NAC: CHAPTER 555 - CONTROL OF INSECTS, PESTS AND NOXIOUS WEEDS

[Rev. 9/23/2024 10:28:55 AM]

[NAC-555 Revised Date: 8-24]

CHAPTER 555 - CONTROL OF INSECTS, PESTS AND NOXIOUS WEEDS

NOXIOUS WEEDS

Classification of Weeds

555.010 Designation and categorization of noxious weeds.

Weed Free Certification Program

555.015 Establishment; application; standards adopted by reference.

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.

555.106 “Eradicated” defined.

555.1065 “Etiolated growth” defined.

555.1074 “Notice of violation” defined.

555.1075 “Notice of warning” 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.

555.2503 “Bait station” defined.

555.2505 “Business location” defined.

555.25055 “Certified non-private applicator” defined.

555.2507 “Cooperative Extension Service” defined.

555.25073 “Crop grown for seed production” defined.

555.25075 “Demonstration and research specialist” 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.

555.2543 “Livestock” defined.

555.2545 “Location principal” defined.

555.2547 “Nonserious violation” defined.

555.255 “Operator” defined.

555.2552 “Ornamental” defined.

555.2553 “Pesticide residue tolerance” defined.

555.2554 “Preconstruction treatment” defined.

555.256 “Principal” defined.

555.2563 “Rodenticide” defined.

555.2565 “Seed conditioner” defined.

555.2566 “Seed screening” defined.

555.2567 “Serious violation” defined.

555.2568 “Spot treatment” defined.

555.257 “Structural pest control” defined.

555.2572 “Subsequent offense” defined.

555.2575 “Tamper-resistant bait station” defined.

555.25755 “Termiticide” defined.

555.2576 “Vertebrate pest” defined.

555.2577 “Wood-destroying fungi” defined.

555.258 “Wood-destroying pest” defined.

555.2585 “Business” construed.

555.2587 “For hire” construed.

555.259 Exemption of persons owning landscaping businesses: “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 Establishment of fields and categories for licensing of authorized commercial applicators and commercial applicators.

555.283 Commercial applicator: Requirements.

555.285 Non-private applicators: Categories.

555.287 Non-private applicators: Requirements.

555.290 Miscellaneous requirements and restrictions; amendment of, temporary hold on and denial of business license.

555.300 Permit to perform emergency application.

555.320 Qualifications for examination; certain terms construed.

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 from examination.

555.350 Application for license: Form; business license; expiration. [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; business license; expiration. [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, location principal, principal, operator, demonstration and research specialist or agent; criminal history report for primary principal.

555.370 License to engage in pest control business; proof of insurance coverage required.

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; exception; credit for courses offered in another state.

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 as primary principal, principal, location principal, operator, demonstration and research specialist or agent; notification of termination of employment; requirements to regain license; transfer of license to inactive status; renewal of inactive license.

555.395 Pest control business: Primary principal required; primary principal or location principal required if more than one business location; suspension of license for noncompliance.

555.397 Fees.

Standards of Practice

555.400 General requirements.

555.410 Required records and reports.

555.413 Non-private applicator: Required records and reports.

555.415 Restrictions on authority of unlicensed persons.

555.420 Prohibited materials; prohibited uses of pesticides and termiticides.

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; 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.

Nonfood or Nonfeed Sites

555.5201 Designation of areas as nonfood or nonfeed sites; exemption from filing pesticide residue tolerance.

555.5203 Designation of areas as food or feed sites.

555.5205 Additional information required for certain nonfood or nonfeed sites.

555.5207 Conditions for certain uses of pesticides on nonfood or nonfeed sites; exceptions; modification of conditions.

555.5209 Prohibited acts.

555.521 Exemptions.

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.

555.615 Adoption by reference of certain federal regulations.

555.620 Certified non-private applicators: Categories.

555.630 Non-private applicators: Standards of competency.

555.640 Private applicators: Categories.

555.650 Private applicators: Standards of competency.

555.655 Certificates: Changes of information; amendments; terms.

555.660 Examinations for certification: Application; subjects.

555.670 Examinations for certification: General and specific; written and practical; passing score; retesting; use of unauthorized aid.

555.680 Applications for certification: Contents; minimum age requirement; proof of passing examination.

555.685 Renewal of certification of certified non-private and private applicators: Examination; continuing education; application.

555.690 Fees for issuance of certificates.

555.695 Application of restricted-use pesticides by authorized commercial applicator: Authorization by Director; examination.

555.700 Application of restricted-use pesticides by authorized commercial applicators, certified non-private applicators and private applicators.

555.705 Application of restricted-use pesticides by certified non-private applicator: Additional requirements.

555.710 Suspension, revocation or modification of license or certificate.

RODENT CONTROL DISTRICTS

555.800 Diamond Valley Rodent Control District.

555.810 Orovada Rodent Control District.

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, former NAC 555.005 contained definitions that were deemed duplicative of those set forth in NRS 555.005 and was removed from chapter 555 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

“Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of section 1 of this act [NRS 0.024].”

NOXIOUS WEEDS

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) Barbed goatgrass.	(Aegilops triuncialis)
(5) Buffelgrass.	(Pennisetum ciliare)
(6) Camelthorn.	(Alhagi pseudalhagi)
(7) Common crupina.	(Crupina vulgaris)
(8) Curly-leaf pondweed.	(Potamogeton crispus)
(9) Desert knapweed.	(Volutaria tubuliflora)
(10) Dyer’s woad.	(Isatis tinctoria)
(11) Eurasian water-milfoil.	(Myriophyllum spicatum)
(12) Flowering rush.	(Butomus umbellatus)
(13) Giant salvinia.	(Salvinia molesta)
(14) Goats rue.	(Galega officinalis)
(15) Green fountain grass.	(Pennisetum setaceum)
(16) Houndstongue.	(Cynoglossum officinale)
(17) Hydrilla.	(Hydrilla verticillata)
(18) Iberian starthistle.	(Centaurea iberica)
(19) Jointed goatgrass.	(Aegilops cylindrica)
(20) Klamath weed.	(Hypericum perforatum)
(21) Malta starthistle.	(Centaurea melitensis)
(22) Mediterranean sage.	(Salvia aethiopis)
(23) Purple loosestrife.	(Lythrum salicaria, Lythrum virgatum and their cultivars)
(24) Purple starthistle.	(Centaurea calcitrapa)
(25) Rush skeletonweed.	(Chondrilla juncea)
(26) Squarrose knapweed.	(Centaurea virgata)
(27) Sulfur cinquefoil.	(Potentilla recta)
(28) Syrian bean caper.	(Zygophyllum fabago)
(29) Ventenata.	(Ventenata dubia)
(30) Yellow starthistle.	(Centaurea solstitialis)
(31) Yellow toadflax.	(Linaria vulgaris)
(b) Category B Weeds:
(1) Black henbane.	(Hyoscyamus niger)
(2) Carolina horse nettle.	(Solanum carolinense)
(3) Dalmatian toadflax.	(Linaria dalmatica)
(4) Diffuse knapweed.	(Centaurea diffusa)
(5) Giant reed.	(Arundo donax)
(6) Leafy spurge.	(Euphorbia esula)
(7) Mayweed chamomile.	(Anthemis cotula)
(8) Medusahead.	(Taeniatherum caput-medusae)
(9) Perennial sow-thistle.	(Sonchus arvensis)
(10) Sahara mustard.	(Brassica tournefortii)
(11) Spotted knapweed.	(Centaurea maculosa)
(12) 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) Musk thistle.	(Carduus nutans)
(5) Perennial pepperweed.	(Lepidium latifolium)
(6) Poison Hemlock.	(Conium maculatum)
(7) Puncture vine.	(Tribulus terrestris)
(8) Russian knapweed.	(Acroptilon repens)
(9) Salt cedar (tamarisk).	(Tamarix spp.)
(10) Scotch thistle.	(Onopordum acanthium)
(11) 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; R152-17, 8-30-2018)

Weed Free Certification Program

NAC 555.015 Establishment; application; standards adopted by reference. (NRS 555.010)

1. A producer of agricultural products who wishes to have his or her agricultural products certified as being free from noxious weeds and any propagative parts may apply to the Department to participate in the Weed Free Certification Program which is hereby established pursuant to NRS 555.010. To participate in the Weed Free Certification Program, the producer must submit, in a form approved by the Department, evidence satisfactory to the Department that the producer meets the applicable standards adopted by reference in subsection 2.

2. The Director hereby adopts by reference the:

(a) Weed Free Forage Minimum Certification Standards, as revised on April 16, 2020;

(b) Weed Free Gravel Minimum Certification Standards, as revised on October 5, 2020; and

Ê issued by the Board of Directors of the North American Invasive Species Management Association or its successor organization, and any subsequent revisions which have been approved by the Director for use in this State. Each new revision shall be deemed approved by the Director unless the Director disapproves the revision within 60 days after the date of publication by the North American Invasive Species Management Association or its successor organization. The Director will review each revision issued to ensure its suitability for use in this State.

3. The most recent revisions of the standards adopted by reference in subsection 2 that have been approved by the Director will be available for inspection at the main office of the Department or may be obtained free of charge from the Internet website of the North American Invasive Species Management Association at:

(a) For the Weed Free Forage Minimum Certification Standards, https://naisma.org/wp-content/uploads/2020/04/NAISMA-WFF-Minimum-Standards-Final4-16-20.pdf.

(b) For the Weed Free Gravel Minimum Certification Standards, https://naisma.org/wp-content/uploads/2021/03/NAISMA_WF_Gravel_-Minimum_Standards-Final-3.1.2021.docx.pdf.

(c) For the Minimum Certification Standards for Weed-Free Mulch, https://naisma.org/wp-content/uploads/2020/10/NAISMA_WFM_Minimum_Standards_Final_10.5.2020.pdf.

(Added to NAC by Dep’t of Agriculture by R083-15, eff. 12-21-2015; A by R077-21, 12-29-2022)

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.);

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

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

(f) Diffuse knapweed (Centaurea diffusa).

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.);

(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.);

(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

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, former NAC 555.1045 and 555.1077 contained definitions that were deemed duplicative of those set forth in NRS 555.23525 and 555.23562, respectively, and were removed from chapter 555 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

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 555.106 “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 555.1083 “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.

(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.

(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.

(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”;

(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.

[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.

[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;

(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.

(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.

[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.

[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

REVISER’S NOTE.

Pursuant to the provisions of NRS 0.024, former NAC 555.2502 and 555.2555 contained definitions that were deemed duplicative of those set forth in NRS 555.261 and 555.2677, respectively, and were removed from chapter 555 of NAC in accordance with ch. 56, Stats. 2009, which contains the following provision not included in NRS:

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 555.2503 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; R077-21, 12-29-2022)

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

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

2. Protects the rodenticide or insecticide from moisture and dust; and

3. Provides a place for pests to feed on the rodenticide or insecticide.

(Added to NAC by Dep’t of Agriculture by R033-01, eff. 5-1-2002; A by R093-15, 3-10-2016)

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 555.25055 “Certified non-private applicator” defined. (NRS 555.400) “Certified non-private applicator” means a non-private applicator who is certified to apply or supervise the application of any restricted-use pesticide.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

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 555.25073 “Crop grown for seed production” defined. (NRS 555.380, 555.400) “Crop grown for seed production” means any crop that is grown:

1. To produce seed that is not intended for human consumption or as feed for animals; and

2. With the sole intent of the seed being:

(a) Planted; or

(b) Processed to produce industrial or cosmetic oil that is not edible.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

NAC 555.25075 “Demonstration and research specialist” defined. (NRS 555.400) “Demonstration and research specialist” means an industry representative or other person who publicly holds himself or herself out as being in the business of conducting field research for experimental purposes using pesticides not registered in this State or demonstrations using registered pesticides for the purpose of detecting, preventing, controlling or exterminating pests.

(Added to NAC by Dep’t of Agriculture by R093-15, eff. 3-10-2016)

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

[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 555.2543 “Livestock” defined. (NRS 555.400) “Livestock” has the meaning ascribed to it in NRS 571.022.

(Added to NAC by Dep’t of Agriculture by R033-14, eff. 10-24-2014)

NAC 555.2545 “Location principal” defined. (NRS 555.400) “Location principal” means the primary principal at a business location of a pest control business or a principal who has been designated by a primary principal as the person responsible for the daily supervision of the category or categories of pest control performed at a business location of the pest control business.

(Added to NAC by Dep’t of Agriculture by R033-14, eff. 10-24-2014)

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 555.2553 “Pesticide residue tolerance” defined. (NRS 555.380, 555.400) “Pesticide residue tolerance” means the allowable amount of the residue of a pesticide that is prescribed by the United States Environmental Protection Agency.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

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;

(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 555.256 “Principal” defined. (NRS 555.400) “Principal” has the meaning ascribed to it in NRS 555.2679.

[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; R033-14, 10-24-2014)

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 555.2565 “Seed conditioner” defined. (NRS 555.380, 555.400) “Seed conditioner” means a person who disposes of seed screening in compliance with state and federal statutes and regulations.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

NAC 555.2566 “Seed screening” defined. (NRS 555.380, 555.400) “Seed screening” means all matter separated from seeds through the use of screens.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

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

(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; R033-14, 10-24-2014; R093-15, 3-10-2016)

NAC 555.2568 “Spot treatment” defined. (NRS 555.390, 555.400) “Spot treatment” means the application of a general-use pesticide to a spot or two or more contiguous spots, where:

1. The total coverage of the treatment does not exceed one-tenth of the size of the total area that is potentially treatable; and

2. The size of each spot treated does not exceed 2 square feet for an indoor application, or 4 square feet for an outdoor application.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

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 555.25755 “Termiticide” defined. (NRS 555.400) “Termiticide” means a pesticide intended for preventing, destroying, controlling, repelling, attracting or mitigating termites.

(Added to NAC by Dep’t of Agriculture by R093-15, eff. 3-10-2016; A by R006-17, 12-19-2017)

NAC 555.2576 “Vertebrate pest” defined. (NRS 555.400) “Vertebrate pest” has the meaning ascribed to it in NRS 555.005.

(Added to NAC by Dep’t of Agriculture by R033-14, eff. 10-24-2014)

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 555.2585 “Business” construed. (NRS 555.400) For the purpose of carrying out the provisions of NRS 555.2605 to 555.470, inclusive, the Director will construe the term “business” to include any activity performed for hire, including, without limitation, such work performed by a governmental agency.

(Added to NAC by Dep’t of Agriculture by R093-15, eff. 3-10-2016)

NAC 555.2587 “For hire” construed. (NRS 555.400) For the purpose of carrying out the provisions of NRS 555.2605 to 555.470, inclusive, the Director will construe the term “for hire” to exclude any activity that is:

1. Performed by a governmental activity at the request of another governmental agency; and

2. For which the requesting governmental agency did not issue a request for proposals.

(Added to NAC by Dep’t of Agriculture by R093-15, eff. 3-10-2016)

NAC 555.259 Exemption of persons owning landscaping businesses: “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; R077-21, 12-29-2022)

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) Except as otherwise provided in subsection 2, a license as a primary principal, location principal, principal, operator, demonstration and research specialist or agent, authorizing the holder to conduct pest control in any category of pest control in which a primary principal of the business with which the holder is employed or a location principal for the specific business location has been qualified by examination.

(b) For a non-private applicator described in subsection 1 of NRS 555.2657, an authorized commercial applicator or a commercial applicator:

(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, demonstration and research specialist or agent will be issued a license only in those categories where he or she has a qualified primary principal or a qualified location principal at the business location from which the operator, demonstration and research specialist or agent will be working.

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; R033-14, 10-24-2014; R093-15, 3-10-2016; R077-21, 12-29-2022)

REVISER’S NOTE.

The regulation of the Director of the State Department of Agriculture filed with the Secretary of State on December 29, 2022 (LCB File No. R077-21), which amended this section, contains the following provision not included in NAC:

“Sec. 55. This regulation, LCB File No. R077-21, is hereby amended by adding thereto the following transitory language which has the force and effect of law but which will not be codified in the Nevada Administrative Code.

A person who, on the effective date of this regulation [December 29, 2022], is the holder of a valid license as a consultant issued pursuant to:

1. NRS 555.280; and

2. NAC 555.270, as that section existed before the effective date of this regulation [December 29, 2022],

Ê and who is otherwise qualified to hold such a license on that date, shall be deemed to hold a license as a consultant until his or her license as a consultant expires or is revoked, whichever occurs first.”

NAC 555.280 Establishment of fields and categories for licensing of authorized commercial applicators and commercial applicators. (NRS 555.400)

1. The following fields are established for the licensing of authorized commercial applicators and commercial applicators:

(a) Aerial—The use of aircraft, including, without limitation, an unmanned aerial vehicle, for the application of pesticides on standing or running water, rangeland, agricultural crops, forest, idle cropland and noncropland associated with the production of agricultural crops.

(b) Agricultural ground—The use of ground equipment for the application of pesticides on rangeland, agricultural crops, idle cropland and noncropland associated with the production of agricultural crops.

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

2. The following categories are established for the licensing of authorized commercial applicators and commercial applicators under the fields of licensing:

(a) Aerial—The application of pesticides by fixed-wing or rotary-wing aircraft.

(b) Agricultural ground:

(1) Agriculture plant pests—The application of insecticides, miticides, acaricides, fungicides, bactericides, nematicides and rodenticides on or around lands used in the production of agricultural commodities, including, without limitation, grains, vegetables, small fruits, fruit trees, peanuts, tree nuts, tobacco, cotton, feed and forage crops, and grasslands and noncrop agricultural lands associated with the production of agricultural commodities. This category does not include fumigation.

(2) Weeds—The application of herbicides, plant regulators, desiccants and defoliants on or around lands used in the production of agricultural commodities, including, without limitation, grains, vegetables, small fruits, fruit trees, peanuts, tree nuts, tobacco, cotton, feed and forage crops, and grasslands and noncrop agricultural lands associated with the production of agricultural commodities. This category does not include fumigation.

(3) Soil fumigation—The control of any soil pest when present in the soil through the use of fumigants.

(1) Limited landscape—The control of insect pests, vertebrate pests and plant diseases and the use of plant regulators on ornamentals and turf in urban or rural areas, including, without limitation, fruit trees in urban or rural areas if the fruit trees are not used for commercial purposes. This category does not include fumigation.

(2) Industrial and institutional—The control of insect pests and vertebrate pests in, on or around industrial complexes, institutional complexes and dwelling units. This category does not include fumigation.

(3) Structural—The control of wood-destroying pests, inspection for wood-destroying pests and inspection for conditions conducive to infestations of wood-destroying pests. This category does not include fumigation.

(4) Nonsoil fumigation—The control of any pest that is present in anything other than the soil through the use of poisonous and lethal gases.

(5) Aquatic—The control of insect pests, weeds and vertebrate pests in standing or running water. This category does not include fumigation.

(6) Weeds—The control of weeds in the maintenance of landscapes, turf and rights-of-way, including, without limitation, public roads, power lines, pipelines and railway rights-of-way. This category does not include fumigation or the control of aquatic weeds.

3. This section must not be construed to prohibit a person who has obtained the proper license from applying pesticides in a manner not prohibited by law.

4. As used in this section, “unmanned aerial vehicle” means a powered aircraft of any size without a human operator aboard the vehicle and that is operated remotely or autonomously.

[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; R033-14, 10-24-2014; R093-15, 3-10-2016; R006-17, 12-19-2017; R077-21, 12-29-2022)

NAC 555.283 Commercial applicator: Requirements. (NRS 555.400) Each applicant for a license as a commercial applicator must:

1. Complete and file with the Department an application for the license, identifying each field and category of pest control on which he or she wishes to be examined; and

2. Pass a written examination to demonstrate his or her:

(a) Practical knowledge of each field and category of pest control identified in the application; and

(b) His or her knowledge of general-use pesticides and the following subjects as they relate to such pesticides:

(1) Operations for pest control;

(2) An integrated approach to pest management;

(3) Pests;

(4) Recommended practices for controlling pests;

(5) The requirements of state and federal statutes and regulations relating to pesticides; and

(6) Safety in the handling and application of pesticides.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

NAC 555.285 Non-private applicators: Categories. (NRS 555.400) The categories for the licensing of non-private applicators described in subsection 1 of NRS 555.2657 are those set forth in NAC 555.620 for the certification of certified non-private applicators.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

NAC 555.287 Non-private applicators: Requirements. (NRS 555.2657, 555.400) A natural person who is employed by a city, county, state or other governmental agency and who desires to be licensed as a non-private applicator to apply or supervise the application of any general-use pesticide must:

1. Complete and file with the Department an application for the license, identifying each category of pest control on which he or she wishes to be examined; and

2. Pass a written examination to demonstrate his or her:

(a) Practical knowledge of each category of pest control identified in the application; and

(b) Knowledge of general-use pesticides and the following subjects as they relate to such pesticides:

(1) Labeling and the comprehension of labels;

(2) The environmental consequences of the use and misuse of pesticides;

(3) Pests;

(4) Equipment used in the application of pesticides;

(5) Techniques for the application of pesticides;

(6) The requirements of state and federal statutes and regulations relating to pesticides; and

(7) Safety in the handling and application of pesticides.

(Added to NAC by Dep’t of Agriculture by R077-21, eff. 12-29-2022)

NAC 555.290 Miscellaneous requirements and restrictions; amendment of, temporary hold on and denial of business license. (NRS 555.310, 555.400)

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

2. Each primary principal, location principal, principal, operator, demonstration and research specialist 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 an agricultural police officer appointed pursuant to subsection 2 of NRS 561.225.

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

4. A license is not assignable or transferable. If a change in ownership of a pest control business occurs, a new application and fee for a business license 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, demonstration and research specialist or agent must be paid by the employer. No additional fee is required for a designation as a primary principal or a location 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. 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 a temporary hold placed on his or her license for that category. The temporary hold on the license for that category may be removed at any time upon submission of proof of insurance to the Director.

8. The Director may refuse to issue a business license in a name that is:

(a) The same or similar to a name used by the holder of another business license;

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

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

10. A demonstration and research specialist shall not:

(a) Provide a recommendation or any other advice to a person concerning the use of a pesticide for which the brand has been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive; or

(b) Apply a pesticide for which the brand has been registered pursuant to the provisions of NRS 586.250 to 586.300, inclusive, except for demonstration and research purposes.

11. The Director may refuse to issue a license to an applicant 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; R033-14, 10-24-2014; R093-15, 3-10-2016; R077-22, 12-29-2022)

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 United States 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 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; R093-15, 3-10-2016; R077-22, 12-29-2022)

NAC 555.320 Qualifications for examination; certain terms construed. (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.

2. An applicant who is applying for examination as an operator, demonstration and research specialist or agent must have reached the age of majority but is not required to have the practical experience and education required of a principal pursuant to NRS 555.300.

3. For the purposes of carrying out the provisions of NRS 555.300, the Department will construe the term:

(a) “Credit hours in biological sciences” to include 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 categories of pest control” courses to include economic entomology, phytopathology and similar courses concerning the identification and control of pests through the use of pesticides.

(c) “Practical experience” to mean 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 or after the applicant:

(1) Ceases engaging in pest control;

(2) Has his or her employment with a pest control business terminated; or

(3) Has his or her license transferred to inactive status pursuant to NAC 555.385.

(d) “Related pest control” experience to include technical field representative work or termite inspection for private or governmental entities. 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; R033-14, 10-24-2014; R093-15, 3-10-2016; R077-21, 12-29-2022)

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

1. 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 requirements of subsection 3 of NRS 555.300 with regard to each additional category of pest control for which the principal applies or 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; A by R093-15, 3-10-2016)

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 an 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 an 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; R033-14, 10-24-2014)

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

1. The examination for:

(a) Each principal consists of a core examination, a separate examination on the laws and regulations of this State relating to pest control and a specific examination for each category of pest control in which the applicant has requested to be examined.

(b) Each operator consists of a core examination and a specific examination for each category of pest control in which the applicant has requested to be examined.

(d) Each demonstration and research specialist consists of a core examination and a separate examination on the laws and regulations of this State relating to pest control.

2. 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.

3. The passing score is 70 percent for each examination for a principal and 65 percent for each examination for an operator, demonstration and research specialist or agent.

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

(a) If applying for an operator’s or demonstration and research specialist’s license, 7 days.

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

5. 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; R033-14, 10-24-2014; R093-15, 3-10-2016; R077-21, 12-29-2022)

NAC 555.350 Application for license: Form; business license; expiration. [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 business license 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 of each partner, if the applicant is a partnership.

(c) A copy of the current certificate of incorporation and list of officers that has been filed with the Secretary of State pursuant to title 7 of NRS, 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) The business identification number assigned to the pest control business by the Secretary of State, if any.

(f) 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.

(g) The name, social security number, employer identification number, if applicable, 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, location principal, principal, operator, demonstration and research specialist and agent employed by the applicant.

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

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

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

(k) The name and cellular telephone number, if any, of the primary principal or location principal who supervises the daily activities of the principals, operators, demonstration and research specialists and agents at each business location.

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

(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, rural and structural field, a report of each pesticide that was applied within the immediately preceding 12 months. The report must include, without limitation:

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

(2) The registration number assigned to the pesticide by the United States 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.

(p) A statement certifying that each employee of the applicant who is subject to the requirements for continuing education set forth in NAC 555.372 has complied with those requirements.

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.

4. A business license expires on December 31 of each year and may be renewed annually. Each application for the renewal of a business license must be made on a form prescribed by the Director and accompanied by the fee required by NAC 555.397.

NAC 555.350 Application for license: Form; business license; expiration. [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)