requires two-thirds majority vote (§§ 22, 24)                                                                                                        

                                                                                                  

 

Senate Bill No. 172–Committee on Natural Resources

 

(On Behalf of the Department of Agriculture)

 

February 20, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes concerning control of pests and plant diseases. (BDR 49‑571)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to agriculture; providing for the automatic suspension of licenses to engage in pest control under certain circumstances; revising provisions governing pests and plant diseases; making various changes concerning the regulation and licensing of dealers of nursery stock; requiring the State Department of Agriculture to adopt regulations providing for the issuance of permits for occasional sales of nursery stock; authorizing the assessment of a fee for such a permit; authorizing the Department to adopt regulations establishing certain license fees and penalty fees; providing for the payment of costs of corrective actions ordered by the Director of the Department; revising provisions governing inspections and shipments of nursery stock; revising certain exemptions from the licensing requirements relating to pest control; eliminating the grace period for renewing licenses to perform pest control; changing the Noxious Weed and Insect Pest Control Program to the Program for the Control of Pests and Plant Diseases; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

2-1  Section 1. Chapter 555 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 18, inclusive, of this

2-3  act.

2-4  Sec. 2.  1.  A person licensed to engage in pest control shall

2-5  ensure that each of his business locations in this state has a

2-6  primary principal who is licensed in the appropriate category or

2-7  categories of pest control.

2-8  2.  If a licensee ceases to have a primary principal at each of

2-9  his business locations in this state for 30 consecutive calendar

2-10  days, his license for pest control is automatically suspended,

2-11  without action of the Director, and remains suspended until such

2-12  time as the licensee obtains a primary principal for each business

2-13  location.

2-14      3.  As used in this section, “primary principal” means an

2-15  owner, officer, partner, member or technician of a pest control

2-16  business who has qualified by examination in one or more of the

2-17  categories of pest control and who has been designated by the pest

2-18  control business as the person responsible for the daily

2-19  supervision of the category or categories of pest control performed

2-20  by a business location of the pest control business within this state.

2-21      Sec. 3.  “Broker” means any person who acts as an agent for

2-22  another person in negotiating the purchase or sale of nursery

2-23  stock but who does not handle either the nursery stock which is

2-24  involved in the purchase or sale, or the proceeds of the sale, if

2-25  applicable.

2-26      Sec. 4.  “Dangerously injurious plant pest” means a plant

2-27  pest that constitutes a significant threat to the public or to the

2-28  agricultural, forestry or horticultural industry of this state.

2-29      Sec. 5.  “Dealer of nursery stock” means a person who

2-30  produces, holds, distributes, collects or sells nursery stock,

2-31  including, without limitation, a retail business, wholesale grower,

2-32  landscape contractor, landscape maintenance business, broker

2-33  and peddler.

2-34      Sec. 6.  “Hold” means to have and maintain possession of

2-35  nursery stock at a temporary or permanent location.

2-36      Sec. 7.  “Infested” means contaminated with a pest or so

2-37  exposed to a pest that contamination can reasonably be expected

2-38  to exist.

2-39      Sec. 8.  “Inspecting officer” means a person authorized by

2-40  the Department to inspect nursery stock.

2-41      Sec. 9.  “Inspection certificate” means a document which is

2-42  issued by an inspecting officer or an appropriate state officer who

2-43  is authorized to inspect nursery stock and which affirms, declares

2-44  or verifies that the nursery stock, or the nursery or premises from

3-1  which the nursery stock originated, has been inspected and found

3-2  to be free from plant pests and symptoms of diseases.

3-3  Sec. 10.  “License” means a license issued pursuant to NRS

3-4  555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of

3-5  this act, to a licensee to conduct business as a dealer of nursery

3-6  stock.

3-7  Sec. 11.  “Licensee” means a person licensed under the

3-8  provisions of NRS 555.235 to 555.249, inclusive, and sections 3 to

3-9  18, inclusive, of this act.

3-10      Sec. 12.  “Nursery” means any location:

3-11      1.  Where nursery stock is grown, propagated, held, stored or

3-12  sold; or

3-13      2.  From which nursery stock is distributed directly to a

3-14  customer.

3-15      Sec. 13.  “Nursery stock” means a plant for planting,

3-16  propagation or ornamentation, and includes, without limitation,

3-17  parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons,

3-18  tubers, corms, pips, rhizomes, scions, buds and grafts.

3-19      Sec. 14.  “Peddler” means any person who sells, solicits or

3-20  offers for sale nursery stock to a customer but who does not have a

3-21  nursery located in this state. The term does not include

3-22  nurserymen licensed by another state who wholesale nursery stock

3-23  to retail nurserymen located in this state or nurserymen who sell

3-24  nursery stock directly to the public by catalog.

3-25      Sec. 15.  “Pest” means any form of animal or vegetable life

3-26  detrimental to the crops, horticulture, livestock, public health,

3-27  wildlife, quality of water and beneficial uses of land in this state,

3-28  including, without limitation, any insect, snail, nematode, fungus,

3-29  virus, bacterium, microorganism, mycoplasmal organism, weed,

3-30  parasitic plant or any other plant that is normally considered to be

3-31  a pest of cultivated plants, uncultivated plants, agricultural

3-32  commodities, horticultural products or nursery stock, or that the

3-33  Director declares to be a pest.

3-34      Sec. 16.  “Phytosanitary certificate” means a certificate from

3-35  an authorized state plant regulatory officer that certifies, affirms,

3-36  declares or verifies that an article, nursery stock, plant product,

3-37  shipment or other officially regulated item meets federal or state

3-38  quarantine requirements, as appropriate, including, without

3-39  limitation, that the item is free of dangerously injurious pests or

3-40  quarantine pests, or that the item has been treated in the manner

3-41  set forth in the rules and regulations prescribed by the applicable

3-42  quarantine. The term includes a federal phytosanitary certificate,

3-43  a state phytosanitary certificate and a certificate of quarantine

3-44  compliance.

4-1  Sec. 17.  “Quarantine pest” means a pest listed by the State

4-2  Quarantine Officer in a quarantine issued pursuant to chapter

4-3  554 of NRS.

4-4  Sec. 18.  “Sell” means exchange, offer for sale, expose for

4-5  sale, have in possession for sale, arrange the sale of, solicit for

4-6  sale, display or advertise for sale, consign, accept on consignment,

4-7  or broker the purchase or sale.

4-8  Sec. 19.  NRS 555.100 is hereby amended to read as follows:

4-9  555.100  1.  The Department shall, if necessary or if a

4-10  complaint is made to the Department, cause an inspection to be

4-11  conducted of any premises, land, means of conveyance or article of

4-12  any person in this state, and if found infested with [an infectious

4-13  disease, insect, plant, weed or other pest] any pest or plant disease

4-14  that is injurious to:

4-15      (a) The public health or quality of any water in this state; or

4-16      (b) Any wildlife, beneficial use of land or agriculture in this

4-17  state,

4-18  the Department may provide a written notice of its findings to the

4-19  owner or occupant of the premises, land, means of conveyance or

4-20  article and require him to control, treat or eradicate the [disease,

4-21  insect, weed or other] pest or plant disease in the manner and within

4-22  the period specified in the notice.

4-23      2.  A notice issued pursuant to the provisions of subsection 1:

4-24      (a) May be served upon the owner or occupant by an officer or

4-25  employee of the Department; and

4-26      (b) Must be served in writing, by certified mail or personally,

4-27  with receipt given therefor.

4-28      Sec. 20.  NRS 555.110 is hereby amended to read as follows:

4-29      555.110  1.  [All such premises so infected or infested are]

4-30  Any premises found to be infested with any pest or plant disease is

4-31  hereby adjudged and declared to be a public nuisance . [, and if any]

4-32  If such a nuisance exists at any place within the jurisdiction of the

4-33  Department and the owner or occupant [thereof,] of the premises,

4-34  after notification, refuses or neglects to abate the nuisance within the

4-35  period specified, the Department shall cause the nuisance to be

4-36  abated at once by eradicating or controlling [those diseases, insects,

4-37  weeds or other] pests or plant diseases in a manner to be determined

4-38  by the Department.

4-39      2.  The expense thereof must be paid from any money made

4-40  available to the Department by direct legislative appropriation or

4-41  otherwise.

4-42      Sec. 21.  NRS 555.235 is hereby amended to read as follows:

4-43      555.235  As used in NRS 555.235 to 555.249, inclusive[:

4-44      1.  “Inspecting officer” means a person authorized by the

4-45  Department to inspect nursery stock.

5-1  2.  “Licensee” means any person licensed under the provisions

5-2  of NRS 555.235 to 555.249, inclusive.

5-3  3.  “Nursery” means any location:

5-4  (a) Where nursery stock is grown, propagated, stored or sold; or

5-5  (b) From which nursery stock is distributed directly to a

5-6  customer.

5-7  4.  “Nursery stock” means any plant for planting, propagation

5-8  or ornamentation, and includes parts of plants, trees, shrubs, vines,

5-9  vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions,

5-10  buds and grafts.

5-11      5.  “Pest” means any form of animal or vegetable life

5-12  detrimental to the nursery industry of this state, including, without

5-13  limitation, any insect, snail, nematode, fungus, virus, bacterium,

5-14  microorganism, mycoplasmal organism, weed, parasitic plant or any

5-15  other plant that is normally considered to be a pest of cultivated

5-16  plants, uncultivated plants, agricultural commodities, horticultural

5-17  products or nursery stock, or that the Director declares to be a pest.

5-18      6.  “Sell” means exchange, offer for sale, expose for sale, have

5-19  in possession for sale or solicit for sale.] , and sections 3 to 18,

5-20  inclusive, of this act, unless the context otherwise requires, the

5-21  words and terms defined in sections 3 to 18, inclusive, of this act

5-22  have the meanings ascribed to them in those sections.

5-23      Sec. 22.  NRS 555.236 is hereby amended to read as follows:

5-24      555.236  1.  [Every] Except as otherwise provided in this

5-25  section, a person who engages in the commercial production,

5-26  holding, distribution, collection or selling of nursery stock [shall]

5-27  must obtain a license from the Director, except:

5-28      (a) Retail florists or other persons who sell potted, ornamental

5-29  plants intended for indoor decorative purposes.

5-30      (b) A person [who is] not engaged in the nursery or landscaping

5-31  business [and] who raises nursery stock as a hobby in this state[,]

5-32  from which he makes occasional sales, if the person [reports to the

5-33  Director his intention to make those sales and] does not advertise or

5-34  solicit for the sale of that nursery stock.

5-35      (c) Persons engaged in agriculture and field-growing vegetable

5-36  plants intended for sale for use in agricultural production.

5-37      (d) [That the Director may, to relieve hardships imposed by the

5-38  licensing requirements of NRS 555.235 to 555.249, inclusive, upon

5-39  persons residing in sparsely settled areas of this state where no

5-40  licensed nurseries exist, waive the requirements for the licensing of

5-41  nurseries for any established business to permit occasional sales of

5-42  nursery stock to accommodate the customers of the business.

5-43      (e)] At the discretion of the Director, persons selling vegetable

5-44  bulbs or flower bulbs, including, without limitation, onion sets, tulip

5-45  bulbs and similar bulbs.

6-1  [(f) A nursery]

6-2  (e) A business licensed by another state that sells nursery stock

6-3  [directly] only to:

6-4       (1) A licensed [retail] dealer of nursery stock in this state; or

6-5       (2) The public exclusively by catalog.

6-6  (f) A garden club, conservation district or charitable nonprofit

6-7  association conducting not more than two sales of nursery stock

6-8  per calendar year, provided that each sale lasts not more than 4

6-9  consecutive days and the garden club, conservation district or

6-10  association has applied for and received a permit from the

6-11  Director to conduct such sales. The Department shall adopt

6-12  regulations providing for the issuance of a permit for occasional

6-13  sales required pursuant to this paragraph. The regulations may

6-14  include a schedule of fees for such permits.

6-15      2.  The Director may waive the requirements relating to

6-16  licensing set forth in NRS 555.235 to 555.249, inclusive, and

6-17  sections 3 to 18, inclusive, of this act, for a person otherwise

6-18  required to obtain a license pursuant to this section if the person

6-19  only has occasional sales of nursery stock to the ultimate

6-20  customer. To obtain a waiver pursuant to this subsection, the

6-21  person must:

6-22      (a) Submit to the Department a completed application for a

6-23  license to engage in the business of a dealer of nursery stock that

6-24  includes sufficient information to demonstrate that the person

6-25  qualifies for a waiver pursuant to this subsection; and

6-26      (b) Submit to the Director a notarized affidavit on a form

6-27  provided by the Department attesting that all information

6-28  furnished in the completed application is true.

6-29  A completed application submitted to the Department pursuant to

6-30  this section need not be accompanied by the fee required by NRS

6-31  555.238. A waiver issued pursuant to this subsection may be

6-32  revoked at any time and must be renewed annually.

6-33      3.  Persons, state agencies or political subdivisions exempt from

6-34  the licensing requirements:

6-35      (a) Shall conduct their businesses in accordance with pest

6-36  regulations and grades and standards for nursery stock as established

6-37  by the Director.

6-38      (b) Shall register annually, on or before July 1, with the

6-39  Department, the location, size and type of nursery stock being sold

6-40  or produced.

6-41      4.  As used in this section, “occasional sales” means sales of

6-42  nursery stock in a gross annual amount that is less than $1,000.

 

 

 

7-1  Sec. 23.  NRS 555.237 is hereby amended to read as follows:

7-2  555.237  1.  Any person applying for a license [shall] must do

7-3  so on the application form and in the manner prescribed by the

7-4  Director.

7-5  2.  [The] Except as otherwise provided in NRS 555.236, an

7-6  application for a license must be accompanied by the [nursery

7-7  license fee required by] fee established pursuant to NRS 555.238

7-8  and by evidence of the good faith and character of the applicant.

7-9  3.  A license is not transferable. If a licensee changes its

7-10  business name or the ownership of the licensee changes, the

7-11  licensee must obtain a new license. A licensee shall not engage in

7-12  the business of a dealer of nursery stock until a new license is

7-13  issued.

7-14      4.  A licensee shall prominently display his license at his

7-15  business location.

7-16      Sec. 24.  NRS 555.238 is hereby amended to read as follows:

7-17      555.238  [1.] The State Board of Agriculture may establish by

7-18  regulation [a minimum annual fee for each nursery license, to which

7-19  must be added an amount established by regulation of the Board for

7-20  each:

7-21      (a) Additional nursery of a licensee who has paid the minimum

7-22  nursery license fee.

7-23      (b) Acre of nursery stock in production or portion thereof after

7-24  the first acre.

7-25      (c) Agent acting on behalf of a licensed nursery established in

7-26  this state and operating outside of the county in which the nursery is

7-27  located.

7-28      (d) Peddler.

7-29      2.  As used in this section:

7-30      (a) “Agent” means any person who:

7-31          (1) Acts upon the authority of another person possessing a

7-32  nursery license in this state: and

7-33          (2) Solicits for the sale of nursery stock.

7-34      (b) “Peddler” means any person who sells, solicits or offers for

7-35  sale nursery stock to a customer and who does not have a nursery in

7-36  this state. The term does not include nurserymen licensed by another

7-37  state who wholesale nursery stock to retail nurserymen in this state

7-38  or sell nursery stock directly to the public by catalog.] a schedule of

7-39  annual fees for licenses and penalty fees for the late renewal of

7-40  licenses.

7-41      Sec. 25.  NRS 555.239 is hereby amended to read as follows:

7-42      555.239  1.  [Every licensee shall] Except as otherwise

7-43  provided in this section and NRS 555.237, a license expires on

7-44  June 30 of each year. A licensee must apply for the renewal of his

8-1  nursery license annually on or before July 1. It is unlawful to

8-2  conduct business without a current license.

8-3  2.  The fee for the renewal of a license is ascertained in [the

8-4  same manner as provided in] accordance with the schedule of fees

8-5  established pursuant to NRS 555.238.

8-6  3.  Any license may be renewed after July [15] 1 upon payment

8-7  of [a penalty of $10.

8-8  4.  Any person who has been previously licensed to sell nursery

8-9  stock and whose right to sell nursery stock has been forfeited by

8-10  failure to renew his license is exempt from the penalty fee if his

8-11  application to renew his license is accompanied by a signed

8-12  statement that he has not sold any nursery stock during any part of

8-13  the fiscal year for which he applies for renewal of his license.] the

8-14  penalty fee established by the State Board of Agriculture pursuant

8-15  to NRS 555.238.

8-16      Sec. 26.  NRS 555.241 is hereby amended to read as follows:

8-17      555.241  The Director may refuse to issue or renew, or may

8-18  suspend or revoke, a [nursery] license for violation of any provision

8-19  of NRS 555.235 to 555.249, inclusive, and sections 3 to 18,

8-20  inclusive, of this act, or any rule or regulation adopted under NRS

8-21  555.243, but no license may be refused, suspended or revoked

8-22  pursuant to this section until the applicant or licensee has been

8-23  given the opportunity to appear at a hearing. Offenders must be

8-24  given 15 days’ notice in writing. The notice must indicate the

8-25  offense and the place of hearing.

8-26      Sec. 27.  NRS 555.244 is hereby amended to read as follows:

8-27      555.244  1.  The Director or any inspecting officer may enter

8-28  any [nursery during reasonable] business during regular business

8-29  hours to ascertain[:

8-30      1.  The pest conditions of nursery stock on growing grounds.

8-31      2.  The condition of nursery stock offered for sale.] compliance

8-32  with NRS 555.235 to 555.249, inclusive, and sections 3 to 18,

8-33  inclusive, of this act, and any regulations adopted pursuant

8-34  thereto.

8-35      2.  Invoices and applicable inspection certificates, quarantine

8-36  certificates and phytosanitary certificates must be made available

8-37  to the Director or inspecting officer upon request.

8-38      Sec. 28.  NRS 555.246 is hereby amended to read as follows:

8-39      555.246  1.  [All] Except as otherwise provided in this

8-40  section, nursery stock that is shipped from other states to points

8-41  within this state and all nursery stock shipped intrastate must [bear

8-42  on the outside of each container in which the nursery stock was

8-43  packed for shipment a phytosanitary certificate or] be accompanied

8-44  by an inspection certificate which:

9-1  (a) Is dated within a reasonable time before shipment[, which

9-2  must:

9-3  (a) If it is a phytosanitary certificate, certify that the nursery

9-4  stock has been inspected and found free from dangerously injurious

9-5  plant pests and quarantine pests or has been treated in the manner

9-6  set forth in the rules and regulations prescribed by an applicable

9-7  quarantine issued pursuant to chapter 554 of NRS;

9-8  (b) If it is an inspection certificate, certify that the nursery from

9-9  which the nursery stock was shipped] ;

9-10      (b) Is issued by an authorized state plant regulatory officer;

9-11  and

9-12      (c) Affirms, declares or verifies that the nursery stock, nursery

9-13  or premises from which the nursery stock originated has been

9-14  inspected and found free of dangerously injurious plant pests [and is

9-15  commercially clean of common pests; and

9-16      (c) Bear the signature of an officer authorized to inspect nursery

9-17  stock.

9-18      2.  No] , pests and disease symptoms.

9-19      2.  Except as otherwise provided in this section, nursery stock

9-20  that is shipped from other states to points within this state, and

9-21  nursery stock that is shipped intrastate, for which a quarantine

9-22  has been issued pursuant to chapter 554 of NRS or to which a

9-23  federal quarantine applies, must be accompanied by a

9-24  phytosanitary certificate.

9-25      3.  Except as otherwise provided in this section, a corporation,

9-26  company or natural person engaged in the transportation of freight

9-27  or express [may] shall not make delivery of any nursery stock in

9-28  this state without [a] the inspection certificate or phytosanitary

9-29  certificate [or an inspection certificate.

9-30      3.  As used in this section:

9-31      (a) “Dangerously injurious plant pest” means a plant pest that

9-32  constitutes a significant threat to the public, the nursery,

9-33  agricultural, forestry or horticultural industry in this state or the

9-34  general environmental quality of this state.

9-35      (b) “Phytosanitary certificate” means a certificate from the state

9-36  of origin of nursery stock that was shipped to this state which

9-37  verifies that an officer authorized to inspect nursery stock in the

9-38  state of origin has inspected the nursery stock and determined that it

9-39  meets the requirements set forth in paragraph (a) of subsection 1.

9-40      (c) “Quarantine pest” means a pest listed by the State

9-41  Quarantine Officer in a quarantine issued pursuant to chapter 554 of

9-42  NRS.] , as appropriate, required by subsections 1 and 2.

9-43      4.  A shipment of nursery stock which is in the possession of

9-44  an in-state dealer of nursery stock licensed with the Department

9-45  and which is being delivered to an in-state customer need not be

10-1  accompanied by the inspection certificate or phytosanitary

10-2  certificate, as appropriate, required by subsections 1 and 2, except

10-3  that the dealer of nursery stock must provide such documents to

10-4  the Department upon request.

10-5      Sec. 29.  NRS 555.247 is hereby amended to read as follows:

10-6      555.247  1.  All nursery stock shipped from other states to

10-7  points within this state and all nursery stock shipped intrastate must

10-8  bear a label on or attached to:

10-9      (a) The outside of the container in which the nursery stock was

10-10  packed for shipment that indicates the name and address of the

10-11  consignee and consignor and contains a statement describing plainly

10-12  and legibly the correct botanical or commonly accepted name, or

10-13  both, for each kind of nursery stock in the container.

10-14     (b) Each individual piece of one kind and variety of nursery

10-15  stock , or subcontainer or lot containing one kind and variety of

10-16  nursery stock in each container, that contains a legible statement of

10-17  the correct botanical or commonly accepted name, or both, of the

10-18  nursery stock.

10-19     2.  [Bulk] Except as otherwise provided in subsection 4 of

10-20  NRS 555.246, bulk shipments of nursery stock not packed in

10-21  containers must:

10-22     (a) Be accompanied by [one of the certificates] the appropriate

10-23  certificate required pursuant to NRS 555.246.

10-24     (b) Be accompanied by a manifest which must:

10-25         (1) State the name and address of the consignor and

10-26  consignee; and

10-27         (2) List and describe plainly and legibly the correct botanical

10-28  or commonly accepted name, or both, for each kind of nursery stock

10-29  in the bulk shipment.

10-30     (c) Be labeled in accordance with the requirements of

10-31  subsection 1.

10-32     Sec. 30.  NRS 555.2485 is hereby amended to read as follows:

10-33     555.2485  1.  The Director shall adopt regulations specifying a

10-34  schedule of administrative fines which may be imposed, upon notice

10-35  and a hearing, for each violation of the provisions of NRS 555.235

10-36  to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, or

10-37  the regulations adopted pursuant thereto. The maximum fine that the

10-38  Director may impose for each violation may not exceed:

10-39     (a) For the first violation, $250;

10-40     (b) For the second violation, $500; and

10-41     (c) For each subsequent violation, $1,000.

10-42  All fines collected by the Director pursuant to this section must be

10-43  deposited with the State Treasurer for credit to the State General

10-44  Fund.

10-45     2.  The Director may:

11-1      (a) In addition to imposing an administrative fine pursuant to

11-2  this section, issue an order requiring a violator to take appropriate

11-3  action to correct the violation . [; or] The violator shall pay the cost

11-4  of any appropriate action so ordered.

11-5      (b) Request the district attorney of the appropriate county to

11-6  investigate or file a criminal complaint against any person who the

11-7  Director suspects may have committed flagrant or repeated

11-8  violations of any provision of NRS 555.235 to 555.249, inclusive[.]

11-9  , and sections 3 to 18, inclusive, of this act.

11-10     Sec. 31.  NRS 555.249 is hereby amended to read as follows:

11-11     555.249  Any person violating the provisions of NRS 555.235

11-12  to 555.249, inclusive, and sections 3 to 18, inclusive, of this act or

11-13  the regulations adopted pursuant thereto is guilty of a misdemeanor

11-14  and shall be punished by imprisonment in the county jail for not

11-15  more than 6 months, or by a fine of not more than $1,000, or by

11-16  both fine and imprisonment. The prosecuting attorney and the

11-17  Department may recover the costs of the proceeding, including

11-18  investigative costs and attorney’s fees, against a person convicted of

11-19  a misdemeanor pursuant to this section.

11-20     Sec. 32.  NRS 555.2605 is hereby amended to read as follows:

11-21     555.2605  As used in NRS 555.2605 to 555.460, inclusive, and

11-22  section 2 of this act, unless the context otherwise requires, the

11-23  words and terms defined in NRS 555.261 to 555.2695, inclusive,

11-24  have the meanings ascribed to them in those sections.

11-25     Sec. 33.  NRS 555.270 is hereby amended to read as follows:

11-26     555.270  It is the policy of this state and the purpose of NRS

11-27  555.2605 to 555.460, inclusive, and section 2 of this act, to

11-28  regulate, in the public interest, the application of pesticides which,

11-29  although valuable for the control of pests, may seriously injure man,

11-30  animals and crops over wide areas if not properly applied.

11-31     Sec. 34.  NRS 555.277 is hereby amended to read as follows:

11-32     555.277  1.  The provisions of NRS 555.2605 to 555.460,

11-33  inclusive, and section 2 of this act, relating to licenses and

11-34  requirements for their issuance, except a certificate or permit to use

11-35  a restricted-use pesticide, do not apply to any farmer-owner of

11-36  ground equipment applying pesticides for himself or his neighbors,

11-37  if:

11-38     (a) He operates farm property and operates and maintains

11-39  equipment for applying pesticides primarily for his own use.

11-40     (b) He is not regularly engaged in the business of applying

11-41  pesticides for hire as a principal or regular occupation, and he does

11-42  not publicly hold himself out as a pesticide applicator.

11-43     (c) He operates his equipment for applying pesticides only in the

11-44  vicinity of his own property and for the accommodation of his

11-45  neighbors for agricultural purposes only.

12-1      2.  The provisions of NRS 555.2605 to 555.460, inclusive, and

12-2  section 2 of this act, except those provisions relating to a certificate

12-3  or permit to use a restricted-use pesticide, do not apply to any

12-4  person using hand-powered equipment, devices or contrivances to

12-5  apply pesticides to lawns or to ornamental shrubs and trees as an

12-6  incidental part of his business of taking care of lawns and yards for

12-7  remuneration, if that person does not publicly hold himself out as

12-8  being in the business of applying pesticides[.] and the cost of

12-9  applying the pesticides does not exceed 20 percent of the total

12-10  remuneration received.

12-11     Sec. 35.  NRS 555.320 is hereby amended to read as follows:

12-12     555.320  1.  If the Director finds the applicant qualified, and

12-13  upon the applicant’s appointing the Director agent for service of

12-14  process and finding that the applicant has satisfied the requirements

12-15  of NRS 555.325 and 555.330, the Director shall issue a license to

12-16  perform pest control within this state.

12-17     2.  The license period is the calendar year. All licenses expire

12-18  on December 31 of each year. The license may be renewed annually

12-19  upon application to the Director and payment of the license fee on

12-20  or before [January 16] December 31 of each year. If the holder of

12-21  the license is a natural person, he must submit with his application

12-22  for renewal the statement required pursuant to NRS 555.325.

12-23     3.  [A penalty fee of $5 must be charged for failure to pay the

12-24  renewal fee when due unless the application for renewal is

12-25  accompanied by a written statement signed by the applicant that he

12-26  has not made any application of pesticides from the time of

12-27  expiration of his prior license until the time of application for

12-28  renewal.

12-29     4.] The license may restrict the licensee to the use of a certain

12-30  type or types of equipment or materials if the Director finds that the

12-31  applicant is qualified to use only a certain type or types.

12-32     [5.] 4. If a license is not issued as applied for, the Director shall

12-33  inform the applicant in writing of the reasons therefor.

12-34     Sec. 36.  NRS 555.350 is hereby amended to read as follows:

12-35     555.350  1.  The Director may suspend, pending inquiry, for

12-36  not longer than 10 days, and, after opportunity for a hearing, may

12-37  revoke, suspend or modify any license issued under NRS 555.2605

12-38  to 555.460, inclusive, and section 2 of this act, if he finds that:

12-39     (a) The licensee is no longer qualified;

12-40     (b) The licensee has engaged in fraudulent business practices in

12-41  pest control;

12-42     (c) The licensee has made false or fraudulent claims through any

12-43  media by misrepresenting the effect of materials or methods to be

12-44  used;

13-1      (d) The licensee has applied known ineffective or improper

13-2  materials;

13-3      (e) The licensee operated faulty or unsafe equipment;

13-4      (f) The licensee has made any application in a faulty, careless or

13-5  negligent manner;

13-6      (g) The licensee has violated any of the provisions of NRS

13-7  555.2605 to 555.460, inclusive, and section 2 of this act, or

13-8  regulations adopted pursuant thereto;

13-9      (h) The licensee engaged in the business of pest control without

13-10  having a licensed applicator or operator in direct on-the-job

13-11  supervision;

13-12     (i) The licensee aided or abetted a licensed or an unlicensed

13-13  person to evade the provisions of NRS 555.2605 to 555.460,

13-14  inclusive, and section 2 of this act combined or conspired with such

13-15  a licensee or an unlicensed person to evade the provisions, or

13-16  allowed one’s license to be used by an unlicensed person;

13-17     (j) The licensee was intentionally guilty of fraud or deception in

13-18  the procurement of his license; or

13-19     (k) The licensee was intentionally guilty of fraud or deception in

13-20  the issuance of an inspection report on wood-destroying pests or

13-21  other report required by regulation.

13-22     2.  A license is suspended automatically, without action of the

13-23  Director, if the proof of public liability and property damage or drift

13-24  insurance filed pursuant to NRS 555.330, is canceled, and the

13-25  license remains suspended until the insurance is reestablished.

13-26     Sec. 37.  NRS 555.460 is hereby amended to read as follows:

13-27     555.460  Any person violating the provisions of NRS 555.2605

13-28  to 555.420, inclusive, or section 2 of this act, or the regulations

13-29  adopted pursuant thereto, is guilty of a misdemeanor and, in

13-30  addition to any criminal penalty, shall pay to the Department an

13-31  administrative fine of not more than $5,000 per violation. If an

13-32  administrative fine is imposed pursuant to this section, the costs of

13-33  the proceeding, including investigative costs and attorney’s fees,

13-34  may be recovered by the Department.

13-35     Sec. 38.  NRS 555.470 is hereby amended to read as follows:

13-36     555.470  1.  The Director shall adopt regulations specifying a

13-37  schedule of fines which may be imposed, upon notice and a hearing,

13-38  for each violation of the provisions of NRS 555.2605 to 555.460,

13-39  inclusive[.] , or section 2 of this act. The maximum fine that may

13-40  be imposed by the Director for each violation must not exceed

13-41  $5,000 per day. All fines collected by the Director pursuant to this

13-42  subsection must be remitted to the county treasurer of the county in

13-43  which the violation occurred for credit to the county school district

13-44  fund.

13-45     2.  The Director may:

14-1      (a) In addition to imposing a fine pursuant to subsection 1, issue

14-2  an order requiring a violator to take appropriate action to correct the

14-3  violation; or

14-4      (b) Request the district attorney of the appropriate county to

14-5  investigate or file a criminal complaint against any person that the

14-6  State Board of Agriculture suspects may have violated any provision

14-7  of NRS 555.2605 to 555.460, inclusive[.] , or section 2 of this act.

14-8      Sec. 39.  NRS 561.375 is hereby amended to read as follows:

14-9      561.375  1.  The [Noxious Weed and Insect Pest Control]

14-10  Program for the Control of Pests and Plant Diseases is hereby

14-11  established.

14-12     2.  Money accepted by the Department under the provisions of

14-13  NRS 555.010 to 555.460, inclusive, and sections 2 to 18, inclusive,

14-14  of this act, from the Federal Government or any federal department

14-15  or agency, a county, a city, a public district or any political

14-16  subdivision of this state, a public or private corporation, or a natural

14-17  person, may be used in the [Noxious Weed and Insect Pest Control

14-18  Program.] Program for the Control of Pests and Plant Diseases.

14-19     3.  Expenditures for the [Noxious Weed and Insect Pest

14-20  Control] Program for the Control of Pests and Plant Diseases may

14-21  be made only to carry out the provisions of this chapter and chapter

14-22  555 of NRS.

14-23     Sec. 40.  This act becomes effective on July 1, 2003.

 

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