[Rev. 11/21/2013 12:28:15
PM--2013]
CHAPTER 588 - COMMERCIAL FERTILIZERS AND
AGRICULTURAL MINERALS
GENERAL PROVISIONS
NRS 588.010 Definitions.
NRS 588.020 “Agricultural
minerals” defined.
NRS 588.030 “Auxiliary
plant chemicals” defined.
NRS 588.040 “Brand”
defined.
NRS 588.050 “Commercial
fertilizers” defined.
NRS 588.061 “Department”
defined.
NRS 588.065 “Director”
defined.
NRS 588.070 “Distributor”
defined.
NRS 588.080 “Grade”
defined.
NRS 588.090 “Manures”
defined.
NRS 588.100 “Official
sample” defined.
NRS 588.110 “Percent”
and “percentage” defined.
NRS 588.121 “Restricted-use
commercial fertilizer or agricultural mineral” defined.
NRS 588.130 “Sell”
and “sale” defined.
NRS 588.140 “Soil
amendments” defined.
NRS 588.145 “Substance”
defined.
NRS 588.150 “Ton”
defined.
ADMINISTRATION
NRS 588.160 Director
administers chapter.
NRS 588.162 Jurisdiction
of Director over distribution, sale and transportation of commercial
fertilizers and agricultural minerals.
NRS 588.164 Regulations:
Application and distribution of injurious and detrimental commercial
fertilizers and agricultural minerals; classification of restricted-use
commercial fertilizers and agricultural minerals; additional authority to carry
out chapter.
NRS 588.168 Elimination
of dangerous, nonbeneficial or misrepresented commercial fertilizers and
agricultural minerals; program for evaluation of commercial fertilizers and
agricultural minerals.
REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER OR
AGRICULTURAL MINERAL
NRS 588.170 Registration
of brand and grade: Requirement; fees; provision of copy; expiration.
NRS 588.180 Application:
Contents; analysis of commercial fertilizers.
NRS 588.190 Application:
Analysis of agricultural minerals.
NRS 588.192 Cancellation,
denial or suspension of registration: Grounds.
NRS 588.194 Cancellation
or denial of registration: Fraudulent or deceptive practices to evade chapter.
SALE AND DISTRIBUTION
NRS 588.200 Labels
or tags: Attachment; statements thereon; bulk distribution.
NRS 588.210 Fees;
exemptions; forms for reporting sales.
NRS 588.215 Exemption
of fertilizers and minerals not for agricultural purposes.
NRS 588.230 Sampling
and analysis: Powers and duties of Director; methods.
NRS 588.240 Assessment
and payment of penalties when fertilizer or mineral is short of guaranteed
analysis; appeal.
NRS 588.250 Annual
determination and publication of values per pound of nitrogen, phosphoric acid
and soluble potash.
NRS 588.260 Unlawful
distribution of misbranded commercial fertilizer or agricultural mineral.
NRS 588.270 Publication
of reports by Director; nondisclosure of information concerning operation of
business.
NRS 588.290 Penalty
for short weight.
NRS 588.295 Restricted-use
commercial fertilizers and agricultural minerals: Registration of seller,
distributor or deliverer; fees; records of sales; reports.
NRS 588.297 Restricted-use
commercial fertilizers and agricultural minerals: Denial, suspension or
revocation of registration.
ENFORCEMENT
NRS 588.320 Seizure
of commercial fertilizer or agricultural mineral not in compliance with
chapter: Complaint to court; methods of disposal.
NRS 588.330 Violations:
Notice; hearing; prosecution; injunctive relief.
NRS 588.340 Applicability.
NRS 588.350 Penalty.
_________
GENERAL PROVISIONS
NRS 588.010 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 588.020 to 588.150, inclusive, have the meanings ascribed to them
in those sections.
[Part 2:203:1951]—(NRS A 1975, 359; 1977, 187; 1993, 1791; 1999, 3733; 2003, 413)
NRS 588.020 “Agricultural minerals” defined. “Agricultural
minerals” means substances, mixtures of mineral substances, and mixtures of
mineral and organic substances, containing less than 5 percent in available
form of nitrogen, phosphorus pentoxide, or potassium oxide, singly,
collectively, or in combination, except sand and soil, unless otherwise
authorized by the Director.
[Part 2:203:1951]—(NRS A 1993, 1791; 1999, 3733)
NRS 588.030 “Auxiliary plant chemicals” defined. “Auxiliary
plant chemicals” means substances such as hormones, auxins, materials for
reducing preharvest drop of fruit, materials for promoting rooting of cuttings,
bacterial inoculants, and similar products intended to be used for influencing
plantlife.
[Part 2:203:1951]
NRS 588.040 “Brand” defined. “Brand”
means any and all words, terms, designs or trademarks used in connection with
one or several grades of fertilizers or agricultural minerals.
[Part 2:203:1951]—(NRS A 1963, 36)
NRS 588.050 “Commercial fertilizers” defined. “Commercial
fertilizers” means substances and mixtures of substances containing 5 percent
or more of nitrogen, available phosphoric acid, phosphorus pentoxide, or
potassium oxide soluble in distilled water, singly, collectively, or in
combination, excepting manures, hays, straws, peat and leaf mold.
[Part 2:203:1951]
NRS 588.061 “Department” defined. “Department”
means the State Department of Agriculture.
(Added to NRS by 1999, 3733)
NRS 588.065 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 1999, 3733)
NRS 588.070 “Distributor” defined. “Distributor”
means any person who offers for sale, sells, barters or otherwise supplies
commercial fertilizers or agricultural minerals.
[Part 2:203:1951]
NRS 588.080 “Grade” defined.
1. As related to fertilizers, “grade”
means the minimum percentage of total nitrogen, available phosphorus or
phosphoric acid and soluble potassium or soluble potash stated in the order
given in this subsection and, when applied to mixed fertilizers, shall be in
whole numbers only.
2. As related to agricultural minerals,
“grade” means the minimum percentage of guaranteed analysis determined as
provided in NRS 588.190.
[Part 2:203:1951]—(NRS A 1963, 36)
NRS 588.090 “Manures” defined. “Manures”
means the excreta of domestic animals or domestic fowls when not artificially
mixed with any material or materials other than those which have been used for
bedding, sanitary or feeding purposes for animals or fowls or for the
preservation of manure.
[Part 2:203:1951]
NRS 588.100 “Official sample” defined. “Official
sample” means any sample of commercial fertilizer or agricultural mineral taken
by the Director or his or her agent according to the methods prescribed by the
Director.
[Part 2:203:1951]—(NRS A 1993, 1791; 1999, 3733)
NRS 588.110 “Percent” and “percentage” defined. “Percent”
or “percentage” means the percentage by weight.
[Part 2:203:1951]
NRS 588.121 “Restricted-use commercial fertilizer or agricultural mineral”
defined. “Restricted-use
commercial fertilizer or agricultural mineral” means a commercial fertilizer or
agricultural mineral classified for restricted use pursuant to NRS 588.164.
(Added to NRS by 2003, 410)
NRS 588.130 “Sell” and “sale” defined. “Sell”
or “sale” includes exchange.
[Part 2:203:1951]
NRS 588.140 “Soil amendments” defined. “Soil
amendments” means all substances except those included within NRS 588.020, 588.030, 588.050 and 588.090, and
includes hays, straws, peat, leaf mold, sand and soil.
[Part 2:203:1951]
NRS 588.145 “Substance” defined. “Substance”
means any material or mixture of materials which is intended to be used to
promote or stimulate the growth of plants, to increase the productiveness of
plants, to improve the quality of crops or to produce any chemical or physical
change in the soil.
(Added to NRS by 1975, 359)
NRS 588.150 “Ton” defined. “Ton”
means a net ton of 2,000 pounds avoirdupois.
[Part 2:203:1951]
ADMINISTRATION
NRS 588.160 Director administers chapter. The
provisions of this chapter must be administered by the Director.
[Part 1:203:1951]—(NRS A 1961, 576; 1993, 1791; 1999, 3733)
NRS 588.162 Jurisdiction of Director over distribution, sale and
transportation of commercial fertilizers and agricultural minerals. The Director has jurisdiction in all matters
pertaining to the distribution, sale and transportation of commercial fertilizers
and agricultural minerals pursuant to this chapter.
(Added to NRS by 2003, 410)
NRS 588.164 Regulations: Application and distribution of injurious and
detrimental commercial fertilizers and agricultural minerals; classification of
restricted-use commercial fertilizers and agricultural minerals; additional
authority to carry out chapter.
1. The Director shall adopt regulations
governing the application and distribution of any commercial fertilizer or
agricultural mineral which the Director finds must necessarily be applied as a
commercial fertilizer or agricultural mineral but which, unless carefully used,
is likely to be:
(a) Injurious to persons, pollinating insects,
bees, animals, crops or land; or
(b) Detrimental to:
(1) Vegetation, except weeds;
(2) Wildlife; or
(3) Public health and safety.
2. The Director in classifying commercial
fertilizers and agricultural minerals as restricted-use commercial fertilizers
or agricultural minerals shall determine whether:
(a) The commercial fertilizer or agricultural
mineral is highly toxic to humans or other animals, including wildlife;
(b) The regulations governing the application and
distribution of the commercial fertilizer or agricultural mineral are
reasonably calculated to avoid injury and are necessary for the proper use of
the commercial fertilizer or agricultural mineral;
(c) The benefit from the use of the commercial
fertilizer or agricultural mineral is of greater value to the public than the
detriment to the environment or the public health and safety from the use of
the commercial fertilizer or agricultural mineral; and
(d) The commercial fertilizer or agricultural
mineral can be used for harmful purposes other than its registered purposes.
3. The Director may adopt such other
regulations as are necessary to carry out the provisions of this chapter,
including, without limitation, regulations governing:
(a) The collection and examination of commercial
fertilizers and agricultural minerals;
(b) The types of containers and packages required
to be used for specific commercial fertilizers or agricultural minerals,
including, without limitation, requirements concerning the construction,
strength and size of the containers and packages to avoid the danger of
spillage, breakage or misuse;
(c) The safe handling, transportation, storage,
display, distribution and disposal of commercial fertilizers and agricultural
minerals and their containers; and
(d) The information required to be recorded and
maintained concerning the sale, use and distribution of restricted-use
commercial fertilizers and agricultural minerals.
(Added to NRS by 2003, 411)
NRS 588.168 Elimination of dangerous, nonbeneficial or misrepresented
commercial fertilizers and agricultural minerals; program for evaluation of
commercial fertilizers and agricultural minerals. The
Director shall:
1. Eliminate from use in this state any
commercial fertilizer or agricultural mineral that the Director finds:
(a) Endangers the agricultural or nonagricultural
environment;
(b) Is not beneficial for the purposes for which
it is sold; or
(c) Is misrepresented.
2. In carrying out the duties set forth in
subsection 1, develop a program for the continual evaluation of all commercial
fertilizers and agricultural minerals the brands and grades of which have been
registered pursuant to NRS 588.170.
(Added to NRS by 2003, 410)
REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER OR
AGRICULTURAL MINERAL
NRS 588.170 Registration of brand and grade: Requirement; fees; provision of
copy; expiration.
1. Each brand and grade of commercial
fertilizer or agricultural mineral must be registered with the Department
before being offered for sale, sold or distributed in this state.
2. An application for registration must be
submitted to the Director on a form furnished by the Director, and, except as
otherwise provided in subsection 3, must be accompanied by a registration fee
in an amount to be fixed annually by the Director for each combined
registration of brand and grade.
3. A person who offers a commercial
fertilizer or agricultural mineral for sale before registering the brand and
grade of the commercial fertilizer or agricultural mineral shall pay an amount
equal to twice the otherwise applicable registration fee for registering the
brand and grade of the commercial fertilizer or agricultural mineral.
4. Upon approval by the Director, a copy
of the registration must be furnished to the applicant.
5. All registrations expire on June 30 of
each year.
[Part 3:203:1951]—(NRS A 1961, 576; 1963, 36; 1977,
261; 1983, 405; 1993,
1791; 1999,
3601, 3733;
2003, 413)
NRS 588.180 Application: Contents; analysis of commercial fertilizers.
1. The application must include the
following information in the following order:
(a) The name and address of the person
guaranteeing the registration.
(b) The brand and grade.
(c) The guaranteed analysis showing the minimum
percentage and source of plant food claimed in the following order and form:
Total nitrogen: Percentage ........,
source ........
Available phosphoric acid:
Percentage ........, source ......
Soluble potash: Percentage ........,
source ........
2. Fertilizer materials containing only
one plant food element and recognized by their chemical names are not required
to be guaranteed for the plant food element contained therein.
3. Unacidulated mineral phosphatic
materials and basic slag must be guaranteed as to both total and available
phosphoric acid, and the degree of fineness.
4. In the case of bone, tankage and other
natural organic phosphate materials, only the total phosphoric acid is required
to be guaranteed.
5. Additional plant food elements,
determined by chemical methods, may be guaranteed only by permission of the
Director. If any of those additional plant foods are claimed, they must be
included in the guarantee, and are subject to inspection and analysis in
accordance with the methods and regulations that may be prescribed by the
Director.
6. The Director may permit or require the
potential basicity or acidity, expressed in terms of calcium carbonate
equivalent in multiples of 100 pounds per ton, to be registered and guaranteed.
[Part 3:203:1951]—(NRS A 1961, 576; 1963, 37; 1975,
360; 1993, 1791;
1999, 3734)
NRS 588.190 Application: Analysis of agricultural minerals. The guaranteed analysis of agricultural
minerals must be stated as follows:
1. Limestone, limerock, chalk, dolomite,
dolomitic limestone, marl, oystershell, shells and every other agricultural mineral,
the principal constituent of which is calcium carbonate, the percentage of
calcium carbonate therein.
2. Burnt lime, quicklime, and every
agricultural mineral, the principal constituent of which is calcium oxide, the
percentage of calcium oxide therein.
3. Hydrated lime, slacked lime, and every
agricultural mineral, the principal constituent of which is calcium hydroxide,
the percentage of calcium hydroxide therein.
4. By-products in the manufacture of sugar
or acetylene and every other agricultural mineral obtained as a by-product, the
principal constituent of which is a compound of calcium, the neutralizing
powers expressed as calcium carbonate equivalent.
5. Gypsum, land plaster, plaster, and
every agricultural mineral, the principal constituent of which is calcium
sulfate, the percentage of calcium sulfate dihydrate (CaSO4-2H2O) therein.
6. Sulfur, brimstone, and every
agricultural mineral, the principal ingredient of which is elemental sulfur,
the percentage of elemental sulfur therein.
7. In the case of any agricultural mineral
not specifically mentioned herein, the percentage of all constituents claimed
to be therein in terms or equivalent as prescribed by the Director.
8. In the case of any mixture of two or
more agricultural minerals, the percentage of each principal constituent as
prescribed in this section.
[Part 3:203:1951]—(NRS A 1961, 577; 1975, 360; 1993, 1792; 1999, 3734)
NRS 588.192 Cancellation, denial or suspension of registration: Grounds.
1. The Director may, after a hearing,
cancel the registration of, or refuse to register, the brand and grade of any
commercial fertilizer or agricultural mineral if the Director finds that:
(a) The commercial fertilizer or agricultural
mineral has demonstrated serious uncontrollable adverse effects within or
outside the agricultural environment;
(b) The use of the commercial fertilizer or
agricultural mineral is of less value to the public or greater detriment to the
environment than the benefit received by its use;
(c) There is a reasonably effective and
practicable alternate material which is demonstrably less destructive to the
environment;
(d) The commercial fertilizer or agricultural
mineral, if properly used, is detrimental to:
(1) Vegetation, except weeds;
(2) Domestic animals; or
(3) Public health and safety;
(e) The commercial fertilizer or agricultural
mineral is of little or no value for the purpose for which it is intended; or
(f) Any false or misleading statement concerning
the commercial fertilizer or agricultural mineral has been made or implied by
the registrant or an agent of the registrant, or by the applicant for
registration, orally or in writing, or in the form of any advertising.
2. In making any such determination, the
Director may require such practical demonstrations as are necessary to
determine the facts.
3. If the Director has reason to believe
that any of the findings described in subsection 1 are applicable to any
commercial fertilizer or agricultural mineral the brand and grade of which is
registered and that the use or continued use of the commercial fertilizer or
agricultural mineral constitutes an immediate substantial danger to any person
or the environment, the Director may, after notice to the registrant, suspend
the registration of the brand and grade of the commercial fertilizer or
agricultural mineral pending a hearing and final decision.
(Added to NRS by 2003, 410)
NRS 588.194 Cancellation or denial of registration: Fraudulent or deceptive
practices to evade chapter. The
Director may cancel the registration of any brand of commercial fertilizer or
agricultural mineral or refuse to register any brand of commercial fertilizer
or agricultural mineral, as provided in this chapter, upon satisfactory
evidence that the registrant has used fraudulent or deceptive practices in the
evasion or attempted evasion of the provisions of this chapter or any rules and
regulations adopted pursuant thereto, but no registration may be revoked or
refused until the registrant has been given the opportunity to appear at a
hearing held by the Director.
[14:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)—(Substituted
in revision for NRS 588.300)
SALE AND DISTRIBUTION
NRS 588.200 Labels or tags: Attachment; statements thereon; bulk
distribution.
1. Any commercial fertilizer or
agricultural mineral offered for sale, sold or distributed in this state in
bags, barrels or other containers shall have placed or affixed to the container
in written or printed form the net weight and the information required by paragraphs
(a), (b) and (c) of subsection 1 of NRS 588.180 or
subsection 4 of NRS 588.190 either:
(a) On tags affixed to the end of the package
between the ears or on the sewed end; or
(b) Directly on the package, in which case, for
bags containing 50 pounds or more, the grade shall appear also on the end of
the package in type that is plainly legible.
2. If distributed in bulk, a written or
printed statement of the weight and the information required by paragraphs (a),
(b) and (c) of subsection 1 of NRS 588.180 or
subsection 4 of NRS 588.190 shall accompany
delivery and be supplied to the purchaser.
[4:203:1951]
NRS 588.210 Fees; exemptions; forms for reporting sales.
1. There must be paid to the Department
for all commercial fertilizers offered for sale, sold or distributed in this
state a fee established by regulation of the State Board of Agriculture for
each ton sold, but sales to manufacturers or exchanges between them are exempt.
2. There must be paid to the Department
for all agricultural minerals offered for sale, sold or distributed in this
state a fee established by regulation of the State Board of Agriculture. The
regulations must specify the amount of the fee for each ton of agricultural
minerals that is sold in packages and the amount of the fee for each ton of
those minerals that is sold in bulk, but sales to manufacturers or exchanges
between them are exempt.
3. The Department shall prepare suitable
forms for reporting sales and, on request, shall furnish the forms without cost
to all persons dealing in registered brands of commercial fertilizers or
agricultural minerals.
[5:203:1951]—(NRS A 1961, 578; 1971, 119; 1977, 261; 1993, 1793; 1999, 3601, 3735)
NRS 588.215 Exemption of fertilizers and minerals not for agricultural
purposes. Those commercial
fertilizers and agricultural minerals not used for agricultural purposes are exempt
from the license fee and reporting requirements of NRS
588.210.
(Added to NRS by 1971, 119)
NRS 588.230 Sampling and analysis: Powers and duties of Director; methods.
1. The Director, who may act through an
authorized agent, shall sample, inspect, make analyses of and test commercial
fertilizers and agricultural minerals distributed within this state at such
time and place and to such an extent as the Director may deem necessary to
determine whether those commercial fertilizers and agricultural minerals are in
compliance with the provisions of this chapter. The Director or the agent may
enter upon any public or private premises during regular business hours in
order to have access to commercial fertilizers and agricultural minerals
subject to the provisions of this chapter and the rules and regulations adopted
pursuant thereto.
2. The methods of analysis must be those
adopted by the Director from sources such as those of the Association of
Official Agricultural Chemists.
3. The Director, in determining for
administrative purposes whether any commercial fertilizer or agricultural
mineral is deficient in plant food, must be guided solely by the official
sample as defined in NRS 588.100, and obtained and
analyzed as provided for in subsection 2 of this section.
4. The results of official analysis of any
commercial fertilizer or agricultural mineral which has been found to be
subject to penalty or other legal action must be forwarded by the Director to
the registrant at least 10 days before the report is submitted to the
purchaser. If during that period no adequate evidence to the contrary is made
available to the Director, the report becomes official.
5. Upon request, the Director shall
furnish to the registrant a portion of any sample found subject to penalty or
other legal action.
[7:203:1951]—(NRS A 1961, 578; 1993, 1793; 1999, 3735)
NRS 588.240 Assessment and payment of penalties when fertilizer or mineral
is short of guaranteed analysis; appeal.
1. If the analysis shows that any
commercial fertilizer or agricultural mineral falls short of the guaranteed
analysis in any one ingredient, a penalty must be assessed in accordance with
the following provisions:
(a) Total nitrogen: A penalty of 3 times the
value of the deficiency, if the deficiency is in excess of 0.020 of 1 percent
on goods that are guaranteed 2 percent; 0.25 of 1 percent on goods that are
guaranteed 3 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent;
0.40 of 1 percent on goods that are guaranteed 5 percent up to and including 8
percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and
including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30
percent.
(b) Available phosphoric acid: A penalty of 3
times the value of the deficiency, if the deficiency exceeds 0.40 of 1 percent
on goods that are guaranteed up to and including 10 percent; 0.50 of 1 percent
on goods that are guaranteed above 10 percent up to and including 25 percent;
and 0.75 of 1 percent on goods guaranteed over 25 percent.
(c) Soluble potash: A penalty of 3 times the
value of the deficiency, if the deficiency is in excess of 0.20 of 1 percent on
goods that are guaranteed 2 percent; 0.30 of 1 percent on goods that are
guaranteed 3 percent; 0.40 of 1 percent on goods that are guaranteed 4 percent;
0.50 of 1 percent on goods guaranteed above 4 percent up to and including 8
percent; 0.60 of 1 percent on goods guaranteed above 8 percent up to and
including 20 percent; and 1 percent on goods guaranteed over 20 percent.
(d) Deficiencies in any other constituent or
constituents covered under NRS 588.190 which the
registrant is required to or may guarantee must be evaluated by the Director
and penalties therefor must be prescribed by the Director.
2. The provisions of this section do not
prevent any person from appealing to a court of competent jurisdiction praying
for judgment as to the justification of the penalties.
3. All penalties assessed under this
section must be paid to the consumer of the lot of commercial fertilizer or
agricultural mineral represented by the sample analyzed within 3 months after
the date of the notice from the Director to the registrant, and a receipt taken
therefor and promptly forwarded to the Director. If the consumer cannot be
found, the amount of the penalty must be paid to the Department.
[8:203:1951]—(NRS A 1960, 33; 1961, 578; 1993, 1793; 1999, 3736)
NRS 588.250 Annual determination and publication of values per pound of
nitrogen, phosphoric acid and soluble potash. To
determine the commercial values to be applied under the provisions of NRS 588.240, the Director shall determine and publish
annually the values per pound of nitrogen, phosphoric acid, and soluble potash
in commercial fertilizers or agricultural minerals in this state. The values
determined and published must be used in determining and assessing penalties.
[9:203:1951]—(NRS A 1961, 579; 1993, 1794; 1999, 3737)
NRS 588.260 Unlawful distribution of misbranded commercial fertilizer or
agricultural mineral.
1. A commercial fertilizer or agricultural
mineral is misbranded if it carries any false or misleading statement upon or
attached to the container or in any advertising matter accompanying or
associated with the commercial fertilizer or agricultural mineral.
2. A commercial fertilizer is misbranded
if it carries upon or attached to the container any numerical designation or
design as part of the grade other than that referring to nitrogen, available
phosphorus or phosphoric acid or soluble potassium or soluble potash.
3. It shall be unlawful to sell, offer to
sell or distribute a misbranded commercial fertilizer or agricultural mineral.
[10:203:1951]—(NRS A 1975, 361)
NRS 588.270 Publication of reports by Director; nondisclosure of information
concerning operation of business.
1. At least annually, the Director shall
publish, in such form as the Director may deem proper:
(a) Information concerning the sales of
commercial fertilizers and agricultural minerals, together with such data on
their production and use as the Director may consider advisable.
(b) A report of the results of the analyses based
on official samples of commercial fertilizers or agricultural minerals sold
within the State as compared with the analyses guaranteed under NRS 588.170 to 588.200,
inclusive.
2. The information concerning production
and use of commercial fertilizers or agricultural minerals must be shown
separately for the periods from July 1 to December 31 and from January 1 to
June 30 of each year.
3. No disclosure may be made of the
operations of any person.
[11:203:1951]—(NRS A 1961, 579; 1993, 1794; 1999, 3737)
NRS 588.290 Penalty for short weight. If
any commercial fertilizer or agricultural mineral in the possession of the
consumer is found by the Director to be short in weight, the registrant of the
commercial fertilizer or agricultural mineral shall, within 30 days after
notice from the Director, pay to the consumer a penalty equal to 4 times the
value of the actual shortage.
[13:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)
NRS 588.295 Restricted-use commercial fertilizers and agricultural minerals:
Registration of seller, distributor or deliverer; fees; records of sales;
reports.
1. It is unlawful for any person to sell
or offer to sell at retail, or to distribute or deliver for transportation for
delivery to the consumer or user, a restricted-use commercial fertilizer or
agricultural mineral unless the person is registered with the Director.
2. Each person applying for registration
must provide the Director with a registration statement that includes:
(a) The name and address of the person
registering; and
(b) The name and address of any person who, on
behalf of the person registering, sells, offers to sell, distributes or
delivers for transportation a restricted-use commercial fertilizer or
agricultural mineral.
3. All such registrations expire on
December 31 of each year and are renewable annually.
4. Each person registering with the
Director must pay:
(a) An annual registration fee established by
regulation of the State Board of Agriculture; and
(b) A penalty fee established by regulation of
the State Board of Agriculture if the person failed to renew the person’s
previous registration on or before February 1 next following its expiration,
unless the registration is accompanied by a signed statement that no person
named on the registration statement has sold or distributed any restricted-use
commercial fertilizer or agricultural mineral during the period the
registration was not in effect.
5. Each person registered pursuant to this
section shall maintain for at least 2 years a record of all sales of
restricted-use commercial fertilizers or agricultural minerals showing:
(a) The date of sale or delivery of the
restricted-use commercial fertilizer or agricultural mineral;
(b) The name and address of the person to whom
the restricted-use commercial fertilizer or agricultural mineral was sold or
delivered;
(c) The brand name of the restricted-use
commercial fertilizer or agricultural mineral sold or delivered;
(d) The amount of the restricted-use commercial
fertilizer or agricultural mineral sold or delivered; and
(e) Such other information as may be required by
the Director.
6. Each person registered pursuant to this
section shall, on or before the date specified for each reporting period
established pursuant to subsection 7, file a report with the Director
specifying the restricted-use commercial fertilizers or agricultural minerals
that the person sold during the reporting period. The Director shall provide
the form for the report. The report must be filed regardless of whether the
person sold any commercial fertilizers or agricultural minerals during the
reporting period.
7. The Director shall adopt regulations
establishing reporting periods and dates for filing reports pursuant to
subsection 6.
(Added to NRS by 2003, 412)
NRS 588.297 Restricted-use commercial fertilizers and agricultural minerals:
Denial, suspension or revocation of registration. The
Director may refuse to grant or renew a registration pursuant to NRS 588.295 or may suspend or revoke the registration
if, after notice and a hearing, the Director finds that:
1. The person registered has, without
reasonable cause, failed to record information as required by NRS 588.295 or a regulation adopted by the Director;
2. The person registered has made a false
entry in a required record; or
3. The applicant for registration has made
a sale or delivery of a restricted-use commercial fertilizer or agricultural
mineral without registering with the Director.
(Added to NRS by 2003, 413)
ENFORCEMENT
NRS 588.320 Seizure of commercial fertilizer or agricultural mineral not in
compliance with chapter: Complaint to court; methods of disposal.
1. Any lot of commercial fertilizer or
agricultural mineral not in compliance with the provisions of this chapter is
subject to seizure upon the complaint of the Director to a court of competent
jurisdiction in the area in which the commercial fertilizer or agricultural
mineral is located.
2. If the court finds that the commercial
fertilizer or agricultural mineral does not comply with the provisions of this
chapter and orders the condemnation of the commercial fertilizer or
agricultural mineral, it must be disposed of in any manner consistent with the
quality of the commercial fertilizer or agricultural mineral and the laws of
this state.
3. In no instance may the disposition of
the commercial fertilizer or agricultural mineral be ordered by the court
without giving the claimant an opportunity to apply to the court for release of
the commercial fertilizer or agricultural mineral, or for permission to process
or relabel the commercial fertilizer or agricultural mineral, to bring it into
compliance with the provisions of this chapter.
[16:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)
NRS 588.330 Violations: Notice; hearing; prosecution; injunctive relief.
1. If it appears from the examination of
any commercial fertilizer or agricultural mineral that any of the provisions of
this chapter or the rules and regulations adopted pursuant thereto have been
violated, the Director shall cause notice of the violations to be given to the
registrant, distributor or possessor from whom the sample was taken. Any person
so notified must be given an opportunity to be heard under such rules and
regulations as may be prescribed by the Director. If it appears after the
hearing, in the presence or absence of the person so notified, that any of the
provisions of this chapter or the rules and regulations adopted pursuant
thereto have been violated, the Director may certify the facts to the proper
district attorney.
2. The provisions of this chapter do not require
the Director or a representative of the Director to report for prosecution, or
for the institution of seizure proceedings, minor violations of this chapter if
he or she believes that the public interest will be best served by a suitable
notice of warning in writing.
3. Each district attorney to whom any
violation is reported shall cause appropriate proceedings to be instituted and
prosecuted in a court of competent jurisdiction without delay.
4. The Director may apply for and the
court may grant a temporary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this chapter or any
rule or regulation adopted pursuant to this chapter notwithstanding the
existence of other remedies at law. The injunction must be issued without bond.
[17:203:1951]—(NRS A 1961, 581; 1993, 1795; 1999, 3738)
NRS 588.340 Applicability. Nothing
in this chapter shall be construed:
1. To restrict or avoid sales or exchanges
of commercial fertilizers or agricultural minerals to each other by importers,
manufacturers or manipulators who mix fertilizer materials for sale; or
2. As preventing the free and unrestricted
shipment of commercial fertilizers or agricultural minerals to manufacturers or
manipulators who have registered their brands as required by the provisions of
this chapter.
[18:203:1951]
NRS 588.350 Penalty. Any person
violating any provisions of this chapter shall be guilty of a misdemeanor.
[20:203:1951]
