Assembly Bill No. 91–Committee on Natural Resources, Agriculture, and Mining
CHAPTER..........
AN ACT relating to pesticides; providing for the registration of brands of pesticides; expanding the authorized uses of the fees currently deposited in an account for the disposal of pesticides to include the monitoring of ground water and surface water from contamination by pesticides; 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 586 of NRS is hereby amended by adding
thereto a new section to read as follows:
“Brand” means any and all words, terms, designs or
trademarks used in connection with a pesticide.
Sec. 2. NRS 586.020 is hereby amended to read as follows:
586.020 As used in NRS 586.010 to 586.450, inclusive, and
section 1 of this act, unless the context otherwise requires, the
words and terms defined in NRS 586.030 to 586.220, inclusive,
and section 1 of this act have the meanings ascribed to them in
those sections.
Sec. 3. NRS 586.200 is hereby amended to read as follows:
586.200 “Registrant” means the person registering any brand
of pesticide pursuant to the provisions of NRS 586.010 to 586.450,
inclusive[.] , and section 1 of this act.
Sec. 4. NRS 586.250 is hereby amended to read as follows:
586.250 [1.] Each brand of pesticide which is distributed,
sold[,] or offered for sale within this state , or delivered for
transportation or transported in intrastate commerce or between
points within this state through any point outside this state , must be
registered in the office of the Director . [and] Such a registration of
a brand of pesticide must be renewed annually.
[2. Products which have the same formula and are
manufactured by the same person, the labeling of which contains
the same claims, and the labels of which bear a designation
identifying the product as the same pesticide may be registered as a
single pesticide. Additional names and labels may be added by
supplemental statements during the current period of registration.]
Sec. 5. NRS 586.260 is hereby amended to read as follows:
586.260 1. The registrant shall file with the Director a
statement including:
(a) The name and address of the registrant and the name and
address of the person whose name will appear on the label, if other
than the registrant.
(b) The [name] brand of the pesticide.
(c) A complete copy of the labeling accompanying the brand of
pesticide and a statement of all claims to be made for it, including
directions for use.
(d) If requested by the Director, a full description of the tests
made and the results thereof upon which the claims are based.
2. In the case of the renewal of registration, a statement is
required only with respect to information which is different from
the information that was furnished when the brand of pesticide was
registered or last reregistered.
Sec. 6. NRS 586.270 is hereby amended to read as follows:
586.270 1. A registrant shall pay an annual registration fee in
an amount established by regulation of the Director for each brand
of pesticide registered.
2. The Director shall, for each annual registration fee he
collects, deposit in a separate account the amount established for
that purpose by regulation of the Director. The money deposited in
the account must be used [only] for the disposal of pesticides [.]
and to monitor pesticides and protect ground water and surface
water from contamination by pesticides.
3. A registrant who offers a pesticide for sale before registering
the brand of pesticide shall pay an amount equal to twice the
registration fee for registering the brand of pesticide.
Sec. 7. NRS 586.335 is hereby amended to read as follows:
586.335 1. The Director shall endeavor to eliminate from use
in this state any pesticide:
(a) Which endangers the agricultural or nonagricultural
environment;
(b) Which is not beneficial for the purposes for which it is sold;
or
(c) Which is misrepresented.
2. In carrying out this responsibility, he shall develop an
orderly program for the continuous evaluation of all pesticides the
brands of which have actually been registered.
Sec. 8. NRS 586.339 is hereby amended to read as follows:
586.339 1. Pursuant to NRS 586.335, the Director may, after
a hearing, cancel the registration of, or refuse to register, any brand
of pesticide[:
(a) Which] if:
(a) The pesticide has demonstrated serious uncontrollable
adverse effects within or outside the agricultural environment.
(b) The use of [which] the pesticide is of less public value or
greater detriment to the environment than the benefit received by its
use.
(c) [For which there] There is a reasonably effective and
practicable alternate material or procedure to the pesticide which is
demonstrably less destructive to the environment.
(d) [Which, if] The pesticide, when properly used, is detrimental
to:
(1) Vegetation, except weeds;
(2) Domestic animals; or
(3) Public health and safety.
(e) [Which] The pesticide is of little or no value for the purpose
for which it is intended.
(f) [Concerning which any] Any false or misleading statement
concerning the pesticide is made or implied by the registrant or his
agent, orally or in writing, or in the form of any advertising
literature.
2. In making any such determination, the Director may require
such practical demonstrations as are necessary to determine the
facts.
3. If the Director has a reason to believe that any of the
conditions stated in subsection 1 are applicable to any [registered]
pesticide the brand of which is registered and that the use or
continued use of the pesticide constitutes an immediate substantial
danger to persons or to the environment, he may, after notice to the
registrant, suspend the registration of the brand of pesticide
pending a hearing and final decision.
Sec. 9. NRS 586.350 is hereby amended to read as follows:
586.350 It is unlawful for any person to distribute, sell or offer
for sale within this state, or deliver for transportation or transport in
intrastate commerce or between points within this state through any
point outside this state, any pesticide the brand of which has not
been registered pursuant to the provisions of NRS 586.250 to
586.300, inclusive, or any pesticide if any of the claims made for it
or any of the directions for its use differ in substance from the
representations made in connection with its registration, or if the
composition of a pesticide differs from its composition as
represented in connection with its registration, except that, in the
discretion of the Director, a change in the labeling or formula of a
pesticide may be made within a registration period without
requiring reregistration of the [product.] brand of pesticide.
Sec. 10. NRS 586.360 is hereby amended to read as follows:
586.360 It is unlawful for any person to distribute, sell or offer
for sale within this state, or deliver for transportation or transport in
intrastate commerce or between points within this state through any
point outside this state, any pesticide unless it is in the registrant’s
or the manufacturer’s unbroken immediate container and there is
affixed to the container, and to the outside container or wrapper of
the retail package, if there is one through which the required
information on the immediate container cannot be clearly read, a
label bearing:
1. The name and address of the manufacturer, registrant or
person for whom manufactured.
2. The [name, brand or trademark] brand under which the
article is sold.
3. The net weight or measure of the content, subject to such
reasonable variations as the Director may permit.
Sec. 11. NRS 586.420 is hereby amended to read as follows:
586.420 1. The penalties provided for violations of NRS
586.350 to 586.390, inclusive, do not apply to:
(a) Any carrier while lawfully engaged in transporting a
pesticide within this state, if the carrier, upon request, permits the
Director or his designated agent to copy all records showing the
transactions in and movement of the articles.
(b) Public officers of this state and the Federal Government
engaged in the performance of their duties.
(c) The manufacturer or shipper of a pesticide for experimental
use only:
(1) By or under the supervision of an agency of this state or
of the Federal Government authorized by law to conduct research in
the field of pesticides; or
(2) By other persons if the pesticide is not sold and if the
container thereof is plainly and conspicuously marked “For
experimental use only—Not to be sold,” together with the
manufacturer’s name and address, but if a written permit has been
obtained from the Director, pesticides may be sold for experimental
purposes subject to such restrictions and conditions as may be set
forth in the permit.
2. An article shall not be deemed in violation of the provisions
of NRS 586.010 to 586.450, inclusive, and section 1 of this act if
intended solely for export to a foreign country[,] and if prepared or
packed according to the specifications or directions of the
purchaser. If not so exported, all the provisions of NRS 586.010 to
586.450, inclusive, and section 1 of this act apply.
Sec. 12. NRS 586.430 is hereby amended to read as follows:
586.430 1. The examination of pesticides or devices must be
made under the direction of the Director to determine whether they
comply with the requirements of NRS 586.010 to 586.450,
inclusive[.] , and section 1 of this act. If it appears from the
examination that a pesticide or device fails to comply with the
provisions of NRS 586.010 to 586.450, inclusive, and section 1 of
this act and the Director contemplates instituting criminal
proceedings against any person, the Director shall cause appropriate
notice to be given to the person. Any person so notified must be
given an opportunity to present his views, orally or in writing, with
regard to those
contemplated proceedings, and if thereafter in the opinion of the
Director it appears that the provisions of NRS 586.010 to 586.450,
inclusive, and section 1 of this act have been violated by the
person, the Director shall refer the facts to the district attorney of
the county in which the violation occurred with a copy of the results
of the analysis or the examination of the article. The provisions of
NRS 586.010 to 586.450, inclusive, and section 1 of this act do not
require the Director to report any act or failure to act for
prosecution or for the institution of libel proceedings, or to report
minor violations of NRS 586.010 to 586.450, inclusive, and section
1 of this act if he believes that the public interest will be best served
by a suitable notice of warning in writing.
2. Each district attorney to whom any such violation is reported
shall cause appropriate proceedings to be instituted and prosecuted
in a court of proper jurisdiction without delay.
3. The Director shall, by publication in such manner as he may
prescribe, give notice of all judgments entered in actions instituted
under the authority of NRS 586.010 to 586.450, inclusive[.] , and
section 1 of this act.
Sec. 13. NRS 586.440 is hereby amended to read as follows:
586.440 1. Any pesticide or device that is distributed, sold or
offered for sale within the State of Nevada , or delivered for
transportation or transported in intrastate commerce or between
points within this state through any point outside this state [shall
be] is liable to be proceeded against in any district court in any
county of this state where it may be found and seized for
confiscation by process of libel for condemnation:
(a) In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If [it] the brand of the pesticide has not been registered
under the provisions of NRS 586.250 to 586.300, inclusive.
(3) If it is a white powder pesticide and is not colored as
required under NRS 586.010 to 586.450, inclusive[.] , and section
1 of this act.
(4) If it fails to bear on the label the information required by
NRS 586.010 to 586.450, inclusive[.] , and section 1 of this act.
(b) In the case of a device, if it is misbranded.
2. If the article is condemned, it [shall,] must, after the entry of
the decree, be disposed of by destruction or sale as the court may
direct, and the proceeds [shall] must be paid to the State Treasurer
and deposited in the State General Fund. The article seized [shall]
must not be sold or destroyed contrary to the provisions of NRS
586.010 to 586.450, inclusive[.] , and section 1 of this act. The
article [shall] must not be sold or destroyed if the owner thereof
pays the costs of condemnation and executes a good and sufficient
bond conditioned that the article [shall] must not be disposed of
unlawfully. The court shall then order that the article condemned
[shall] must be delivered to the owner thereof for relabeling or
reprocessing as the case may be.
3. When a decree of condemnation is entered against the
article, court costs, fees and storage charges , and other proper
expenses [shall] , must be awarded against the person, if any,
intervening as claimant of the article.
Sec. 14. 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] Except as otherwise provided in NRS 586.270, fees
collected pursuant to the provisions of NRS 586.010 to 586.450,
inclusive[.] , and section 1 of this act.
(b) Fees collected pursuant to the provisions of chapter 588 of
NRS . [588.010 to 588.350, inclusive.]
(c) Fees collected pursuant to the provisions of NRS 590.340 to
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[.] , and section 1 of this act.
(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
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. 15. This act becomes effective upon passage and approval
for the purpose of adopting regulations and on January 1, 2004, for
all other purposes.
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