REQUIRES TWO-THIRDS MAJORITY VOTE (§ 25)               

                                                  (Reprinted with amendments adopted on April 9, 2003)

 

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; deleting provisions authorizing the State Quarantine Officer to impose certain administrative penalties; providing civil penalties for violations of interstate quarantines; 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; providing for the issuance of permits for occasional sales of nursery stock; authorizing the State Board of Agriculture 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 State Department of Agriculture; 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:

 

1-1  Section 1. NRS 554.085 is hereby amended to read as follows:

1-2  554.085  1.  [The State Quarantine Officer shall adopt

1-3  regulations specifying a schedule of administrative fines which may

1-4  be imposed, upon notice and a hearing, for each violation of the

1-5  provisions of NRS 554.020 to 554.090, inclusive, or the regulations

1-6  adopted pursuant thereto. The maximum fine that the State

1-7  Quarantine Officer may impose] In addition to any criminal

1-8  penalty that may be imposed pursuant to NRS 554.090, any

1-9  corporation, common carrier, agent or employee of any

1-10  corporation, or any other person violating or assisting in violating

1-11  any of the provisions of NRS 554.020 to 554.090, inclusive, or any

1-12  regulation adopted pursuant thereto, is liable for a civil penalty for

1-13  each violation [may] not to exceed:

1-14      (a) For the first violation, $1,500;

1-15      (b) For the second violation, $3,000; and

1-16      (c) For each subsequent violation, $5,000.

1-17      2.  If a defendant is convicted of violating any of the

1-18  provisions of NRS 554.020 to 554.090, inclusive, or any regulation

1-19  adopted pursuant thereto, the court shall order the defendant to

1-20  pay a civil penalty pursuant to subsection 1. The court shall fix the

1-21  manner and time of payment.

1-22      3.  All [fines collected by the State Quarantine Officer]

1-23  penalties collected pursuant to this section must be deposited with

1-24  the State Treasurer for credit to the State General Fund.

1-25      [2.  The State Quarantine Officer may:

1-26      (a) In addition to imposing an administrative fine pursuant to

1-27  this section, issue an order requiring a violator to take appropriate

1-28  action to correct the violation; or

1-29      (b) Request the district attorney of the appropriate county to

1-30  investigate or file a criminal complaint against any person that the

1-31  State Quarantine Officer suspects may have committed flagrant or

1-32  repeated violations of any provision of NRS 554.020 to 554.090,

1-33  inclusive.

1-34      3.  The State Quarantine Officer shall adopt such regulations as

1-35  are necessary to provide for adequate notice and conduct of a

1-36  hearing required by this section.]

1-37      Sec. 1.5. Chapter 555 of NRS is hereby amended by adding

1-38  thereto the provisions set forth as sections 2 to 18, inclusive, of this

1-39  act.

1-40      Sec. 2.  1.  A person licensed to engage in pest control shall

1-41  ensure that each of his business locations in this state has a

2-1  primary principal who is licensed in the appropriate category or

2-2  categories of pest control.

2-3  2.  If a licensee ceases to have a primary principal at each of

2-4  his business locations in this state for 30 consecutive calendar

2-5  days, his license for pest control is automatically suspended,

2-6  without action of the Director, and remains suspended until such

2-7  time as the licensee obtains a primary principal for each business

2-8  location.

2-9  3.  As used in this section, “primary principal” means an

2-10  owner, officer, partner, member or technician of a pest control

2-11  business who has qualified by examination in one or more of the

2-12  categories of pest control and who has been designated by the pest

2-13  control business as the person responsible for the daily

2-14  supervision of the category or categories of pest control performed

2-15  by a business location of the pest control business within this state.

2-16      Sec. 3.  “Broker” means any person who acts as an agent for

2-17  another person in negotiating the purchase or sale of nursery

2-18  stock but who does not handle either the nursery stock which is

2-19  involved in the purchase or sale, or the proceeds of the sale, if

2-20  applicable.

2-21      Sec. 4.  “Dangerously injurious plant pest” means a plant

2-22  pest that constitutes a significant threat to the public or to the

2-23  agricultural, forestry or horticultural industry of this state.

2-24      Sec. 5.  “Dealer of nursery stock” means a person who

2-25  produces, holds, distributes, collects or sells nursery stock,

2-26  including, without limitation, a retail business, wholesale grower,

2-27  landscape contractor, landscape maintenance business, broker

2-28  and peddler.

2-29      Sec. 6.  “Hold” means to have and maintain possession of

2-30  nursery stock at a temporary or permanent location.

2-31      Sec. 7.  “Infested” means contaminated with a pest or so

2-32  exposed to a pest that contamination can reasonably be expected

2-33  to exist.

2-34      Sec. 8.  “Inspecting officer” means a person authorized by

2-35  the Department to inspect nursery stock.

2-36      Sec. 9.  “Inspection certificate” means a document which is

2-37  issued by an inspecting officer or an appropriate state officer who

2-38  is authorized to inspect nursery stock and which affirms, declares

2-39  or verifies that the nursery stock, or the nursery or premises from

2-40  which the nursery stock originated, has been inspected and found

2-41  to be free from plant pests and symptoms of diseases.

2-42      Sec. 10.  “License” means a license issued pursuant to NRS

2-43  555.235 to 555.249, inclusive, and sections 3 to 18, inclusive, of

2-44  this act, to a licensee to conduct business as a dealer of nursery

2-45  stock.

3-1  Sec. 11.  “Licensee” means a person licensed under the

3-2  provisions of NRS 555.235 to 555.249, inclusive, and sections 3 to

3-3  18, inclusive, of this act.

3-4  Sec. 12.  “Nursery” means any location:

3-5  1.  Where nursery stock is grown, propagated, held, stored or

3-6  sold; or

3-7  2.  From which nursery stock is distributed directly to a

3-8  customer.

3-9  Sec. 13.  “Nursery stock” means a plant for planting,

3-10  propagation or ornamentation, and includes, without limitation,

3-11  parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons,

3-12  tubers, corms, pips, rhizomes, scions, buds and grafts.

3-13      Sec. 14.  “Peddler” means any person who sells, solicits or

3-14  offers for sale nursery stock to a customer but who does not have a

3-15  nursery located in this state. The term does not include

3-16  nurserymen licensed by another state who wholesale nursery stock

3-17  to retail nurserymen located in this state or nurserymen who sell

3-18  nursery stock directly to the public by catalog.

3-19      Sec. 15.  “Pest” means any form of animal or vegetable life

3-20  detrimental to the crops, horticulture, livestock, public health,

3-21  wildlife, quality of water and beneficial uses of land in this state,

3-22  including, without limitation, any insect, snail, nematode, fungus,

3-23  virus, bacterium, microorganism, mycoplasmal organism, weed,

3-24  parasitic plant or any other plant that is normally considered to be

3-25  a pest of cultivated plants, uncultivated plants, agricultural

3-26  commodities, horticultural products or nursery stock, or that the

3-27  Director declares to be a pest.

3-28      Sec. 16.  “Phytosanitary certificate” means a certificate from

3-29  an authorized state plant regulatory officer that certifies, affirms,

3-30  declares or verifies that an article, nursery stock, plant product,

3-31  shipment or other officially regulated item meets federal or state

3-32  quarantine requirements, as appropriate, including, without

3-33  limitation, that the item is free of dangerously injurious pests or

3-34  quarantine pests, or that the item has been treated in the manner

3-35  set forth in the rules and regulations prescribed by the applicable

3-36  quarantine. The term includes a federal phytosanitary certificate,

3-37  a state phytosanitary certificate and a certificate of quarantine

3-38  compliance.

3-39      Sec. 17.  “Quarantine pest” means a pest listed by the State

3-40  Quarantine Officer in a quarantine issued pursuant to chapter

3-41  554 of NRS.

3-42      Sec. 18.  “Sell” means exchange, offer for sale, expose for

3-43  sale, have in possession for sale, arrange the sale of, solicit for

3-44  sale, display or advertise for sale, consign, accept on consignment,

3-45  or broker the purchase or sale.

4-1  Sec. 19.  NRS 555.100 is hereby amended to read as follows:

4-2  555.100  1.  The Department shall, if necessary or if a

4-3  complaint is made to the Department, cause an inspection to be

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

4-5  any person in this state, and if found infested with [an infectious

4-6  disease, insect, plant, weed or other pest] any pest or plant disease

4-7  that is injurious to:

4-8  (a) The public health or quality of any water in this state; or

4-9  (b) Any wildlife, beneficial use of land or agriculture in this

4-10  state,

4-11  the Department may provide a written notice of its findings to the

4-12  owner or occupant of the premises, land, means of conveyance or

4-13  article and require him to control, treat or eradicate the [disease,

4-14  insect, weed or other] pest or plant disease in the manner and within

4-15  the period specified in the notice.

4-16      2.  A notice issued pursuant to the provisions of subsection 1:

4-17      (a) May be served upon the owner or occupant by an officer or

4-18  employee of the Department; and

4-19      (b) Must be served in writing, by certified mail or personally,

4-20  with receipt given therefor.

4-21      Sec. 20.  NRS 555.110 is hereby amended to read as follows:

4-22      555.110  1.  [All such premises so infected or infested are]

4-23  Any premises found to be infested with any pest or plant disease is

4-24  hereby adjudged and declared to be a public nuisance . [, and if any]

4-25  If such a nuisance exists at any place within the jurisdiction of the

4-26  Department and the owner or occupant [thereof,] of the premises,

4-27  after notification, refuses or neglects to abate the nuisance within the

4-28  period specified, the Department shall cause the nuisance to be

4-29  abated at once by eradicating or controlling [those diseases, insects,

4-30  weeds or other] pests or plant diseases in a manner to be determined

4-31  by the Department.

4-32      2.  The expense thereof must be paid from any money made

4-33  available to the Department by direct legislative appropriation or

4-34  otherwise.

4-35      Sec. 21.  NRS 555.235 is hereby amended to read as follows:

4-36      555.235  As used in NRS 555.235 to 555.249, inclusive[:

4-37      1.  “Inspecting officer” means a person authorized by the

4-38  Department to inspect nursery stock.

4-39      2.  “Licensee” means any person licensed under the provisions

4-40  of NRS 555.235 to 555.249, inclusive.

4-41      3.  “Nursery” means any location:

4-42      (a) Where nursery stock is grown, propagated, stored or sold; or

4-43      (b) From which nursery stock is distributed directly to a

4-44  customer.

5-1  4.  “Nursery stock” means any plant for planting, propagation

5-2  or ornamentation, and includes parts of plants, trees, shrubs, vines,

5-3  vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions,

5-4  buds and grafts.

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

5-6  detrimental to the nursery industry of this state, including, without

5-7  limitation, any insect, snail, nematode, fungus, virus, bacterium,

5-8  microorganism, mycoplasmal organism, weed, parasitic plant or any

5-9  other plant that is normally considered to be a pest of cultivated

5-10  plants, uncultivated plants, agricultural commodities, horticultural

5-11  products or nursery stock, or that the Director declares to be a pest.

5-12      6.  “Sell” means exchange, offer for sale, expose for sale, have

5-13  in possession for sale or solicit for sale.] , and sections 3 to 18,

5-14  inclusive, of this act, unless the context otherwise requires, the

5-15  words and terms defined in sections 3 to 18, inclusive, of this act

5-16  have the meanings ascribed to them in those sections.

5-17      Sec. 22.  NRS 555.236 is hereby amended to read as follows:

5-18      555.236  1.  [Every] Except as otherwise provided in this

5-19  section, a person who engages in the commercial production,

5-20  holding, distribution, collection or selling of nursery stock [shall]

5-21  must obtain a license from the Director, except:

5-22      (a) Retail florists or other persons who sell potted, ornamental

5-23  plants intended for indoor decorative purposes.

5-24      (b) A person [who is] not engaged in the nursery or landscaping

5-25  business [and] who raises nursery stock as a hobby in this state[,]

5-26  from which he makes occasional sales, if the person [reports to the

5-27  Director his intention to make those sales and] does not advertise or

5-28  solicit for the sale of that nursery stock.

5-29      (c) Persons engaged in agriculture and field-growing vegetable

5-30  plants intended for sale for use in agricultural production.

5-31      (d) [That the Director may, to relieve hardships imposed by the

5-32  licensing requirements of NRS 555.235 to 555.249, inclusive, upon

5-33  persons residing in sparsely settled areas of this state where no

5-34  licensed nurseries exist, waive the requirements for the licensing of

5-35  nurseries for any established business to permit occasional sales of

5-36  nursery stock to accommodate the customers of the business.

5-37      (e)] At the discretion of the Director, persons selling vegetable

5-38  bulbs or flower bulbs, including, without limitation, onion sets, tulip

5-39  bulbs and similar bulbs.

5-40      [(f) A nursery]

5-41      (e) A business licensed by another state that sells nursery stock

5-42  [directly] only to:

5-43          (1) A licensed [retail] dealer of nursery stock in this state; or

5-44          (2) The public exclusively by catalog.

6-1  (f) A garden club or charitable nonprofit association

6-2  conducting sales of nursery stock, provided that the garden club or

6-3  nonprofit association has applied for and received a permit from

6-4  the Director to conduct such sales. The Department shall not

6-5  charge a fee for such a permit.

6-6  (g) A state or local governmental entity, including a

6-7  conservation district. The Department may inspect any plant

6-8  materials held, distributed, collected or sold by such an entity.

6-9  2.  The Director may waive the requirements relating to

6-10  licensing set forth in NRS 555.235 to 555.249, inclusive, and

6-11  sections 3 to 18, inclusive, of this act, for a person otherwise

6-12  required to obtain a license pursuant to this section if the person

6-13  only has occasional sales of nursery stock to the ultimate

6-14  customer. To obtain a waiver pursuant to this subsection, the

6-15  person must:

6-16      (a) Submit to the Department a completed application for a

6-17  license to engage in the business of a dealer of nursery stock that

6-18  includes sufficient information to demonstrate that the person

6-19  qualifies for a waiver pursuant to this subsection; and

6-20      (b) Submit to the Director a notarized affidavit on a form

6-21  provided by the Department attesting that all information

6-22  furnished in the completed application is true.

6-23  A completed application submitted to the Department pursuant to

6-24  this section need not be accompanied by the fee required by NRS

6-25  555.238. A waiver issued pursuant to this subsection may be

6-26  revoked at any time and must be renewed annually.

6-27      3.  Persons, state agencies or political subdivisions exempt from

6-28  the licensing requirements:

6-29      (a) Shall conduct their businesses in accordance with pest

6-30  regulations and grades and standards for nursery stock as established

6-31  by the Director.

6-32      (b) Shall register annually, on or before July 1, with the

6-33  Department, the location, size and type of nursery stock being sold

6-34  or produced.

6-35      4.  As used in this section, “occasional sales” means sales of

6-36  nursery stock in a gross annual amount that is less than $1,000.

6-37      Sec. 23.  NRS 555.237 is hereby amended to read as follows:

6-38      555.237  1.  Any person applying for a license [shall] must do

6-39  so on the application form and in the manner prescribed by the

6-40  Director.

6-41      2.  [The] Except as otherwise provided in NRS 555.236, an

6-42  application for a license must be accompanied by the [nursery

6-43  license fee required by] fee established pursuant to NRS 555.238

6-44  and by evidence of the good faith and character of the applicant.

7-1  3.  A license is not transferable. If a licensee changes its

7-2  business name or the ownership of the licensee changes, the

7-3  licensee must obtain a new license. A licensee shall not engage in

7-4  the business of a dealer of nursery stock until a new license is

7-5  issued.

7-6  4.  A licensee shall prominently display his license at his

7-7  business location.

7-8  Sec. 24.  NRS 555.238 is hereby amended to read as follows:

7-9  555.238  [1.] The State Board of Agriculture may establish by

7-10  regulation [a minimum annual fee for each nursery license, to which

7-11  must be added an amount established by regulation of the Board for

7-12  each:

7-13      (a) Additional nursery of a licensee who has paid the minimum

7-14  nursery license fee.

7-15      (b) Acre of nursery stock in production or portion thereof after

7-16  the first acre.

7-17      (c) Agent acting on behalf of a licensed nursery established in

7-18  this state and operating outside of the county in which the nursery is

7-19  located.

7-20      (d) Peddler.

7-21      2.  As used in this section:

7-22      (a) “Agent” means any person who:

7-23          (1) Acts upon the authority of another person possessing a

7-24  nursery license in this state: and

7-25          (2) Solicits for the sale of nursery stock.

7-26      (b) “Peddler” means any person who sells, solicits or offers for

7-27  sale nursery stock to a customer and who does not have a nursery in

7-28  this state. The term does not include nurserymen licensed by another

7-29  state who wholesale nursery stock to retail nurserymen in this state

7-30  or sell nursery stock directly to the public by catalog.] a schedule of

7-31  annual fees for licenses.

7-32      Sec. 25.  NRS 555.239 is hereby amended to read as follows:

7-33      555.239  1.  [Every licensee shall] Except as otherwise

7-34  provided in this section and NRS 555.237, a license expires on

7-35  June 30 of each year. A licensee must apply for the renewal of his

7-36  nursery license annually on or before July 1. It is unlawful to

7-37  conduct business without a current license.

7-38      2.  The fee for the renewal of a license is ascertained in [the

7-39  same manner as provided in] accordance with the schedule of fees

7-40  established pursuant to NRS 555.238.

7-41      3.  Any license may be renewed after July [15] 1 upon payment

7-42  of a penalty [of $10.

7-43      4.  Any person who has been previously licensed to sell nursery

7-44  stock and whose right to sell nursery stock has been forfeited by

7-45  failure to renew his license is exempt from the penalty fee if his

8-1  application to renew his license is accompanied by a signed

8-2  statement that he has not sold any nursery stock during any part of

8-3  the fiscal year for which he applies for renewal of his license.] fee

8-4  established by regulation of the State Board of Agriculture. Such a

8-5  penalty fee must not exceed $200.

8-6  Sec. 26.  NRS 555.241 is hereby amended to read as follows:

8-7  555.241  The Director may refuse to issue or renew, or may

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

8-9  of NRS 555.235 to 555.249, inclusive, and sections 3 to 18,

8-10  inclusive, of this act, or any rule or regulation adopted under NRS

8-11  555.243, but no license may be refused, suspended or revoked

8-12  pursuant to this section until the applicant or licensee has been

8-13  given the opportunity to appear at a hearing. Offenders must be

8-14  given 15 days’ notice in writing. The notice must indicate the

8-15  offense and the place of hearing.

8-16      Sec. 27.  NRS 555.244 is hereby amended to read as follows:

8-17      555.244  1.  The Director or any inspecting officer may enter

8-18  any [nursery during reasonable] business during regular business

8-19  hours to ascertain[:

8-20      1.  The pest conditions of nursery stock on growing grounds.

8-21      2.  The condition of nursery stock offered for sale.] compliance

8-22  with NRS 555.235 to 555.249, inclusive, and sections 3 to 18,

8-23  inclusive, of this act, and any regulations adopted pursuant

8-24  thereto.

8-25      2.  Invoices and applicable inspection certificates, quarantine

8-26  certificates and phytosanitary certificates must be made available

8-27  to the Director or inspecting officer upon request.

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

8-29      555.246  1.  [All] Except as otherwise provided in this

8-30  section, nursery stock that is shipped from other states to points

8-31  within this state and all nursery stock shipped intrastate must [bear

8-32  on the outside of each container in which the nursery stock was

8-33  packed for shipment a phytosanitary certificate or] be accompanied

8-34  by an inspection certificate which:

8-35      (a) Is dated within a reasonable time before shipment[, which

8-36  must:

8-37      (a) If it is a phytosanitary certificate, certify that the nursery

8-38  stock has been inspected and found free from dangerously injurious

8-39  plant pests and quarantine pests or has been treated in the manner

8-40  set forth in the rules and regulations prescribed by an applicable

8-41  quarantine issued pursuant to chapter 554 of NRS;

8-42      (b) If it is an inspection certificate, certify that the nursery from

8-43  which the nursery stock was shipped] ;

8-44      (b) Is issued by an authorized state plant regulatory officer;

8-45  and

9-1  (c) Affirms, declares or verifies that the nursery stock, nursery

9-2  or premises from which the nursery stock originated has been

9-3  inspected and found free of dangerously injurious plant pests [and is

9-4  commercially clean of common pests; and

9-5  (c) Bear the signature of an officer authorized to inspect nursery

9-6  stock.

9-7  2.  No] , pests and disease symptoms.

9-8  2.  Except as otherwise provided in this section, nursery stock

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

9-10  nursery stock that is shipped intrastate, for which a quarantine

9-11  has been issued pursuant to chapter 554 of NRS or to which a

9-12  federal quarantine applies, must be accompanied by a

9-13  phytosanitary certificate.

9-14      3.  Except as otherwise provided in this section, a corporation,

9-15  company or natural person engaged in the transportation of freight

9-16  or express [may] shall not make delivery of any nursery stock in

9-17  this state without [a] the inspection certificate or phytosanitary

9-18  certificate [or an inspection certificate.

9-19      3.  As used in this section:

9-20      (a) “Dangerously injurious plant pest” means a plant pest that

9-21  constitutes a significant threat to the public, the nursery,

9-22  agricultural, forestry or horticultural industry in this state or the

9-23  general environmental quality of this state.

9-24      (b) “Phytosanitary certificate” means a certificate from the state

9-25  of origin of nursery stock that was shipped to this state which

9-26  verifies that an officer authorized to inspect nursery stock in the

9-27  state of origin has inspected the nursery stock and determined that it

9-28  meets the requirements set forth in paragraph (a) of subsection 1.

9-29      (c) “Quarantine pest” means a pest listed by the State

9-30  Quarantine Officer in a quarantine issued pursuant to chapter 554 of

9-31  NRS.] , as appropriate, required by subsections 1 and 2.

9-32      4.  A shipment of nursery stock which is in the possession of

9-33  an in-state dealer of nursery stock licensed with the Department

9-34  and which is being delivered to an in-state customer need not be

9-35  accompanied by the inspection certificate or phytosanitary

9-36  certificate, as appropriate, required by subsections 1 and 2, except

9-37  that the dealer of nursery stock must provide such documents to

9-38  the Department upon request.

9-39      Sec. 29.  NRS 555.247 is hereby amended to read as follows:

9-40      555.247  1.  All nursery stock shipped from other states to

9-41  points within this state and all nursery stock shipped intrastate must

9-42  bear a label on or attached to:

9-43      (a) The outside of the container in which the nursery stock was

9-44  packed for shipment that indicates the name and address of the

9-45  consignee and consignor and contains a statement describing plainly

10-1  and legibly the correct botanical or commonly accepted name, or

10-2  both, for each kind of nursery stock in the container.

10-3      (b) Each individual piece of one kind and variety of nursery

10-4  stock , or subcontainer or lot containing one kind and variety of

10-5  nursery stock in each container, that contains a legible statement of

10-6  the correct botanical or commonly accepted name, or both, of the

10-7  nursery stock.

10-8      2.  [Bulk] Except as otherwise provided in subsection 4 of

10-9  NRS 555.246, bulk shipments of nursery stock not packed in

10-10  containers must:

10-11     (a) Be accompanied by [one of the certificates] the appropriate

10-12  certificate required pursuant to NRS 555.246.

10-13     (b) Be accompanied by a manifest which must:

10-14         (1) State the name and address of the consignor and

10-15  consignee; and

10-16         (2) List and describe plainly and legibly the correct botanical

10-17  or commonly accepted name, or both, for each kind of nursery stock

10-18  in the bulk shipment.

10-19     (c) Be labeled in accordance with the requirements of

10-20  subsection 1.

10-21     Sec. 30.  NRS 555.2485 is hereby amended to read as follows:

10-22     555.2485  1.  The Director shall adopt regulations specifying a

10-23  schedule of administrative fines which may be imposed, upon notice

10-24  and a hearing, for each violation of the provisions of NRS 555.235

10-25  to 555.249, inclusive, and sections 3 to 18, inclusive, of this act, or

10-26  the regulations adopted pursuant thereto. The maximum fine that the

10-27  Director may impose for each violation may not exceed:

10-28     (a) For the first violation, $250;

10-29     (b) For the second violation, $500; and

10-30     (c) For each subsequent violation, $1,000.

10-31  All fines collected by the Director pursuant to this section must be

10-32  deposited with the State Treasurer for credit to the State General

10-33  Fund.

10-34     2.  The Director may:

10-35     (a) In addition to imposing an administrative fine pursuant to

10-36  this section, issue an order requiring a violator to take appropriate

10-37  action to correct the violation . [; or] The violator shall pay the cost

10-38  of any appropriate action so ordered.

10-39     (b) Request the district attorney of the appropriate county to

10-40  investigate or file a criminal complaint against any person who the

10-41  Director suspects may have committed flagrant or repeated

10-42  violations of any provision of NRS 555.235 to 555.249, inclusive[.]

10-43  , and sections 3 to 18, inclusive, of this act.

 

 

11-1      Sec. 31.  NRS 555.249 is hereby amended to read as follows:

11-2      555.249  Any person violating the provisions of NRS 555.235

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

11-4  the regulations adopted pursuant thereto is guilty of a misdemeanor

11-5  and shall be punished by imprisonment in the county jail for not

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

11-7  both fine and imprisonment. The prosecuting attorney and the

11-8  Department may recover the costs of the proceeding, including

11-9  investigative costs and attorney’s fees, against a person convicted of

11-10  a misdemeanor pursuant to this section.

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

11-12     555.2605  As used in NRS 555.2605 to 555.460, inclusive, and

11-13  section 2 of this act, unless the context otherwise requires, the

11-14  words and terms defined in NRS 555.261 to 555.2695, inclusive,

11-15  have the meanings ascribed to them in those sections.

11-16     Sec. 33.  NRS 555.270 is hereby amended to read as follows:

11-17     555.270  It is the policy of this state and the purpose of NRS

11-18  555.2605 to 555.460, inclusive, and section 2 of this act, to

11-19  regulate, in the public interest, the application of pesticides which,

11-20  although valuable for the control of pests, may seriously injure man,

11-21  animals and crops over wide areas if not properly applied.

11-22     Sec. 34.  NRS 555.277 is hereby amended to read as follows:

11-23     555.277  1.  The provisions of NRS 555.2605 to 555.460,

11-24  inclusive, and section 2 of this act, relating to licenses and

11-25  requirements for their issuance, except a certificate or permit to use

11-26  a restricted-use pesticide, do not apply to any farmer-owner of

11-27  ground equipment applying pesticides for himself or his neighbors,

11-28  if:

11-29     (a) He operates farm property and operates and maintains

11-30  equipment for applying pesticides primarily for his own use.

11-31     (b) He is not regularly engaged in the business of applying

11-32  pesticides for hire as a principal or regular occupation, and he does

11-33  not publicly hold himself out as a pesticide applicator.

11-34     (c) He operates his equipment for applying pesticides only in the

11-35  vicinity of his own property and for the accommodation of his

11-36  neighbors for agricultural purposes only.

11-37     2.  The provisions of NRS 555.2605 to 555.460, inclusive, and

11-38  section 2 of this act, except those provisions relating to a certificate

11-39  or permit to use a restricted-use pesticide, do not apply to any

11-40  person using hand-powered equipment, devices or contrivances to

11-41  apply pesticides to lawns or to ornamental shrubs and trees as an

11-42  incidental part of his business of taking care of lawns and yards for

11-43  remuneration, if that person does not publicly hold himself out as

11-44  being in the business of applying pesticides[.] and the cost of

12-1  applying the pesticides does not exceed 20 percent of the total

12-2  remuneration received.

12-3      Sec. 35.  NRS 555.320 is hereby amended to read as follows:

12-4      555.320  1.  If the Director finds the applicant qualified, and

12-5  upon the applicant’s appointing the Director agent for service of

12-6  process and finding that the applicant has satisfied the requirements

12-7  of NRS 555.325 and 555.330, the Director shall issue a license to

12-8  perform pest control within this state.

12-9      2.  The license period is the calendar year. All licenses expire

12-10  on December 31 of each year. The license may be renewed annually

12-11  upon application to the Director and payment of the license fee on

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

12-13  the license is a natural person, he must submit with his application

12-14  for renewal the statement required pursuant to NRS 555.325.

12-15     3.  [A penalty fee of $5 must be charged for failure to pay the

12-16  renewal fee when due unless the application for renewal is

12-17  accompanied by a written statement signed by the applicant that he

12-18  has not made any application of pesticides from the time of

12-19  expiration of his prior license until the time of application for

12-20  renewal.

12-21     4.] The license may restrict the licensee to the use of a certain

12-22  type or types of equipment or materials if the Director finds that the

12-23  applicant is qualified to use only a certain type or types.

12-24     [5.] 4. If a license is not issued as applied for, the Director shall

12-25  inform the applicant in writing of the reasons therefor.

12-26     Sec. 36.  NRS 555.350 is hereby amended to read as follows:

12-27     555.350  1.  The Director may suspend, pending inquiry, for

12-28  not longer than 10 days, and, after opportunity for a hearing, may

12-29  revoke, suspend or modify any license issued under NRS 555.2605

12-30  to 555.460, inclusive, and section 2 of this act, if he finds that:

12-31     (a) The licensee is no longer qualified;

12-32     (b) The licensee has engaged in fraudulent business practices in

12-33  pest control;

12-34     (c) The licensee has made false or fraudulent claims through any

12-35  media by misrepresenting the effect of materials or methods to be

12-36  used;

12-37     (d) The licensee has applied known ineffective or improper

12-38  materials;

12-39     (e) The licensee operated faulty or unsafe equipment;

12-40     (f) The licensee has made any application in a faulty, careless or

12-41  negligent manner;

12-42     (g) The licensee has violated any of the provisions of NRS

12-43  555.2605 to 555.460, inclusive, and section 2 of this act, or

12-44  regulations adopted pursuant thereto;

13-1      (h) The licensee engaged in the business of pest control without

13-2  having a licensed applicator or operator in direct on-the-job

13-3  supervision;

13-4      (i) The licensee aided or abetted a licensed or an unlicensed

13-5  person to evade the provisions of NRS 555.2605 to 555.460,

13-6  inclusive, and section 2 of this act combined or conspired with such

13-7  a licensee or an unlicensed person to evade the provisions, or

13-8  allowed one’s license to be used by an unlicensed person;

13-9      (j) The licensee was intentionally guilty of fraud or deception in

13-10  the procurement of his license; or

13-11     (k) The licensee was intentionally guilty of fraud or deception in

13-12  the issuance of an inspection report on wood-destroying pests or

13-13  other report required by regulation.

13-14     2.  A license is suspended automatically, without action of the

13-15  Director, if the proof of public liability and property damage or drift

13-16  insurance filed pursuant to NRS 555.330, is canceled, and the

13-17  license remains suspended until the insurance is reestablished.

13-18     Sec. 37.  NRS 555.460 is hereby amended to read as follows:

13-19     555.460  Any person violating the provisions of NRS 555.2605

13-20  to 555.420, inclusive, or section 2 of this act, or the regulations

13-21  adopted pursuant thereto, is guilty of a misdemeanor and, in

13-22  addition to any criminal penalty, shall pay to the Department an

13-23  administrative fine of not more than $5,000 per violation. If an

13-24  administrative fine is imposed pursuant to this section, the costs of

13-25  the proceeding, including investigative costs and attorney’s fees,

13-26  may be recovered by the Department.

13-27     Sec. 38.  NRS 555.470 is hereby amended to read as follows:

13-28     555.470  1.  The Director shall adopt regulations specifying a

13-29  schedule of fines which may be imposed, upon notice and a hearing,

13-30  for each violation of the provisions of NRS 555.2605 to 555.460,

13-31  inclusive[.] , or section 2 of this act. The maximum fine that may

13-32  be imposed by the Director for each violation must not exceed

13-33  $5,000 per day. All fines collected by the Director pursuant to this

13-34  subsection must be remitted to the county treasurer of the county in

13-35  which the violation occurred for credit to the county school district

13-36  fund.

13-37     2.  The Director may:

13-38     (a) In addition to imposing a fine pursuant to subsection 1, issue

13-39  an order requiring a violator to take appropriate action to correct the

13-40  violation; or

13-41     (b) Request the district attorney of the appropriate county to

13-42  investigate or file a criminal complaint against any person that the

13-43  State Board of Agriculture suspects may have violated any provision

13-44  of NRS 555.2605 to 555.460, inclusive[.] , or section 2 of this act.

 

14-1      Sec. 39.  NRS 561.375 is hereby amended to read as follows:

14-2      561.375  1.  The [Noxious Weed and Insect Pest Control]

14-3  Program for the Control of Pests and Plant Diseases is hereby

14-4  established.

14-5      2.  Money accepted by the Department under the provisions of

14-6  NRS 555.010 to 555.460, inclusive, and sections 2 to 18, inclusive,

14-7  of this act, from the Federal Government or any federal department

14-8  or agency, a county, a city, a public district or any political

14-9  subdivision of this state, a public or private corporation, or a natural

14-10  person, may be used in the [Noxious Weed and Insect Pest Control

14-11  Program.] Program for the Control of Pests and Plant Diseases.

14-12     3.  Expenditures for the [Noxious Weed and Insect Pest

14-13  Control] Program for the Control of Pests and Plant Diseases may

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

14-15  555 of NRS.

14-16     Sec. 40.  This act becomes effective on July 1, 2003.

 

14-17  H