Nrs: Chapter 555 - Control Of Insects, Pests And Noxious Weeds

Link to law: https://www.leg.state.nv.us/NRS/NRS-555.html
Published: 2015

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[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)