AB193_R1

Assembly Bill No. 193–Committee on Natural Resources,
Agriculture, and Mining

CHAPTER..........

AN ACT relating to agriculture; revising the provisions governing commercial fertilizers and agricultural minerals; requiring the Director of the State Department of Agriculture to adopt regulations concerning the application, distribution and classification for restricted use of certain commercial fertilizers and agricultural minerals; prohibiting a person who is not registered with the Director from selling or offering to sell at retail, or distributing or delivering for transportation for delivery to the consumer or user, a commercial fertilizer or agricultural mineral that is classified for restricted use; requiring the State Board of Agriculture to adopt regulations establishing fees for such registration; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 588 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 to 8, inclusive, of this

act.

Sec. 2. “Restricted-use commercial fertilizer or agricultural

mineral” means a commercial fertilizer or agricultural mineral

classified for restricted use pursuant to section 6 of this act.

Sec. 3. The Director has jurisdiction in all matters pertaining

to the distribution, sale and transportation of commercial

fertilizers and agricultural minerals pursuant to this chapter.

Sec. 4. The Director shall:

1. Eliminate from use in this state any commercial fertilizer

or agricultural mineral that he finds:

(a) Endangers the agricultural or nonagricultural

environment;

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

2. In carrying out his duties pursuant to subsection 1, develop

a program for the continual evaluation of all commercial

fertilizers and agricultural minerals the brands and grades of

which have been registered pursuant to NRS 588.170.

Sec. 5. 1. The Director may, after a hearing, cancel the

registration of, or refuse to register, the brand and grade of any

commercial fertilizer or agricultural mineral if he finds that:

(a) The commercial fertilizer or agricultural mineral has

demonstrated serious uncontrollable adverse effects within or

outside the agricultural environment;

(b) The use of the commercial fertilizer or agricultural mineral

is of less value to the public or greater detriment to the

environment than the benefit received by its use;

material which is demonstrably less destructive to the

environment;

(d) The commercial fertilizer or agricultural mineral, if

properly used, is detrimental to:

(1) Vegetation, except weeds;

(2) Domestic animals; or

(3) Public health and safety;

(e) The commercial fertilizer or agricultural mineral is of little

or no value for the purpose for which it is intended; or

(f) Any false or misleading statement concerning the

commercial fertilizer or agricultural mineral has been made or

implied by the registrant or his agent, or by the applicant for

registration, orally or in writing, or in the form of any advertising.

2. In making any such determination, the Director may

require such practical demonstrations as are necessary to

determine the facts.

3. If the Director has reason to believe that any of the

findings described in subsection 1 are applicable to any

commercial fertilizer or agricultural mineral the brand and grade

of which is registered and that the use or continued use of the

commercial fertilizer or agricultural mineral constitutes an

immediate substantial danger to any person or the environment,

the Director may, after notice to the registrant, suspend the

registration of the brand and grade of the commercial fertilizer or

agricultural mineral pending a hearing and final decision.

Sec. 6. 1. The Director shall adopt regulations governing

the application and distribution of any commercial fertilizer or

agricultural mineral which he finds must necessarily be applied as

a commercial fertilizer or agricultural mineral but which, unless

carefully used, is likely to be:

(a) Injurious to persons, pollinating insects, bees, animals,

crops or land; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety.

2. The Director in classifying commercial fertilizers and

agricultural minerals as restricted-use commercial fertilizers or

agricultural minerals shall determine whether:

(a) The commercial fertilizer or agricultural mineral is highly

toxic to humans or other animals, including wildlife;

(b) The regulations governing the application and distribution

of the commercial fertilizer or agricultural mineral are reasonably

calculated to avoid injury and are necessary for the proper use of

the commercial fertilizer or agricultural mineral;

agricultural mineral is of greater value to the public than the

detriment to the environment or the public health and safety from

the use of the commercial fertilizer or agricultural mineral; and

(d) The commercial fertilizer or agricultural mineral can be

used for harmful purposes other than its registered purposes.

3. The Director may adopt such other regulations as are

necessary to carry out the provisions of this chapter, including,

without limitation, regulations governing:

(a) The collection and examination of commercial fertilizers

and agricultural minerals;

(b) The types of containers and packages required to be used

for specific commercial fertilizers or agricultural minerals,

including, without limitation, requirements concerning the

construction, strength and size of the containers and packages to

avoid the danger of spillage, breakage or misuse;

distribution and disposal of commercial fertilizers and agricultural

minerals and their containers; and

(d) The information required to be recorded and maintained

concerning the sale, use and distribution of restricted-use

commercial fertilizers and agricultural minerals.

Sec. 7. 1. It is unlawful for any person to sell or offer to

sell at retail, or to distribute or deliver for transportation for

delivery to the consumer or user, a restricted-use commercial

fertilizer or agricultural mineral unless the person is registered

with the Director.

2. Each person applying for registration must provide the

Director with a registration statement that includes:

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

(b) The name and address of any person who, on behalf of the

person registering, sells, offers to sell, distributes or delivers for

transportation a restricted-use commercial fertilizer or

agricultural mineral.

3. All such registrations expire on December 31 of each year

and are renewable annually.

4. Each person registering with the Director must pay:

(a) An annual registration fee established by regulation of the

State Board of Agriculture; and

(b) A penalty fee established by regulation of the State Board

of Agriculture if the person failed to renew his previous

registration on or before February 1 next following its expiration,

unless his registration is accompanied by a signed statement that

no person named on the registration statement has sold or

distributed any restricted-use commercial fertilizer or agricultural

mineral during the period the registration was not in effect.

5. Each person registered pursuant to this section shall

maintain for at least 2 years a record of all sales of restricted-use

commercial fertilizers or agricultural minerals showing:

(a) The date of sale or delivery of the restricted-use

commercial fertilizer or agricultural mineral;

(b) The name and address of the person to whom the

restricted-use commercial fertilizer or agricultural mineral was

sold or delivered;

or agricultural mineral sold or delivered;

(d) The amount of the restricted-use commercial fertilizer or

agricultural mineral sold or delivered; and

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

6. Each person registered pursuant to this section shall, on or

before the date specified for each reporting period established

pursuant to subsection 7, file a report with the Director specifying

the restricted-use commercial fertilizers or agricultural minerals

that the person sold during the reporting period. The Director

shall provide the form for the report. The report must be filed

regardless of whether the person sold any commercial fertilizers or

agricultural minerals during the reporting period.

7. The Director shall adopt regulations establishing reporting

periods and dates for filing reports pursuant to subsection 6.

Sec. 8. The Director may refuse to grant or renew a

registration pursuant to section 7 of this act or may suspend or

revoke the registration if, after notice and a hearing, he finds that:

1. The person registered has, without reasonable cause, failed

to record information as required by section 7 of this act or a

regulation adopted by the Director;

2. The person registered has made a false entry in a required

record; or

3. The applicant for registration has made a sale or delivery

of a restricted-use commercial fertilizer or agricultural mineral

without registering with the Director.

Sec. 9. NRS 588.010 is hereby amended to read as follows:

588.010 As used in this chapter, unless the context otherwise

requires, the words and terms defined in NRS 588.020 to 588.150,

inclusive, and section 2 of this act, have the meanings ascribed to

them in those sections.

Sec. 10. NRS 588.170 is hereby amended to read as follows:

588.170 1. Each brand and grade of commercial fertilizer or

agricultural mineral must be registered with the Department before

being offered for sale, sold or distributed in this state.

2. An application for registration must be submitted [in

duplicate] to the Director on a form furnished by him, and , except

as otherwise provided in subsection 3, must be accompanied by a

registration fee in an amount to be fixed annually by the Director for

each combined registration of brand and grade.

3. [The applicant must deposit with the Department an airtight

container containing not less than 2 pounds of the fertilizer or

agricultural mineral, together with an affidavit stating that it is a fair

sample of the fertilizer or agricultural mineral to be sold or offered

for sale.] A person who offers a commercial fertilizer or

agricultural mineral for sale before registering the brand and

grade of the commercial fertilizer or agricultural mineral shall

pay an amount equal to twice the otherwise applicable registration

fee for registering the brand and grade of the commercial fertilizer

or agricultural mineral.

4. Upon approval by the Director, a copy of the registration

must be furnished to the applicant.

5. All registrations expire on June 30 of each year.

Sec. 11. NRS 561.305 is hereby amended to read as follows:

561.305 The Department shall establish and maintain a

laboratory for the following purposes:

1. The diagnosis of infectious, contagious and parasitic

diseases of livestock, as may be necessary under the provisions of

chapter 571 of NRS.

2. The diagnosis of infectious, contagious and parasitic

diseases of bees, as may be necessary under the provisions of NRS

552.085 to 552.310, inclusive.

3. The diagnosis of infectious, contagious and destructive

diseases of agricultural commodities, and infestations thereof by

pests, as may be necessary under the provisions of NRS 554.010 to

554.240, inclusive.

4. The survey and identification of insect pests, plant diseases

and noxious weeds, and the maintenance of a herbarium, as may be

necessary under the provisions of NRS 555.010 to 555.249,

inclusive.

5. The testing of pesticides, as may be necessary under the

provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

586.450, inclusive.

6. The safekeeping and maintenance of official standards of

weights and measures, as may be necessary under the provisions of

chapter 581 of NRS.

7. The testing and grading of agricultural products and the

testing of the purity and germinating power of agricultural seeds and

the testing of the spray residue contained in produce, as may be

necessary under the provisions of chapter 587 of NRS.

8. The analysis and testing of commercial fertilizers and

agricultural minerals, as may be necessary under the provisions of

chapter 588 of NRS . [588.010 to 588.350, inclusive.]

9. The analysis and testing of petroleum products, as may be

necessary under the provisions of NRS 590.010 to 590.150,

inclusive.

10. The analysis and testing of antifreeze, as may be necessary

under the provisions of NRS 590.340 to 590.450, inclusive.

11. Any laboratory examinations, diagnoses, analyses or

testing as may be deemed necessary by the Director and which can

be made with equipment available in any such laboratory. Any

resident of this state may submit samples to the Department for

examination, diagnosis, analysis or testing, subject to such rules and

regulations as may be adopted by the Director.

Sec. 12. NRS 561.385 is hereby amended to read as follows:

561.385 1. The Agriculture Registration and Enforcement

Account is hereby created in the State General Fund for the use of

the Department.

2. The following fees must be deposited in the Agriculture

Registration and Enforcement Account:

(a) Fees collected pursuant to the provisions of NRS 586.010 to

586.450, inclusive.

(b) Fees collected pursuant to the provisions of chapter 588 of

NRS . [588.010 to 588.350, inclusive.]

590.450, inclusive.

(d) Laboratory fees collected for the testing of pesticides as

authorized by NRS 561.305, and as are necessary pursuant to the

provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

586.450, inclusive.

(e) Laboratory fees collected for the analysis and testing of

commercial fertilizers and agricultural minerals, as authorized by

NRS 561.305, and as are necessary pursuant to the provisions of

chapter 588 of NRS . [588.010 to 588.350, inclusive.]

(f) Laboratory fees collected for the analysis and testing of

petroleum products, as authorized by NRS 561.305, and as are

necessary pursuant to the provisions of NRS 590.010 to 590.150,

inclusive.

(g) Laboratory fees collected for the analysis and testing of

antifreeze, as authorized by NRS 561.305, and as are necessary

pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

3. Expenditures from the Agriculture Registration and

Enforcement Account may be made only to carry out the provisions

of this chapter, chapters 586, 588 and 590 of NRS and NRS

555.2605 to 555.460, inclusive.

Sec. 13. 1. This section and section 6 of this act become

effective upon passage and approval.

2. Sections 2 and 7 of this act become effective upon passage

and approval for the purpose of adopting regulations and on

January 1, 2004, for all other purposes.

3. Sections 1, 3, 4 and 5, and 8 to 12, inclusive, of this act

become effective on January 1, 2004.

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