Nevada Pest Control Licensing Law

Nevada Code · 98 sections

The following is the full text of Nevada’s pest control licensing law statutes as published in the Nevada Code. For the official version, see the Nevada Legislature.

NRS 113.150

NRS

113.150

Remedies for sellers delayed disclosure or nondisclosure of defects in property; waiver.

If a seller or the sellers agent fails to serve a completed disclosure form in accordance with the requirements of NRS 113.130 , the purchaser may, at any time before the conveyance of the property to the purchaser, rescind the agreement to purchase the property without any penalties.
If, before the conveyance of the property to the purchaser, a seller or the sellers agent informs the purchaser or the purchasers agent, through the disclosure form or another written notice, of a defect in the property of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser may:

(a) Rescind the agreement to purchase the property at any time before the conveyance of the property to the purchaser; or

(b) Close escrow and accept the property with the defect as revealed by the seller or the sellers agent without further recourse.

Rescission of an agreement pursuant to subsection 2 is effective only if made in writing, notarized and served not later than 4 working days after the date on which the purchaser is informed of the defect:

(a) On the holder of any escrow opened for the conveyance; or

(b) If an escrow has not been opened for the conveyance, on the seller or the sellers agent.

Except as otherwise provided in subsection 5, if a seller conveys residential property to a purchaser without complying with the requirements of NRS 113.130 or otherwise providing the purchaser or the purchasers agent with written notice of all defects in the property of which the seller is aware, and there is a defect in the property of which the seller was aware before the property was conveyed to the purchaser and of which the cost of repair or replacement was not limited by provisions in the agreement to purchase the property, the purchaser is entitled to recover from the seller treble the amount necessary to repair or replace the defective part of the property, together with court costs and reasonable attorneys fees. An action to enforce the provisions of this subsection must be commenced not later than 1 year after the purchaser discovers or reasonably should have discovered the defect or 2 years after the conveyance of the property to the purchaser, whichever occurs later.
A purchaser may not recover damages from a seller pursuant to subsection 4 on the basis of an error or omission in the disclosure form that was caused by the sellers reliance upon information provided to the seller by:

(a) An officer or employee of this State or any political subdivision of this State in the ordinary course of his or her duties; or

(b) A contractor, engineer, land surveyor, certified inspector as defined in NRS 645D.040 or pesticide applicator, who was authorized to practice that profession in this State at the time the information was provided.

A purchaser of residential property may waive any of his or her rights under this section. Any such waiver is effective only if it is made in a written document that is signed by the purchaser and notarized.

(Added to NRS by 1995, 843 ; A 1997, 350 , 1797 )

NRS 119.140

NRS

119.140

License: Required information; application; fee.

Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the Division:

The name and address of each person owning or controlling an interest of 10 percent or more.
The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.
The legal description and area of lands.
A true statement of the condition of the title to the land, including all encumbrances thereon.
A true statement of the terms and conditions on which it is intended to dispose of the land and copies of the instruments which will be delivered to a purchaser to evidence his or her interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.
A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.
A true statement of the use for which the proposed subdivision will be offered.
A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.
A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a licensed civil engineer.
A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any on-site or off-site improvement, or any community or recreational facility, and the names and addresses of the holders of the indebtedness together with an indication of their relationship, if any, to the owner and subdivider.
A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to the subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.
A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.
Such other information as the owner, his or her agent or subdivider may wish to present.
A completed application for a license in such form and containing such additional information as the Division may require on its filing forms.
The fees prescribed by this chapter.

(Added to NRS by 1971, 1405 ; A 1973, 1753 ; 1983, 1679 ; 1997, 1061 )

NRS 244.35253

NRS

244.35253

Powers of commissioners to license, tax and regulate cannabis and cannabis products, production, registries and establishments.

Except as otherwise provided in this section, a board of county commissioners shall not fix, impose or collect a license tax for revenue or for regulation, or for both revenue and regulation, on a cannabis establishment located in the county.
Except as otherwise provided in subsection 3, a board of county commissioners may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on a cannabis establishment located in the county outside of the limits of incorporated cities as a:

(a) Flat fee;

(b) Percentage of the gross revenue of the cannabis establishment; or

The total amount of a license tax imposed on a cannabis establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the cannabis establishment, as applicable.
A board of county commissioners may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis and cannabis products.
In addition to any amount of money collected as a license tax pursuant to subsection 2, a board of county commissioners may fix, impose and collect:

(a) Any fees required pursuant to chapter 278 of NRS;

(b) A one-time flat fee for an application for the issuance of a business license for a cannabis establishment located in the county outside of the limits of incorporated cities in an amount that does not exceed any similar fee imposed on a business pursuant to this chapter and chapter 369 of NRS; and

(c) A licensing tax for a business activity engaged in by a cannabis establishment located in the county outside of the limits of incorporated cities for which licensing pursuant to chapter 678B of NRS is not required only if:

(1) The board of county commissioners is granted the authority to require such a license by some other provision of law; and

(2) The amount of the licensing tax does not exceed the amount imposed by the board of county commissioners on other similar businesses.

A board of county commissioners shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:

(a) The packaging, labeling, testing, dosage or potency of cannabis or cannabis products;

(b) The kinds of cannabis or cannabis products authorized to be sold pursuant to title 56 of NRS;

(d) The tracking of cannabis from seed to sale;

(e) The transportation of cannabis or cannabis products other than the direct transportation of cannabis or cannabis products to a consumer and a requirement to notify the county of any transportation of cannabis or cannabis products;

(f) The issuance or verification of a registry identification card, letter of approval or written documentation;

(g) The training or certification of cannabis establishment agents or employees of a cannabis establishment;

(h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of cannabis establishments or holders of a registry identification card or letter of approval; or

(i) The content of any advertisement used by a cannabis establishment unless the ordinance sets forth specific prohibited content for such an advertisement.

A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
As used in this section:

(a) Cannabis has the meaning ascribed to it in NRS 678A.085 .

(b) Cannabis establishment has the meaning ascribed to it in NRS 678A.095 .

(d) Cannabis products has the meaning ascribed to it in NRS 678A.120 .

(e) Letter of approval has the meaning ascribed to it in NRS 678C.070 .

(f) Registry identification card has the meaning ascribed to it in NRS 678C.080 .

(g) Written documentation has the meaning ascribed to it in NRS 678C.110 .

(Added to NRS by 2017, 3669 , 3712 ,

3733 ; A 2019, 2346 , 3854 ;

2023, 2572 )

NRS 268.0977

NRS

268.0977

Cannabis establishments: License taxes; fees; exceptions.

Except as otherwise provided in this section, the governing body of an incorporated city, whether organized under general law or special charter, shall not fix, impose or collect for revenues or for regulation, or both, a license tax on a cannabis establishment located within its corporate limits.
Except as otherwise provided in subsection 3, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect for revenues or for regulation, or both, a license tax on a cannabis establishment located within its corporate limits as a:

(a) Flat fee;

(b) Percentage of the gross revenue of the cannabis establishment; or

The total amount of a license tax imposed on a cannabis establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the cannabis establishment, as applicable.
The governing body of an incorporated city, whether organized under general law or special charter, may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis and cannabis products.
In addition to any amount of money collected as a license tax pursuant to subsection 2, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect:

(a) Any fees required pursuant to chapter 278 of NRS;

(b) A one-time flat fee for an application for the issuance of a business license for a cannabis establishment located within its corporate limits in an amount that does not exceed any similar fee imposed on a business pursuant to this chapter and chapter 369 of NRS; and

(c) A licensing tax for a business activity engaged in by a cannabis establishment located within its corporate limits for which licensing pursuant to chapter 678B of NRS is not required only if:

(1) The governing body is granted the authority to require such a license by some other provision of law; and

(2) The amount of the licensing tax does not exceed the amount imposed by the governing body on other similar businesses.

The governing body of an incorporated city, whether organized under general law or special charter, shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:

(a) The packaging, labeling, testing, dosage or potency of cannabis or cannabis products;

(b) The kinds of cannabis products authorized to be sold pursuant to title 56 of NRS;

(d) The tracking of cannabis from seed to sale;

(e) The transportation of cannabis or cannabis products other than the direct transportation of cannabis or cannabis products to a consumer and a requirement to notify the city of any transportation of cannabis or cannabis products;

(f) The issuance or verification of a registry identification card, letter of approval or written documentation;

(g) The training or certification of cannabis establishment agents;

(i) The content of any advertisement used by a cannabis establishment unless the ordinance sets forth specific prohibited content for such an advertisement.

A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
As used in this section:

(a) Cannabis has the meaning ascribed to it in NRS 678A.085 .

(b) Cannabis establishment has the meaning ascribed to it in NRS 678A.095 .

(d) Cannabis products has the meaning ascribed to it in NRS 678A.120 .

(e) Letter of approval has the meaning ascribed to it in NRS 678C.070 .

(f) Registry identification card has the meaning ascribed to it in NRS 678C.080 .

(g) Written documentation has the meaning ascribed to it in NRS 678C.110 .

(Added to NRS by 2017, 3671 , 3715 ,

3736 ; A 2019, 2348 , 3859 ;

2023, 2573 )

NRS 269.225

NRS

269.225

Dogs: Tax; extermination when tax not paid.

The boards of county commissioners may levy and collect an annual tax on all dogs owned or kept within the limits of any unincorporated town in their respective counties, and provide for the extermination of all dogs for which the tax has not been paid.

[Part 1:48:1881; A 1889, 43 ; 1903, 55 ; 1919, 408 ; 1943, 65 ; 1951, 455 ]—(NRS A 1985, 265 )

NRS 318.116

NRS

318.116

Basic powers which may be granted to district.

Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by statute:

Furnishing electric light and power, as provided in NRS 318.117 ;
Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica , as provided in NRS 318.118 ;
Furnishing facilities or services for public cemeteries, as provided in NRS 318.119 ;
Furnishing facilities for swimming pools, as provided in NRS 318.1191 ;
Furnishing facilities for television, as provided in NRS 318.1192 ;
Furnishing facilities for FM radio, as provided in NRS 318.1187 ;
Furnishing streets and alleys, as provided in NRS 318.120 ;
Furnishing curbs, gutters and sidewalks, as provided in NRS 318.125 ;
Furnishing sidewalks, as provided in NRS 318.130 ;
Furnishing facilities for storm drainage or flood control, as provided in NRS 318.135 ;
Furnishing sanitary facilities for sewerage, as provided in NRS 318.140 ;
Furnishing facilities for lighting streets, as provided in NRS 318.141 ;
Furnishing facilities for the collection and disposal of garbage and refuse, as provided in NRS 318.142 ;
Furnishing recreational facilities, as provided in NRS 318.143 ;
Furnishing facilities for water, as provided in NRS 318.144 ;
Furnishing fencing, as provided in NRS 318.1195 ;
Furnishing facilities for protection from fire, as provided in NRS 318.1181 ;
Furnishing energy for space heating, as provided in NRS 318.1175 ;
Furnishing emergency medical services, as provided in NRS 318.1185 ;
Control of noxious weeds, as provided in chapter 555 of NRS; and
Establishing, controlling, managing and operating an area or zone for the preservation of one or more species or subspecies of wildlife that has been declared endangered or threatened pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq., as provided in NRS 318.1177 .

(Added to NRS by 1967, 1693 ; A 1969, 201 ; 1971, 261 ; 1977, 533 ; 1979, 571 ; 1985, 1803 ; 1989, 1881 ; 1993, 2783 ; 1995, 179 , 1905 ;

1997, 483 ; 2001, 2083 ; 2003, 1513 ; 2015, 3593 )

NRS 318.118

NRS

318.118

Insect and rat extermination and abatement.

In the case of a district created wholly or in part for exterminating and abating mosquitoes, flies, other insects, rats, and liver fluke or Fasciola hepatica , the board may:

(a) Take all necessary or proper steps for the extermination of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica from that territory migrate or are caused to be carried into the district;

(b) Subject to the paramount control of any county or city in which the district has jurisdiction, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica in the district or in territory not in the district but so situated with respect to the district that mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica

from that territory migrate or are caused to be carried into the district;

(c) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property or material necessary for any of those purposes;

(d) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals or ditches;

(e) Enter upon without hindrance any lands, within or without the district, for the purpose of inspection to ascertain whether breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica exist upon those lands;

(f) Abate public nuisances in accordance with this chapter;

(g) Ascertain if there has been a compliance with notices to abate the breeding of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

(h) Treat with oil, other larvicidal material, or other chemicals or other material any breeding places of mosquitoes, flies, other insects, rats, or liver fluke or Fasciola hepatica upon those lands;

(i) Sell or lease any land, rights-of-way, easements, property or material acquired by the district; and

(j) Sell real property pursuant to this subsection to the highest bidder at public auction after 5 days notice given by publication.

In connection with the basic power stated in this section, the district may:

(a) Levy annually a general ad valorem property tax of not exceeding:

(1) Fifteen cents on each $100 of assessed valuation of taxable property; or

(2) Twenty cents on each $100 of assessed valuation of taxable property if the board of county commissioners of each county in which the district is located approves such a tax in excess of 15 cents on each $100 of assessed valuation of taxable property.

(b) Levy a tax in addition to a tax authorized in paragraph (a), if the additional tax is authorized by the qualified electors of the district, as provided in subsections 4 to 7, inclusive.

The proceeds of any tax levied pursuant to the provisions of this section must be used for purposes pertaining to the basic purpose stated in this section, including, without limitation, the establishment and maintenance of:

(a) A cash-basis fund of not exceeding in any fiscal year 60 percent of the estimated expenditures for the fiscal year to defray expenses between the beginning of the fiscal year and the respective times tax proceeds are received in the fiscal year; and

(b) An emergency fund of not exceeding in any fiscal year 25 percent of the estimated expenditures for the fiscal year to defray unusual and unanticipated expenses incurred during epidemics or threatened epidemics from diseases from sources which the district may exterminate or abate.

Whenever it appears to the board of a district authorized to exercise the basic power stated in subsection 1 that the amount of money required during an ensuing fiscal year will exceed the amount that can be raised by a levy permitted by paragraph (a) of subsection 2, the board may:

(a) At a special election or the next primary or general election submit to the qualified electors of the district a question of whether a tax shall be voted for raising the additional money;

(b) Provide the form of the ballot for the election, which must contain the words Shall the district vote a tax to raise the additional sum of ........? or words equivalent thereto;

(d) Arrange other details in connection with the election.

A special election may be held only if the board determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the boards determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the board to prevent or mitigate a substantial financial loss to the district or to enable the board to provide an essential service to the residents of the district.
Except as otherwise provided in this chapter:

(a) The secretary of the district shall give notice of the election by publication and shall arrange such other details in connection with the election as the board may direct;

(b) The election board officers shall conduct the election in the manner prescribed by law for the holding of general elections and shall make their returns to the secretary of the district; and

(c) The board shall canvass the returns of the election at any regular or special meeting held within 6 working days following the date of the election, or at such later time as the returns are available for canvass, and shall declare the results of the election.

If a majority of the qualified electors of the district who voted on any proposition authorizing the additional tax voted in favor of the proposition, and the board so declares the result of the election:

(a) The district board shall report the result to the board of county commissioners of the county in which the district is situated, stating the additional amount of money required to be raised. If the district is in more than one county the additional amount must be prorated for each county by the district board in the same way that the districts original total estimate of money is prorated, and the district board shall furnish the board of county commissioners and auditor of each county a written statement of the apportionment for that county; and

(b) The board of county commissioners of each county receiving the written statement shall, at the time of levying county taxes, levy an additional tax upon all the taxable property of the district in the county sufficient to raise the amount apportioned to that county for the district.

The district shall not:

(a) Borrow money except for medium-term obligations pursuant to chapter 350 of NRS;

(b) Levy special assessments; or

The district may determine to cause an owner of any real property to abate any nuisance pertaining to the basic power stated in this section, after a hearing on a proposal for such an abatement and notice thereof by mail addressed to the last known owner or owners of record at the last known address or addresses of the owner or owners, as ascertained from any source the board deems reliable, or in the absence of the abatement within a reasonable period fixed by the board, to cause the district to abate the nuisance, as follows:

(a) At the hearing, the district board shall redetermine whether the owner must abate the nuisance and prevent its recurrence, and shall specify a time within which the work must be completed;

(b) If the nuisance is not abated within the time specified in the notice or at the hearing, the district board shall abate the nuisance by destroying the larvae or pupae, or otherwise, by taking appropriate measures to prevent the recurrence of further breeding;

(d) The money expended by the district in abating a nuisance or preventing its recurrence is a lien upon the property on which the nuisance is abated or its recurrence prevented;

(e) Notice of the lien must be filed and recorded by the district board in the office of the county recorder of the county in which the property is situated within 6 months after the first item of expenditure by the board;

(f) An action to foreclose the lien must be commenced within 6 months after the filing and recording of the notice of lien;

(g) The action must be brought by the district board in the name of the district;

(h) When the property is sold, enough of the proceeds to satisfy the lien and the costs of foreclosure must be paid to the district and the surplus, if any, must be paid to the owner of the property if known, and if not known, must be paid into the court in which the lien was foreclosed for the use of the owner if ascertained; and

(i) The lien provisions of this section do not apply to the property of any county, city, district or other public corporation, except that the governing body of the county, city, district or other public corporation shall repay to any district exercising the basic power stated in subsection 1 the amount expended by the district upon any of its property pursuant to this chapter upon presentation by the district board of a verified claim or bill.

(Added to NRS by 1967, 1694 ; A 1973, 13 ; 1993, 1061 ; 1995, 1815 ; 2007, 623 )

NRS 386.422

NRS

386.422

Integrated pest management defined.

As used in NRS 386.422 to 386.428 , inclusive, unless the context otherwise requires, integrated pest management means a strategy for controlling pests and weeds with minimal use of pesticides or herbicides.

(Added to NRS by 2019, 1941 )

NRS 386.424

NRS

386.424

Contents and maintenance of integrated pest management policy.

The board of trustees of each school district shall adopt and maintain an integrated pest management policy to provide pest and weed control on the property of the district. The integrated pest management policy must include, without limitation:

(a) The qualifications for a person to be authorized to apply pesticides or herbicides on any property belonging to the district;

(b) Information concerning the designation of and required training for a chief or subordinate integrated pest management coordinator appointed pursuant to NRS 386.426 ;

(c) A procedure for monitoring the property of the district to determine when pests or weeds are present and, when significant, for taking corrective action;

(d) Written guidelines for determining when to take specific measures to control pests and weeds, which must:

(1) Prioritize the use of preventive measures, including, without limitation, proper maintenance and sanitation to deny pests access to food, water and shelter;

(2) Require the use of nonchemical pest or weed management before using pesticides or herbicides; and

(3) Require any use of pesticides or herbicides to be carried out in a manner that creates the lowest possible risk to health and safety;

(e) A system for maintaining records of reports of inspections of facilities, work orders and service reports for pest or weed control services, applications of pesticides or herbicides and complaints concerning pesticides or herbicides, including, without limitation, rules concerning the length of time that such records must be maintained;

(f) A plan for educating and, if appropriate, training employees of the school district concerning their roles and duties concerning the integrated pest management policy; and

(g) A procedure to notify school employees, pupils, parents or guardians of pupils and other affected persons before any pesticide or herbicide is applied on the property of a school. Such notice may be provided by telephone, in writing or by electronic mail.

The superintendent of each school district and each chief and subordinate integrated pest management coordinator appointed pursuant to NRS 386.426 shall maintain a copy of the integrated pest management policy established pursuant to subsection 1.

(Added to NRS by 2019, 1941 )

NRS 386.426

NRS

386.426

Appointment and duties of chief and subordinate integrated pest management coordinators.

The superintendent of each school district:

(a) Shall appoint a chief integrated pest management coordinator to carry out the integrated pest management policy established pursuant to NRS 386.424 ; and

(b) May appoint subordinate integrated pest management coordinators to assist the chief integrated pest management coordinator in the performance of his or her duties.

An employee of the school district may be appointed as the chief integrated pest management coordinator or subordinate integrated pest management coordinator pursuant to subsection 1.
Not later than 90 days after appointing a chief or subordinate integrated pest management coordinator, the superintendent shall report to the Department:

(a) The name, address, telephone number and electronic mail address of the integrated pest management coordinator;

(b) The effective date of the appointment; and

A chief or subordinate integrated pest manager appointed pursuant to this section shall:

(a) Oversee any staff who are responsible for pest and weed control and ensure proper training of such staff in accordance with NRS 386.428 and the pest management policy established pursuant to NRS 386.424 ;

(b) Oversee the work of any contractor who is engaged to provide pest and weed control;

(c) Communicate with school administrators, the superintendent of the school district and the board of trustees of the school district concerning planned activities to control pests and weeds; and

(d) Ensure compliance with the integrated pest management policy established pursuant to NRS 386.424 , including, without limitation, the system for maintaining records and the procedure prescribed in the policy for providing notification before the application of a pesticide or herbicide on property belonging to the school district.

(Added to NRS by 2019, 1941 )

NRS 439.470

NRS

439.470

City board of health: Powers; requirements for order for isolation, quarantine or treatment.

The city board of health may:

(a) Abate nuisances in accordance with law.

(b) Establish a temporary isolation hospital or quarantine station when an emergency demands the isolation or quarantine of a person or a group of persons.

(c) Isolate any person or a group of persons with a communicable disease that is in an infectious state and poses a risk to the public health.

(d) Quarantine any person or group of persons who has been exposed to any communicable disease that is in an infectious state and poses a risk to the public health.

(e) Treat any person or group of persons with a communicable disease that is in an infectious state and poses a risk to the public health or who has been exposed to such a communicable disease.

(f) Monitor and treat any person or group of persons with a communicable disease that poses a risk to the public health if there is a risk that the communicable disease will develop into:

(1) A progressed state that endangers the health of the person or persons; or

(2) An infectious state.

(g) Appoint quarantine officers when necessary to enforce a quarantine.

(h) Subject to the prior review and approval of the governing body of the city and except as otherwise provided in NRS 576.128 , adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision. Such fees must be for the sole purpose of defraying the costs and expenses of the procedures for issuing licenses and permits, and investigations related thereto, and not for the purposes of general revenue.

Any order issued to isolate, quarantine, or treat a person or group of persons issued pursuant to subsection 1 must state the reasons that each of the actions prescribed by the order are the least restrictive means available to prevent, suppress or control the communicable disease. If a city board of health issues an order to isolate, quarantine or treat a person pursuant to subsection 1, the city board of health must:

(a) Isolate, quarantine or treat the person in the manner set forth in NRS 441A.505

to 441A.720 , inclusive.

(b) Provide whatever medicines, disinfectants and provisions may be required. The city council shall pay all debts or charges so incurred from any funds available, but each patient shall, if the patient is able, pay for his or her food, medicine, clothes and medical attendance.

As used in this section, communicable disease has the meaning ascribed to it in NRS 441A.040 .

[Part 30:199:1911; added 1919, 221 ; 1919 RL p. 2892; NCL § 5264]—(NRS A 1973, 1137 ; 1997, 3173 ; 2003, 2195 ; 2021, 3182 )

Extermination and Abatement of Mosquitoes, Flies, Other Insects and Rats

NRS 439.473

NRS

439.473

Authority of district health officer to issue order for extermination or abatement of nuisance; authorized actions.

A district health officer or his or her designee who issues an order for the extermination or abatement of mosquitoes, flies, other insects, rats or any breeding place thereof may authorize and take any action necessary to abate the nuisance or prevent its recurrence, including, without limitation:

Abate any stagnant pool of water or other breeding place for mosquitoes, flies, other insects or rats;
Treat with oil, other larvicidal material, other chemicals or other material any breeding place of mosquitoes, flies, other insects or rats;
Build, construct, repair and maintain necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by purchase, condemnation or other lawful means, in the name of the health district, any land, right-of-way, easement, property or material necessary for the extermination or abatement of mosquitoes, flies, other insects, rats or any breeding place thereof;
Enter into contracts to indemnify or compensate any owner of real or other property for any injury or damage caused by the use or taking of property for dikes, levees, cuts, canals or ditches;
Enter upon without hindrance any land, within or without the health district, to determine whether breeding places of mosquitoes, flies, other insects or rats exist upon that land; and
Determine whether any person subject to an order issued pursuant to NRS 439.475

has complied with the order.

(Added to NRS by 2009, 1499 )

NRS 447.030

NRS

447.030

Extermination of vermin.

Any room in any hotel in this state which is or shall be infested with vermin or bedbugs or similar things shall be thoroughly fumigated, disinfected and renovated until such vermin or bedbugs or other similar things are entirely exterminated.

[3:136:1915; 1919 RL p. 2811; NCL § 3339]

NRS 447.100

NRS

447.100

Fumigation of room after occupation by person having contagious or infectious disease.

Whenever any room in any hotel shall have been occupied by any person having a contagious or infectious disease, the room shall be thoroughly fumigated under the direction of the health authority, and all bedding therein thoroughly disinfected before the room shall be occupied by any other person. In any event, such room shall not be let to any person for at least 48 hours after such fumigation or disinfection.

[7:136:1915; 1919 RL p. 2811; NCL § 3343]—(NRS A 1969, 1022 )

NRS 459.432

NRS

459.432

Household waste defined.

Household waste means waste material, including, without limitation, garbage, trash and sanitary wastes in septic tanks that is generated by a household, including, without limitation, a single-family or multiple-unit residence, hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground and day-use recreational area. The term does not include nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries, toxic art supplies, used motor oil, kerosene, solvent-based paint, paint thinner, paint solvents, fluorescent or high-intensity light bulbs, ammunition, fireworks, pesticides the use of which has been prohibited or restricted, or any other waste generated by a household that would otherwise be defined as hazardous waste pursuant to subsection 2 of NRS 459.430 .

(Added to NRS by 1999, 1116 )

NRS 503.584

NRS

503.584

Legislative finding; conservation, protection and propagation of selected species.

The Legislature finds that:

(a) The economic growth of the State of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of the States native species of animals, including fish and vertebrate wildlife. Serious losses have occurred and are occurring in other species of native wild animals with important economic, educational, historical, political, recreational, scientific and aesthetic values.

(b) The people of the State of Nevada have an obligation to conserve and protect the various species of native fish and wildlife that are threatened with extinction.

The purpose of NRS 503.584 to 503.589 , inclusive, is to provide a program for the:

(a) Conservation, protection, restoration and propagation of selected species of native fish and other vertebrate wildlife, including migratory birds; and

(b) Perpetuation of the populations and habitats of such species.

(Added to NRS by 1969, 773 )

NRS 527.260

NRS

527.260

Legislative finding.

The Legislature finds that:

(a) The economic growth of the State of Nevada has been attended with some serious and unfortunate consequences. Nevada has experienced the extermination or extirpation of some of its native species of flora. Serious losses have occurred and are occurring in other species of flora with important economic, educational, historical, political, recreational, scientific and aesthetic values.

(b) The people of the State of Nevada have an obligation to conserve and protect the various species of flora which are threatened with extinction.

The purpose of NRS 527.260 to 527.300 , inclusive, is to provide a program for the conservation, protection, restoration and propagation of selected species of flora and for the perpetuation of the habitats of such species.

(Added to NRS by 1969, 775 )

NRS 554.170

NRS

554.170

Fumigation, disinfection, treatment or destruction of quarantined agricultural commodity.

If, in the opinion of the State Quarantine Officer, any agricultural commodity forbidden to be exported by any proclamation of a quarantine is endangering:

The public health or quality of any water in this State; or
Any wildlife, beneficial use of land in or industry of this State,

Ê the agricultural commodity may be fumigated, disinfected, treated or destroyed by the State Quarantine Officer.

[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 519 ; 2001, 699 )

NRS 554.190

NRS

554.190

Fumigation, disinfection or treatment of quarantined agricultural commodity: Costs; responsibilities of owner; penalty and authorized action if owner refuses or neglects to perform; lien on owners property.

All costs of fumigation, disinfection or treatment ordered to be performed by the State Quarantine Officer shall be borne by the owner of the agricultural commodity.
The owner or, in the owners absence, the owners agent, manager or foreman, shall perform the fumigation, disinfection or treatment promptly and exactly as instructed and not otherwise. The refusal or neglect so to do shall be a misdemeanor.
In the case of refusal or neglect by the owner, agent, manager or foreman to perform the fumigation, disinfection or treatment as instructed, the State Quarantine Officer or any person deputized by the State Quarantine Officer may enter upon the premises and perform the fumigation, disinfection or treatment. All the costs thereof shall attach as a lien against any property of the owner within the State. On the neglect or refusal of the owner promptly to pay the same on presentation of an itemized bill certified to by the State Quarantine Officer or the State Quarantine Officers deputy, the district attorney of the county shall forthwith proceed to levy an attachment against any property of the owner within the State for the amount due plus the costs of legal proceedings, and shall proceed to collect the same by foreclosure proceedings.

[Part 8:280:1913; 1919 RL p. 2627; NCL § 442]—(NRS A 1961, 520 ; 1967, 612 )

NRS 555.248

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:

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 officers 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.

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;

(d) Found to be free from pests.

(Added to NRS by 1959, 566 ; A 1961, 529 ; 1993, 1714 ; 1999, 712 , 3644 ,

3742 )

NRS 555.249

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 attorneys 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 555.26155

NRS

555.26155

Applicator defined.

Applicator means a natural person, including, without limitation, a natural person who is employed by a city, county, state or other governmental agency, who applies or supervises the application of any pesticide.

(Added to NRS by 2017, 342 ; A 2021, 153 )

NRS 555.26157

NRS

555.26157

Authorized commercial applicator defined.

Authorized commercial applicator means an applicator who for hire or for profit is licensed to apply or supervise the application of any general-use pesticide and who is authorized to apply or supervise the application of any restricted-use pesticide pursuant to NRS 555.351 .

(Added to NRS by 2021, 150 )

NRS 555.2616

NRS

555.2616

Business license defined.

Business license means a license to engage in pest control from a place of business identified on the license, issued by the Department to a natural person or business entity to operate as a pest control business.

(Added to NRS by 2017, 342 )

NRS 555.2617

NRS

555.2617

Certificate defined.

Certificate means a certificate of competency issued by the Director to a non-private applicator or private applicator authorizing the applicator to purchase, use or supervise the use of a restricted-use pesticide.

(Added to NRS by 1975, 593 ; A 1993, 1714 ; 1999, 3645 ; 2017, 344 ; 2021, 153 )

NRS 555.2641

NRS

555.2641

General-use pesticide defined.

General-use pesticide means a pesticide that has not been determined to be or classified as a restricted-use pesticide:

By the Director; or
In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

(Added to NRS by 2017, 342 ; A 2023, 221 )

NRS 555.2645

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 555.2654

NRS

555.2654

Location principal defined.

Location principal means the primary principal of a pest control business who has been designated by the business as the person responsible for the daily supervision of each category of pest control conducted from a location of the business.

(Added to NRS by 2017, 343 )

NRS 555.2657

NRS

555.2657

Non-private applicator defined.

Non-private applicator means:

A natural person who is employed by a city, county, state or other governmental agency, including, without limitation, a conservation district or a weed control district, who:

(a) Is licensed to apply or supervise the application of any general-use pesticide; or

(b) Is licensed to apply or supervise the application of any general-use pesticide and is certified to apply or supervise the application of any restricted-use pesticide; or

An applicator who is certified and 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 ; A 1977, 311 ; 1993, 1714 ; 1999, 3646 ; 2017, 344 ; 2021, 153 )—(Substituted in revision for NRS 555.2618)

NRS 555.2667

NRS

555.2667

Pest control defined.

Pest control means conducting, as a function of the agency, in the case of a city, county, state or other governmental agency, or publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:

The use of pesticides or mechanical devices for the extermination, control or prevention of infestations of pests.
The inspection 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 ; 2017, 344 ; 2021, 154 ; 2023, 221 )

NRS 555.267

NRS

555.267

Pesticide defined.

Pesticide includes, without limitation:

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.
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 ; 2015, 3591 )

NRS 555.2681

NRS

555.2681

Private applicator defined.

Private applicator means an applicator who is certified to apply or supervise the application of any restricted-use pesticide for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicators employer or on the property of the applicators neighbors if applied without compensation other than trading of personal services between producers of agricultural commodities.

(Added to NRS by 1975, 593 ; A 2021, 154 )

NRS 555.2683

NRS

555.2683

Restricted-use pesticide defined.

Restricted-use pesticide means any pesticide, including any highly toxic pesticide, which:

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

Has been classified for restricted use in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

(Added to NRS by 1975, 593 ; A 1993, 1715 ; 1999, 3646 ; 2021, 154 )

NRS 555.2687

NRS

555.2687

Supervision defined.

Supervision of the application of a restricted-use pesticide by an authorized commercial applicator, certified non-private applicator or private applicator must be defined by regulation of the Director.

(Added to NRS by 1975, 593 ; A 1993, 1715 ; 1999, 3646 ; 2021, 154 )

NRS 555.270

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 ; 2017, 345 )

NRS 555.273

NRS

555.273

Applicability of provisions concerning restricted-use pesticides.

All state agencies, municipal corporations and public utilities or any other governmental agency are 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 ; 2017, 345 ; 2019, 2946 ; 2021, 154 ; 2023, 847 )

NRS 555.277

NRS

555.277

Exemption from certain provisions for farmer-owners and gardeners.

The provisions of NRS 555.2605 to 555.460 , inclusive, relating to licenses and requirements for their issuance, except those provisions relating to 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 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 an applicator; and

(c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owners own property and for the accommodation of the farmer-owners neighbors for agricultural purposes only.

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 a gardener using hand-powered equipment, devices or contrivances to apply any pesticides of toxicity class III or IV, as classified by the United States Environmental Protection Agency, to any lawn or garden as an incidental part of his or her business of taking care of a lawn or garden for remuneration, if he or she 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. As used in this subsection, gardener means a person who owns, operates or is employed by a business that provides routine care of a lawn or garden for a homeowner.

(Added to NRS by 1971, 1253 ; A 1981, 611 ; 1983, 230 ; 2003, 539 ; 2013, 1326 ; 2017, 345 ; 2023, 847 )

NRS 555.2777

NRS

555.2777

Temporary exemption from licensure for applicator trainee: Regulations.

In accordance with the provisions of this section, the Director shall adopt regulations to authorize a natural person to train as an applicator to engage in pest control for a period of not less than 90 days without holding a license as an applicator. Such regulations must provide:

(a) That an applicator trainee may only apply:

(1) A general-use pesticide under the direct supervision of a person licensed as an applicator in this State; and

(2) A restricted-use pesticide under the immediate supervision of an authorized commercial applicator, certified non-private applicator or private applicator in accordance with the provisions of NRS 555.351 ; and

(b) That the supervising applicator or pest control business that employs an applicator trainee is responsible and liable for all actions of the applicator trainee.

In adopting regulations pursuant to subsection 1, the Director shall ensure such regulations:

(a) Comply with all applicable provisions of federal law governing applicators and the application of pesticides and federal and state law relating to public safety; and

(b) Are consistent with industry best practices relating to safety and the training of employees.

As used in this section:

(a) Direct supervision means that an applicator trainee has direct access physically, telephonically or by some other means to an applicator licensed pursuant to NRS 555.2605 to 555.460 , inclusive; and

(b) Immediate supervision means that a supervisor who is licensed pursuant to NRS 555.2605 to 555.460 , inclusive, is physically present at all times while an applicator trainee is working.

(Added to NRS by 2023, 846 )

NRS 555.280

NRS

555.280

License as applicator required for natural person to engage in pest control; exception; business license required for natural person or business entity to operate as pest control business.

Except as otherwise provided in the regulations adopted pursuant to NRS 555.2777 , a natural person, including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage, for hire or for profit, in pest control or serve as an agent, operator, pilot, primary principal, location principal or principal for that purpose within this State at any time without a license as an applicator issued by the Director pursuant to NRS 555.320 .
A natural person or business entity shall not operate, for hire or for profit, as a pest control business within this State at any time without a business license issued by the Director pursuant to NRS 555.320 .

[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 ; 2017, 345 ; 2021, 154 ; 2023, 848 )

NRS 555.285

NRS

555.285

License as applicator required for natural person to engage in certain activities concerning control of wood-destroying pests or organisms; exception.

Except as otherwise provided in the regulations adopted pursuant to NRS 555.2777 , a natural person shall not 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 as an applicator issued pursuant to NRS 555.320 by the Director:

Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by those pests or organisms.
Making or altering inspection reports concerning the infestations or infections.
Making estimates or bids, whether written or oral, concerning the infestations or infections.
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 ; 2017, 346 ; 2023, 848 )

NRS 555.300

NRS

555.300

Examination and qualifications of applicant for license as applicator or business license.

If an applicant for a license as an applicator is a primary principal or principal of a pest control business, 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.
If an applicant for a business license is not a natural person, the applicant shall designate an officer, member or technician of the business entity to take the examination. The person so designated is subject to the approval of the Director. If the extent of the applicants operations require it, the Director may require more than one officer, member or technician to take the examination.
An applicant described in subsection 1 or the person designated by an applicant for a business license 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.

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 ; 2017, 346 )

NRS 555.330

NRS

555.330

Proof of insurance required of applicant for business license; actions by injured persons; limitation of actions; investigations by Director.

The Director shall require from each applicant for a business 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 business 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.

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.
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.
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 applicator, commercial applicator, authorized commercial applicator, licensed pest control operator, primary principal, location 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 ; 2017, 348 ; 2021, 156 )

NRS 555.345

NRS

555.345

Refusal to issue license as applicator; submission of fingerprints or other information for background check of applicant; fees.

The Director may refuse to issue a license as an applicator to any person who:

(a) Is a primary principal, location principal or principal or intends to act as a primary principal, location principal or principal for a pest control business; and

(b) Has been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country.

In addition to any other requirements set forth in this chapter and except as otherwise provided in subsection 3, each applicant for a license as an applicator specified in paragraph (a) of subsection 1 shall submit with his or her application a complete set of the applicants 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. The application must be accompanied by a fee in an amount that is equal to any fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints of the applicant.
In lieu of submitting a complete set of his or her fingerprints and written permission pursuant to subsection 2, an applicant may, in accordance with regulations adopted by the Department and upon the payment of any fee required by the Department pursuant to those regulations, submit any document or other information required by the Department to perform a background check of the applicant.
A suspension or revocation of a license as an applicator pursuant to NRS 555.350

or any previous revocation or current suspension of such a license or an equivalent license in this or any other state, district or territory of the United States or any foreign country is grounds for refusal to issue a license as an applicator.

(Added to NRS by 2007, 983 ; A 2017, 348 )

NRS 555.350

NRS

555.350

Suspension, revocation or modification of business license or license issued to applicator; background check required when disciplinary action initiated.

The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator 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 has operated faulty or unsafe equipment;

(f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise 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 has 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 has 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 the license to be used by an unlicensed person;

(j) The licensee was intentionally guilty of fraud or deception in the procurement of the 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;

(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country; or

(m) The licensee has failed to provide adequate instruction or supervision to any unlicensed applicator working under the supervision of the licensee.

A business license and any license issued to a principal of the business as an applicator 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 licenses remain suspended until the insurance is re-established.
If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection constitutes an additional ground for the revocation, suspension or modification of the license pursuant to this section.

[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 ; 2017, 349 ; 2019, 2946 ; 2021, 157 )

NRS 555.3507

NRS

555.3507

Primary principal required for licensees business.

The holder of a business license shall ensure that the licensees business has a primary principal who is licensed as an applicator in the appropriate category or categories of pest control.

(Added to NRS by 2003, 532 ; A 2013, 1328 ; 2017, 351 )

NRS 555.351

NRS

555.351

Restricted-use pesticides: Certificate and permits required for use; exceptions.

Except as otherwise provided in subsection 3, a person shall not use:

(a) 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 an authorized commercial applicator who complies with the provisions of subsection 3, certified non-private applicator or private applicator; or

(b) Any neonicotinoid pesticide in violation of the requirements of NRS 586.600 . Any person seeking to apply a neonicotinoid pesticide for commercial agricultural purposes must obtain a certificate of commercial agricultural use pursuant to NRS 586.600 .

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.

A person licensed as a commercial applicator and authorized to engage in pest control is authorized to use or supervise the use of a restricted-use pesticide without obtaining a certificate issued by the Director pursuant to NRS 555.357 , if the person:

(a) Demonstrates that he or she satisfies the standards set forth in 40 C.F.R. § 171.103; and

(b) Otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.

As used in this section, commercial agricultural purposes has the meaning ascribed to it in NRS 586.600 .

(Added to NRS by 1975, 593 ; A 1993, 1718 ; 1999, 3650 ; 2017, 351 ; 2021, 158 ; 2023, 390 )

NRS 555.353

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 applicants 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

NRS

555.355

Restricted-use pesticides: Qualifications and examination of applicant for certificate; fees established by regulation.

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.
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.
The Director shall require an applicant to demonstrate:

(a) If the applicant is applying to be certified as a non-private applicator, that he or she satisfies the standards set forth in 40 C.F.R. § 171.103.

(b) If the applicant is applying to be certified as a private applicator, that he or she satisfies the standards set forth in 40 C.F.R. § 171.105.

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 ;

2021, 158 )

NRS 555.357

NRS

555.357

Restricted-use pesticides: Issuance, expiration and renewal of certificates; regulations concerning validity and renewal; written explanation of denial.

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.
A certificate is valid for the period established by regulation of the Director. The certificate may be renewed upon completion of the requirements established by the regulations of the Director.
The Director shall adopt regulations concerning the requirements for renewal of a certificate.
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.
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 ; 2017, 351 )

NRS 555.359

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 authorized commercial applicator, certified non-private applicator or private applicator:

Is no longer qualified;
Has applied known ineffective or improper materials;
Has applied materials inconsistent with labeling or other restrictions imposed by the Director;
Has operated faulty or unsafe equipment;
Has made any application in a faulty, careless or negligent manner;
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 ones certificate to be used by an uncertified person;

Was guilty of fraud or deception in the procurement of the certificate;
Has deliberately falsified any record or report;
Has violated any of the provisions of NRS 555.351 to 555.357 , inclusive, 555.390 or any regulation adopted pursuant thereto; or
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 ; 2021, 159 )

NRS 555.370

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

NRS

555.380

Regulations of Director: Materials and methods for application.

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.
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

NRS

555.390

Regulations of Director: Records and reports of licensees and other applicators.

The Director may, by regulation, require any licensee or non-private applicator 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.
The Director may, by regulation, require any authorized commercial applicator, certified non-private applicator or private 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 ; 2021, 159 )

NRS 555.410

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

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 Directors 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 ; 2017, 351 )

NRS 561.305

NRS

561.305

Laboratories: Establishment, maintenance and purposes; examination of samples for residents.

The Department shall establish and maintain a laboratory for the following purposes:

The diagnosis of infectious, contagious and parasitic diseases of animals, as may be necessary under the provisions of chapter 571 of NRS.
The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of chapter 552 of NRS.
The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of chapter 554 of NRS.
The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.005 to 555.249 , inclusive.
The testing of pesticides, as may be necessary under the provisions of NRS 555.2605 to 555.460 , inclusive, and chapter 586 of NRS.
The safekeeping and maintenance of official standards of weights and measures, as may be necessary under the provisions of chapter 581 of NRS.
The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587

of NRS.

The analysis and testing of commercial fertilizers and agricultural minerals, as may be necessary under the provisions of chapter 588 of NRS.
The analysis and testing of petroleum products or motor vehicle fuel, as may be necessary under the provisions of NRS 590.010 to 590.150 , inclusive.
The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450 , inclusive.
Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the Director and which can be made with equipment available in any such laboratory. Any resident of this State may submit samples to the Department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be adopted by the Director.

(Added to NRS by 1961, 501 ; A 1969, 363 , 634 ;

1971, 1257 ; 1975, 596 ; 1993, 1728 ; 1999, 2850 , 3662 ;

2003, 413 , 2147 ;

2005, 661 ; 2015, 3608 )

NRS 561.385

NRS

561.385

Agriculture Registration and Enforcement Account.

The Agriculture Registration and Enforcement Account is hereby created in the State General Fund for the use of the Department.
The following fees must be deposited in the Agriculture Registration and Enforcement Account:

(a) Except as otherwise provided in NRS 586.270 and 586.940 , fees collected pursuant to the provisions of chapter 586 of NRS.

(b) Fees collected pursuant to the provisions of chapter 588 of NRS.

(d) Laboratory fees collected for the testing of pesticides as authorized by NRS 561.305 , and as are necessary pursuant to the provisions of NRS 555.2605 to 555.460 , inclusive, and, except as otherwise provided in NRS 586.270 and 586.940 , chapter 586 of NRS.

(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305 , and as are necessary pursuant to the provisions of chapter 588 of NRS.

(f) Laboratory fees collected for the analysis and testing of petroleum products or motor vehicle fuel, as authorized by NRS 561.305 , and as are necessary pursuant to the provisions of NRS 590.010 to 590.150 , inclusive.

(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305 , and as are necessary pursuant to the provisions of NRS 590.340 to 590.450 , inclusive.

Expenditures from the Agriculture Registration and Enforcement Account may be made to carry out the provisions of this chapter, NRS 555.2605 to 555.460 , inclusive, or chapters 586 , 588

and 590 of NRS or for any other purpose authorized by the Legislature.

(Added to NRS by 1961, 503 ; A 1971, 451 , 1258 ;

1975, 597 ; 1983, 402 ; 1991, 1790 ; 1993, 1730 ; 1999, 3665 ; 2003, 414 , 617 ;

2005, 662 ; 2010, 26th Special Session, 23 ; 2015, 3610 ; 2017, 352 ; 2021, 144 )

NRS 583.265

NRS

583.265

Adulterated defined.

Adulterated applies to any livestock or poultry carcass, part of either carcass, meat or meat food product if:

(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but if the substance is not an added substance, such article shall not be considered adulterated under this paragraph if the quantity of such substance in or on such article does not ordinarily render it injurious to health.

(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is:

(1) A pesticide chemical in or on a raw agricultural commodity;

(2) A food additive; or

(3) A color additive,

Ê which may, in the judgment of the Officer, make such article unfit for human food.

(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a.

(d) It bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348.

(e) It bears or contains any color additive which is unsafe within the meaning of section 706 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 376.

(f) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

(g) It has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(h) It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.

(i) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(j) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348.

(k) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(l) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid or decomposed substance.

An article which is not adulterated under paragraph (c), (d) or (e) of subsection 1 shall be deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by regulations of the Secretary of Agriculture in establishments at which inspection is maintained under the Wholesome Meat Act and the Wholesome Poultry Products Act.

(Added to NRS by 1969, 982 ; A 1971, 890 )

NRS 586.030

NRS

586.030

Active ingredient defined.

Active ingredient means in the case of:

A pesticide, other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests.
A plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof.
A defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.
A desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

[Part 2:269:1955]—(NRS A 1971, 1134 )

NRS 586.040

NRS

586.040

Adulterated defined.

Adulterated shall apply to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

[Part 2:269:1955]—(NRS A 1971, 1134 )

NRS 586.060

NRS

586.060

Device defined.

Device means any instrument or contrivance intended for trapping, destroying, repelling or mitigating insects or rodents, or destroying, repelling or mitigating fungi or weeds, or such other pests as designated by the Director. The term does not include equipment used for the application of pesticides when sold separately therefrom.

[Part 2:269:1955]—(NRS A 1971, 1134 ; 1993, 1775 ; 1999, 3716 )

NRS 586.135

NRS

586.135

Ingredient statement defined.

Ingredient statement means either:

A statement of the name and amount by percentage of weight of each active ingredient, together with the total amount by percentage of weight of the inert ingredients, in the pesticide; or
A statement of the name of each active ingredient, together with the name of each and total amount by percentage of weight of the inert ingredients, if any there be, in the pesticide (except subsection 1 shall apply if the preparation is highly toxic to humans, determined as provided in NRS 586.241 ).

Ê In addition to subsections 1 and 2, in case the pesticide contains arsenic, lead or mercury in any form, a statement of the percentages of weights of total and water-soluble arsenic, lead or mercury, each calculated as elemental arsenic, lead or mercury.

[Part 2:269:1955]—(NRS A 1961, 567 ; 1963, 30 ; 1971, 1134 )—(Substituted in revision for NRS 586.120)

NRS 586.160

NRS

586.160

Label defined.

Label means the written, printed or graphic matter on or attached to the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device.

[Part 2:269:1955]—(NRS A 1971, 1135 )

NRS 586.170

NRS

586.170

Labeling defined.

Labeling means all labels and other written, printed or graphic matter:

Upon the pesticide or device or any of its containers or wrappers;
Accompanying the pesticide or device at any time; or
To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the United States Departments of Agriculture or Interior, the United States Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of pesticides.

[Part 2:269:1955]—(NRS A 1971, 1135 )

NRS 586.180

NRS

586.180

Misbranded defined.

Misbranded shall apply:

To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.
To any pesticide:

(a) If it is an imitation of, or is offered for sale under the name of, another pesticide;

(b) If its labeling bears any reference to registration under this chapter;

(c) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;

(d) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living human beings and other vertebrate animals;

(e) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;

(f) If any word, statement or other information required by or under the authority of this chapter to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(g) If in the case of a pesticide, when used as directed, or in accordance with commonly recognized practice, it shall be injurious to living human beings or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or

(h) If in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to human beings or other vertebrate animals, or vegetation to which it is applied; but physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations.

[Part 2:269:1955]—(NRS A 1971, 1135 ; 2015, 3631 )

NRS 586.188

NRS

586.188

Neonicotinoid pesticide defined.

Neonicotinoid pesticide means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, without limitation:

Acetamiprid;
Clothianidin;
Dinotefuran;
Imidacloprid;
Nithiazine;
Thiacloprid; and
Thiamethoxam.

(Added to NRS by 2023, 388 )

NRS 586.195

NRS

586.195

Pesticide defined.

Pesticide includes, but is not limited to:

Any substance or mixture of substances, including any living organisms, any product derived therefrom and any fungicide, herbicide, insecticide, nematocide and rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus, except a virus on or in living humans or other animals, which is normally considered to be a pest or which the Director declares to be a pest.
Any substance or mixture of substances intended to be used as a plant regulator, defoliant, desiccant, and any other substance intended for that use as named by the Director by regulation.

[Part 2:269:1955]—(NRS A 1961, 567 ; 1971, 1134 ; 1993, 1775 ; 1999, 3716 )

NRS 586.205

NRS

586.205

Restricted-use pesticide defined.

Restricted-use pesticide means any pesticide, including any highly toxic pesticide, which:

The Director has 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

Has been classified for restricted use by or under the supervision of a certified applicator in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

(Added to NRS by 1971, 1131 ; A 1975, 187 ; 1977, 312 ; 1993, 1776 ; 1999, 3717 ; 2023, 222 )

NRS 586.230

NRS

586.230

Jurisdiction.

Jurisdiction in all matters pertaining to the distribution, sale and transportation of pesticides and devices is, pursuant to this chapter, vested exclusively in the Director.

[13:269:1955]—(NRS A 1961, 568 ; 1971, 1136 ; 1993, 1776 ; 1999, 3717 ; 2015, 3632 )

NRS 586.234

NRS

586.234

Adoption of standards prescribed by United States Environmental Protection Agency.

To avoid confusion endangering the public health resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the residents of this state because of the necessity of complying with diverse requirements in the manufacture and sale of pesticides, it is desirable that there be uniformity between the requirements of the several states and the Federal Government relating to pesticides. To this end the Director may, after a public hearing, adopt such regulations applicable to and in conformity with the primary standards established by this chapter as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.

[Part 5:269:1955]—(NRS A 1961, 569 ; 1971, 1138 ; 1987, 94 ; 1993, 1777 ; 1999, 3718 ; 2015, 3633 )—(Substituted in revision for NRS 586.330)

NRS 586.237

NRS

586.237

Adoption of rules and regulations; classification of restricted-use pesticides.

The Director shall adopt regulations governing the application and distribution of any pesticides which the Director finds must necessarily be applied in pest control but which unless carefully used are likely to be:

(a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest 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.

The Director in classifying pesticides as restricted-use pesticides shall determine if:

(a) They are highly toxic to humans or other animals, including wildlife.

(b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.

(c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.

(d) They can be used by permit for purposes other than their registered purposes.

The Director may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:

(a) The collection and examination of pesticides.

(b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage or misuse.

(d) The information to be recorded and maintained of the sale, use and distribution of pesticides classified for restricted use.

(Added to NRS by 1971, 1132 ; A 1975, 188 ; 1993, 1779 ; 1999, 3720 )—(Substituted in revision for NRS 586.401)

NRS 586.241

NRS

586.241

Identification of pests; determination of toxicity of pesticides and standards for coloring.

The Director may, after providing an opportunity for a hearing:

Declare as a pest any form of plant life or animal life or virus which is injurious to plants, humans, domestic animals, articles or substances.
Determine whether pesticides are highly toxic to humans.
Determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of NRS 586.915 .

[Part 5:269:1955]—(NRS A 1961, 569 ; 1971, 1137 ; 1993, 1777 ; 1999, 3718 )—(Substituted in revision for NRS 586.310)

NRS 586.245

NRS

586.245

Elimination of dangerous, nonbeneficial or misrepresented pesticides; program for evaluation of pesticides.

The Director shall endeavor to eliminate from use in this state any pesticide:

(a) Which endangers the agricultural or nonagricultural environment;

(b) Which is not beneficial for the purposes for which it is sold; or

In carrying out this responsibility, the Director shall develop an orderly program for the continuous evaluation of all pesticides the brands of which have actually been registered.

(Added to NRS by 1971, 1131 ; A 1993, 1778 ; 1999, 3719 ; 2003, 614 )—(Substituted in revision for NRS 586.335)

NRS 586.247

NRS

586.247

Examination of pesticides or devices to determine compliance with chapter; authority to impose civil penalty.

The examination of pesticides or devices must be made under the direction of the Director to determine whether they comply with the requirements of this chapter. If it appears from the examination that a pesticide or device fails to comply with the provisions of this chapter, the Director shall cause appropriate notice to be given to the person. Any person so notified must be given an opportunity to present the persons views, orally or in writing, and if thereafter in the opinion of the Director it appears that the provisions of this chapter have been violated by the person, the Director may impose a civil penalty pursuant to NRS 586.965 . The provisions of this chapter do not require the Director to commence formal proceedings for any act or failure to act if the Director believes that the public interest will be best served by a suitable notice of warning in writing.

[6:269:1955]—(NRS A 1961, 571 ; 1971, 1140 ; 1993, 1782 ; 1999, 3723 ; 2003, 616 ; 2015, 3634 )—(Substituted in revision for NRS 586.430)

REGISTRATION OF BRANDS

NRS 586.250

NRS

586.250

Registration required; annual renewal.

Each brand of pesticide which is distributed, sold or offered for sale within this state, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state, must be registered in the office of the Director.
All registrations expire on December 31 and are renewable annually.

[Part 4:269:1955]—(NRS A 1961, 568 ; 1971, 1136 ; 1993, 1776 ; 1999, 3717 ; 2003, 614 ; 2015, 3632 )

NRS 586.260

NRS

586.260

Registrants statement; updated information upon renewal of registration.

The registrant shall file with the Director a statement including:

(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

(b) The brand of the pesticide.

(c) A complete copy of the labeling accompanying the brand of pesticide and a statement of all claims to be made for it, including directions for use.

(d) If requested by the Director, a full description of the tests made and the results thereof upon which the claims are based.

In the case of the renewal of registration, a statement is required only with respect to information which is different from the information that was furnished when the brand of pesticide was registered or last reregistered.

[Part 4:269:1955]—(NRS A 1961, 568 ; 1971, 1136 ; 1993, 1776 ; 1999, 3717 ; 2003, 614 )

NRS 586.270

NRS

586.270

Fees established by regulation; deposit and use of money.

A registrant shall pay an annual registration fee in an amount established by regulation of the Director for each brand of pesticide registered.
The Director shall, for each annual registration fee collected, deposit in a separate account the amount established for that purpose by regulation of the Director. The money deposited in the account must be used:

(a) For the disposal of pesticides;

(b) To monitor pesticides;

(d) For the control of noxious weeds.

A registrant who offers a pesticide for sale before registering the brand of pesticide shall pay an amount equal to twice the registration fee for registering the brand of pesticide.
As used in this section, noxious weed has the meaning ascribed to it in NRS 555.005 .

[Part 4:269:1955]—(NRS A 1960, 32 ; 1961, 568 ; 1963, 30 ; 1971, 118 , 1137 ;

1977, 261 ; 1983, 405 ; 1993, 1193 , 1777 ;

1995, 579 ; 1999, 3600 , 3718 ;

2003, 614 ; 2005, 935 ; 2015, 3632 )

NRS 586.280

NRS

586.280

Submission of formula for pesticide to Director; registration of article by Director.

If the Director deems it necessary in the administration of this chapter, the Director may require the submission of the complete formula of any pesticide.
If it appears to the Director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of NRS 586.900

to 586.945 , inclusive, the Director shall register the article.

[Part 4:269:1955]—(NRS A 1961, 568 ; 1971, 1137 ; 1993, 1777 ; 1999, 3718 ; 2015, 3632 )

NRS 586.295

NRS

586.295

Grounds for cancellation, denial or suspension of registration.

Pursuant to NRS 586.245 , the Director may, after a hearing, cancel the registration of, or refuse to register, any brand of pesticide if:

(a) The pesticide has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment.

(b) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

(c) There is a reasonably effective and practicable alternate material or procedure to the pesticide which is demonstrably less destructive to the environment.

(d) The pesticide, when properly used, is detrimental to:

(1) Vegetation, except weeds;

(2) Domestic animals; or

(3) Public health and safety.

(e) The pesticide is of little or no value for the purpose for which it is intended.

(f) Any false or misleading statement concerning the pesticide is made or implied by the registrant or an agent of the registrant, orally or in writing, or in the form of any advertising literature.

In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.
If the Director has a reason to believe that any of the conditions stated in subsection 1 are applicable to any pesticide the brand of which is registered and that the use or continued use of the pesticide constitutes an immediate substantial danger to persons or to the environment, the Director may, after notice to the registrant, suspend the registration of the brand of pesticide pending a hearing and final decision.

(Added to NRS by 1971, 1132 ; A 1993, 1778 ; 1999, 3719 ; 2003, 614 )—(Substituted in revision for NRS 586.339)

NRS 586.300

NRS

586.300

Registration not required for interplant shipments.

Notwithstanding any other provision of this chapter, registration is not required in the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.

[Part 4:269:1955]—(NRS A 1971, 1137 ; 2015, 3633 )

RESTRICTED-USE PESTICIDES

NRS 586.403

NRS

586.403

Regulations governing use; permit required; grounds for denial, revocation or suspension of permit.

The regulations governing the use of restricted-use pesticides may:

(a) Provide the time when and the conditions under which they may be used in this State.

(b) Prohibit their use in areas of this State.

(c) Provide that they shall be used only under a permit for each application; and the permit may set forth the time, conditions, quantity and concentration of its use.

Every permit which is issued under the regulations adopted pursuant to this section is conditioned upon compliance with such regulations and upon such other specified conditions as may be deemed necessary to avoid injury.
Any permit may be refused, revoked or suspended for violation of any of the conditions of such permit, or for violation of any provisions of this chapter or the regulations adopted pursuant thereto.

(Added to NRS by 1971, 1133 ; A 2015, 3634 )

NRS 586.405

NRS

586.405

Special use permit.

The Director may issue a special use permit authorizing the use of a pesticide for a purpose other than that for which it is registered. The permit must set forth:

(a) The name and dosage rate of the pesticide or other material to be used.

(b) The type of pest to be controlled.

The special use permit may limit the time, quantity, area and manner of application.

(Added to NRS by 1971, 1133 ; A 1993, 1780 ; 1999, 3721 )

NRS 586.406

NRS

586.406

Registration of seller: Application; annual renewal; fee; maintenance of records and filing of monthly reports.

It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.237 or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq., unless the person is registered with the Director.
Each person applying for registration must provide a statement including:

(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 pesticide.

All registrations expire on December 31 and are renewable annually.
Each person registering shall pay:

(a) An annual registration fee established by regulation of the State Board of Agriculture; and

(b) A penalty fee of $5 if the persons previous registration has expired by the failure to reregister on or before February 1, unless the persons registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.

Each person who is registered shall maintain for 2 years, at each place of business at which a person sells or distributes restricted-use pesticides, a record of each sale and distribution of restricted-use pesticides in accordance with the requirements for State certification plans set forth in 40 C.F.R. § 171.303(b)(7)(vii).
Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the Director specifying the restricted-use pesticides sold or distributed during the previous month. The Director shall provide the form for the report. The form must be filed regardless of whether the person sold or distributed any pesticides during the previous month.

(Added to NRS by 1975, 186 ; A 1993, 1194 , 1780 ;

1995, 579 ; 1999, 3600 , 3721 ;

2021, 170 ; 2023, 222 )

NRS 586.4065

NRS

586.4065

Grounds for denial, suspension or revocation of sellers registration.

The Director may refuse to grant or renew a registration under NRS 586.406 or may suspend or revoke the registration if, after notice and a hearing, the Director is satisfied that:

The person registered has, without reasonable cause, failed to record information as required by NRS 586.406 or a regulation adopted by the Director;
The person registered has made a fictitious or false entry in the required records; or
The applicant has made sales or delivery of restricted-use pesticides without registering with the Director.

(Added to NRS by 1975, 186 ; A 1993, 1781 ; 1999, 3722 )

PESTICIDES USED ON MARIJUANA AND MEDICAL MARIJUANA

NRS 586.550

NRS

586.550

Requirements for use of certain pesticides by cannabis establishments; publication of list of approved pesticides for use on cannabis and cannabis products.

A cannabis establishment may use a pesticide in the cultivation and production of cannabis and cannabis products if the pesticide:

(a) Is exempt from registration pursuant to 40 C.F.R. § 152.25 or allowed to be used on Crop Group 19, as defined in 40 C.F.R. § 180.41(c)26, hops or unspecified crops or plants;

(b) Has affixed a label which allows the pesticide to be used at the intended site of application; and

The State Department of Agriculture shall, in accordance with the provisions of this chapter, establish and publish a list of pesticides allowed to be used on cannabis or cannabis products pursuant to this section and accept requests from pesticide manufacturers and cannabis establishments, or a representative thereof, to add pesticides to the list.
As used in this section:

(a) Cannabis establishment has the meaning ascribed to it in NRS 678A.095 .

(b) Cannabis products has the meaning ascribed to it in NRS 678A.120 .

(Added to NRS by 2015, 3103 ; A 2017, 3724 ; 2019, 3884 )

NEONICOTINOID PESTICIDES

NRS 586.600

NRS

586.600

Prohibition on purchase and use for certain purposes; exceptions; application for commercial agricultural use; regulations.

A person shall not purchase or use neonicotinoid pesticides on plants in this State, except for commercial agricultural purposes.
Neonicotinoid pesticides may be purchased and used in this State for purposes other than for use on plants, including, without limitation:

(a) Pet care.

(b) Veterinary treatment.

(d) Pest control pesticides that are for indoor use.

(e) Outdoor items and structures, other than plants. This paragraph does not authorize the spraying or application of a neonicotinoid pesticide on any plant.

(f) Pesticides that are intended to act as a wood preservative and pesticide-treated wood products.

(g) Structural insulation.

Ê Any purchase or use of neonicotinoid pesticides pursuant to this section must be in accordance with the on-label use of such neonicotinoid pesticide and as directed by the instructions.

The Director shall make available on the Internet website of the State Department of Agriculture an application for a certificate of commercial agricultural use. The certificate must, without limitation:

(a) State that the use of neonicotinoid pesticides is limited to commercial agricultural purposes; and

(b) Include a space for the business identification number of the person seeking a certificate of commercial agricultural use.

Any person seeking to apply neonicotinoid pesticides for commercial agricultural purposes must obtain a certificate of commercial agricultural use from the Internet website of the State Department of Agriculture.
The Director may adopt regulations to carry out the provisions of this section.
As used in this section, commercial agricultural purposes means the cultivation of plants or the use of farm and agricultural land to produce an agricultural product to be sold in commerce.

(Added to NRS by 2023, 389 )

UNLAWFUL ACTS AND PENALTIES

NRS 586.900

NRS

586.900

Distribution, sale or transportation of unregistered brand or pesticide that differs from registration unlawful.

It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide the brand of which has not been registered pursuant to the provisions of NRS 586.250 to 586.300 , inclusive, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration, except that, in the discretion of the Director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the brand of pesticide.

[Part 3:269:1955]—(NRS A 1961, 570 ; 1971, 1138 ; 1993, 1778 ; 1999, 3719 ; 2003, 615 )—(Substituted in revision for NRS 586.350)

NRS 586.905

NRS

586.905

Distribution, sale or transportation of pesticide without required container and labeling unlawful.

It is unlawful for any person to distribute, sell or offer for sale within this state, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any pesticide unless it is in the registrants or the manufacturers unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package, if there is one through which the required information on the immediate container cannot be clearly read, a label bearing:

The name and address of the manufacturer, registrant or person for whom manufactured.
The brand under which the article is sold.
The net weight or measure of the content, subject to such reasonable variations as the Director may permit.

[Part 3:269:1955]—(NRS A 1971, 1138 ; 1993, 1779 ; 1999, 3720 ; 2003, 615 )—(Substituted in revision for NRS 586.360)

NRS 586.910

NRS

586.910

Distribution, sale or transportation of pesticide containing substance highly toxic to humans without additional labeling unlawful.

It shall be unlawful for any person to distribute, sell or offer for sale within this State or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State any pesticide which contains any substance or substances in quantities highly toxic to humans, determined as provided in NRS 586.241 , unless the label shall bear, in addition to any other matter required by this chapter:

The skull and crossbones.
The word poison prominently, in red, on a background of distinctly contrasting color.
A statement of an antidote for the pesticide.

[Part 3:269:1955]—(NRS A 1971, 1138 ; 2015, 3633 )—(Substituted in revision for NRS 586.370)

NRS 586.915

NRS

586.915

Distribution, sale or transportation of certain pesticides without proper coloration or discoloration unlawful; exemption.

It is unlawful for any person to distribute, sell or offer for sale within this State, or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State, the pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by the regulations adopted in accordance with the provisions of this chapter, or any other white powder pesticide which the Director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of the coloration or discoloration, by regulation requires to be distinctly colored or discolored, unless it has been so colored or discolored.
The Director may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if the Director determines that the coloring or discoloring for that use is not necessary to protect the public health.

[Part 3:269:1955]—(NRS A 1961, 570 ; 1971, 1139 ; 1993, 1779 ; 1999, 3720 ; 2015, 3633 )—(Substituted in revision for NRS 586.380)

NRS 586.920

NRS

586.920

Distribution, sale or transportation of adulterated or misbranded pesticide unlawful.

It shall be unlawful for any person to distribute, sell or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any pesticide which is adulterated or misbranded or any device which is misbranded.

[Part 3:269:1955]—(NRS A 1971, 1139 )—(Substituted in revision for NRS 586.390)

NRS 586.925

NRS

586.925

Penalties for certain violations inapplicable to certain persons; exclusion from violations for certain articles.

The penalties provided for violations of NRS 586.900 to 586.920 , inclusive, do not apply to:

(a) Any carrier while lawfully engaged in transporting a pesticide within this state, if the carrier, upon request, permits the Director or the Directors designated agent to copy all records showing the transactions in and movement of the articles.

(b) Public officers of this state and the Federal Government engaged in the performance of their duties.

(1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of pesticides; or

(2) By other persons if the pesticide is not sold and if the container thereof is plainly and conspicuously marked For experimental use only—Not to be sold, together with the manufacturers name and address, but if a written permit has been obtained from the Director, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.

An article shall not be deemed in violation of the provisions of this chapter if intended solely for export to a foreign country and if prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter apply.

[7:269:1955]—(NRS A 1961, 570 ; 1971, 1139 ; 1993, 1781 ; 1999, 3723 ; 2003, 616 ; 2015, 3634 )—(Substituted in revision for NRS 586.420)

NRS 586.930

NRS

586.930

Detachment of labels or addition or removal of substances from pesticide unlawful.

It shall be unlawful for any person to detach, alter, deface or destroy, in whole or in part, any label or labeling provided for in this chapter or regulations promulgated thereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this chapter.

[Part 3:269:1955]—(NRS A 1971, 1139 ; 2015, 3634 )—(Substituted in revision for NRS 586.400)

NRS 586.940

NRS

586.940

Restricted-use pesticides: Unlawful sale or delivery.

It is unlawful for any person to sell or deliver any restricted-use pesticide to any person who is required by the regulations adopted by the Director to have a permit to use that material, unless the person or the agent of the person to whom delivery is made signs a written statement in a form prescribed by the Director stating that the person holds a valid permit to use the kind and quantity of the restricted-use pesticide which is delivered.

(Added to NRS by 1971, 1133 ; A 1993, 1781 ; 1999, 3722 )—(Substituted in revision for NRS 586.407)

NRS 586.945

NRS

586.945

Unlawful application of restricted-use pesticides and neonicotinoid pesticides.

It shall be unlawful for any person to apply:

Any restricted-use pesticide for which regulations have been adopted, except as provided in such regulations; and
Any neonicotinoid pesticide in violation of the requirements of NRS 586.600 .

(Added to NRS by 1971, 1133 ; A 2023, 389 )

NRS 586.960

NRS

586.960

Seizure and confiscation of pesticide or device not registered, adulterated, misbranded or otherwise not compliant with chapter; condemnation and disposal; exception for owner who pays costs.

Any pesticide or device that is distributed, sold or offered for sale within the State of Nevada, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:

(a) In the case of a pesticide:

(1) If it is adulterated or misbranded.

(2) If the brand of the pesticide has not been registered under the provisions of NRS 586.250 to 586.300 , inclusive.

(3) If it is a white powder pesticide and is not colored as required under this chapter.

(4) If it fails to bear on the label the information required by this chapter.

(b) In the case of a device, if it is misbranded.

If the article is condemned, it must, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds must be paid to the State Treasurer and deposited in the State General Fund. The article seized must not be sold or destroyed contrary to the provisions of this chapter. The article must not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article must not be disposed of unlawfully. The court shall then order that the article condemned must be delivered to the owner thereof for relabeling or reprocessing as the case may be.
When a decree of condemnation is entered against the article, court costs, fees and storage charges, and other proper expenses, must be awarded against the person, if any, intervening as claimant of the article.

[9:269:1955]—(NRS A 1971, 1141 ; 2003, 617 ; 2015, 3635 )—(Substituted in revision for NRS 586.440)

NRS 587.889

NRS

587.889

Adulteration unlawful.

It is unlawful for a person to adulterate commercial feed.
For the purposes of subsection 1, commercial feed is adulterated if:

(a) It contains a poisonous or deleterious substance which may cause it to be injurious to the health of an animal;

(b) It contains a poisonous, deleterious or nonnutritive substance which is unsafe pursuant to section 406 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346;

(c) It contains a food additive which is unsafe pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

(d) It is a raw agricultural commodity that contains a pesticide which is unsafe pursuant to section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a, unless:

(1) The raw agricultural commodity has been processed using a method such as canning, cooking, freezing, dehydrating or milling;

(2) The residue of the pesticide has been removed to the extent possible through such a method;

(3) The concentration of the pesticide in the commercial feed is not greater than the tolerance prescribed for the raw agricultural commodity; and

(4) Feeding the commercial feed to an animal is not likely to result in a pesticide residue in any edible product of the animal which is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a;

(e) It contains any color additive which is unsafe pursuant to section 721 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 379e;

(f) It contains an animal drug which is unsafe pursuant to section 512 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 360b;

(g) It contains any filthy, putrid or decomposed substance or is for any other reason unfit to be used as commercial feed;

(h) It has been prepared, packaged or held under unsanitary conditions whereby it may have become contaminated with filth or may have been rendered injurious to the health of an animal;

(i) It contains the product of a diseased animal or an animal which has died in a manner which is unsafe within the meaning of section 402 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 342;

(j) The container of the commercial feed is composed, in whole or in part, of any poisonous or deleterious substance which may render the commercial feed injurious to the health of an animal;

(k) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 348;

(l) Any valuable component of the commercial feed has been, in whole or in part, omitted or abstracted;

(m) The composition or quality of the commercial feed is below or differs from that which is listed on the label;

(n) It contains a drug and the methods, facilities or controls used to manufacture, process or package the commercial feed do not conform to current practices of good manufacturing, unless the Department determines that such a practice is not appropriate for use in this State; or

(o) It contains viable weed seeds in an amount which exceeds the limits established by the Department. As used in this paragraph, weed seeds has the meaning ascribed to it in NRS 587.073 .

(Added to NRS by 2015, 2473 )

NRS 719.250

NRS

719.250

Provision of information in writing; presentation of records.

If parties have agreed to conduct a transaction by electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.
If a law other than this chapter requires a record to be posted or displayed in a certain manner, to be sent, communicated or transmitted by a specified method or to contain information that is formatted in a certain manner, the following rules apply:

(a) The record must be posted or displayed in the manner specified in the other law.

(b) Except as otherwise provided in paragraph (b) of subsection 6, the record must be sent, communicated or transmitted by the method specified in the other law.

If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:

(a) The cancellation or termination of service by a public utility;

(b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;

(c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy of life insurance, excluding annuities; or

(d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.

A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.
The requirements of this section may not be varied by agreement, but:

(a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction may also be varied by agreement; and

(b) A requirement under a law other than this chapter to send, communicate or transmit a record by first-class mail, postage prepaid, regular United States mail, may be varied by agreement to the extent permitted by the other law.

(Added to NRS by 2001, 2716 )

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)