[Rev. 2/11/2015 11:27:33
AM--2014R2]
CHAPTER 555 - CONTROL OF INSECTS, PESTS AND
NOXIOUS WEEDS
GENERAL PROVISIONS
NRS 555.005 Definitions.
NRS 555.010 Director:
Authorization to investigate and control pests, plant diseases and disorders,
and noxious weeds.
NRS 555.021 Director:
Cooperation for suppression of vertebrate pests.
NRS 555.035 Account
for the Control of Weeds; creation; use of money in Account; acceptance of
gifts and grants.
NRS 555.100 Department
to conduct inspections; notice to control, treat or eradicate pest or plant
disease.
NRS 555.110 Premises
infested with pest or plant disease declared to be public nuisance; abatement
by Department.
NRS 555.120 Expenses
for abatement of nuisance become lien against property; notice of lien; action
to foreclose lien; sales.
NRS 555.125 Regulation
of host plants in infested areas: Hearing; order; enforcement; penalty.
INSPECTION AND DESTRUCTION OF NOXIOUS WEEDS
NRS 555.130 Designation
of noxious weeds.
NRS 555.140 General
powers and duties of State Quarantine Officer; use of funds received for
purpose of control or eradication of noxious weeds.
NRS 555.150 Eradication
of noxious weeds by owner or occupant of land.
NRS 555.160 State
Quarantine Officer to investigate noxious weeds; notice to owner or occupant of
land where noxious weeds are found.
NRS 555.170 Neglect
of owner or occupant to eradicate weeds after notice; action by county
commissioners; payment of costs by county.
NRS 555.180 County
treasurer to mail itemized statement of costs to owner or occupant; objections
and hearing; costs constitute lien on land.
NRS 555.190 Incorporated
city to pay county for any expense incurred by county to eradicate noxious
weeds within city.
NRS 555.200 Removal
of noxious weeds from public domain; reimbursement by Federal Government.
NRS 555.201 Penalty.
WEED CONTROL DISTRICTS
NRS 555.202 Legislative
declaration.
NRS 555.203 Creation
of district: Initiation by board of county commissioners or petition; hearing;
exclusion of land; addition of power to control and eradicate noxious weeds.
NRS 555.205 Board
of directors: Number; qualifications; appointment; terms; vacancies.
NRS 555.207 Board
of directors: Powers.
NRS 555.208 Review
of action of board of county commissioners or board of directors by State Board
of Agriculture; notice and hearing; judicial review.
NRS 555.209 Regulations.
NRS 555.210 Performance
of necessary work by weed control officer on failure by landowner; charges as
lien.
NRS 555.215 Assessments
of real property in district; medium-term obligations; reconsideration of
assessment after creation of district.
NRS 555.217 Change
of boundaries: Petition; notice and hearing; resolution; ratification by board
of county commissioners.
NRS 555.220 Penalty.
REGULATION OF DEALERS OF NURSERY STOCK
NRS 555.235 Definitions.
NRS 555.23515 “Broker”
defined.
NRS 555.23523 “Dangerously
injurious plant pest” defined.
NRS 555.23525 “Dealer
of nursery stock” defined.
NRS 555.23537 “Hold”
defined.
NRS 555.2354 “Infested”
defined.
NRS 555.23542 “Inspecting
officer” defined.
NRS 555.23544 “Inspection
certificate” defined.
NRS 555.2355 “License”
defined.
NRS 555.23551 “Licensee”
defined.
NRS 555.2356 “Nursery”
defined.
NRS 555.23562 “Nursery
stock” defined.
NRS 555.2357 “Peddler”
defined.
NRS 555.23572 “Pest”
defined.
NRS 555.23575 “Phytosanitary
certificate” defined.
NRS 555.23577 “Quarantine
pest” defined.
NRS 555.2358 “Sell”
defined.
NRS 555.236 License
required to produce, hold, distribute, collect or sell nursery stock;
exceptions; waivers.
NRS 555.237 Application
for license; transfer of license prohibited; display of license.
NRS 555.238 Schedule
of annual fees for licenses.
NRS 555.239 Renewal
of license; fee.
NRS 555.241 Revocation
or suspension of or refusal to issue or renew license; notice and hearing.
NRS 555.242 Terminal
inspection of nursery stock.
NRS 555.243 Regulations;
standards.
NRS 555.244 Inspection
of businesses, invoices and applicable certificates.
NRS 555.245 Certification
of pest conditions or quality of nursery stock for shipment; fees.
NRS 555.246 Certificates
required for shipments of nursery stock; carrier prohibited from delivering
nursery stock without appropriate certificate; exemption.
NRS 555.247 Labeling
of containers of nursery stock; bulk shipments.
NRS 555.248 Infected
or infested nursery stock: Shipment from State; destruction; treatment.
NRS 555.2485 Enforcement
by Director: Administrative fine; order to correct violation; request for
action by district attorney; regulations.
NRS 555.249 Penalties.
CUSTOM APPLICATION OF PESTICIDES
NRS 555.2605 Definitions.
NRS 555.261 “Agent”
defined.
NRS 555.2615 “Aircraft”
defined.
NRS 555.2617 “Certificate”
defined.
NRS 555.2618 “Certified
applicator” defined.
NRS 555.2619 “Commercial
applicator” defined.
NRS 555.2625 “Defoliant”
defined.
NRS 555.263 “Desiccant”
defined.
NRS 555.2634 “Environment”
defined.
NRS 555.264 “Fungi”
defined.
NRS 555.2645 “Ground
equipment” defined.
NRS 555.265 “Insect”
defined.
NRS 555.2655 “Nematode”
defined.
NRS 555.266 “Person”
defined.
NRS 555.2665 “Pest”
defined.
NRS 555.2667 “Pest
control” defined.
NRS 555.267 “Pesticide”
defined.
NRS 555.2675 “Plant
regulator” defined.
NRS 555.2677 “Primary
principal” defined.
NRS 555.2679 “Principal”
defined.
NRS 555.2681 “Private
applicator” defined.
NRS 555.2683 “Restricted-use
pesticide” defined.
NRS 555.2685 “Snails
or slugs” defined.
NRS 555.2687 “Supervision”
defined.
NRS 555.269 “Weed”
defined.
NRS 555.2695 “Wildlife”
defined.
NRS 555.270 Policy
of this State; purpose of provisions.
NRS 555.273 Provisions
concerning restricted-use pesticides applicable to governmental agencies and
public utilities.
NRS 555.277 Exemption
of farmer-owners and gardeners.
NRS 555.280 License
required to engage in pest control.
NRS 555.285 License
required to engage in activities concerning control of wood-destroying pests or
organisms.
NRS 555.290 Application
for license. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 555.290 Application
for license. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 555.300 Examination
and qualifications of applicant.
NRS 555.310 Fees
established by regulation.
NRS 555.320 Issuance,
expiration and renewal of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 555.320 Issuance,
expiration and renewal of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 555.322 Renewal
of license: Application to include information relating to state business
license; denial of renewal for unpaid debt assigned to State Controller for
collection.
NRS 555.325 Application
for license: Statement by applicant concerning payment of child support;
grounds for denial; duty of Director. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 555.330 Proof
of insurance required of applicant for license; actions by injured persons;
limitation of actions; investigations by Director.
NRS 555.345 Refusal
to issue license to perform pest control; submission of fingerprints.
NRS 555.350 Suspension,
revocation or modification of license.
NRS 555.3505 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 555.3507 Primary
principal required for licensee’s business.
NRS 555.351 Restricted-use
pesticides: Certificate and permits required for use.
NRS 555.353 Restricted-use
pesticides: Application for certificate.
NRS 555.355 Restricted-use
pesticides: Qualifications and examination of applicant for certificate; fees
established by regulation.
NRS 555.357 Restricted-use
pesticides: Issuance, expiration and renewal of certificates; regulations
concerning renewal.
NRS 555.359 Restricted-use
pesticides: Denial, suspension, revocation or modification of certificate.
NRS 555.360 Judicial
review of action of Director.
NRS 555.370 Inspection
of equipment; repairs.
NRS 555.380 Regulations
of Director: Materials and methods for application.
NRS 555.390 Regulations
of Director: Records and reports of licensees and certified applicators.
NRS 555.400 Regulations
of Director: General authority; limitations.
NRS 555.410 Publication
of information regarding injuries from improper application and prevention of
injuries.
NRS 555.420 Authority
of Director and inspectors to enter and inspect public or private premises.
NRS 555.460 Violation
of provisions: Criminal penalty; administrative fine.
NRS 555.470 Enforcement
by Director: Administrative fine; order to correct violation; request for
action by district attorney; regulations.
RODENT CONTROL DISTRICTS
NRS 555.500 Legislative
declaration.
NRS 555.510 Creation
of district: Petition; notice and hearing; exclusion of land.
NRS 555.520 Board
of directors: Number; qualifications; appointment; terms; vacancies.
NRS 555.530 Board
of directors: Powers.
NRS 555.540 Regulations.
NRS 555.550 Submission
of plans by landowners after promulgation of regulations; performance of
necessary work by rodent control officer on failure by landowner; charges as
lien.
NRS 555.560 Assessments;
liens; loans.
NRS 555.570 Penalty.
_________
_________
GENERAL PROVISIONS
NRS 555.005 Definitions. As
used in this chapter, unless the context requires otherwise:
1. “Department” means the State Department
of Agriculture.
2. “Director” means the Director of the Department.
3. “Noxious weed” means any species of
plant which is, or is likely to be, detrimental or destructive and difficult to
control or eradicate.
4. “Vertebrate pest” means any animal of
the subphylum Vertebrata, except predatory animals, which is normally
considered to be a pest, including a gopher, ground squirrel, rat, mouse,
starling, blackbird and any other animal which the Director may declare to be a
pest.
(Added to NRS by 1961, 512; A 1975, 555; 1993, 1709; 1997, 479; 1999, 3640)
NRS 555.010 Director: Authorization to investigate and control pests, plant
diseases and disorders, and noxious weeds. Within
the limits of any appropriation made by law, the Director may:
1. Investigate the prevalence of; and
2. Take the necessary action to control,
Ê vertebrate
and invertebrate pests of plants and animals, plant diseases, physiological
plant disorders and noxious weeds for the protection of the crops, livestock,
public health, wildlife, water quality and beneficial uses of land in the State
of Nevada.
[1:53:1941; 1931 NCL § 373.01] + [1:108:1943] +
[1:179:1945] + [1:217:1947; 1943 NCL § 373.04]—(NRS A 1959, 245; 1961, 521;
1967, 316; 1975, 555; 1993, 1709; 1997, 479; 1999, 3640)
NRS 555.021 Director: Cooperation for suppression of vertebrate pests. The Director may cooperate, financially or
otherwise, with any federal agency or Department, any other state agency or
department, any county, city, public district or political subdivision of this
State, any public or private corporation, and any natural person or group of
natural persons in suppressing vertebrate pests injurious to the state
agricultural interests and in suppressing vertebrate pest vectors of diseases
transmissible and injurious to humans.
(Added to NRS by 1975, 555; A 1993, 1710; 1999, 3640)
NRS 555.035 Account for the Control of Weeds; creation; use of money in
Account; acceptance of gifts and grants.
1. There is hereby created in the State
General Fund the Account for the Control of Weeds to be administered by the
Director. Money in the Account must be used for the abatement of weeds. The
Director may adopt regulations for the administration of the Account.
2. The Account is a continuing account
without reversion to the State General Fund. The money in the Account must be
invested as the money in other state funds or accounts is invested. The
interest and income earned on the money in the Account, after deducting any
appropriate charges, must be credited to the Account. All claims against the
Account must be paid as other claims against the State are paid.
3. The Director may accept gifts, grants
and donations from any source for deposit in the Account.
(Added to NRS by 2005, 2452)
NRS 555.100 Department to conduct inspections; notice to control, treat or
eradicate pest or plant disease.
1. The Department shall, if necessary or
if a complaint is made to the Department, cause an inspection to be conducted
of any premises, land, means of conveyance or article of any person in this
State, and if found infested with any pest or plant disease that is injurious
to:
(a) The public health or quality of any water in
this State; or
(b) Any wildlife, beneficial use of land or agriculture
in this State,
Ê the
Department may provide a written notice of its findings to the owner or
occupant of the premises, land, means of conveyance or article and require the
owner or occupant to control, treat or eradicate the pest or plant disease in
the manner and within the period specified in the notice.
2. A notice issued pursuant to the
provisions of subsection 1:
(a) May be served upon the owner or occupant by
an officer or employee of the Department; and
(b) Must be served in writing, by certified mail
or personally, with receipt given therefor.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A
1961, 522; 1993,
1710; 1999,
3640; 2001,
699; 2003,
533)
NRS 555.110 Premises infested with pest or plant disease declared to be
public nuisance; abatement by Department.
1. Any premises found to be infested with
any pest or plant disease is hereby adjudged and declared to be a public
nuisance. If such a nuisance exists at any place within the jurisdiction of the
Department and the owner or occupant of the premises, after notification,
refuses or neglects to abate the nuisance within the period specified, the
Department shall cause the nuisance to be abated at once by eradicating or
controlling pests or plant diseases in a manner to be determined by the
Department.
2. The expense thereof must be paid from
any money made available to the Department by direct legislative appropriation
or otherwise.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A
1961, 522; 1993,
1710; 1999,
3641; 2003,
534)
NRS 555.120 Expenses for abatement of nuisance become lien against property;
notice of lien; action to foreclose lien; sales.
1. All sums paid by the Department
constitute a lien on the property and premises from which the nuisance has been
removed or abated pursuant to NRS 555.100 and 555.110, and may be recovered by an action against
that property and premises.
2. A notice of lien must be filed and
recorded in the office of the county recorder of the county in which the
property and premises are situated within 30 days after the right to liens has
accrued.
3. An action to foreclose a lien may be
commenced at any time within 1 year after the filing and recording of the
notice of lien, which action must be brought in the proper court by the
district attorney of the county in the name and for the benefit of the
Department.
4. If the property is sold, enough of the
proceeds must be paid to the Department to satisfy the lien and costs, and the
overplus, if any, must be paid to the owner of the property if the owner is
known, and if not, into the Court for the owner’s use when ascertained. All
sales under the provisions of this section and NRS
555.100 and 555.110 must be made in the same
manner and upon the same notice as sales of real property under execution from
a Justice Court.
[Part 1:56:1917; 1919 RL p. 2628; NCL § 449]—(NRS A
1961, 523; 1993,
1710; 1999,
3641)
NRS 555.125 Regulation of host plants in infested areas: Hearing; order;
enforcement; penalty.
1. If it appears that an area has or is
likely to become infested with a pest which cannot be practically eradicated or
controlled except by the means provided in this section, the Department shall
hold a public hearing to determine the necessity of declaring a time during
which or an area in which plants capable of acting as hosts for the pest may
not be planted, grown, cultivated, maintained or allowed to exist.
2. Notice of the hearing must be given to
all growers of the host plants within the area and must specify:
(a) The time and place of the hearing.
(b) The host plant.
(c) The pest.
(d) The purpose of the hearing.
3. If, after the hearing, the Department
determines that the pest cannot otherwise be practically eradicated or
controlled, the Department shall issue an order prescribing a time during which
or an area in which the host plants may not be planted, grown, cultivated,
maintained or allowed to exist, and requiring owners or occupiers of property
upon which the host plants exist to eradicate the plants.
4. If the owner or occupant neglects or
refuses to eradicate the plants, the Department may do so in the manner
prescribed by NRS 555.110.
5. Any person violating such an order is
guilty of a misdemeanor.
(Added to NRS by 1967, 418; A 1993, 1711; 1999, 3641)
INSPECTION AND DESTRUCTION OF NOXIOUS WEEDS
NRS 555.130 Designation of noxious weeds. The
State Quarantine Officer may declare by regulation the weeds of the state that
are noxious weeds, but a weed must not be designated as noxious which is
already introduced and established in the State to such an extent as to make
its control or eradication impracticable in the judgment of the State
Quarantine Officer.
[Part 1:174:1929; NCL § 414]—(NRS A 1997, 479)
NRS 555.140 General powers and duties of State Quarantine Officer; use of
funds received for purpose of control or eradication of noxious weeds.
1. The State Quarantine Officer shall
carry out and enforce the provisions of NRS 555.130
to 555.220, inclusive.
2. To secure information better to carry
out the provisions of NRS 555.130 to 555.220, inclusive, the State Quarantine Officer may
conduct reasonably limited trials of various methods of controlling or
eradicating noxious or potentially noxious weeds under practical Nevada
conditions.
3. The State Quarantine Officer may
provide supervision and technical advice in connection with any project
approved by him or her for the control or eradication of any noxious weed or
weeds in this State.
4. All funds appropriated for, or received
incident to, the control or eradication of any noxious weeds must be available
for carrying out the provisions of NRS 555.130 to 555.220, inclusive.
[2:174:1929; A 1941, 377; 1931 NCL § 415]—(NRS A
1961, 523; 1997,
479)
NRS 555.150 Eradication of noxious weeds by owner or occupant of land. Every railroad, canal, ditch or water company,
and every person owning, controlling or occupying lands in this State, and
every county, incorporated city or district having the supervision and control
over streets, alleys, lanes, rights-of-way, or other lands, shall cut, destroy
or eradicate all weeds declared and designated as noxious as provided in NRS 555.130, before such weeds propagate and spread,
and whenever required by the State Quarantine Officer.
[Part 1:174:1929; NCL § 414]—(NRS A 1961, 524; 1987, 1728; 1997, 480)
NRS 555.160 State Quarantine Officer to investigate noxious weeds; notice to
owner or occupant of land where noxious weeds are found.
1. The State Quarantine Officer shall make
or cause to be made a careful examination and investigation of the spread,
development and growth of noxious weeds in this State. Upon the discovery of
those weeds, the State Quarantine Officer shall ascertain the name of the owner
or occupant of the land and the description of the land where the weeds are
found. The State Quarantine Officer may serve notice in writing upon the owner
or occupant of the land to cut, eradicate or destroy the weeds within such time
and in such manner as designated and described in the notice. One such notice
shall be deemed sufficient for the entire season of weed growth during that
year.
2. Notices may be served upon the owner or
occupant by an officer or employee of the Department, and must be served in
writing, personally or by certified mail, with receipt given therefor.
[3:174:1929; NCL § 416]—(NRS A 1961, 524; 1993, 1711; 1997, 480; 1999, 3642)
NRS 555.170 Neglect of owner or occupant to eradicate weeds after notice;
action by county commissioners; payment of costs by county.
1. If any owner or occupant of the lands
described in the notice served, as provided in NRS
555.160, shall fail, neglect or refuse to cut, destroy or eradicate the
weeds designated, upon the land described, in accordance with the requirements
of the notice, the State Quarantine Officer may notify the board of county
commissioners of the county or counties in which the land is located of such
failure, neglect or refusal.
2. Upon notice as provided in subsection
1, the board of county commissioners concerned shall proceed to have cut,
destroyed or eradicated the weeds in question in accordance with the
requirements of the notice served upon the owner or occupant of the land in
question, paying for such cutting, destruction or eradication out of county
funds.
3. Upon the completion of such work of
cutting, destruction or eradication of such weeds, the board of county
commissioners shall prepare in triplicate itemized statements of all expenses
incurred in the cutting, destruction or eradication of the weeds involved, and
shall deliver the three copies of the statements to the county treasurer within
10 days of the date of the completion of the work involved.
[4:174:1929; NCL § 417]—(NRS A 1961, 524)
NRS 555.180 County treasurer to mail itemized statement of costs to owner or
occupant; objections and hearing; costs constitute lien on land.
1. Upon receipt of the itemized statements
of the cost of cutting, destroying or eradication of such weeds, the county
treasurer shall forthwith mail one copy to the owner or occupant of the land on
which the weeds were cut, destroyed or eradicated, together with a statement
that objections may be made to the whole or any part of the statement so filed
to the board of county commissioners within 30 days. A hearing may be had upon
any objections made.
2. If any objections to any statement are
filed with the board of county commissioners, the board shall set a date for a
hearing, giving due notice thereof, and upon the hearing fix and determine the
actual cost of cutting, destroying or eradicating the weeds and report its
findings to the county treasurer.
3. If no objections to the items of the
accounts so filed are made within 30 days of the date of mailing the itemized
statement, the county treasurer shall enter the amount of such statement upon
his or her tax roll in a column prepared for that purpose; and within 10 days
from the date of the action of the board of county commissioners upon
objections filed, the county treasurer shall enter the amount found by the
board of county commissioners as the actual cost of cutting, destroying or
eradicating the weeds in the prepared column upon the tax roll.
4. If current tax notices have been
mailed, the costs may be carried over on the rolls to the year following. The
costs incurred shall be a lien upon the land from which the weeds were cut,
destroyed or eradicated, and shall be collected as provided by law for the
collection of other liens.
[5:174:1929; NCL § 418]—(NRS A 1961, 525)
NRS 555.190 Incorporated city to pay county for any expense incurred by
county to eradicate noxious weeds within city. Any
expense incurred by any county in the cutting, destroying or eradicating of
noxious weeds from any street, lane, alley or other property owned or
controlled by an incorporated city in that city, in accordance with the
provisions of NRS 555.170, must be repaid to the
county from the general fund of the incorporated city, upon presentation to the
governing body of the incorporated city of an itemized statement of the expense
so incurred.
[6:174:1929; NCL § 419]—(NRS A 1987, 1728; 1997, 480)
NRS 555.200 Removal of noxious weeds from public domain; reimbursement by
Federal Government.
1. Whenever a noxious weed is found
growing upon the public domain or any other lands in this State owned by the
Federal Government, the State Quarantine Officer may serve notice, as provided
in NRS 555.160, upon the person within the county
or this State who is in charge of the activities of the federal agency having
control or jurisdiction of the land.
2. If the agency described in the notice
fails or refuses to comply with the notice, the State Quarantine Officer may
provide for the cutting, destruction or eradication of the weeds in any manner
permitted by federal law. The State Quarantine Officer or the political
subdivision shall seek reimbursement from the Federal Government for any
expense incurred by the State or the political subdivision pursuant to this
section.
[7:174:1929; NCL § 420]—(NRS A 1961, 525; 1979, 292; 1997, 480)
NRS 555.201 Penalty. Any person
violating any of the provisions of NRS 555.130 to 555.200, inclusive, or failing, refusing or neglecting
to perform or observe any conditions or regulations prescribed by the State
Quarantine Officer, in accordance with the provisions of NRS
555.130 to 555.200, inclusive, is guilty of a
misdemeanor.
[Part 9:174:1929; NCL § 422]—(NRS A 1969, 518)
WEED CONTROL DISTRICTS
NRS 555.202 Legislative declaration. The
Legislature declares that it is primarily the responsibility of each owner or
occupier of land in this State to control weeds on his or her own land, but
finds that in certain areas this responsibility can best be discharged through
control by organized districts.
(Added to NRS by 1969, 516)
NRS 555.203 Creation of district: Initiation by board of county
commissioners or petition; hearing; exclusion of land; addition of power to
control and eradicate noxious weeds.
1. The board of county commissioners of
any county may, in accordance with chapter 308
of NRS, create one or more weed control districts in that portion of the county
which lies outside any incorporated city. Creation of such a district may be
initiated by the board of county commissioners or by a petition which:
(a) Designates the area to be included in the
weed control district, either as the entire unincorporated area of the county
or by sections or parts of sections with appropriate township and range
references; and
(b) Is signed by an owner of land within the
proposed weed control district.
2. Lands proposed for inclusion in a weed
control district need not be contiguous.
3. Before creating a weed control
district, the board of county commissioners shall:
(a) Hold at least one public hearing pursuant to NRS 308.070. At this hearing, the board of
county commissioners shall entertain applications for the exclusion of lands,
designated by sections or parts of sections as prescribed in subsection 1, from
the proposed district, if any such application is made. The board of county
commissioners shall exclude any such lands as to which it is shown to their
satisfaction that any weeds which exist on that land do not render
substantially more difficult the control of weeds on other lands in the
proposed district.
(b) Provide for the hearing of protests against
the establishment of the district in the manner set forth in NRS 318.065 and 318.070.
4. The board of trustees of a general
improvement district may, in accordance with NRS
318.077, add to the basic powers of the district the control and
eradication of noxious weeds.
(Added to NRS by 1969, 516; A 1981, 1641; 1987, 1728; 1997, 481)
NRS 555.205 Board of directors: Number; qualifications; appointment; terms;
vacancies.
1. The board of county commissioners of
any county in which a weed control district has been created shall appoint a
board of directors of the district composed of three or five persons who:
(a) Are landowners in the district, whether or
not they signed the petition for its creation. For the purpose of this
paragraph, if any corporation or partnership owns land in the district, a
partner or a director, officer or beneficial owner of 10 percent or more of the
stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of
the district.
2. If the district includes lands situated
in more than one county, the board of county commissioners shall appoint at
least one member of the board of directors from each county in which one-third
or more of the lands are situated.
3. The initial appointments to the board
of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent
appointment shall be for a term of 3 years. Any vacancy shall be filled by
appointment for the unexpired term.
4. In addition to other causes provided by
law, a vacancy is created on the board if any director:
(a) Ceases to be a landowner in the district.
(b) Is absent, unless excused, from three
meetings of the board.
5. If, as a result of a change in the
boundaries of the district, a county becomes entitled to a new member of the
board of directors pursuant to subsection 2, the board of county commissioners
shall make the new appointment upon the first expiration of the term of a
current member thereafter.
(Added to NRS by 1969, 517; A 1981, 1642; 2005, 935)
NRS 555.207 Board of directors: Powers. The
board of directors of a weed control district may:
1. With the approval of the State
Quarantine Officer, appoint a weed control officer.
2. Receive and expend any moneys provided
by assessment, voluntary contribution or otherwise for the control of weeds in
the district.
3. Exercise any other power necessary or
proper to effectuate the purposes for which the district exists.
4. Elect a chair from among its members,
and secretary who may or may not be a member.
(Added to NRS by 1969, 517)
NRS 555.208 Review of action of board of county commissioners or board of
directors by State Board of Agriculture; notice and hearing; judicial review.
1. The board of directors of a weed
control district or the board of county commissioners of any county having
lands situated in a weed control district or proposed for inclusion in such a
district may request that the State Board of Agriculture review any action
taken by the board of county commissioners of a county, or the board of
directors of the district, in connection with the creation of the district or a
change in the boundaries of the district.
2. Upon receiving such a request the State
Board of Agriculture shall, after notice and opportunity for a hearing, affirm
or reverse the action. The decision of the State Board of Agriculture is a
final decision for purposes of judicial review.
3. This section does not limit the right
of any landowner to seek judicial review of actions taken by a board of
directors or a board of county commissioners in connection with the creation of
a district or a change in the boundaries of a district.
(Added to NRS by 1981, 1641)
NRS 555.209 Regulations.
1. The board of directors shall prepare
regulations for the weed control district, which shall include but are not
limited to:
(a) The species of weeds to be controlled in the
district.
(b) The means of direct control by spray, cultivation
or otherwise.
(c) The means of indirect control, including the
movement from, to and within the district of agricultural machinery,
agricultural products, livestock and other vectors capable of spreading the
weeds designated for control.
2. One copy of the proposed regulations
must be delivered to the State Quarantine Officer, and at least two copies made
available for public inspection in the office of the district secretary or the
county clerk, as the board may by resolution prescribe.
3. The State Quarantine Officer shall then
hold a public hearing in the county in which is located the larger or largest
proportion of the area of the district, to consider the proposed regulations,
of which the State Quarantine Officer shall give notice by publication, in a
newspaper of general circulation in each county having lands situated in the
district, of at least one notice published not less than 10 days before the
hearing. At this hearing, the State Quarantine Officer shall entertain written
suggestions for the modification of the regulations.
4. After the hearing, and any additional
time which the State Quarantine Officer may allow for the submission of
additional facts or proposals, the State Quarantine Officer shall approve,
modify or disapprove the proposed regulations. If the board of directors of the
district does not concur in the action of the State Quarantine Officer, the
State Board of Agriculture shall establish the regulations.
(Added to NRS by 1969, 517; A 1981, 1643)
NRS 555.210 Performance of necessary work by weed control officer on failure
by landowner; charges as lien. If
any landowner fails to carry out a plan of weed control for his or her land in
compliance with the regulations of the district, the weed control officer may
enter upon the land affected, perform any work necessary to carry out the plan,
and charge such work against the landowner. Any such charge, until paid, is a
lien against the land affected coequal with a lien for unpaid general taxes,
and may be enforced in the same manner.
[2.5:174:1929; added 1949, 560; 1943 NCL §
415.01]—(NRS A 1969, 518)
NRS 555.215 Assessments of real property in district; medium-term
obligations; reconsideration of assessment after creation of district.
1. Except as otherwise provided in
subsection 5, upon the preparation and approval of a budget in the manner
required by the Local Government Budget and Finance Act, the board of county
commissioners of each county having lands situated in the district may, by
resolution, levy an assessment upon all real property in the county which is in
the weed control district.
2. Every assessment so levied is a lien
against the property assessed.
3. Amounts collected in counties other
than the county having the larger or largest proportion of the area of the
district must be paid over to the board of county commissioners of that county
for the use of the district.
4. The board of county commissioners of
that county may obtain medium-term obligations pursuant to NRS 350.087 to 350.095, inclusive, of an amount of money
not to exceed the total amount of the assessment, if any, to pay the expenses
of controlling the weeds in the weed control district. The loans may be made
only after the assessments, if any, are levied.
5. If a weed control district is created
pursuant to NRS 555.203 on the basis that the board
of county commissioners creating the weed control district will not exercise
its discretion to levy an assessment against real property pursuant to this
section and if, after the weed control district is created, the board of county
commissioners decides to levy such an assessment, the board of county
commissioners shall, before levying the assessment, hold at least one public
hearing to entertain applications for the exclusion of lands from the weed
control district pursuant to paragraph (a) of subsection 3 of NRS 555.203.
(Added to NRS by 1959, 391; A 1969, 518; 1981, 1643; 1995, 1829; 1999, 278; 2001, 1827, 2336; 2003, 162; 2009, 770)
NRS 555.217 Change of boundaries: Petition; notice and hearing; resolution;
ratification by board of county commissioners.
1. The boundaries of a weed control
district may be changed in the manner prescribed in this section or in
subsection 3 of NRS 308.080, but the
change of boundaries of the district does not:
(a) Impair or affect its organization or its
rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract,
obligation, lien or charge for or upon which it or the owners of property in
the district might be liable or chargeable had the change of boundaries not
been made.
2. The owners of lands may file with the
board of directors a petition in writing praying that those lands be included
in or excluded from the district. The petition must describe the tracts or body
of land owned by the petitioners, and the petition shall be deemed to give the
consent of the petitioners to the inclusion in or the exclusion from the
district of the lands described in the petition. The petition must be
acknowledged in the same manner that conveyances of land are required to be
acknowledged.
3. The board of directors of the district
may, on its own motion or upon petition of any person other than the owner,
initiate proceedings for the inclusion of land in the district. A petition
filed with the board of directors for this purpose must be in writing and must
describe the tracts or body of land proposed to be included, allege that the
lands described contain certain weeds that are harmful to owners of land in the
district and request that the lands be included in the district.
4. Areas proposed for inclusion in a weed
control district need not be located in the same county as other portions of
the district and need not be contiguous to other portions of the district.
5. The secretary of the board shall give
notice of filing of the petition, or initiation of proceedings by the board, to
the owner or owners of the lands described in the petition or motion of the
board and shall cause notice to be published in a newspaper of general
circulation in the county in which the lands described are situated. The
notices must require all persons interested to appear at the office of the
board at the time specified in the notice and show cause in writing why the
request should not be granted.
6. The board shall at the time specified
in the notice, or at the time or times to which the hearing may be adjourned,
proceed to hear the request and all written objections presented to show cause
why the request should not be granted. The failure of any person interested to
show cause in writing must be considered an approval by that person of the
inclusion in or the exclusion from the district of the lands as requested.
7. Upon conclusion of the hearing the
board by resolution shall approve the request, subject to ratification by the
board of county commissioners of the county in which the lands are situated if
the request is for the inclusion of lands, or deny the request. In the case of
proceedings initiated pursuant to subsection 3, the board may approve the
inclusion in the district of the described lands only if it determines that the
lands contain weeds that are harmful to owners of land in the district. The
board may defer adoption of the resolution to a special meeting or its first
regular meeting after conclusion of the hearing, whichever is sooner.
8. A copy of the resolution, adopted
pursuant to subsection 7, must be filed with the board of county commissioners
of each county in which all or a part of the district is located.
9. No action of the board of directors
approving the inclusion of lands within the district becomes effective unless
it is ratified by the board of county commissioners of the county in which the
lands are situated. The board of county commissioners may ratify the action at
any time after the filing of the resolution, but if the board has neither
ratified the action nor denied ratification within 90 days after the date the
resolution was filed pursuant to subsection 8, the action of the board of
directors shall be deemed ratified.
(Added to NRS by 1973, 1076; A 1981, 1643; 1997, 482)
NRS 555.220 Penalty. Any person
violating any of the provisions of NRS 555.202 to 555.210, inclusive, or failing, refusing or neglecting
to perform or observe any conditions or regulations prescribed by the State
Quarantine Officer, in accordance with the provisions of NRS
555.202 to 555.210, inclusive, is guilty of a
misdemeanor.
[Part 9:174:1929; NCL § 422]—(NRS A 1969, 518)
REGULATION OF DEALERS OF NURSERY STOCK
NRS 555.235 Definitions. As
used in NRS 555.235 to 555.249,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 555.23515 to 555.2358,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1959, 563; A 1961, 526; 1973, 284;
1975, 556; 1985,
525; 1993,
1711; 1999,
708, 3642,
3740; 2003, 534)
NRS 555.23515 “Broker” defined. “Broker”
means any person who acts as an agent for another person in negotiating the
purchase or sale of nursery stock but who does not handle either the nursery
stock which is involved in the purchase or sale, or the proceeds of the sale,
if applicable.
(Added to NRS by 2003, 532)
NRS 555.23523 “Dangerously injurious plant pest” defined. “Dangerously injurious plant pest” means a
plant pest that constitutes a significant threat to the public or to the
agricultural, forestry or horticultural industry of this State.
(Added to NRS by 2003, 532)
NRS 555.23525 “Dealer of nursery stock” defined. “Dealer
of nursery stock” means a person who produces, holds, distributes, collects or
sells nursery stock, including, without limitation, a retail business,
wholesale grower, landscape contractor, landscape maintenance business, broker
and peddler.
(Added to NRS by 2003, 532)
NRS 555.23537 “Hold” defined. “Hold”
means to have and maintain possession of nursery stock at a temporary or
permanent location.
(Added to NRS by 2003, 532)
NRS 555.2354 “Infested” defined. “Infested”
means contaminated with a pest or so exposed to a pest that contamination can
reasonably be expected to exist.
(Added to NRS by 2003, 532)
NRS 555.23542 “Inspecting officer” defined. “Inspecting
officer” means a person authorized by the Department to inspect nursery stock.
(Added to NRS by 2003, 532)
NRS 555.23544 “Inspection certificate” defined. “Inspection
certificate” means a document which is issued by an inspecting officer or an
appropriate state officer who is authorized to inspect nursery stock and which
affirms, declares or verifies that the nursery stock, or the nursery or
premises from which the nursery stock originated, has been inspected and found
to be free from plant pests and symptoms of diseases.
(Added to NRS by 2003, 532)
NRS 555.2355 “License” defined. “License”
means a license issued pursuant to NRS 555.235 to 555.249, inclusive, to a licensee to conduct business
as a dealer of nursery stock.
(Added to NRS by 2003, 533)
NRS 555.23551 “Licensee” defined. “Licensee”
means a person licensed under the provisions of NRS
555.235 to 555.249, inclusive.
(Added to NRS by 2003, 533)
NRS 555.2356 “Nursery” defined. “Nursery”
means any location:
1. Where nursery stock is grown,
propagated, held, stored or sold; or
2. From which nursery stock is distributed
directly to a customer.
(Added to NRS by 2003, 533)
NRS 555.23562 “Nursery stock” defined. “Nursery
stock” means a plant for planting, propagation or ornamentation, and includes,
without limitation, parts of plants, trees, shrubs, vines, vegetables, bulbs,
stolons, tubers, corms, pips, rhizomes, scions, buds and grafts.
(Added to NRS by 2003, 533)
NRS 555.2357 “Peddler” defined. “Peddler”
means any person who sells, solicits or offers for sale nursery stock to a
customer but who does not have a nursery located in this State. The term does
not include owners or employees of nurseries licensed by another state who
wholesale nursery stock to retail owners or employees of nurseries located in
this State or owners or employees of nurseries who sell nursery stock directly
to the public by catalog.
(Added to NRS by 2003, 533)
NRS 555.23572 “Pest” defined. “Pest”
means any form of animal or vegetable life detrimental to the crops,
horticulture, livestock, public health, wildlife, quality of water and
beneficial uses of land in this State, including, without limitation, any
insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasmal
organism, weed, parasitic plant or any other plant that is normally considered
to be a pest of cultivated plants, uncultivated plants, agricultural commodities,
horticultural products or nursery stock, or that the Director declares to be a
pest.
(Added to NRS by 2003, 533)
NRS 555.23575 “Phytosanitary certificate” defined. “Phytosanitary
certificate” means a certificate from an authorized state plant regulatory
officer that certifies, affirms, declares or verifies that an article, nursery
stock, plant product, shipment or other officially regulated item meets federal
or state quarantine requirements, as appropriate, including, without
limitation, that the item is free of dangerously injurious pests or quarantine
pests, or that the item has been treated in the manner set forth in the rules
and regulations prescribed by the applicable quarantine. The term includes a
federal phytosanitary certificate, a state phytosanitary certificate and a
certificate of quarantine compliance.
(Added to NRS by 2003, 533)
NRS 555.23577 “Quarantine pest” defined. “Quarantine
pest” means a pest listed by the State Quarantine Officer in a quarantine issued
pursuant to chapter 554 of NRS.
(Added to NRS by 2003, 533)
NRS 555.2358 “Sell” defined. “Sell”
means exchange, offer for sale, expose for sale, have in possession for sale,
arrange the sale of, solicit for sale, display or advertise for sale, consign,
accept on consignment, or broker the purchase or sale.
(Added to NRS by 2003, 533)
NRS 555.236 License required to produce, hold, distribute, collect or sell
nursery stock; exceptions; waivers.
1. Except as otherwise provided in this
section, a person who engages in the commercial production, holding,
distribution, collection or selling of nursery stock must obtain a license from
the Director, except:
(a) Retail florists or other persons who sell
potted, ornamental plants intended for indoor decorative purposes.
(b) A person not engaged in the nursery or
landscaping business who raises nursery stock as a hobby in this State from
which the person makes occasional sales, if the person does not advertise or
solicit for the sale of that nursery stock.
(c) Persons engaged in agriculture and
field-growing vegetable plants intended for sale for use in agricultural
production.
(d) At the discretion of the Director, persons
selling vegetable bulbs or flower bulbs, including, without limitation, onion
sets, tulip bulbs and similar bulbs.
(e) A business licensed by another state that
sells nursery stock only to:
(1) A licensed dealer of nursery stock in
this State; or
(2) The public exclusively by catalog.
(f) A garden club or charitable nonprofit
association conducting sales of nursery stock, provided that the garden club or
nonprofit association has applied for and received a permit from the Director
to conduct such sales. The Department shall not charge a fee for such a permit.
(g) A state or local governmental entity,
including a conservation district. The Department may inspect any plant
materials held, distributed, collected or sold by such an entity.
2. The Director may waive the requirements
relating to licensing set forth in NRS 555.235 to 555.249, inclusive, for a person otherwise required to
obtain a license pursuant to this section if the person only has occasional
sales of nursery stock to the ultimate customer. To obtain a waiver pursuant to
this subsection, the person must:
(a) Submit to the Department a completed
application for a license to engage in the business of a dealer of nursery
stock that includes sufficient information to demonstrate that the person
qualifies for a waiver pursuant to this subsection; and
(b) Submit to the Director a notarized affidavit
on a form provided by the Department attesting that all information furnished
in the completed application is true.
Ê A completed
application submitted to the Department pursuant to this section need not be
accompanied by the fee required by NRS 555.238. A
waiver issued pursuant to this subsection may be revoked at any time and must
be renewed annually.
3. Persons, state agencies or political
subdivisions exempt from the licensing requirements:
(a) Shall conduct their businesses in accordance
with pest regulations and grades and standards for nursery stock as established
by the Director.
(b) Shall register annually, on or before July 1,
with the Department, the location, size and type of nursery stock being sold or
produced.
4. As used in this section, “occasional
sales” means sales of nursery stock in a gross annual amount that is less than
$1,000.
(Added to NRS by 1959, 564; A 1961, 527; 1973, 283; 1993, 1712; 1999, 709, 3643, 3742; 2003, 534)
NRS 555.237 Application for license; transfer of license prohibited; display
of license.
1. Any person applying for a license must
do so on the application form and in the manner prescribed by the Director.
2. Except as otherwise provided in NRS 555.236, an application for a license must be
accompanied by the fee established pursuant to NRS
555.238 and by evidence of the good faith and character of the applicant.
3. A license is not transferable. If a
licensee changes its business name or the ownership of the licensee changes,
the licensee must obtain a new license. A licensee shall not engage in the
business of a dealer of nursery stock until a new license is issued.
4. A licensee shall prominently display
his or her license at the licensee’s business location.
(Added to NRS by 1959, 564; A 1961, 527; 1993, 1713; 1999, 3643; 2003, 536)
NRS 555.238 Schedule of annual fees for licenses. The
State Board of Agriculture may establish by regulation a schedule of annual
fees for licenses.
(Added to NRS by 1959, 564; A 1961, 527; 1983, 1101; 1999, 710, 3598; 2003, 536)
NRS 555.239 Renewal of license; fee.
1. Except as otherwise provided in this
section and NRS 555.237, a license expires on June
30 of each year. A licensee must apply for the renewal of his or her nursery
license annually on or before July 1. It is unlawful to conduct business
without a current license.
2. The fee for the renewal of a license is
ascertained in accordance with the schedule of fees established pursuant to NRS 555.238.
3. Any license may be renewed after July 1
upon payment of a penalty fee established by regulation of the State Board of
Agriculture. Such a penalty fee must not exceed $200.
(Added to NRS by 1959, 565; A 1983, 1101; 2003, 536)
NRS 555.241 Revocation or suspension of or refusal to issue or renew
license; notice and hearing. The
Director may refuse to issue or renew, or may suspend or revoke, a license for
violation of any provision of NRS 555.235 to 555.249, inclusive, or any rule or regulation adopted
under NRS 555.243, but no license may be refused,
suspended or revoked pursuant to this section until the applicant or licensee
has been given the opportunity to appear at a hearing. Offenders must be given
15 days’ notice in writing. The notice must indicate the offense and the place
of hearing.
(Added to NRS by 1959, 565; A 1961, 527; 1993, 1713; 1999, 3644; 2003, 537)
NRS 555.242 Terminal inspection of nursery stock. The
Director may order any nursery stock to be held for terminal inspection.
(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644)
NRS 555.243 Regulations; standards. The
Director may adopt such regulations as the Director may deem necessary to:
1. Carry out the intent of NRS 555.235 to 555.249,
inclusive.
2. Establish sanitary standards relating
to pest conditions of nurseries.
3. Establish mandatory and permissive
grades for nursery stock. When mandatory grades are established for nursery
stock, all nursery stock sold or offered for sale must be graded and labeled in
accordance with those standards.
4. Establish standards relating to
conditions that interfere with the proper development of nursery stock after
planting.
(Added to NRS by 1959, 565; A 1961, 528; 1981, 89; 1993, 1713; 1999, 3644)
NRS 555.244 Inspection of businesses, invoices and applicable certificates.
1. The
Director or any inspecting officer may enter any business during regular
business hours to ascertain compliance with NRS 555.235
to 555.249, inclusive, and any regulations adopted
pursuant thereto.
2. Invoices and applicable inspection
certificates, quarantine certificates and phytosanitary certificates must be
made available to the Director or inspecting officer upon request.
(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644; 2003, 537)
NRS 555.245 Certification of pest conditions or quality of nursery stock for
shipment; fees.
1. Any person may request the Director to
certify to pest conditions, quality, viability or grade of nursery stock
intended for shipment to comply with the requirements for plant pests
established by any state, territory or foreign country or by contract.
2. The Director may establish a schedule
of reasonable fees for those requests for certification.
(Added to NRS by 1959, 565; A 1961, 528; 1973, 285; 1993, 1714; 1999, 3644)
NRS 555.246 Certificates required for shipments of nursery stock; carrier
prohibited from delivering nursery stock without appropriate certificate;
exemption.
1. Except as otherwise provided in this
section, nursery stock that is shipped from other states to points within this
State and all nursery stock shipped intrastate must be accompanied by an
inspection certificate which:
(a) Is dated within a reasonable time before
shipment;
(b) Is
issued by an authorized state plant regulatory officer; and
(c) Affirms,
declares or verifies that the nursery stock, nursery or premises from which the
nursery stock originated has been inspected and found free of dangerously
injurious plant pests, pests and disease symptoms.
2. Except
as otherwise provided in this section, nursery stock that is shipped from other
states to points within this State, and nursery stock that is shipped
intrastate, for which a quarantine has been issued pursuant to chapter 554 of NRS or to which a federal
quarantine applies, must be accompanied by a phytosanitary certificate.
3. Except
as otherwise provided in this section, a corporation, company or natural person
engaged in the transportation of freight or express shall not make delivery of
any nursery stock in this State without the inspection certificate or
phytosanitary certificate, as appropriate, required by subsections 1 and 2.
4. A shipment of nursery stock which is in
the possession of an in-state dealer of nursery stock licensed with the
Department and which is being delivered to an in-state customer need not be
accompanied by the inspection certificate or phytosanitary certificate, as
appropriate, required by subsections 1 and 2, except that the dealer of nursery
stock must provide such documents to the Department upon request.
(Added to NRS by 1959, 566; A 1961, 528; 1999, 710; 2003, 537)
NRS 555.247 Labeling of containers of nursery stock; bulk shipments.
1. All nursery stock shipped from other
states to points within this State and all nursery stock shipped intrastate
must bear a label on or attached to:
(a) The outside of the container in which the
nursery stock was packed for shipment that indicates the name and address of
the consignee and consignor and contains a statement describing plainly and
legibly the correct botanical or commonly accepted name, or both, for each kind
of nursery stock in the container.
(b) Each individual piece of one kind and variety
of nursery stock or subcontainer or lot containing one kind and variety of
nursery stock in each container, that contains a legible statement of the
correct botanical or commonly accepted name, or both, of the nursery stock.
2. Except as otherwise provided in
subsection 4 of NRS 555.246, bulk shipments of
nursery stock not packed in containers must:
(a) Be accompanied by the appropriate certificate
required pursuant to NRS 555.246.
(b) Be accompanied by a manifest which must:
(1) State the name and address of the
consignor and consignee; and
(2) List and describe plainly and legibly
the correct botanical or commonly accepted name, or both, for each kind of
nursery stock in the bulk shipment.
(c) Be labeled in accordance with the
requirements of subsection 1.
(Added to NRS by 1959, 566; A 1999, 711; 2003, 538)
NRS 555.248 Infected or infested nursery stock: Shipment from State;
destruction; treatment. Any
nursery stock brought into this State which the Director or inspecting officer
finds or has reasonable cause to believe to be infested or infected with any
pest must be destroyed immediately, at the expense of the owner or bailee,
under the supervision of the Director or the inspecting officer, unless:
1. The nature of the pest is such that no
detriment can be caused to the public, the nursery, agricultural, forestry or
horticultural industry in this State or the general environmental quality of
this State by shipping the nursery stock out of this State. In that case, the
Director or inspecting officer:
(a) May affix a warning tag or notice to the
nursery stock.
(b) Shall notify the owner or bailee to ship the
nursery stock out of this State within 48 hours.
(c) Shall keep the nursery stock under the
Director or inspecting officer’s control at the expense of the owner or bailee.
(d) Shall destroy the nursery stock at the
expiration of 48 hours if the owner or bailee has not shipped the nursery stock
out of this State.
2. The Director determines that the pest
can be exterminated by a treatment prescribed by the Director with the result
that no detriment will be caused to the public, the nursery, agricultural,
forestry or horticultural industry in this State or the general environmental
quality of this State. In that case, nursery stock will be released if the
nursery stock is:
(a) Treated in the manner prescribed by the
Director;
(b) Treated within the time specified by the
Director or inspecting officer;
(c) Treated under the supervision of the
inspecting officer; and
(d) Found to be free from pests.
(Added to NRS by 1959, 566; A 1961, 529; 1993, 1714; 1999, 712, 3644, 3742)
NRS 555.2485 Enforcement by Director: Administrative fine; order to correct
violation; request for action by district attorney; regulations.
1. The Director shall adopt regulations
specifying a schedule of administrative fines which may be imposed, upon notice
and a hearing, for each violation of the provisions of NRS
555.235 to 555.249, inclusive, or the
regulations adopted pursuant thereto. The maximum fine that the Director may
impose for each violation may not exceed:
(a) For the first violation, $250;
(b) For the second violation, $500; and
(c) For each subsequent violation, $1,000.
Ê All fines
collected by the Director pursuant to this section must be deposited with the
State Treasurer for credit to the State General Fund.
2. The Director may:
(a) In addition to imposing an administrative
fine pursuant to this section, issue an order requiring a violator to take
appropriate action to correct the violation. The violator shall pay the cost of
any appropriate action so ordered.
(b) Request the district attorney of the
appropriate county to investigate or file a criminal complaint against any
person who the Director suspects may have committed flagrant or repeated
violations of any provision of NRS 555.235 to 555.249, inclusive.
(Added to NRS by 1997, 82; A 1999, 3645; 2003, 538)
NRS 555.249 Penalties. Any
person violating the provisions of NRS 555.235 to 555.249, inclusive, or the regulations adopted
pursuant thereto is guilty of a misdemeanor and shall be punished by
imprisonment in the county jail for not more than 6 months, or by a fine of not
more than $1,000, or by both fine and imprisonment. The prosecuting attorney
and the Department may recover the costs of the proceeding, including
investigative costs and attorney’s fees, against a person convicted of a
misdemeanor pursuant to this section.
(Added to NRS by 1959, 567; A 1997, 83; 1999, 3645; 2003, 539)
CUSTOM APPLICATION OF PESTICIDES
NRS 555.2605 Definitions. As
used in NRS 555.2605 to 555.460,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 555.261 to 555.2695,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1252; A 1975, 595; 1997, 2092; 1999, 520, 542; 2003, 539; 2007, 984; 2013, 1325,
2738)
NRS 555.261 “Agent” defined. “Agent”
means any person who solicits business in behalf of a custom pest control
licensee.
(Added to NRS by 1971, 1252; A 1975, 358)
NRS 555.2615 “Aircraft” defined. “Aircraft”
means any contrivance now known or hereafter invented, used or designed for
navigation of, or flight in, the air.
(Added to NRS by 1971, 1252)
NRS 555.2617 “Certificate” defined. “Certificate”
means a certificate of competency issued by the Director to a commercial
applicator or private applicator authorizing that person to make application of
or to supervise the application of a restricted-use pesticide.
(Added to NRS by 1975, 593; A 1993, 1714; 1999, 3645)
NRS 555.2618 “Certified applicator” defined. “Certified
applicator” means any person who is certified by the Director as qualified to
use or to supervise the use of any restricted-use pesticide.
(Added to NRS by 1975, 593; A 1977, 311; 1993, 1714; 1999, 3646)
NRS 555.2619 “Commercial applicator” defined. “Commercial
applicator” means a certified applicator who applies or supervises the
application of any restricted-use pesticide and does not qualify as a private
applicator under NRS 555.2681.
(Added to NRS by 1975, 593)
NRS 555.2625 “Defoliant” defined. “Defoliant”
means any substance or mixture of substances intended to cause the leaves or
foliage to drop from a plant with or without causing abscission.
(Added to NRS by 1971, 1252)
NRS 555.263 “Desiccant” defined. “Desiccant”
means any substance or mixture of substances intended to accelerate the drying
of plant tissues artificially.
(Added to NRS by 1971, 1252)
NRS 555.2634 “Environment” defined. “Environment”
includes the water, air, land and all plants and humans and other animals
living therein and the interrelationships which exist among these.
(Added to NRS by 1975, 593)
NRS 555.264 “Fungi” defined. “Fungi”
means all non-chlorophyll-bearing thallophytes (that is, all
non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as,
for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on
or in living humans or other animals.
(Added to NRS by 1971, 1252)
NRS 555.2645 “Ground equipment” defined. “Ground
equipment” means any machine or device (other than aircraft) for use on land or
water, designed for, or adaptable to, use in applying pesticides as sprays,
dusts, aerosols or fogs, or in other forms.
(Added to NRS by 1971, 1252)
NRS 555.265 “Insect” defined. “Insect”
means any of the numerous small invertebrate animals generally having the body
more or less obviously segmented, for the most part belonging to the class
insecta, comprising six-legged, usually winged forms, as for example beetles,
bugs, wasps and flies, and to other allied classes of arthropods whose members
are wingless and usually have more than six legs, as for example spiders,
mites, ticks, centipedes and wood lice.
(Added to NRS by 1971, 1252)
NRS 555.2655 “Nematode” defined. “Nematode”
means invertebrate animals of the phylum nemathelminthes and class nematoda,
that is, unsegmented round worms with elongated, fusiform, or sac-like bodies
covered with cuticle, and inhabiting soil, water, plants or plant parts, also
called nemas or eelworms.
(Added to NRS by 1971, 1252)
NRS 555.266 “Person” defined. “Person”
includes a government, a governmental agency and a political subdivision of a
government.
(Added to NRS by 1971, 1253; A 1985, 526)
NRS 555.2665 “Pest” defined. “Pest”
includes, but is not limited to, any insect, fungus, rodent, nematode, snail,
slug and weed and any form of plant or animal life or virus, except any virus
on or in a living human or other animal, which is normally considered to be a
pest or which the Director declares to be a pest.
(Added to NRS by 1971, 1253; A 1993, 1714; 1999, 3646)
NRS 555.2667 “Pest control” defined. “Pest
control” means publicly holding oneself out as being in the business of
detecting, preventing, controlling or exterminating pests or otherwise engaging
in, advertising or soliciting for:
1. The use for hire of pesticides or
mechanical devices for the extermination, control or prevention of infestations
of pests.
2. The inspection for hire of households
or other structures and the submission of reports of inspection, estimates or
bids, written or oral, for the inspection, extermination, control or prevention
of wood-destroying pests.
(Added to NRS by 1973, 1506; A 1981, 610; 2013, 1325)
NRS 555.267 “Pesticide” defined. “Pesticide”
means:
1. Any substance or mixture of substances,
including any living organisms or any product derived therefrom or any
fungicide, herbicide, insecticide, nematocide or rodenticide, intended to
prevent, destroy, control, repel, attract or mitigate any insect, rodent,
nematode, snail, slug, fungus and weed and any other form of plant or animal
life or virus, except virus on or in a living human or other animal, which is
normally considered to be a pest or which the Director declares to be a pest.
2. Any substance or mixture of substances
intended to be used as a plant regulator, defoliant or desiccant, and any other
substances intended for that use as are named by the Director by regulation.
(Added to NRS by 1971, 1253; A 1981, 610; 1993, 1715; 1999, 3646)
NRS 555.2675 “Plant regulator” defined. “Plant
regulator” means any substance or mixture of substances intended through
physiological action to accelerate or retard the rate of growth or maturation,
or otherwise to alter the behavior of plants, but does not include substances
insofar as they are intended to be used as plant nutrients, trace elements,
nutritional chemicals, plant inoculants or soil amendments.
(Added to NRS by 1971, 1253)
NRS 555.2677 “Primary principal” defined. “Primary
principal” means a principal who has been designated by a pest control business
as the person responsible for the daily supervision of each category of pest
control.
(Added to NRS by 2013, 1325)
NRS 555.2679 “Principal” defined. “Principal”
means an owner, officer, partner, member or technician of a pest control
business who has qualified by examination in one or more categories of pest
control.
(Added to NRS by 2013, 1325)
NRS 555.2681 “Private applicator” defined. “Private
applicator” means a certified applicator who uses or supervises the use of any
restricted-use pesticide for purposes of producing any agricultural commodity
on property owned or rented by the certified applicator or the certified
applicator’s employer or on the property of the certified applicator’s
neighbors if applied without compensation other than trading of personal
services between producers of agricultural commodities.
(Added to NRS by 1975, 593)
NRS 555.2683 “Restricted-use pesticide” defined. “Restricted-use
pesticide” means any pesticide, including any highly toxic pesticide, which:
1. The Director has found and determined,
after a hearing, to be:
(a) Injurious to persons, pollinating insects,
bees, animals, crops or land, other than pests or vegetation it is intended to
prevent, destroy, control or mitigate; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety; or
2. Has been classified for restricted use
by or under the supervision of a certified applicator in accordance with the
Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq.
(Added to NRS by 1975, 593; A 1993, 1715; 1999, 3646)
NRS 555.2685 “Snails or slugs” defined. “Snails
or slugs” include all harmful mollusks.
(Added to NRS by 1971, 1253)
NRS 555.2687 “Supervision” defined. “Supervision”
of the application of a restricted-use pesticide by a certified applicator must
be defined by regulation of the Director.
(Added to NRS by 1975, 593; A 1993, 1715; 1999, 3646)
NRS 555.269 “Weed” defined. “Weed”
means any plant or part thereof which grows where not wanted.
(Added to NRS by 1971, 1253)
NRS 555.2695 “Wildlife” defined. “Wildlife”
means all living things that are neither human, domesticated, nor, as defined
in NRS 555.2665, pests, including but not limited
to mammals, birds and aquatic life.
(Added to NRS by 1971, 1253)
NRS 555.270 Policy of this State; purpose of provisions. It is the policy of this State and the purpose
of NRS 555.2605 to 555.460,
inclusive, to regulate, in the public interest, the application of pesticides
which, although valuable for the control of pests, may seriously injure humans,
animals and crops over wide areas if not properly applied.
[1:215:1955]—(NRS A 1959, 243; 1967, 368; 1971, 1254;
1973, 285; 1975, 595; 2003, 539)
NRS 555.273 Provisions concerning restricted-use pesticides applicable to
governmental agencies and public utilities. All
state agencies, municipal corporations and public utilities or any other
governmental agency shall be subject to the provisions of NRS 555.2605 to 555.460,
inclusive, and rules adopted thereunder concerning the application of
restricted-use pesticides by any person.
(Added to NRS by 1971, 1253; A 1975, 595)
NRS 555.277 Exemption of farmer-owners and gardeners.
1. The provisions of NRS 555.2605 to 555.460,
inclusive, relating to licenses and requirements for their issuance, except a
certificate or permit to use a restricted-use pesticide, do not apply to any
farmer-owner of ground equipment applying pesticides for himself, herself or his
or her neighbors, if:
(a) The farmer-owner operates farm property and
operates and maintains equipment for applying pesticides primarily for his or
her own use.
(b) The farmer-owner is not regularly engaged in
the business of applying pesticides or performing pest control for hire as an
operator, primary principal or principal or as a regular occupation, and the
farmer-owner does not advertise or solicit pest control or publicly hold
himself or herself out as being in the business of pest control or as a
pesticide applicator.
(c) The farmer-owner operates his or her
equipment for applying pesticides only in the vicinity of the farmer-owner’s
own property and for the accommodation of the farmer-owner’s neighbors for
agricultural purposes only.
2. The provisions of NRS 555.2605 to 555.460,
inclusive, except those provisions relating to a certificate or permit to use a
restricted-use pesticide, do not apply to any person using hand-powered
equipment, devices or contrivances to apply pesticides to any landscaped area
as an incidental part of the person’s business of taking care of a landscaped
area for remuneration, if that person does not advertise or solicit pest
control or publicly hold himself or herself out as being in the business of
pest control or applying pesticides and the cost of applying the pesticides
does not exceed 20 percent of the total remuneration received.
(Added to NRS by 1971, 1253; A 1981, 611; 1983, 230; 2003, 539; 2013, 1326)
NRS 555.280 License required to engage in pest control. A person shall not engage in pest control or
serve as an agent, operator, pilot, primary principal or principal for that
purpose within this State at any time without a license issued by the Director.
[Part 3:215:1955]—(NRS A 1959, 243; 1961, 530; 1965,
65; 1967, 368; 1971, 1254; 1973, 1505; 1981, 611; 1985, 346; 1993, 1715; 1999, 3646; 2013, 1326)
NRS 555.285 License required to engage in activities concerning control of
wood-destroying pests or organisms. A
person shall not, for hire, engage in, offer to engage in, advertise or solicit
to perform any of the following pest control activities concerning
wood-destroying pests or organisms without a license issued by the Director:
1. Making an inspection to identify or to
attempt to identify infestations or infections of households or other
structures by those pests or organisms.
2. Making or altering inspection reports
concerning the infestations or infections.
3. Making estimates or bids, whether
written or oral, concerning the infestations or infections.
4. Submitting bids to perform any work
involving the application of pesticides for the elimination, extermination,
control or prevention of infestations or infections of those pests.
(Added to NRS by 1973, 1506; A 1985, 346; 1993, 1715; 1999, 3647; 2007, 984)
NRS 555.290 Application for license. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. An application for a license must be
submitted to the Director and must set forth such information regarding the
applicant’s qualifications and proposed operations and other relevant matters
as required pursuant to regulations adopted by the Director. If the applicant
is a natural person, the application must include the social security number of
the applicant.
2. If an applicant fails to complete the
licensing requirements within 30 days after the date on which the applicant
submits his or her application, the applicant forfeits all fees he or she has
tendered. Thereafter the applicant may reinitiate the application process upon
payment of the appropriate fees.
[Part 3:215:1955]—(NRS A 1961, 530; 1973, 285; 1993, 1716; 1997, 2092; 1999, 3647)
NRS 555.290 Application for license.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. Application for a license must be made
to the Director and must set forth such information regarding the applicant’s
qualifications and proposed operations and other relevant matters as required
pursuant to regulations adopted by the Director.
2. If an applicant fails to complete the
licensing requirements within 30 days after the date on which the applicant
submits his or her application, the applicant forfeits all fees he or she has
tendered. Thereafter the applicant may reinitiate the application process upon
payment of the appropriate fees.
[Part 3:215:1955]—(NRS A 1961, 530; 1973, 285; 1993, 1716; 1997, 2092; 1999, 3647,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 555.300 Examination and qualifications of applicant.
1. The Director may require the applicant
to show, upon examination, that the applicant possesses adequate knowledge
concerning the proper use and application of pesticides and the dangers
involved and precautions to be taken in connection with their application.
2. If the applicant is not a natural
person, the applicant shall designate an officer, member or technician of the
organization to take the examination. The person so designated is subject to
the approval of the director. If the extent of the applicant’s operations
require it, the Director may require more than one officer, member or
technician to take the examination.
3. The applicant or the person designated
by the applicant in accordance with the provisions of subsection 2 must have
attained the age of majority and have:
(a) Not less than 2 years’ practical experience
in pest control; or
(b) Possess university credits of not less than
16 credit hours in biological sciences of which not less than 8 credit hours
must be in subjects directly related to the categories of pest control in which
the applicant wishes to be licensed and have 6 or more months of practical
experience in pesticide application or related pest control.
4. The requirements of subsection 3 do not
apply to persons holding a license issued by the Director before July 1, 1973,
or to the renewal of the license of any such person.
[Part 3:215:1955]—(NRS A 1959, 243; 1961, 530; 1967,
368; 1971, 1254; 1973, 1505; 1993, 1716; 1999, 3647)
NRS 555.310 Fees established by regulation.
1. The Director shall collect from each
person applying for the examination or reexamination a testing fee established
by regulation of the State Board of Agriculture.
2. Upon the successful completion of the
testing, the Director shall, before the license is issued, collect from each
person applying for a license for pest control an annual fee established by
regulation of the State Board of Agriculture. Any company or person employing
primary principals, principals, operators or agents shall pay to the Director a
fee established by regulation of the Board for each primary principal,
principal, operator or agent licensed.
[Part 3:215:1955]—(NRS A 1961, 530; 1965, 65; 1973,
286; 1981, 611;
1983, 1101;
1993, 1716;
1999, 3599,
3648; 2013, 1326)
NRS 555.320 Issuance, expiration and renewal of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Director finds the applicant
qualified, and upon the applicant’s appointing the Director agent for service
of process and finding that the applicant has satisfied the requirements of NRS 555.325 and 555.330,
the Director shall issue a license to perform pest control within this State.
2. The license period is the calendar
year. All licenses expire on December 31 of each year. The license may be
renewed annually upon application to the Director and payment of the license
fee on or before December 31 of each year. If the holder of the license is a
natural person, the holder must submit with his or her application for renewal
the statement required pursuant to NRS 555.325.
3. The license may restrict the licensee
to the use of a certain type or types of equipment or materials if the Director
finds that the applicant is qualified to use only a certain type or types.
4. If a license is not issued as applied
for, the Director shall inform the applicant in writing of the reasons
therefor.
[Part 3:215:1955]—(NRS A 1957, 753; 1959, 243; 1961,
531; 1967, 368; 1971, 1254; 1973, 286; 1981, 611; 1993, 1717; 1997, 2093; 1999, 3648; 2003, 540)
NRS 555.320 Issuance, expiration and
renewal of license. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. If the Director finds the applicant
qualified, and upon the applicant’s appointing the Director agent for service
of process and finding that the applicant has satisfied the requirements of NRS 555.330, the Director shall issue a license to
perform pest control within this State.
2. The license period is the calendar
year. All licenses expire on December 31 of each year. The license may be
renewed annually upon application to the Director and payment of the license
fee on or before December 31 of each year.
3. The license may restrict the licensee
to the use of a certain type or types of equipment or materials if the Director
finds that the applicant is qualified to use only a certain type or types.
4. If a license is not issued as applied
for, the Director shall inform the applicant in writing of the reasons
therefor.
[Part 3:215:1955]—(NRS A 1957, 753; 1959, 243; 1961,
531; 1967, 368; 1971, 1254; 1973, 286; 1981, 611; 1993, 1717; 1997, 2093; 1999, 3648; 2003, 540,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 555.322 Renewal of license: Application to include information relating
to state business license; denial of renewal for unpaid debt assigned to State
Controller for collection.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license must
indicate in the application submitted to the Director whether the applicant has
a state business license. If the applicant has a state business license, the
applicant must include in the application the state business license number
assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license may not be renewed by the Director
if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Director pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2738)
NRS 555.325 Application for license: Statement by applicant concerning
payment of child support; grounds for denial; duty of Director. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a license to perform pest control shall submit to the
Director the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Director shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Director.
3. A license to perform pest control may
not be issued or renewed by the Director if the applicant is a natural person
who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Director shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2091; A 1999, 3648)
NRS 555.330 Proof of insurance required of applicant for license; actions by
injured persons; limitation of actions; investigations by Director.
1. The Director shall require from each
applicant for a pest control license proof of public liability and property
damage insurance in an amount of:
(a) Except as otherwise provided in paragraph
(b), not less than $50,000.
(b) If the license would authorize the
application of pesticides by aircraft:
(1) Not less than $100,000 for bodily
injury to or death of one person in any one accident;
(2) Subject to the limit for one person,
not less than $300,000 for bodily injury to or death of two or more persons in
any one accident; and
(3) Not less than $100,000 for each
occurrence of damage to property in any one accident.
Ê The Director
may accept a liability insurance policy or surety bond in the proper amount.
2. The Director may require drift
insurance for the use of pesticides or other materials declared hazardous or
dangerous to humans, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any
such obligation is entitled to sue in his or her own name in any court of
competent jurisdiction to recover the damages the person sustained by that
breach, if each claim is made within 6 months after the alleged injury.
4. The Director on his or her own motion
may, or upon receipt of a verified complaint of an interested person shall,
investigate, as he or she deems necessary, any loss or damage resulting from
the application of any pesticide by a licensed pest control operator, primary
principal or principal. A verified complaint of loss or damage must be filed
within 60 days after the time that the occurrence of the loss or damage becomes
known except that, if a growing crop is alleged to have been damaged, the
verified complaint must be filed before 50 percent of the crop has been
harvested. A report of investigations resulting from a verified complaint must
be furnished to the person who filed the complaint.
[Part 3:215:1955]—(NRS A 1957, 753; 1961, 531; 1965,
65; 1967, 369; 1969, 353; 1971, 1255; 1981, 612; 1983, 231; 1987, 170; 1993, 1717; 1999, 3649; 2001, 469; 2013, 1326)
NRS 555.345 Refusal to issue license to perform pest control; submission of
fingerprints.
1. The Director may refuse to issue a
license to perform pest control to any person who:
(a) Is a primary principal or intends to act as a
primary principal for a pest control business pursuant to NRS 555.3507; and
(b) Has been convicted of, or entered a plea of
guilty, guilty but mentally ill or nolo contendere to, a felony or any crime
involving moral turpitude, in any court of competent jurisdiction in the United
States or any other country.
2. In addition to any other requirements
set forth in this chapter, each applicant for a license to perform pest control
specified in paragraph (a) of subsection 1 shall submit with his or her
application a complete set of the applicant’s fingerprints and written
permission authorizing the Director to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report.
3. A suspension or revocation of a license
to perform pest control pursuant to NRS 555.350 or
any previous revocation or current suspension of such a license in this or any
other state, district or territory of the United States or any foreign country
is grounds for refusal to issue the license.
(Added to NRS by 2007, 983)
NRS 555.350 Suspension, revocation or modification of license.
1. The Director may suspend, pending
inquiry, for not longer than 10 days, and, after opportunity for a hearing, may
revoke, suspend or modify any license issued under NRS
555.2605 to 555.460, inclusive, if the Director
finds that:
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent
business practices in pest control;
(c) The licensee has made false or fraudulent
claims through any media by misrepresenting the effect of materials or methods
to be used;
(d) The licensee has applied known ineffective or
improper materials;
(e) The licensee operated faulty or unsafe
equipment;
(f) The licensee has made any application in a
faulty, careless or negligent manner;
(g) The licensee has violated any of the
provisions of NRS 555.2605 to 555.460, inclusive, or regulations adopted pursuant
thereto;
(h) The licensee engaged in the business of pest
control without having a licensed agent, operator, primary principal or
principal in direct on-the-job supervision;
(i) The licensee aided or abetted a licensed or
an unlicensed person to evade the provisions of NRS
555.2605 to 555.460, inclusive, combined or
conspired with such a licensee or an unlicensed person to evade the provisions,
or allowed one’s license to be used by an unlicensed person;
(j) The licensee was intentionally guilty of
fraud or deception in the procurement of his or her license;
(k) The licensee was intentionally guilty of fraud,
falsification or deception in the issuance of an inspection report on
wood-destroying pests or other report or record required by regulation; or
(l) The licensee has been convicted of, or
entered a plea of nolo contendere to, a felony or any crime involving moral
turpitude in any court of competent jurisdiction in the United States or any
other country.
2. A license is suspended automatically,
without action of the Director, if the proof of public liability and property
damage or drift insurance filed pursuant to NRS 555.330
is cancelled, and the license remains suspended until the insurance is
re-established.
3. A licensee against whom the Director
initiates disciplinary action to revoke, suspend or modify the license of the
licensee pursuant to this section shall, within 30 days after receiving written
notice of the disciplinary action from the Director, submit to the Director a
complete set of the licensee’s fingerprints and written permission authorizing
the Director to forward the fingerprints to the Central Repository for Nevada
Records of Criminal History for submission to the Federal Bureau of
Investigation for its report.
4. A willful failure of a licensee to
comply with the requirements of subsection 3 constitutes an additional ground
for the revocation, suspension or modification of the license of the licensee
pursuant to this section.
5. The Director has additional grounds to
revoke, suspend or modify a license pursuant to this section if the report from
the Federal Bureau of Investigation indicates that the licensee has been
convicted of a felony or crime specified in paragraph (l) of subsection 1.
[Part 3:215:1955]—(NRS A 1959, 244; 1961, 531; 1965,
66; 1967, 369; 1969, 353; 1971, 1255; 1975, 358; 1981, 612; 1993, 1717; 1999, 3649; 2003, 540; 2007, 984; 2013, 1327)
NRS 555.3505 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Director receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to perform pest control, the Director shall deem the
license issued to that person to be suspended at the end of the 30th day after
the date on which the court order was issued unless the Director receives a
letter issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Director shall reinstate a license
to perform pest control that has been suspended by a district court pursuant to
NRS 425.540 if the Director receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2092; A 1999, 3650)
NRS 555.3507 Primary principal required for licensee’s business. A person licensed to engage in pest control
shall ensure that the licensee’s business has a primary principal who is
licensed in the appropriate category or categories of pest control.
(Added to NRS by 2003, 532; A 2013, 1328)
NRS 555.351 Restricted-use pesticides: Certificate and permits required for
use.
1. A person shall not use any
restricted-use pesticide within this State at any time without a certificate
issued by the Director except a person using any restricted-use pesticide under
the supervision of a certified applicator.
2. If the Director has adopted regulations
requiring:
(a) A permit pursuant to NRS 586.403; or
(b) A special use permit pursuant to NRS 586.405,
Ê for a
restricted-use pesticide, a person shall not use that pesticide without
obtaining the required permit.
(Added to NRS by 1975, 593; A 1993, 1718; 1999, 3650)
NRS 555.353 Restricted-use pesticides: Application for certificate. Application for a certificate must be made to
the Director and contain such information regarding the applicant’s
qualifications and proposed operations and other relevant matters as required
pursuant to the regulations adopted by the Director.
(Added to NRS by 1975, 594; A 1993, 1718; 1999, 3651)
NRS 555.355 Restricted-use pesticides: Qualifications and examination of
applicant for certificate; fees established by regulation.
1. The Director may require the applicant
to show, upon examination, that the applicant possesses adequate knowledge
concerning the proper use and application of restricted-use pesticides and the
dangers involved and precautions to be taken in connection with the application
of those pesticides, including, but not limited to, the following areas:
(a) Label and labeling comprehension.
(b) Environmental consequences of pesticide use
and misuse.
(c) Pests.
(d) Pesticides.
(e) Equipment.
(f) Application techniques.
(g) Laws and regulations.
(h) Safety.
2. In addition, the Director may require
the applicant to meet special qualifications of competency to meet the special
needs of a given locality regarding the use or application of a specific
restricted-use pesticide.
3. The Director shall collect from each
person applying for an examination or reexamination, in connection with the
issuance of a certificate, a testing fee established by regulation of the State
Board of Agriculture for any one examination period.
(Added to NRS by 1975, 594; A 1993, 1718; 1999, 3599, 3651)
NRS 555.357 Restricted-use pesticides: Issuance, expiration and renewal of
certificates; regulations concerning renewal.
1. If the Director finds that the
applicant is qualified, the Director shall issue a certificate to make
application of or to supervise the application of restricted-use pesticides
within this State.
2. A certificate is valid for 4 years
after the date it is issued. The certificate may be renewed upon completion of
the requirements established by the regulations of the Director.
3. The Director shall adopt regulations
concerning the requirements for renewal of a certificate.
4. The certificate may limit the applicant
to the use of a certain type or types of equipment or material if the Director
finds that the applicant is qualified to use only that type or types.
5. If a certificate is not issued as
applied for, the Director shall inform the applicant in writing of the reasons
therefor.
(Added to NRS by 1975, 594; A 1983, 231; 1993, 1719; 1999, 3651; 2009, 25)
NRS 555.359 Restricted-use pesticides: Denial, suspension, revocation or
modification of certificate. The
Director may deny or suspend, pending inquiry, for not longer than 10 days,
and, after opportunity for a hearing, may deny, revoke, suspend or modify any
certificate issued under the provisions of NRS 555.351
to 555.357, inclusive, if the Director finds that
the applicant or the certified applicator:
1. Is no longer qualified;
2. Has applied known ineffective or
improper materials;
3. Has applied materials inconsistent with
labeling or other restrictions imposed by the Director;
4. Has operated faulty or unsafe
equipment;
5. Has made any application in a faulty,
careless or negligent manner;
6. Aided or abetted an uncertified person
to evade the provisions of NRS 555.351 to 555.357, inclusive, combined or conspired with an
uncertified person to evade those provisions, or allowed one’s certificate to
be used by an uncertified person;
7. Was guilty of fraud or deception in the
procurement of the certificate;
8. Has deliberately falsified any record
or report;
9. Has violated any of the provisions of NRS 555.351 to 555.357,
inclusive, 555.390 or any regulation adopted
pursuant thereto; or
10. Has failed or neglected to give
adequate instruction or direction to an uncertified person working under his or
her supervision.
(Added to NRS by 1975, 595; A 1993, 1719; 1999, 3651)
NRS 555.360 Judicial review of action of Director.
1. Any person aggrieved by any action of
the Director may obtain a review thereof by filing in the district court of the
county in which the person resides, within 30 days after notice of the action,
a written petition praying that the action of the Director be set aside.
2. A copy of the petition must forthwith
be delivered to the Director, and within 20 days thereafter, the Director shall
certify and file in the court a transcript of any record pertaining thereto,
including a transcript of evidence received.
3. Upon compliance with the provisions of
subsections 1 and 2, the court has jurisdiction to affirm, set aside or modify
the action of the Director, except that the findings of the Director concerning
the facts, if supported by substantial evidence, are conclusive.
[Part 3:215:1955]—(NRS A 1961, 531; 1993, 1720; 1999, 3652)
NRS 555.370 Inspection of equipment; repairs. The
Director may provide for the inspection of any ground equipment or of any
device or apparatus used for application of pesticides by aircraft, and may
require proper repairs or other changes before its further use.
[4:215:1955]—(NRS A 1959, 244; 1961, 532; 1967, 370;
1971, 1256; 1973, 286; 1993, 1720; 1999, 3652)
NRS 555.380 Regulations of Director: Materials and methods for application.
1. The Director may, by regulation,
prescribe materials or methods to be used and prohibit the use of materials or
methods in custom application of pesticides, to the extent necessary to protect
health or to prevent injury because of the drifting, washing or application of
those materials to desired plants or animals, including pollinating insects and
aquatic life.
2. In adopting the regulations, the
Director shall give consideration to relevant research findings and
recommendations of other agencies of this State or of the Federal Government.
[5:215:1955]—(NRS A 1959, 244; 1961, 532; 1967, 370;
1971, 1256; 1975, 359; 1993, 1720; 1999, 3652)
NRS 555.390 Regulations of Director: Records and reports of licensees and
certified applicators.
1. The Director may, by regulation,
require any licensee to maintain such records and furnish reports giving such
information with respect to particular applications of pesticides and such
other relevant information as the Director may deem necessary.
2. The Director may, by regulation,
require any certified applicator to maintain such records and furnish reports
giving such information with respect to application of restricted-use
pesticides and such other relevant information as the Director may deem
necessary.
[6:215:1955]—(NRS A 1959, 244; 1961, 532; 1967, 370;
1975, 359, 595; 1993,
1720; 1999,
3653)
NRS 555.400 Regulations of Director: General authority; limitations.
1. The Director may adopt regulations to
carry out the provisions of NRS 555.2605 to 555.460, inclusive. The regulations must not be
inconsistent with any regulations issued by this State or by the Federal
Government relating to safety in air navigation or the operation of aircraft.
2. Before adopting regulations directly
relating to any matter within the jurisdiction of any other officer of this
State, the Director shall consult with that officer concerning those
regulations.
[7:215:1955]—(NRS A 1961, 532; 1971, 1256; 1975, 596;
1993, 1720;
1999, 3653;
2007, 985)
NRS 555.410 Publication of information regarding injuries from improper
application and prevention of injuries. The
Director may, in cooperation with the Nevada System of Higher Education,
publish information regarding injury which may result from improper application
or handling of pesticides and methods and precautions designed to prevent such
an injury.
[8:215:1955]—(NRS A 1959, 244; 1961, 532; 1967, 370;
1969, 1446; 1971, 1257; 1993, 416, 1721; 1995, 579; 1999, 3653)
NRS 555.420 Authority of Director and inspectors to enter and inspect public
or private premises. To carry out
the provisions of NRS 555.2605 to 555.460, inclusive, the Director and the Director’s
appointed inspectors may enter upon any public or private premises at
reasonable times to inspect, audit, sample or monitor any aircraft, ground
equipment, records, storage, pesticides, pesticide sprays, disposal operations
or other operations which are subject to NRS 555.2605
to 555.460, inclusive, or regulations adopted
pursuant thereto.
[11:215:1955]—(NRS A 1961, 533; 1971, 1257; 1975,
359, 596; 1977,
312; 1993,
1721; 1999,
3653)
NRS 555.460 Violation of provisions: Criminal penalty; administrative fine. Any person violating the provisions of NRS 555.2605 to 555.420,
inclusive, or the regulations adopted pursuant thereto, is guilty of a
misdemeanor and, in addition to any criminal penalty, shall pay to the
Department an administrative fine of not more than $5,000 per violation. If an
administrative fine is imposed pursuant to this section, the costs of the
proceeding, including investigative costs and attorney’s fees, may be recovered
by the Department.
[9:215:1955]—(NRS A 1961, 533; 1971, 1257; 1975, 596;
1993, 899; 1995, 548; 1999, 3653; 2003, 541; 2007, 985; 2013, 2738)
NRS 555.470 Enforcement by Director: Administrative fine; order to correct
violation; request for action by district attorney; regulations.
1. The Director shall adopt regulations
specifying a schedule of fines which may be imposed, upon notice and a hearing,
for each violation of the provisions of NRS 555.2605
to 555.460, inclusive. The maximum fine that may be
imposed by the Director for each violation must not exceed $5,000 per day. All
fines collected by the Director pursuant to this subsection must be remitted to
the county treasurer of the county in which the violation occurred for credit
to the county school district fund.
2. The Director may:
(a) In addition to imposing a fine pursuant to
subsection 1, issue an order requiring a violator to take appropriate action to
correct the violation; or
(b) Request the district attorney of the
appropriate county to investigate or file a criminal complaint against any
person that the State Board of Agriculture suspects may have violated any
provision of NRS 555.2605 to 555.460, inclusive.
(Added to NRS by 1993, 1193; A 1995, 556; 1999, 3653; 2003, 541; 2007, 986; 2013, 2738)
RODENT CONTROL DISTRICTS
NRS 555.500 Legislative declaration. The
Legislature declares that it is primarily the responsibility of each owner or
occupier of land in this State to control rodents on his or her own land, but
finds that in certain areas this responsibility can best be discharged through
cooperation in organized districts.
(Added to NRS by 1969, 480)
NRS 555.510 Creation of district: Petition; notice and hearing; exclusion of
land.
1. The board of county commissioners of
any county shall create one or more rodent control districts in that portion of
the county which lies outside any incorporated city if there is filed a
petition which:
(a) Designates the area to be included in the
rodent control district, either as the entire unincorporated area of the county
or by sections or parts of sections with appropriate township and range
references; and
(b) Is signed by the owners of more than 50
percent in assessed valuation, as shown by the current assessment roll of the
county, of the lands to be included in the rodent control district.
2. Before creating a rodent control
district, the board of county commissioners shall hold at least one public
hearing, of which they shall give notice by publication, in a newspaper of
general circulation in the county, of at least one notice published not less
than 10 days before the date of the hearing. At this hearing, the board of
county commissioners shall entertain applications for the exclusion of lands,
designated by sections or parts of sections as prescribed in subsection 1, from
the proposed district, if any such application is made. The board of county
commissioners shall exclude any such lands as to which it is shown to their
satisfaction that any rodents which exist on that land do not render
substantially more difficult the control of rodents on other lands in the
proposed district.
(Added to NRS by 1969, 480; A 1987, 1729)
NRS 555.520 Board of directors: Number; qualifications; appointment; terms;
vacancies.
1. The board of county commissioners of
any county in which a rodent control district has been created shall appoint a
board of directors of the district composed of three persons who:
(a) Are landowners in the district, whether or
not they signed the petition for its creation. For the purpose of this
paragraph, if any corporation or partnership owns land in the district, a
partner or a director, officer or beneficial owner of 10 percent or more of the
stock of the corporation shall be deemed a landowner.
(b) Fairly represent the agricultural economy of
the district.
2. The initial appointments to the board
of directors shall be for terms of 1, 2 and 3 years respectively. Each subsequent
appointment shall be for a term of 3 years. Any vacancy shall be filled by
appointment for the unexpired term.
(Added to NRS by 1969, 480)
NRS 555.530 Board of directors: Powers. The
board of directors of a rodent control district may:
1. With the approval of the Director,
appoint a rodent control officer.
2. Receive and expend any money provided
by assessment, voluntary contribution or otherwise for the control of rodents
in the district.
3. Exercise any other power necessary or
proper to carry out the purposes for which the district exists.
4. Elect a chair from among its members,
and secretary who may be a member of the board.
(Added to NRS by 1969, 481; A 1975, 556; 1993, 1721; 1999, 3654)
NRS 555.540 Regulations. The
State Board of Agriculture shall, after a hearing held in the county,
promulgate regulations for each rodent control district, which shall include
but are not limited to:
1. The species of rodents to be controlled
in the district.
2. The means of control, including a
designation of the types of rodenticides permitted and the movement from, to
and within the district of agricultural products and other vectors capable of
spreading the rodents designated for control.
(Added to NRS by 1969, 481)
NRS 555.550 Submission of plans by landowners after promulgation of
regulations; performance of necessary work by rodent control officer on failure
by landowner; charges as lien.
1. Within 60 days after regulations have
been promulgated for any rodent control district, each landowner in the
district shall file with the board of directors:
(a) A sketch of the landowner’s land; and
(b) A plan for the control of rodents on the
landowner’s land.
2. If any landowner fails to submit the
plan as required by subsection 1, the rodent control officer shall prepare such
a plan.
3. The board of directors shall consider
each plan submitted by a landowner or prepared by the rodent control officer
and shall, consistently with the regulations for the district:
(a) Approve the plan; or
(b) Require specified changes in the plan.
4. If any landowner fails to carry out the
plan of rodent control for the landowner’s land as approved or modified by the
board of directors, the rodent control officer may, after giving 10 days’ notice
in writing to the owner by registered or certified mail directed to the
landowner’s last known address, enter upon the land, perform any work necessary
to carry out the plan, and charge such work against the landowner. Any such
charge, until paid, is a lien against the land affected coequal with a lien for
unpaid general taxes, and may be enforced in the same manner.
(Added to NRS by 1969, 481)
NRS 555.560 Assessments; liens; loans.
1. Upon the preparation and approval of a
budget in the manner required by the Local Government Budget and Finance Act,
the board of county commissioners shall, by resolution, levy an assessment upon
all real property in the rodent control district.
2. Every assessment so levied shall be a
lien against the property assessed.
3. The county commissioners may obtain
short-term loans of an amount of money not to exceed the total amount of such
assessment, for the purpose of paying the expenses of controlling the rodents
in a rodent control district. Such loans may be made only after such
assessments are levied.
(Added to NRS by 1969, 481; A 2001, 1828)
NRS 555.570 Penalty. Any person
violating any of the provisions of NRS 555.500 to 555.560, inclusive, or failing, refusing or neglecting
to perform or observe any conditions or regulation prescribed by the State
Board of Agriculture, in accordance with the provisions of NRS 555.500 to 555.540,
inclusive, is guilty of a misdemeanor.
(Added to NRS by 1969, 481)