
(b) Protect groundwater and surface water from contamination by pesticides; and
(c) Eradicate and control noxious weeds.
(Added to NAC by Div. of Agriculture, eff. 11-18-93; A by Dep’t of Agriculture by R082-99, 12-10-99, eff. 1-1-2000; R087-05, 11-17-2005, eff. 1-1-2006; R070-13, 10-23-2013; R115-13, 2-26-2014)
NAC 586.015 Restricted-use pesticides: Annual registration fee for seller. (NRS 561.105, 586.406) Each person registering to sell restricted-use pesticides shall pay an annual registration fee of $25.
(Added to NAC by Bd. of Agriculture by R097-99, 12-10-99, eff. 1-1-2000)
NAC 586.017 Restricted-use pesticides: Distribution or sale. (NRS 586.237)
1. A restricted-use pesticide must only be distributed or sold by a person registered to sell restricted-use pesticides.
2. A person registered to sell restricted-use pesticides shall only distribute or sell a restricted-use pesticide to:
(a) A certified applicator with the appropriate certification to use or supervise the use of the type and quantity of the restricted-use pesticide; or
(b) The authorized representative of a certified applicator with the appropriate certification to use or supervise the use of the type and quantity of the restricted-use pesticide.
(Added to NAC by Dep’t of Agriculture by R045-03, eff. 9-24-2003)
NAC 586.018 Restricted-use pesticides: Application by or under supervision of certified applicator. (NRS 586.237) A person shall not apply or otherwise use a restricted-use pesticide unless the person is:
1. A certified applicator with the appropriate certification to use the restricted-use pesticide; or
2. A person under the direct supervision of a certified applicator who holds the appropriate certification to use the restricted-use pesticide.
(Added to NAC by Dep’t of Agriculture by R045-03, eff. 9-24-2003)
NAC 586.020 Pesticides highly toxic to humans. (NRS 586.237, 586.241) A pesticide which falls within any of the following categories when tested on laboratory animals is highly toxic to humans:
1. A pesticide which produces death in half or more of the test animals of any species at a dosage of 50 milligrams or less per kilogram of body weight when administered orally to 10 or more animals of the species.
2. A pesticide which produces death in half or more of the animals of any species at a dosage of 200 parts or less by volume of the gas or vapor per million parts by volume of air when administered by continuous inhalation for 1 hour or less to 10 or more animals of the species, if that concentration is likely to be encountered by humans when the pesticide is used in any reasonably foreseeable manner.
3. A pesticide which produces death in half or more of the animals tested at a dosage of 200 milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for 24 hours or less to 10 or more animals.
[Dep’t of Agriculture, No. 86.01, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.030 Coloration or discoloration of white pesticides. (NRS 586.237, 586.241, 586.915)
1. The white pesticides named in this section must be colored or discolored in accordance with this section, except that any white pesticide which is intended solely for use by a textile manufacturer or a commercial laundry, cleaner or dyer as a mothproofing agent, which would not be suitable for such use if colored and which will not come into the hands of the public when incorporated into a fabric, is not required to be colored or discolored in accordance with this section. The hues, values and chromas specified are those contained in the Munsell Book of Color, Munsell Color Company, 10 East Franklin Street, Baltimore, Maryland.
2. The coloring agent must produce a uniformly colored product not subject to change in color beyond the minimum requirements during ordinary conditions of marketing and storage and must not cause the product to become less effective or cause damage when used as directed or in accordance with commonly recognized safe practice.
3. Sodium fluoride and sodium fluosilicate must be:
(a) Colored blue or green having a value of not more than 8 and a chroma of not less than 4; or
(b) Discolored to a neutral lightness value not over 7.
4. Other white powder pesticides may be required to be colored or discolored, after investigation and public hearing.
5. The Executive Director may permit other hues to be used for a particular purpose if the prescribed hues are not feasible for that purpose and the use of the other hues will not be injurious to the public.
6. The requirements for coloration apply to the materials named therein, and not to mixtures consisting of other ingredients with highly toxic materials.
[Dep’t of Agriculture, No. 86.02, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.040 Sodium fluoroacetate: Sale, possession or use. (NRS 586.237, 586.403)
1. No person may sell, possess or use sodium fluoroacetate (also known as “Compound 1080” and “1080”), other than:
(a) A certified applicator;
(b) A research or chemical laboratory in its respective field; or
(c) A wholesaler or jobber of pesticides for sale to the persons specified in paragraphs (a) and (b), or for export.
2. Each such person must have a special permit for possession and use of sodium fluoroacetate and shall notify the Executive Director not less than 24 hours before dispensing or using this pesticide.
[Dep’t of Agriculture, No. 86.03, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.080 Expression of percentages; sliding scale prohibited. (NRS 586.237) The sliding scale method of expressing percentages must not be used. This does not forbid the use of a qualifying statement descriptive of the basic active material or materials, if the statement does not constitute an integral part of the percentage of total active ingredients.
[Dep’t of Agriculture, No. 86.07, eff. 7-1-56]
NAC 586.100 Arsenic: Label requirements. (NRS 586.237) The label of any pesticide containing arsenic as an active ingredient in any form must show the total amount of arsenic, expressed as metallic, and the amount of arsenic in water-soluble form, expressed as metallic, in addition to other required statements.
[Dep’t of Agriculture, No. 86.09, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.110 Copper: Label requirements. (NRS 586.237) If a pesticide contains a copper compound of uncertain composition, the ingredient statement may be given in terms of copper expressed as metallic if the type of compound is also shown. For example, the name of the active ingredient may be stated as “Copper expressed as metallic (derived from basic copper sulfate).”
[Dep’t of Agriculture, No. 86.10, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.140 Changes in labels and ingredient statements. (NRS 586.237)
1. Any change in the substance in the label or ingredient statement of a registered pesticide must be submitted in advance to the Executive Director.
2. The registrant must describe the exact change desired, the proposed effective date and any other pertinent information that justifies the change.
3. After the effective date of a change in the label or ingredient statement, the product must be marketed under the new claims or ingredient statement, except that the Executive Director may allow a reasonable time for disposal of properly labeled stocks of the old product.
[Dep’t of Agriculture, No. 86.13, eff. 7-1-56] — (NAC A 12-9-81)
NAC 586.151 Seed not intended for human or animal consumption: Requirements of owner of crop; exemption. (NRS 586.237)
1. Except as otherwise provided in subsection 2:
(a) The owner of any crop grown to produce seed which is not intended for human consumption or as feed for animals shall:
(1) Provide all of the seed screening to a seed conditioner for disposal in a manner that ensures the seed screening cannot be distributed as food for human consumption or as feed for animals.
(2) Inform the seed conditioner of the pesticides applied to the crop.
(b) The seed conditioner shall keep records of the disposal of the seed screening for not less than 3 years after the date of the disposal. The seed conditioner shall provide copies of these records to the Department upon its request. The records must contain the following information:
(1) Verification of shipment to a site where disposal occurred, including the date and the source of the shipment.
(2) The location of the site where disposal occurred.
(3) The method of disposal, including, but not limited to, burial, composting or incineration.
(4) The amount and type of material disposed.
(c) Any seed which is not intended for human consumption or as feed for animals:
(1) Must not be distributed as food for human consumption or as feed for animals.
(2) Must be distributed in containers bearing a tag giving notice that the seed must not be used as food for human consumption or as feed for animals.
(d) Any crop grown to produce seed which is not intended for human consumption or as feed for animals, and any by-product of such a crop, including, but not limited to, green chop, hay, pellets, meal, whole seed and cracked seed, must not be distributed as food for human consumption or as feed for animals.
2. The provisions of subsection 1 do not apply to any crop or by-product of a crop grown in this State to which:
(a) No pesticide has been applied; or
(b) Only pesticides registered and labeled for application to that crop have been applied, if the residue of the pesticides is within the allowable amounts prescribed by the Environmental Protection Agency.
3. As used in this section:
(a) “Seed conditioner” means a person who disposes of seed screening in compliance with state and federal laws and regulations.
(b) “Seed screening” means all matter separated from the seeds through the process of using screens.
(Added to NAC by Div. of Agriculture, eff. 11-12-93)
PESTICIDES USED ON MEDICAL MARIJUANA
NAC 586.400 Request to include pesticide on list of pesticides allowed for use on medical marijuana; evaluation; requirements; fees. (NRS 561.153, 586.237, 586.550)
1. A pesticide manufacturer or medical marijuana establishment, or a representative thereof, may submit to the Department, on a form prescribed by the Department, a request for the Department to evaluate a pesticide for inclusion on the list of pesticides allowed to be used on medical marijuana described by subsection 2 of NRS 586.550 and, if the Department determines that the pesticide satisfies the requirements of this section and subsection 1 of NRS 586.550, to include the pesticide on the list.
2. The Department will evaluate the active ingredients in a pesticide for inclusion on a list of pesticides allowed to be used on medical marijuana pursuant to NRS 586.550 if the evaluation is recommended or requested, as appropriate, by:
(a) The staff of the Department;
(b) The Independent Laboratory Advisory Committee established pursuant to NAC 453A.666;
(c) A pesticide manufacturer; or
(d) A medical marijuana establishment or a representative thereof.
3. The Department will include a pesticide on a list of pesticides allowed to be used on medical marijuana pursuant to NRS 586.550 if:
(a) The active ingredients in the pesticide satisfy the requirements of paragraph (a) of subsection 1 of NRS 586.550;
(b) The active ingredients in the pesticide are registered for use in this State;
(c) The pesticide is appropriately labeled for the intended use of the pesticide and satisfies the requirements of paragraphs (b) and (c) of subsection 1 of NRS 586.550;
(d) The pesticide satisfies the requirements of chapter 586 of NRS; and
(e) The label on the pesticide has been approved by the Environmental Protection Agency.
4. The Department will charge the following fees:
(a) For evaluating a pesticide requested to be added to the list of pesticides allowed to be used on medical marijuana pursuant to NRS 586.550, $75 per hour.
(b) For verifying that a pesticide is appropriately labeled for use in a medical marijuana establishment registered pursuant to chapter 453A of NRS, $75 per hour.
(c) For participating in an application for registration of a pesticide to meet a special local need pursuant to 7 U.S.C. § 136v(c), $300.
5. As used in this section, “medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.
(Added to NAC by Dep’t of Agriculture by R089-15, eff. 1-27-2017)