2005 Nevada Revised Statutes - Chapter 555 — Control of Insects, Pests and Noxious Weeds

CHAPTER 555 - CONTROL OF INSECTS, PESTS ANDNOXIOUS WEEDS

GENERAL PROVISIONS

NRS 555.005 Definitions.

NRS 555.010 Director:Authorization to investigate and control pests, plant diseases and disorders,and noxious weeds.

NRS 555.021 Director:Cooperation for suppression of vertebrate pests.

NRS 555.031 WeedControl Analyst: Creation; appointment.

NRS 555.033 WeedControl Analyst: Duties.

NRS 555.035 Accountfor the Control of Weeds; creation; use of money in Account; acceptance ofgifts and grants.

NRS 555.100 Departmentto conduct inspections; notice to control, treat or eradicate pest or plantdisease.

NRS 555.110 Premisesinfested with pest or plant disease declared to be public nuisance; abatementby Department.

NRS 555.120 Expensesfor abatement of nuisance become lien against property; notice of lien; actionto foreclose lien; sales.

NRS 555.125 Regulationof host plants in infested areas: Hearing; order; enforcement; penalty.

INSPECTION AND DESTRUCTION OF NOXIOUS WEEDS

NRS 555.130 Designationof noxious weeds.

NRS 555.140 Generalpowers and duties of State Quarantine Officer; use of funds received forpurpose of control or eradication of noxious weeds.

NRS 555.150 Eradicationof noxious weeds by owner or occupant of land.

NRS 555.160 StateQuarantine Officer to investigate noxious weeds; notice to owner or occupant ofland where noxious weeds are found.

NRS 555.170 Neglectof owner or occupant to eradicate weeds after notice; action by countycommissioners; payment of costs by county.

NRS 555.180 Countytreasurer to mail itemized statement of costs to owner or occupant; objectionsand hearing; costs constitute lien on land.

NRS 555.190 Incorporatedcity to pay county for any expense incurred by county to eradicate noxiousweeds within city.

NRS 555.200 Removalof noxious weeds from public domain; reimbursement by Federal Government.

NRS 555.201 Penalty.

WEED CONTROL DISTRICTS

NRS 555.202 Legislativedeclaration.

NRS 555.203 Creationof district: Initiation by board of county commissioners or petition; hearing;exclusion of land; addition of power to control and eradicate noxious weeds.

NRS 555.205 Boardof directors: Number; qualifications; appointment; terms; vacancies.

NRS 555.207 Boardof directors: Powers.

NRS 555.208 Reviewof action of board of county commissioners or board of directors by State Boardof Agriculture; notice and hearing; judicial review.

NRS 555.209 Regulations.

NRS 555.210 Performanceof necessary work by weed control officer on failure by landowner; charges aslien.

NRS 555.215 Assessmentsof real property in district; medium-term obligations.

NRS 555.217 Changeof boundaries: Petition; notice and hearing; resolution; ratification by boardof county commissioners.

NRS 555.220 Penalty.

REGULATION OF NURSERIES AND NURSERY STOCK

NRS 555.235 Definitions.

NRS 555.23515 Brokerdefined.

NRS 555.23523 Dangerouslyinjurious plant pest defined.

NRS 555.23525 Dealerof nursery stock defined.

NRS 555.23537 Holddefined.

NRS 555.2354 Infesteddefined.

NRS 555.23542 Inspectingofficer defined.

NRS 555.23544 Inspectioncertificate defined.

NRS 555.2355 Licensedefined.

NRS 555.23551 Licenseedefined.

NRS 555.2356 Nurserydefined.

NRS 555.23562 Nurserystock defined.

NRS 555.2357 Peddlerdefined.

NRS 555.23572 Pest defined.

NRS 555.23575 Phytosanitarycertificate defined.

NRS 555.23577 Quarantinepest defined.

NRS 555.2358 Selldefined.

NRS 555.236 Licenserequired to produce, hold, distribute, collect or sell nursery stock;exceptions; waivers.

NRS 555.237 Applicationfor license; transfer of license prohibited; display of license.

NRS 555.238 Scheduleof annual fees for licenses.

NRS 555.239 Renewalof license; fee.

NRS 555.241 Revocationor suspension of or refusal to issue or renew license; notice and hearing.

NRS 555.242 Terminalinspection of nursery stock.

NRS 555.243 Regulations;standards.

NRS 555.244 Inspectionof businesses, invoices and applicable certificates.

NRS 555.245 Certificationof pest conditions or quality of nursery stock for shipment; fees.

NRS 555.246 Certificatesrequired for shipments of nursery stock; carrier prohibited from deliveringnursery stock without appropriate certificate; exemption.

NRS 555.247 Labelingof containers of nursery stock; bulk shipments.

NRS 555.248 Infectedor infested nursery stock: Shipment from State; destruction; treatment.

NRS 555.2485 Enforcementby Director: Administrative fine; order to correct violation; request foraction by district attorney; regulations.

NRS 555.249 Penalties.

CUSTOM APPLICATION OF PESTICIDES

NRS 555.2605 Definitions.

NRS 555.261 Agentdefined.

NRS 555.2615 Aircraftdefined.

NRS 555.2617 Certificatedefined.

NRS 555.2618 Certifiedapplicator defined.

NRS 555.2619 Commercialapplicator defined.

NRS 555.2625 Defoliantdefined.

NRS 555.263 Desiccantdefined.

NRS 555.2634 Environmentdefined.

NRS 555.264 Fungidefined.

NRS 555.2645 Groundequipment defined.

NRS 555.265 Insectdefined.

NRS 555.2655 Nematodedefined.

NRS 555.266 Persondefined.

NRS 555.2665 Pestdefined.

NRS 555.2667 Pestcontrol defined.

NRS 555.267 Pesticidedefined.

NRS 555.2675 Plantregulator defined.

NRS 555.2681 Privateapplicator defined.

NRS 555.2683 Restricted-usepesticide defined.

NRS 555.2685 Snailsor slugs defined.

NRS 555.2687 Supervisiondefined.

NRS 555.269 Weeddefined.

NRS 555.2695 Wildlifedefined.

NRS 555.270 Policyof this State; purpose of provisions.

NRS 555.273 Provisionsconcerning restricted-use pesticides applicable to governmental agencies andpublic utilities.

NRS 555.277 Exemptionof farmer-owners and gardeners.

NRS 555.280 Licenserequired to engage in pest control.

NRS 555.285 Licenserequired to engage in activities concerning control of wood-destroying pests ororganisms.

NRS 555.290 Applicationfor license. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 555.290 Applicationfor license. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 555.300 Examinationand qualifications of applicant.

NRS 555.310 Feesestablished by regulation.

NRS 555.320 Issuance,expiration and renewal of license. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 555.320 Issuance,expiration and renewal of license. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 555.325 Applicationfor license: Statement by applicant concerning payment of child support;grounds for denial; duty of Director. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 555.330 Proofof insurance required of applicant for license; actions by injured persons;limitation of actions; investigations by Director.

NRS 555.350 Suspension,revocation or modification of license.

NRS 555.3505 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 555.3507 Primaryprincipal required at each business location; suspension of license for failureto comply.

NRS 555.351 Restricted-usepesticides: Certificate and permits required for use.

NRS 555.353 Restricted-usepesticides: Application for certificate.

NRS 555.355 Restricted-usepesticides: Qualifications and examination of applicant for certificate; feesestablished by regulation.

NRS 555.357 Restricted-usepesticides: Issuance, expiration and renewal of certificates; regulationsconcerning renewal.

NRS 555.359 Restricted-usepesticides: Denial, suspension, revocation or modification of certificate.

NRS 555.360 Judicialreview of action of Director.

NRS 555.370 Inspectionof equipment; repairs.

NRS 555.380 Regulationsof Director: Materials and methods for application.

NRS 555.390 Regulationsof Director: Records and reports of licensees and certified applicators.

NRS 555.400 Regulationsof Director: General authority; limitations.

NRS 555.410 Publicationof information regarding injuries from improper application and prevention ofinjuries.

NRS 555.420 Authorityof Director and inspectors to enter and inspect public or private premises.

NRS 555.460 Violationof provisions: Criminal penalty; administrative fine.

NRS 555.470 Enforcementby Director: Administrative fine; order to correct violation; request foraction by district attorney; regulations.

RODENT CONTROL DISTRICTS

NRS 555.500 Legislativedeclaration.

NRS 555.510 Creationof district: Petition; notice and hearing; exclusion of land.

NRS 555.520 Boardof directors: Number; qualifications; appointment; terms; vacancies.

NRS 555.530 Boardof directors: Powers.

NRS 555.540 Regulations.

NRS 555.550 Submissionof plans by landowners after promulgation of regulations; performance ofnecessary work by rodent control officer on failure by landowner; charges aslien.

NRS 555.560 Assessments;liens; loans.

NRS 555.570 Penalty.

_________

GENERAL PROVISIONS

NRS 555.005 Definitions. As used in this chapter, unless the context requiresotherwise:

1. Department means the State Department ofAgriculture.

2. Director means the Director of the Department.

3. Noxious weed means any species of plant which is,or is likely to be, detrimental or destructive and difficult to control oreradicate.

4. Vertebrate pest means any animal of the subphylumVertebrata, except predatory animals, which is normally considered to be apest, including a gopher, ground squirrel, rat, mouse, starling, blackbird andany other animal which the Director may declare to be a pest.

(Added to NRS by 1961, 512; A 1975, 555; 1993, 1709;1997, 479; 1999, 3640)

NRS 555.010 Director:Authorization to investigate and control pests, plant diseases and disorders,and noxious weeds. Within the limits of any appropriationmade by law, the Director may:

1. Investigate the prevalence of; and

2. Take the necessary action to control,

vertebrateand invertebrate pests of plants and animals, plant diseases, physiologicalplant disorders and noxious weeds for the protection of the crops, livestock,public health, wildlife, water quality and beneficial uses of land in the Stateof Nevada.

[1:53:1941; 1931 NCL 373.01] + [1:108:1943] +[1:179:1945] + [1:217:1947; 1943 NCL 373.04](NRS A 1959, 245; 1961, 521;1967, 316; 1975, 555; 1993, 1709; 1997, 479; 1999, 3640)

NRS 555.021 Director:Cooperation for suppression of vertebrate pests. TheDirector may cooperate, financially or otherwise, with any federal agency orDepartment, any other state agency or department, any county, city, public districtor political subdivision of this State, any public or private corporation, andany natural person or group of natural persons in suppressing vertebrate pestsinjurious to the state agricultural interests and in suppressing vertebratepest vectors of diseases transmissible and injurious to humans.

(Added to NRS by 1975, 555; A 1993, 1710; 1999, 3640)

NRS 555.031 WeedControl Analyst: Creation; appointment.

1. The position of Weed Control Analyst is herebycreated in the Department.

2. The Director shall appoint the Weed ControlAnalyst. The person so appointed:

(a) Is in the classified service of the State;

(b) Must be a scientist who possesses a masters degreein one of the biological sciences from an accredited college or university; and

(c) Must be selected on the basis of his training,experience, capability and interest in biological methods of controllingnoxious weeds.

(Added to NRS by 1999, 2849)

NRS 555.033 WeedControl Analyst: Duties. The Weed ControlAnalyst shall:

1. Research biological methods of controlling noxiousweeds in this State;

2. Document the effectiveness of those methods incontrolling noxious weeds;

3. Develop strategies for managing noxious weeds inthis State; and

4. Perform such other duties as requested by theDirector.

(Added to NRS by 1999, 2849)

NRS 555.035 Accountfor the Control of Weeds; creation; use of money in Account; acceptance ofgifts and grants.

1. There ishereby created in the State General Fund the Account for the Control of Weedsto be administered by the Director. Money in the Account must be used for theabatement of weeds. The Director may adopt regulations for the administrationof the Account.

2. The Account is a continuing account withoutreversion to the State General Fund. The money in the Account must be investedas the money in other state funds or accounts is invested. The interest andincome earned on the money in the Account, after deducting any appropriate charges,must be credited to the Account. All claims against the Account must be paid asother claims against the State are paid.

3. The Director may accept gifts, grants and donationsfrom any source for deposit in the Account.

(Added to NRS by 2005, 2452)

NRS 555.100 Departmentto conduct inspections; notice to control, treat or eradicate pest or plantdisease.

1. The Department shall, if necessary or if acomplaint is made to the Department, cause an inspection to be conducted of anypremises, land, means of conveyance or article of any person in this State, andif found infested with any pest or plant disease that is injurious to:

(a) The public health or quality of any water in thisState; or

(b) Any wildlife, beneficial use of land or agriculturein this State,

theDepartment may provide a written notice of its findings to the owner or occupantof the premises, land, means of conveyance or article and require him tocontrol, treat or eradicate the pest or plant disease in the manner and withinthe period specified in the notice.

2. A notice issued pursuant to the provisions ofsubsection 1:

(a) May be served upon the owner or occupant by anofficer or employee of the Department; and

(b) Must be served in writing, by certified mail orpersonally, with receipt given therefor.

[Part 1:56:1917; 1919 RL p. 2628; NCL 449](NRS A1961, 522; 1993, 1710; 1999,3640; 2001, 699;2003, 533)

NRS 555.110 Premisesinfested with pest or plant disease declared to be public nuisance; abatementby Department.

1. Any premises found to be infested with any pest orplant disease is hereby adjudged and declared to be a public nuisance. If sucha nuisance exists at any place within the jurisdiction of the Department andthe owner or occupant of the premises, after notification, refuses or neglectsto abate the nuisance within the period specified, the Department shall causethe nuisance to be abated at once by eradicating or controlling pests or plantdiseases in a manner to be determined by the Department.

2. The expense thereof must be paid from any moneymade available to the Department by direct legislative appropriation orotherwise.

[Part 1:56:1917; 1919 RL p. 2628; NCL 449](NRS A1961, 522; 1993, 1710; 1999,3641; 2003, 534)

NRS 555.120 Expensesfor abatement of nuisance become lien against property; notice of lien; actionto foreclose lien; sales.

1. All sums paid by the Department constitute a lienon the property and premises from which the nuisance has been removed or abatedpursuant to NRS 555.100 and 555.110, and may be recovered by an actionagainst that property and premises.

2. A notice of lien must be filed and recorded in theoffice of the county recorder of the county in which the property and premisesare situated within 30 days after the right to liens has accrued.

3. An action to foreclose a lien may be commenced atany time within 1 year after the filing and recording of the notice of lien,which action must be brought in the proper court by the district attorney ofthe county in the name and for the benefit of the Department.

4. If the property is sold, enough of the proceedsmust be paid to the Department to satisfy the lien and costs, and the overplus,if any, must be paid to the owner of the property if he is known, and if not,into the Court for his use when ascertained. All sales under the provisions ofthis section and NRS 555.100 and 555.110 must be made in the same manner andupon the same notice as sales of real property under execution from a JusticeCourt.

[Part 1:56:1917; 1919 RL p. 2628; NCL 449](NRS A1961, 523; 1993, 1710; 1999,3641)

NRS 555.125 Regulationof host plants in infested areas: Hearing; order; enforcement; penalty.

1. If it appears that an area has or is likely tobecome infested with a pest which cannot be practically eradicated orcontrolled except by the means provided in this section, the Department shallhold a public hearing to determine the necessity of declaring a time duringwhich or an area in which plants capable of acting as hosts for the pest maynot be planted, grown, cultivated, maintained or allowed to exist.

2. Notice of the hearing must be given to all growersof the host plants within the area and must specify:

(a) The time and place of the hearing.

(b) The host plant.

(c) The pest.

(d) The purpose of the hearing.

3. If, after the hearing, the Department determinesthat the pest cannot otherwise be practically eradicated or controlled, theDepartment shall issue an order prescribing a time during which or an area inwhich the host plants may not be planted, grown, cultivated, maintained orallowed to exist, and requiring owners or occupiers of property upon which thehost plants exist to eradicate the plants.

4. If the owner or occupant neglects or refuses toeradicate the plants, the Department may do so in the manner prescribed by NRS 555.110.

5. Any person violating such an order is guilty of amisdemeanor.

(Added to NRS by 1967, 418; A 1993, 1711; 1999, 3641)

INSPECTION AND DESTRUCTION OF NOXIOUS WEEDS

NRS 555.130 Designationof noxious weeds. The State Quarantine Officermay declare by regulation the weeds of the state that are noxious weeds, but aweed must not be designated as noxious which is already introduced andestablished in the State to such an extent as to make its control oreradication impracticable in the judgment of the State Quarantine Officer.

[Part 1:174:1929; NCL 414](NRS A 1997, 479)

NRS 555.140 Generalpowers and duties of State Quarantine Officer; use of funds received forpurpose of control or eradication of noxious weeds.

1. The State Quarantine Officer shall carry out andenforce the provisions of NRS 555.130 to555.220, inclusive.

2. To secure information better to carry out theprovisions of NRS 555.130 to 555.220, inclusive, the State QuarantineOfficer may conduct reasonably limited trials of various methods of controllingor eradicating noxious or potentially noxious weeds under practical Nevadaconditions.

3. The State Quarantine Officer may providesupervision and technical advice in connection with any project approved by himfor the control or eradication of any noxious weed or weeds in this State.

4. All funds appropriated for, or received incidentto, the control or eradication of any noxious weeds must be available forcarrying out the provisions of NRS 555.130to 555.220, inclusive.

[2:174:1929; A 1941, 377; 1931 NCL 415](NRS A1961, 523; 1997, 479)

NRS 555.150 Eradicationof noxious weeds by owner or occupant of land. Everyrailroad, canal, ditch or water company, and every person owning, controllingor occupying lands in this State, and every county, incorporated city ordistrict having the supervision and control over streets, alleys, lanes,rights-of-way, or other lands, shall cut, destroy or eradicate all weedsdeclared and designated as noxious as provided in NRS 555.130, before such weeds propagateand spread, and whenever required by the State Quarantine Officer.

[Part 1:174:1929; NCL 414](NRS A 1961, 524; 1987,1728; 1997, 480)

NRS 555.160 StateQuarantine Officer to investigate noxious weeds; notice to owner or occupant ofland where noxious weeds are found.

1. The State Quarantine Officer shall make or cause tobe made a careful examination and investigation of the spread, development andgrowth of noxious weeds in this State. Upon the discovery of those weeds, heshall ascertain the name of the owner or occupant of the land and thedescription of the land where the weeds are found. The State Quarantine Officermay serve notice in writing upon the owner or occupant of the land to cut,eradicate or destroy the weeds within such time and in such manner asdesignated and described in the notice. One such notice shall be deemedsufficient for the entire season of weed growth during that year.

2. Notices may be served upon the owner or occupant byan officer or employee of the Department, and must be served in writing,personally or by certified mail, with receipt given therefor.

[3:174:1929; NCL 416](NRS A 1961, 524; 1993, 1711;1997, 480; 1999, 3642)

NRS 555.170 Neglectof owner or occupant to eradicate weeds after notice; action by countycommissioners; payment of costs by county.

1. If any owner or occupant of the lands described inthe notice served, as provided in NRS555.160, shall fail, neglect or refuse to cut, destroy or eradicate theweeds designated, upon the land described, in accordance with the requirementsof the notice, the State Quarantine Officer may notify the board of countycommissioners of the county or counties in which the land is located of suchfailure, neglect or refusal.

2. Upon notice as provided in subsection 1, the boardof county commissioners concerned shall proceed to have cut, destroyed oreradicated the weeds in question in accordance with the requirements of thenotice served upon the owner or occupant of the land in question, paying forsuch cutting, destruction or eradication out of county funds.

3. Upon the completion of such work of cutting,destruction or eradication of such weeds, the board of county commissionersshall prepare in triplicate itemized statements of all expenses incurred in thecutting, destruction or eradication of the weeds involved, and shall deliverthe three copies of the statements to the county treasurer within 10 days ofthe date of the completion of the work involved.

[4:174:1929; NCL 417](NRS A 1961, 524)

NRS 555.180 Countytreasurer to mail itemized statement of costs to owner or occupant; objectionsand hearing; costs constitute lien on land.

1. Upon receipt of the itemized statements of the costof cutting, destroying or eradication of such weeds, the county treasurer shallforthwith mail one copy to the owner or occupant of the land on which the weedswere cut, destroyed or eradicated, together with a statement that objectionsmay be made to the whole or any part of the statement so filed to the board ofcounty commissioners within 30 days. A hearing may be had upon any objectionsmade.

2. If any objections to any statement are filed withthe board of county commissioners, the board shall set a date for a hearing,giving due notice thereof, and upon the hearing fix and determine the actualcost of cutting, destroying or eradicating the weeds and report its findings tothe county treasurer.

3. If no objections to the items of the accounts sofiled are made within 30 days of the date of mailing the itemized statement,the county treasurer shall enter the amount of such statement upon his tax rollin a column prepared for that purpose; and within 10 days from the date of theaction of the board of county commissioners upon objections filed, the countytreasurer shall enter the amount found by the board of county commissioners asthe actual cost of cutting, destroying or eradicating the weeds in the preparedcolumn upon the tax roll.

4. If current tax notices have been mailed, the costsmay be carried over on the rolls to the year following. The costs incurredshall be a lien upon the land from which the weeds were cut, destroyed oreradicated, and shall be collected as provided by law for the collection ofother liens.

[5:174:1929; NCL 418](NRS A 1961, 525)

NRS 555.190 Incorporatedcity to pay county for any expense incurred by county to eradicate noxiousweeds within city. Any expense incurred by anycounty in the cutting, destroying or eradicating of noxious weeds from anystreet, lane, alley or other property owned or controlled by an incorporatedcity in that city, in accordance with the provisions of NRS 555.170, must be repaid to the countyfrom the general fund of the incorporated city, upon presentation to thegoverning body of the incorporated city of an itemized statement of the expenseso incurred.

[6:174:1929; NCL 419](NRS A 1987, 1728; 1997, 480)

NRS 555.200 Removalof noxious weeds from public domain; reimbursement by Federal Government.

1. Whenever a noxious weed is found growing upon thepublic domain or any other lands in this State owned by the Federal Government,the State Quarantine Officer may serve notice, as provided in NRS 555.160, upon the person within thecounty or this State who is in charge of the activities of the federal agencyhaving control or jurisdiction of the land.

2. If the agency described in the notice fails orrefuses to comply with the notice, the State Quarantine Officer may provide forthe cutting, destruction or eradication of the weeds in any manner permitted byfederal law. The State Quarantine Officer or the political subdivision shallseek reimbursement from the Federal Government for any expense incurred by theState or the political subdivision pursuant to this section.

[7:174:1929; NCL 420](NRS A 1961, 525; 1979, 292;1997, 480)

NRS 555.201 Penalty. Any person violating any of the provisions of NRS 555.130 to 555.200, inclusive, or failing, refusing orneglecting to perform or observe any conditions or regulations prescribed bythe State Quarantine Officer, in accordance with the provisions of NRS 555.130 to 555.200, inclusive, is guilty of amisdemeanor.

[Part 9:174:1929; NCL 422](NRS A 1969, 518)

WEED CONTROL DISTRICTS

NRS 555.202 Legislativedeclaration. The Legislature declares that itis primarily the responsibility of each owner or occupier of land in this Stateto control weeds on his own land, but finds that in certain areas thisresponsibility can best be discharged through control by organized districts.

(Added to NRS by 1969, 516)

NRS 555.203 Creationof district: Initiation by board of county commissioners or petition; hearing;exclusion of land; addition of power to control and eradicate noxious weeds.

1. The board of county commissioners of any countymay, in accordance with chapter 308 of NRS,create one or more weed control districts in that portion of the county whichlies outside any incorporated city. Creation of such a district may beinitiated by the board of county commissioners or by a petition which:

(a) Designates the area to be included in the weedcontrol district, either as the entire unincorporated area of the county or bysections or parts of sections with appropriate township and range references;and

(b) Is signed by an owner of land within the proposedweed control district.

2. Lands proposed for inclusion in a weed controldistrict need not be contiguous.

3. Before creating a weed control district, the boardof county commissioners shall:

(a) Hold at least one public hearing pursuant to NRS 308.070. At this hearing, the board ofcounty commissioners shall entertain applications for the exclusion of lands,designated by sections or parts of sections as prescribed in subsection 1, fromthe proposed district, if any such application is made. The board of countycommissioners shall exclude any such lands as to which it is shown to theirsatisfaction that any weeds which exist on that land do not rendersubstantially more difficult the control of weeds on other lands in theproposed district.

(b) Provide for the hearing of protests against theestablishment of the district in the manner set forth in NRS 318.065 and 318.070.

4. The board of trustees of a general improvementdistrict may, in accordance with NRS 318.077,add to the basic powers of the district the control and eradication of noxiousweeds.

(Added to NRS by 1969, 516; A 1981, 1641; 1987, 1728;1997, 481)

NRS 555.205 Boardof directors: Number; qualifications; appointment; terms; vacancies.

1. The board of county commissioners of any county inwhich a weed control district has been created shall appoint a board ofdirectors of the district composed of three or five persons who:

(a) Are landowners in the district, whether or not theysigned the petition for its creation. For the purpose of this paragraph, if anycorporation or partnership owns land in the district, a partner or a director,officer or beneficial owner of 10 percent or more of the stock of thecorporation shall be deemed a landowner.

(b) Fairly represent the agricultural economy of thedistrict.

2. If the district includes lands situated in morethan one county, the board of county commissioners shall appoint at least onemember of the board of directors from each county in which one-third or more ofthe lands are situated.

3. The initial appointments to the board of directorsshall be for terms of 1, 2 and 3 years respectively. Each subsequentappointment shall be for a term of 3 years. Any vacancy shall be filled byappointment for the unexpired term.

4. In addition to other causes provided by law, avacancy is created on the board if any director:

(a) Ceases to be a landowner in the district.

(b) Is absent, unless excused, from three meetings ofthe board.

5. If, as a result of a change in the boundaries ofthe district, a county becomes entitled to a new member of the board ofdirectors pursuant to subsection 2, the board of county commissioners shallmake the new appointment upon the first expiration of the term of a currentmember thereafter.

(Added to NRS by 1969, 517; A 1981, 1642; 2005, 935)

NRS 555.207 Boardof directors: Powers. The board of directorsof a weed control district may:

1. With the approval of the State Quarantine Officer,appoint a weed control officer.

2. Receive and expend any moneys provided byassessment, voluntary contribution or otherwise for the control of weeds in thedistrict.

3. Exercise any other power necessary or proper toeffectuate the purposes for which the district exists.

4. Elect a chairman from among its members, andsecretary who may or may not be a member.

(Added to NRS by 1969, 517)

NRS 555.208 Reviewof action of board of county commissioners or board of directors by State Boardof Agriculture; notice and hearing; judicial review.

1. The board of directors of a weed control districtor the board of county commissioners of any county having lands situated in aweed control district or proposed for inclusion in such a district may requestthat the State Board of Agriculture review any action taken by the board ofcounty commissioners of a county, or the board of directors of the district, inconnection with the creation of the district or a change in the boundaries ofthe district.

2. Upon receiving such a request the State Board ofAgriculture shall, after notice and opportunity for a hearing, affirm orreverse the action. The decision of the State Board of Agriculture is a finaldecision for purposes of judicial review.

3. This section does not limit the right of anylandowner to seek judicial review of actions taken by a board of directors or aboard of county commissioners in connection with the creation of a district ora change in the boundaries of a district.

(Added to NRS by 1981, 1641)

NRS 555.209 Regulations.

1. The board of directors shall prepare regulationsfor the weed control district, which shall include but are not limited to:

(a) The species of weeds to be controlled in thedistrict.

(b) The means of direct control by spray, cultivationor otherwise.

(c) The means of indirect control, including themovement from, to and within the district of agricultural machinery,agricultural products, livestock and other vectors capable of spreading theweeds designated for control.

2. One copy of the proposed regulations must bedelivered to the State Quarantine Officer, and at least two copies madeavailable for public inspection in the office of the district secretary or thecounty clerk, as the board may by resolution prescribe.

3. The State Quarantine Officer shall then hold apublic hearing in the county in which is located the larger or largestproportion of the area of the district, to consider the proposed regulations,of which he shall give notice by publication, in a newspaper of generalcirculation in each county having lands situated in the district, of at leastone notice published not less than 10 days before the hearing. At this hearing,the State Quarantine Officer shall entertain written suggestions for themodification of the regulations.

4. After the hearing, and any additional time whichthe State Quarantine Officer may allow for the submission of additional factsor proposals, he shall approve, modify or disapprove the proposed regulations.If the board of directors of the district does not concur in the action of theState Quarantine Officer, the State Board of Agriculture shall establish theregulations.

(Added to NRS by 1969, 517; A 1981, 1643)

NRS 555.210 Performanceof necessary work by weed control officer on failure by landowner; charges aslien. If any landowner fails to carry out aplan of weed control for his land in compliance with the regulations of thedistrict, the weed control officer may enter upon the land affected, performany work necessary to carry out the plan, and charge such work against thelandowner. Any such charge, until paid, is a lien against the land affectedcoequal with a lien for unpaid general taxes, and may be enforced in the samemanner.

[2.5:174:1929; added 1949, 560; 1943 NCL 415.01](NRS A 1969, 518)

NRS 555.215 Assessmentsof real property in district; medium-term obligations.

1. Upon the preparation and approval of a budget inthe manner required by the Local Government Budget and Finance Act, the boardof county commissioners of each county having lands situated in the districtshall, by resolution, levy an assessment upon all real property in the countywhich is in the weed control district.

2. Every assessment so levied is a lien against theproperty assessed.

3. Amounts collected in counties other than the countyhaving the larger or largest proportion of the area of the district must bepaid over to the board of county commissioners of that county for the use ofthe district.

4. The county commissioners of that county may obtainmedium-term obligations pursuant to NRS350.087 to 350.095, inclusive, of anamount of money not to exceed the total amount of the assessment, to pay theexpenses of controlling the weeds in the weed control district. The loans maybe made only after the assessments are levied.

(Added to NRS by 1959, 391; A 1969, 518; 1981, 1643;1995, 1829; 1999, 278;2001, 1827, 2336; 2003, 162)

NRS 555.217 Changeof boundaries: Petition; notice and hearing; resolution; ratification by boardof county commissioners.

1. The boundaries of a weed control district may bechanged in the manner prescribed in this section or in subsection 3 of NRS 308.080, but the change of boundariesof the district does not:

(a) Impair or affect its organization or its rights inor to property, or any of its rights or privileges whatsoever.

(b) Affect or impair or discharge any contract,obligation, lien or charge for or upon which it or the owners of property inthe district might be liable or chargeable had the change of boundaries notbeen made.

2. The owners of lands may file with the board of directorsa petition in writing praying that those lands be included in or excluded fromthe district. The petition must describe the tracts or body of land owned bythe petitioners, and the petition shall be deemed to give the consent of thepetitioners to the inclusion in or the exclusion from the district of the landsdescribed in the petition. The petition must be acknowledged in the same mannerthat conveyances of land are required to be acknowledged.

3. The board of directors of the district may, on itsown motion or upon petition of any person other than the owner, initiateproceedings for the inclusion of land in the district. A petition filed withthe board of directors for this purpose must be in writing and must describethe tracts or body of land proposed to be included, allege that the landsdescribed contain certain weeds that are harmful to owners of land in thedistrict and request that the lands be included in the district.

4. Areas proposed for inclusion in a weed controldistrict need not be located in the same county as other portions of thedistrict and need not be contiguous to other portions of the district.

5. The secretary of the board shall give notice offiling of the petition, or initiation of proceedings by the board, to the owneror owners of the lands described in the petition or motion of the board andshall cause notice to be published in a newspaper of general circulation in thecounty in which the lands described are situated. The notices must require allpersons interested to appear at the office of the board at the time specifiedin the notice and show cause in writing why the request should not be granted.

6. The board shall at the time specified in thenotice, or at the time or times to which the hearing may be adjourned, proceedto hear the request and all written objections presented to show cause why therequest should not be granted. The failure of any person interested to showcause in writing must be considered an approval by that person of the inclusionin or the exclusion from the district of the lands as requested.

7. Upon conclusion of the hearing the board byresolution shall approve the request, subject to ratification by the board ofcounty commissioners of the county in which the lands are situated if therequest is for the inclusion of lands, or deny the request. In the case ofproceedings initiated pursuant to subsection 3, the board may approve theinclusion in the district of the described lands only if it determines that thelands contain weeds that are harmful to owners of land in the district. Theboard may defer adoption of the resolution to a special meeting or its firstregular meeting after conclusion of the hearing, whichever is sooner.

8. A copy of the resolution, adopted pursuant tosubsection 7, must be filed with the board of county commissioners of eachcounty in which all or a part of the district is located.

9. No action of the board of directors approving theinclusion of lands within the district becomes effective unless it is ratifiedby the board of county commissioners of the county in which the lands aresituated. The board of county commissioners may ratify the action at any timeafter the filing of the resolution, but if the board has neither ratified theaction nor denied ratification within 90 days after the date the resolution wasfiled pursuant to subsection 8, the action of the board of directors shall bedeemed ratified.

(Added to NRS by 1973, 1076; A 1981, 1643; 1997, 482)

NRS 555.220 Penalty. Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, or failing, refusing orneglecting to perform or observe any conditions or regulations prescribed bythe State Quarantine Officer, in accordance with the provisions of NRS 555.202 to 555.210, inclusive, is guilty of amisdemeanor.

[Part 9:174:1929; NCL 422](NRS A 1969, 518)

REGULATION OF NURSERIES AND NURSERY STOCK

NRS 555.235 Definitions. As used in NRS 555.235to 555.249, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 555.23515 to 555.2358, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1959, 563; A 1961, 526; 1973, 284;1975, 556; 1985, 525; 1993, 1711; 1999, 708, 3642, 3740; 2003, 534)

NRS 555.23515 Brokerdefined. Broker means any person who acts asan agent for another person in negotiating the purchase or sale of nurserystock but who does not handle either the nursery stock which is involved in thepurchase or sale, or the proceeds of the sale, if applicable.

(Added to NRS by 2003, 532)

NRS 555.23523 Dangerouslyinjurious plant pest defined. Dangerouslyinjurious plant pest means a plant pest that constitutes a significant threatto the public or to the agricultural, forestry or horticultural industry ofthis State.

(Added to NRS by 2003, 532)

NRS 555.23525 Dealerof nursery stock defined. Dealer of nurserystock means a person who produces, holds, distributes, collects or sellsnursery stock, including, without limitation, a retail business, wholesalegrower, landscape contractor, landscape maintenance business, broker andpeddler.

(Added to NRS by 2003, 532)

NRS 555.23537 Holddefined. Hold means to have and maintain possessionof nursery stock at a temporary or permanent location.

(Added to NRS by 2003, 532)

NRS 555.2354 Infesteddefined. Infested means contaminated with apest or so exposed to a pest that contamination can reasonably be expected toexist.

(Added to NRS by 2003, 532)

NRS 555.23542 Inspectingofficer defined. Inspecting officer means aperson authorized by the Department to inspect nursery stock.

(Added to NRS by 2003, 532)

NRS 555.23544 Inspectioncertificate defined. Inspection certificatemeans a document which is issued by an inspecting officer or an appropriatestate officer who is authorized to inspect nursery stock and which affirms,declares or verifies that the nursery stock, or the nursery or premises fromwhich the nursery stock originated, has been inspected and found to be freefrom plant pests and symptoms of diseases.

(Added to NRS by 2003, 532)

NRS 555.2355 Licensedefined. License means a license issued pursuantto NRS 555.235 to 555.249, inclusive, to a licensee toconduct business as a dealer of nursery stock.

(Added to NRS by 2003, 533)

NRS 555.23551 Licenseedefined. Licensee means a person licensedunder the provisions of NRS 555.235 to 555.249, inclusive.

(Added to NRS by 2003, 533)

NRS 555.2356 Nurserydefined. Nursery means any location:

1. Where nursery stock is grown, propagated, held,stored or sold; or

2. From which nursery stock is distributed directly toa customer.

(Added to NRS by 2003, 533)

NRS 555.23562 Nurserystock defined. Nursery stock means a plantfor planting, propagation or ornamentation, and includes, without limitation,parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers,corms, pips, rhizomes, scions, buds and grafts.

(Added to NRS by 2003, 533)

NRS 555.2357 Peddlerdefined. Peddler means any person who sells,solicits or offers for sale nursery stock to a customer but who does not have anursery located in this State. The term does not include nurserymen licensed byanother state who wholesale nursery stock to retail nurserymen located in thisState or nurserymen who sell nursery stock directly to the public by catalog.

(Added to NRS by 2003, 533)

NRS 555.23572 Pestdefined. Pest means any form of animal orvegetable life detrimental to the crops, horticulture, livestock, publichealth, wildlife, quality of water and beneficial uses of land in this State,including, without limitation, any insect, snail, nematode, fungus, virus,bacterium, microorganism, mycoplasmal organism, weed, parasitic plant or anyother plant that is normally considered to be a pest of cultivated plants,uncultivated plants, agricultural commodities, horticultural products ornursery stock, or that the Director declares to be a pest.

(Added to NRS by 2003, 533)

NRS 555.23575 Phytosanitarycertificate defined. Phytosanitary certificatemeans a certificate from an authorized state plant regulatory officer thatcertifies, affirms, declares or verifies that an article, nursery stock, plantproduct, shipment or other officially regulated item meets federal or statequarantine requirements, as appropriate, including, without limitation, thatthe item is free of dangerously injurious pests or quarantine pests, or thatthe item has been treated in the manner set forth in the rules and regulationsprescribed by the applicable quarantine. The term includes a federalphytosanitary certificate, a state phytosanitary certificate and a certificateof quarantine compliance.

(Added to NRS by 2003, 533)

NRS 555.23577 Quarantinepest defined. Quarantine pest means a pestlisted by the State Quarantine Officer in a quarantine issued pursuant to chapter 554 of NRS.

(Added to NRS by 2003, 533)

NRS 555.2358 Selldefined. Sell means exchange, offer forsale, expose for sale, have in possession for sale, arrange the sale of,solicit for sale, display or advertise for sale, consign, accept onconsignment, or broker the purchase or sale.

(Added to NRS by 2003, 533)

NRS 555.236 Licenserequired to produce, hold, distribute, collect or sell nursery stock;exceptions; waivers.

1. Except as otherwise provided in this section, aperson who engages in the commercial production, holding, distribution,collection or selling of nursery stock must obtain a license from the Director,except:

(a) Retail florists or other persons who sell potted,ornamental plants intended for indoor decorative purposes.

(b) A person not engaged in the nursery or landscapingbusiness who raises nursery stock as a hobby in this State from which he makesoccasional sales, if the person does not advertise or solicit for the sale ofthat nursery stock.

(c) Persons engaged in agriculture and field-growingvegetable plants intended for sale for use in agricultural production.

(d) At the discretion of the Director, persons sellingvegetable bulbs or flower bulbs, including, without limitation, onion sets,tulip bulbs and similar bulbs.

(e) A business licensed by another state that sellsnursery stock only to:

(1) A licensed dealer of nursery stock in thisState; or

(2) The public exclusively by catalog.

(f) A garden club or charitable nonprofit associationconducting sales of nursery stock, provided that the garden club or nonprofitassociation has applied for and received a permit from the Director to conductsuch sales. The Department shall not charge a fee for such a permit.

(g) A state or local governmental entity, including aconservation district. The Department may inspect any plant materials held,distributed, collected or sold by such an entity.

2. The Director may waive the requirements relating tolicensing set forth in NRS 555.235 to 555.249, inclusive, for a person otherwiserequired to obtain a license pursuant to this section if the person only hasoccasional sales of nursery stock to the ultimate customer. To obtain a waiverpursuant to this subsection, the person must:

(a) Submit to the Department a completed applicationfor a license to engage in the business of a dealer of nursery stock thatincludes sufficient information to demonstrate that the person qualifies for awaiver pursuant to this subsection; and

(b) Submit to the Director a notarized affidavit on aform provided by the Department attesting that all information furnished in thecompleted application is true.

A completedapplication submitted to the Department pursuant to this section need not beaccompanied by the fee required by NRS555.238. A waiver issued pursuant to this subsection may be revoked at anytime and must be renewed annually.

3. Persons, state agencies or political subdivisionsexempt from the licensing requirements:

(a) Shall conduct their businesses in accordance withpest regulations and grades and standards for nursery stock as established bythe Director.

(b) Shall register annually, on or before July 1, withthe Department, the location, size and type of nursery stock being sold orproduced.

4. As used in this section, occasional sales meanssales of nursery stock in a gross annual amount that is less than $1,000.

(Added to NRS by 1959, 564; A 1961, 527; 1973, 283;1993, 1712; 1999, 709,3643, 3742; 2003, 534)

NRS 555.237 Applicationfor license; transfer of license prohibited; display of license.

1. Any person applying for a license must do so on theapplication form and in the manner prescribed by the Director.

2. Except as otherwise provided in NRS 555.236, an application for a licensemust be accompanied by the fee established pursuant to NRS 555.238 and by evidence of the goodfaith and character of the applicant.

3. A license is not transferable. If a licenseechanges its business name or the ownership of the licensee changes, thelicensee must obtain a new license. A licensee shall not engage in the businessof a dealer of nursery stock until a new license is issued.

4. A licensee shall prominently display his license athis business location.

(Added to NRS by 1959, 564; A 1961, 527; 1993, 1713; 1999, 3643; 2003, 536)

NRS 555.238 Scheduleof annual fees for licenses. The State Boardof Agriculture may establish by regulation a schedule of annual fees forlicenses.

(Added to NRS by 1959, 564; A 1961, 527; 1983, 1101; 1999, 710, 3598; 2003, 536)

NRS 555.239 Renewalof license; fee.

1. Except as otherwise provided in this section and NRS 555.237, a license expires on June 30of each year. A licensee must apply for the renewal of his nursery licenseannually on or before July 1. It is unlawful to conduct business without acurrent license.

2. The fee for the renewal of a license is ascertainedin accordance with the schedule of fees established pursuant to NRS 555.238.

3. Any license may be renewed after July 1 uponpayment of a penalty fee established by regulation of the State Board ofAgriculture. Such a penalty fee must not exceed $200.

(Added to NRS by 1959, 565; A 1983, 1101; 2003, 536)

NRS 555.241 Revocationor suspension of or refusal to issue or renew license; notice and hearing. The Director may refuse to issue or renew, or may suspendor revoke, a license for violation of any provision of NRS 555.235 to 555.249, inclusive, or any rule or regulationadopted under NRS 555.243, but nolicense may be refused, suspended or revoked pursuant to this section until theapplicant or licensee has been given the opportunity to appear at a hearing.Offenders must be given 15 days notice in writing. The notice must indicatethe offense and the place of hearing.

(Added to NRS by 1959, 565; A 1961, 527; 1993, 1713; 1999, 3644; 2003, 537)

NRS 555.242 Terminalinspection of nursery stock. The Director mayorder any nursery stock to be held for terminal inspection.

(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644)

NRS 555.243 Regulations;standards. The Director may adopt such regulationsas he may deem necessary to:

1. Carry out the intent of NRS 555.235 to 555.249, inclusive.

2. Establish sanitary standards relating to pestconditions of nurseries.

3. Establish mandatory and permissive grades fornursery stock. When mandatory grades are established for nursery stock, allnursery stock sold or offered for sale must be graded and labeled in accordancewith those standards.

4. Establish standards relating to conditions thatinterfere with the proper development of nursery stock after planting.

(Added to NRS by 1959, 565; A 1961, 528; 1981, 89;1993, 1713; 1999,3644)

NRS 555.244 Inspectionof businesses, invoices and applicable certificates.

1. TheDirector or any inspecting officer may enter any business during regularbusiness hours to ascertain compliance with NRS555.235 to 555.249, inclusive, andany regulations adopted pursuant thereto.

2. Invoices and applicable inspection certificates,quarantine certificates and phytosanitary certificates must be made availableto the Director or inspecting officer upon request.

(Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644; 2003, 537)

NRS 555.245 Certificationof pest conditions or quality of nursery stock for shipment; fees.

1. Any person may request the Director to certify topest conditions, quality, viability or grade of nursery stock intended forshipment to comply with the requirements for plant pests established by anystate, territory or foreign country or by contract.

2. The Director may establish a schedule of reasonablefees for those requests for certification.

(Added to NRS by 1959, 565; A 1961, 528; 1973, 285;1993, 1714; 1999,3644)

NRS 555.246 Certificatesrequired for shipments of nursery stock; carrier prohibited from deliveringnursery stock without appropriate certificate; exemption.

1. Except as otherwise provided in this section,nursery stock that is shipped from other states to points within this State andall nursery stock shipped intrastate must be accompanied by an inspectioncertificate which:

(a) Is dated within a reasonable time before shipment;

(b) Is issuedby an authorized state plant regulatory officer; and

(c) Affirms,declares or verifies that the nursery stock, nursery or premises from which thenursery stock originated has been inspected and found free of dangerouslyinjurious plant pests, pests and disease symptoms.

2. Except asotherwise provided in this section, nursery stock that is shipped from otherstates to points within this State, and nursery stock that is shipped intrastate,for which a quarantine has been issued pursuant to chapter554 of NRS or to which a federal quarantine applies, must be accompanied bya phytosanitary certificate.

3. Except asotherwise provided in this section, a corporation, company or natural personengaged in the transportation of freight or express shall not make delivery ofany nursery stock in this State without the inspection certificate orphytosanitary certificate, as appropriate, required by subsections 1 and 2.

4. A shipment of nursery stock which is in thepossession of an in-state dealer of nursery stock licensed with the Departmentand which is being delivered to an in-state customer need not be accompanied bythe inspection certificate or phytosanitary certificate, as appropriate,required by subsections 1 and 2, except that the dealer of nursery stock mustprovide such documents to the Department upon request.

(Added to NRS by 1959, 566; A 1961, 528; 1999, 710; 2003, 537)

NRS 555.247 Labelingof containers of nursery stock; bulk shipments.

1. All nursery stock shipped from other states topoints within this State and all nursery stock shipped intrastate must bear alabel on or attached to:

(a) The outside of the container in which the nurserystock was packed for shipment that indicates the name and address of theconsignee and consignor and contains a statement describing plainly and legiblythe correct botanical or commonly accepted name, or both, for each kind ofnursery stock in the container.

(b) Each individual piece of one kind and variety ofnursery stock or subcontainer or lot containing one kind and variety of nurserystock in each container, that contains a legible statement of the correctbotanical or commonly accepted name, or both, of the nursery stock.

2. Except as otherwise provided in subsection 4 of NRS 555.246, bulk shipments of nurserystock not packed in containers must:

(a) Be accompanied by the appropriate certificaterequired pursuant to NRS 555.246.

(b) Be accompanied by a manifest which must:

(1) State the name and address of the consignorand consignee; and

(2) List and describe plainly and legibly thecorrect botanical or commonly accepted name, or both, for each kind of nurserystock in the bulk shipment.

(c) Be labeled in accordance with the requirements ofsubsection 1.

(Added to NRS by 1959, 566; A 1999, 711; 2003, 538)

NRS 555.248 Infectedor infested nursery stock: Shipment from State; destruction; treatment. Any nursery stock brought into this State which the Directoror inspecting officer finds or has reasonable cause to believe to be infestedor infected with any pest must be destroyed immediately, at the expense of theowner or bailee, under the supervision of the Director or the inspectingofficer, unless:

1. The nature of the pest is such that no detrimentcan be caused to the public, the nursery, agricultural, forestry orhorticultural industry in this State or the general environmental quality ofthis State by shipping the nursery stock out of this State. In that case, theDirector or inspecting officer:

(a) May affix a warning tag or notice to the nurserystock.

(b) Shall notify the owner or bailee to ship thenursery stock out of this State within 48 hours.

(c) Shall keep the nursery stock under his control atthe expense of the owner or bailee.

(d) Shall destroy the nursery stock at the expirationof 48 hours if the owner or bailee has not shipped the nursery stock out ofthis State.

2. The Director determines that the pest can beexterminated by a treatment prescribed by the Director with the result that nodetriment will be caused to the public, the nursery, agricultural, forestry orhorticultural industry in this State or the general environmental quality ofthis State. In that case, nursery stock will be released if the nursery stockis:

(a) Treated in the manner prescribed by the Director;

(b) Treated within the time specified by the Directoror inspecting officer;

(c) Treated under the supervision of the inspectingofficer; and

(d) Found to be free from pests.

(Added to NRS by 1959, 566; A 1961, 529; 1993, 1714; 1999, 712, 3644, 3742)

NRS 555.2485 Enforcementby Director: Administrative fine; order to correct violation; request foraction by district attorney; regulations.

1. The Director shall adopt regulations specifying aschedule of administrative fines which may be imposed, upon notice and ahearing, for each violation of the provisions of NRS 555.235 to 555.249, inclusive, or the regulationsadopted pursuant thereto. The maximum fine that the Director may impose foreach violation may not exceed:

(a) For the first violation, $250;

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

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

All finescollected by the Director pursuant to this section must be deposited with theState Treasurer for credit to the State General Fund.

2. The Director may:

(a) In addition to imposing an administrative finepursuant to this section, issue an order requiring a violator to takeappropriate action to correct the violation. The violator shall pay the cost ofany appropriate action so ordered.

(b) Request the district attorney of the appropriatecounty to investigate or file a criminal complaint against any person who theDirector suspects may have committed flagrant or repeated violations of anyprovision of NRS 555.235 to 555.249, inclusive.

(Added to NRS by 1997, 82; A 1999, 3645; 2003, 538)

NRS 555.249 Penalties. Any person violating the provisions of NRS 555.235 to 555.249, inclusive, or the regulationsadopted pursuant thereto is guilty of a misdemeanor and shall be punished byimprisonment in the county jail for not more than 6 months, or by a fine of notmore than $1,000, or by both fine and imprisonment. The prosecuting attorneyand the Department may recover the costs of the proceeding, includinginvestigative costs and attorneys fees, against a person convicted of amisdemeanor pursuant to this section.

(Added to NRS by 1959, 567; A 1997, 83; 1999, 3645; 2003, 539)

CUSTOM APPLICATION OF PESTICIDES

NRS 555.2605 Definitions. As used in NRS555.2605 to 555.460, inclusive,unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1971, 1252; A 1975, 595; 1997, 2092;1999, 520, 542; 2003, 539)

NRS 555.261 Agentdefined. Agent means any person who solicitsbusiness in behalf of a custom pest control licensee.

(Added to NRS by 1971, 1252; A 1975, 358)

NRS 555.2615 Aircraftdefined. Aircraft means any contrivance nowknown or hereafter invented, used or designed for navigation of, or flight in,the air.

(Added to NRS by 1971, 1252)

NRS 555.2617 Certificatedefined. Certificate means a certificate ofcompetency issued by the Director to a commercial applicator or privateapplicator authorizing that person to make application of or to supervise theapplication of a restricted-use pesticide.

(Added to NRS by 1975, 593; A 1993, 1714; 1999, 3645)

NRS 555.2618 Certifiedapplicator defined. Certified applicatormeans any person who is certified by the Director as qualified to use or tosupervise the use of any restricted-use pesticide.

(Added to NRS by 1975, 593; A 1977, 311; 1993, 1714; 1999, 3646)

NRS 555.2619 Commercialapplicator defined. Commercial applicatormeans a certified applicator who applies or supervises the application of anyrestricted-use pesticide and does not qualify as a private applicator under NRS 555.2681.

(Added to NRS by 1975, 593)

NRS 555.2625 Defoliantdefined. Defoliant means any substance ormixture of substances intended to cause the leaves or foliage to drop from aplant with or without causing abscission.

(Added to NRS by 1971, 1252)

NRS 555.263 Desiccantdefined. Desiccant means any substance ormixture of substances intended to accelerate the drying of plant tissuesartificially.

(Added to NRS by 1971, 1252)

NRS 555.2634 Environmentdefined. Environment includes the water,air, land and all plants and man and other animals living therein and theinterrelationships which exist among these.

(Added to NRS by 1975, 593)

NRS 555.264 Fungidefined. Fungi means allnon-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearingplants of a lower order than mosses and liverworts) as, for example, rusts,smuts, mildews, molds, yeasts and bacteria, except those on or in living man orother animals.

(Added to NRS by 1971, 1252)

NRS 555.2645 Groundequipment defined. Ground equipment meansany machine or device (other than aircraft) for use on land or water, designedfor, or adaptable to, use in applying pesticides as sprays, dusts, aerosols orfogs, or in other forms.

(Added to NRS by 1971, 1252)

NRS 555.265 Insectdefined. Insect means any of the numeroussmall invertebrate animals generally having the body more or less obviouslysegmented, for the most part belonging to the class insecta, comprisingsix-legged, usually winged forms, as for example beetles, bugs, wasps andflies, and to other allied classes of arthropods whose members are wingless andusually have more than six legs, as for example spiders, mites, ticks,centipedes and wood lice.

(Added to NRS by 1971, 1252)

NRS 555.2655 Nematodedefined. Nematode means invertebrate animalsof the phylum nemathelminthes and class nematoda, that is, unsegmented roundworms with elongated, fusiform, or sac-like bodies covered with cuticle, andinhabiting soil, water, plants or plant parts, also called nemas or eelworms.

(Added to NRS by 1971, 1252)

NRS 555.266 Persondefined. Person includes a government, a governmentalagency and a political subdivision of a government.

(Added to NRS by 1971, 1253; A 1985, 526)

NRS 555.2665 Pestdefined. Pest includes, but is not limitedto, any insect, fungus, rodent, nematode, snail, slug and weed and any form ofplant or animal life or virus, except any virus on or in a living human orother animal, which is normally considered to be a pest or which the Directordeclares to be a pest.

(Added to NRS by 1971, 1253; A 1993, 1714; 1999, 3646)

NRS 555.2667 Pestcontrol defined. Pest control means thebusiness of engaging in, advertising or soliciting for:

1. The use for hire of pesticides or mechanicaldevices for the extermination, control or prevention of infestations of pests.

2. The inspection for hire of households or otherstructures and the submission of reports of inspection, estimates or bids,written or oral, for the inspection, extermination, control or prevention ofwood-destroying pests.

(Added to NRS by 1973, 1506; A 1981, 610)

NRS 555.267 Pesticidedefined. Pesticide means:

1. Any substance or mixture of substances, includingany 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 orvirus, except virus on or in a living human or other animal, which is normallyconsidered to be a pest or which the Director declares to be a pest.

2. Any substance or mixture of substances intended tobe used as a plant regulator, defoliant or desiccant, and any other substancesintended for that use as are named by the Director by regulation.

(Added to NRS by 1971, 1253; A 1981, 610; 1993, 1715;1999, 3646)

NRS 555.2675 Plantregulator defined. Plant regulator meansany substance or mixture of substances intended through physiological action toaccelerate or retard the rate of growth or maturation, or otherwise to alterthe behavior of plants, but does not include substances insofar as they areintended to be used as plant nutrients, trace elements, nutritional chemicals,plant inoculants or soil amendments.

(Added to NRS by 1971, 1253)

NRS 555.2681 Privateapplicator defined. Private applicatormeans a certified applicator who uses or supervises the use of anyrestricted-use pesticide for purposes of producing any agricultural commodityon property owned or rented by him or his employer or on the property of hisneighbors if applied without compensation other than trading of personalservices between producers of agricultural commodities.

(Added to NRS by 1975, 593)

NRS 555.2683 Restricted-usepesticide defined. Restricted-use pesticidemeans any pesticide, including any highly toxic pesticide, which:

1. The Director has found and determined, after ahearing, to be:

(a) Injurious to persons, pollinating insects, bees,animals, crops or land, other than pests or vegetation it is intended toprevent, destroy, control or mitigate; or

(b) Detrimental to:

(1) Vegetation, except weeds;

(2) Wildlife; or

(3) Public health and safety; or

2. Has been classified for restricted use by or underthe supervision of a certified applicator in accordance with the FederalEnvironmental Pesticide Control Act, 7 U.S.C. 136 et seq.

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

NRS 555.2685 Snailsor slugs defined. Snails or slugs includeall harmful mollusks.

(Added to NRS by 1971, 1253)

NRS 555.2687 Supervisiondefined. Supervision of the application of arestricted-use pesticide by a certified applicator must be defined byregulation of the Director.

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

NRS 555.269 Weeddefined. Weed means any plant or partthereof which grows where not wanted.

(Added to NRS by 1971, 1253)

NRS 555.2695 Wildlifedefined. Wildlife means all living thingsthat are neither human, domesticated, nor, as defined in NRS 555.2665, pests, including but notlimited to mammals, birds and aquatic life.

(Added to NRS by 1971, 1253)

NRS 555.270 Policyof this State; purpose of provisions. It isthe policy of this State and the purpose of NRS555.2605 to 555.460, inclusive, toregulate, in the public interest, the application of pesticides which, althoughvaluable for the control of pests, may seriously injure man, animals and cropsover wide areas if not properly applied.

[1:215:1955](NRS A 1959, 243; 1967, 368; 1971, 1254;1973, 285; 1975, 595; 2003,539)

NRS 555.273 Provisionsconcerning restricted-use pesticides applicable to governmental agencies andpublic utilities. All state agencies,municipal corporations and public utilities or any other governmental agencyshall be subject to the provisions of NRS555.2605 to 555.460, inclusive, andrules adopted thereunder concerning the application of restricted-usepesticides by any person.

(Added to NRS by 1971, 1253; A 1975, 595)

NRS 555.277 Exemptionof farmer-owners and gardeners.

1. The provisions of NRS 555.2605 to 555.460, inclusive, relating to licensesand requirements for their issuance, except a certificate or permit to use arestricted-use pesticide, do not apply to any farmer-owner of ground equipmentapplying pesticides for himself or his neighbors, if:

(a) He operates farm property and operates andmaintains equipment for applying pesticides primarily for his own use.

(b) He is not regularly engaged in the business ofapplying pesticides for hire as a principal or regular occupation, and he doesnot publicly hold himself out as a pesticide applicator.

(c) He operates his equipment for applying pesticidesonly in the vicinity of his own property and for the accommodation of hisneighbors for agricultural purposes only.

2. The provisions of NRS 555.2605 to 555.460, inclusive, except those provisionsrelating to a certificate or permit to use a restricted-use pesticide, do notapply to any person using hand-powered equipment, devices or contrivances toapply pesticides to lawns or to ornamental shrubs and trees as an incidentalpart of his business of taking care of lawns and yards for remuneration, ifthat person does not publicly hold himself out as being in the business ofapplying pesticides and the cost of applying the pesticides does not exceed 20percent of the total remuneration received.

(Added to NRS by 1971, 1253; A 1981, 611; 1983, 230; 2003, 539)

NRS 555.280 Licenserequired to engage in pest control. A personshall not engage in pest control or serve as an agent, operator or pilot forthat purpose within this State at any time without a license issued by theDirector.

[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)

NRS 555.285 Licenserequired to engage in activities concerning control of wood-destroying pests ororganisms. A person shall not for hire engagein, offer to engage in, advertise or solicit to perform any of the followingpest control activities concerning wood-destroying pests or organisms without alicense issued by the Director:

1. Making an inspection to identify or to attempt toidentify infestations or infections of households or other structures by thosepests or organisms.

2. Making inspection reports concerning theinfestations or infections.

3. Making estimates or bids, whether written or oral,concerning the infestations or infections.

4. Submitting bids to perform any work involving theapplication of pesticides for the elimination, extermination, control orprevention of infestations or infections of those pests.

(Added to NRS by 1973, 1506; A 1985, 346; 1993, 1715;1999, 3647)

NRS 555.290 Applicationfor license. [Effective until the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. An application for a license must be submitted tothe Director and must set forth such information regarding the applicantsqualifications and proposed operations and other relevant matters as requiredpursuant to regulations adopted by the Director. If the applicant is a naturalperson, the application must include the social security number of theapplicant.

2. If an applicant fails to complete the licensingrequirements within 30 days after the date on which he submits his application,he forfeits all fees he has tendered. Thereafter he may reinitiate theapplication process upon payment of the appropriate fees.

[Part 3:215:1955](NRS A 1961, 530; 1973, 285; 1993,1716; 1997, 2092; 1999,3647)

NRS 555.290 Application for license. [Effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. Application for a license must be made to theDirector and must set forth such information regarding the applicantsqualifications and proposed operations and other relevant matters as requiredpursuant to regulations adopted by the Director.

2. If an applicant fails to complete the licensingrequirements within 30 days after the date on which he submits his application,he forfeits all fees he has tendered. Thereafter he may reinitiate theapplication process upon payment of the appropriate fees.

[Part 3:215:1955](NRS A 1961, 530; 1973, 285; 1993,1716; 1997, 2092; 1999,3647, effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings)

NRS 555.300 Examinationand qualifications of applicant.

1. The Director may require the applicant to show,upon examination, that he possesses adequate knowledge concerning the properuse and application of pesticides and the dangers involved and precautions tobe taken in connection with their application.

2. If the applicant is not a natural person, theapplicant shall designate an officer, member or technician of the organizationto take the examination. The person so designated is subject to the approval ofthe director. If the extent of the applicants operations require it, theDirector may require more than one officer, member or technician to take theexamination.

3. The applicant or the person designated by theapplicant in accordance with the provisions of subsection 2 must have attainedthe age of majority and have:

(a) Not less than 2 years practical experience in pestcontrol; or

(b) Possess university credits of not less than 16credit hours in biological sciences of which not less than 8 credit hours mustbe in subjects directly related to the categories of pest control in which theapplicant wishes to be licensed and have 6 or more months of practicalexperience in pesticide application or related pest control.

4. The requirements of subsection 3 do not apply topersons holding a license issued by the Director before July 1, 1973, or to therenewal of the license of any such person.

[Part 3:215:1955](NRS A 1959, 243; 1961, 530; 1967,368; 1971, 1254; 1973, 1505; 1993, 1716; 1999, 3647)

NRS 555.310 Feesestablished by regulation.

1. The Director shall collect from each personapplying for the examination or reexamination a testing fee established byregulation of the State Board of Agriculture.

2. Upon the successful completion of the testing, theDirector shall, before the license is issued, collect from each person applyingfor a license for pest control an annual fee established by regulation of theState Board of Agriculture. Any company or person employing operators, pilotsor agents shall pay to the Director a fee established by regulation of theBoard for each operator, pilot or agent licensed.

[Part 3:215:1955](NRS A 1961, 530; 1965, 65; 1973,286; 1981, 611; 1983, 1101; 1993, 1716; 1999, 3599, 3648)

NRS 555.320 Issuance,expiration and renewal of license. [Effective until the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. If the Director finds the applicant qualified, andupon the applicants appointing the Director agent for service of process andfinding that the applicant has satisfied the requirements of NRS 555.325 and 555.330, the Director shall issue a licenseto perform pest control within this State.

2. The license period is the calendar year. Alllicenses expire on December 31 of each year. The license may be renewedannually upon application to the Director and payment of the license fee on orbefore December 31 of each year. If the holder of the license is a naturalperson, he must submit with his application for renewal the statement requiredpursuant to NRS 555.325.

3. The license may restrict the licensee to the use ofa certain type or types of equipment or materials if the Director finds thatthe applicant is qualified to use only a certain type or types.

4. If a license is not issued as applied for, theDirector shall inform the applicant in writing of the reasons therefor.

[Part 3:215:1955](NRS A 1957, 753; 1959, 243; 1961,531; 1967, 368; 1971, 1254; 1973, 286; 1981, 611; 1993, 1717; 1997, 2093; 1999, 3648; 2003, 540)

NRS 555.320 Issuance, expiration and renewal oflicense. [Effective on the date of the repeal of the federal law requiring eachstate to establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. If the Director finds the applicant qualified, andupon the applicants appointing the Director agent for service of process andfinding that the applicant has satisfied the requirements of NRS 555.330, the Director shall issue alicense to perform pest control within this State.

2. The license period is the calendar year. Alllicenses expire on December 31 of each year. The license may be renewedannually upon application to the Director and payment of the license fee on orbefore December 31 of each year.

3. The license may restrict the licensee to the use ofa certain type or types of equipment or materials if the Director finds thatthe applicant is qualified to use only a certain type or types.

4. If a license is not issued as applied for, theDirector shall inform the applicant in writing of the reasons therefor.

[Part 3:215:1955](NRS A 1957, 753; 1959, 243; 1961,531; 1967, 368; 1971, 1254; 1973, 286; 1981, 611; 1993, 1717; 1997, 2093; 1999, 3648; 2003, 540, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 555.325 Applicationfor license: Statement by applicant concerning payment of child support;grounds for denial; duty of Director. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance orrenewal of a license to perform pest control shall submit to the Director thestatement prescribed by the Division of Welfare and Supportive Services of theDepartment of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Director shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Director.

3. A license to perform pest control may not be issuedor renewed by the Director if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approved bythe district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Director shall advisethe applicant to contact the district attorney or other public agency enforcingthe order to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2091; A 1999, 3648)

NRS 555.330 Proofof insurance required of applicant for license; actions by injured persons;limitation of actions; investigations by Director.

1. The Director shall require from each applicant fora pest control license proof of public liability and property damage insurancein an amount of:

(a) Except as otherwise provided in paragraph (b), notless than $10,000.

(b) If the license would authorize the application ofpesticides by aircraft:

(1) Not less than $100,000 for bodily injury toor death of one person in any one accident;

(2) Subject to the limit for one person, notless than $300,000 for bodily injury to or death of two or more persons in anyone accident; and

(3) Not less than $100,000 for each occurrenceof damage to property in any one accident.

The Directormay accept a liability insurance policy or surety bond in the proper amount.

2. The Director may require drift insurance for theuse of pesticides or other materials declared hazardous or dangerous to man,livestock, wildlife, crops or plantlife.

3. Any person injured by the breach of any suchobligation is entitled to sue in his own name in any court of competentjurisdiction to recover the damages he sustained by that breach, if each claimis made within 6 months after the alleged injury.

4. The Director on his own motion may, or upon receiptof a verified complaint of an interested person shall, investigate, as he deemsnecessary, any loss or damage resulting from the application of any pesticideby a licensed pest control operator. A verified complaint of loss or damagemust be filed within 60 days after the time that the occurrence of the loss ordamage becomes known except that, if a growing crop is alleged to have beendamaged, the verified complaint must be filed before 50 percent of the crop hasbeen harvested. A report of investigations resulting from a verified complaintmust 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)

NRS 555.350 Suspension,revocation or modification of license.

1. The Director may suspend, pending inquiry, for notlonger than 10 days, and, after opportunity for a hearing, may revoke, suspendor modify any license issued under NRS555.2605 to 555.460, inclusive, ifhe finds that:

(a) The licensee is no longer qualified;

(b) The licensee has engaged in fraudulent businesspractices in pest control;

(c) The licensee has made false or fraudulent claimsthrough any media by misrepresenting the effect of materials or methods to beused;

(d) The licensee has applied known ineffective orimproper materials;

(e) The licensee operated faulty or unsafe equipment;

(f) The licensee has made any application in a faulty,careless or negligent manner;

(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations adoptedpursuant thereto;

(h) The licensee engaged in the business of pestcontrol without having a licensed applicator or operator in direct on-the-jobsupervision;

(i) The licensee aided or abetted a licensed or anunlicensed person to evade the provisions of NRS555.2605 to 555.460, inclusive,combined or conspired with such a licensee or an unlicensed person to evade theprovisions, or allowed ones license to be used by an unlicensed person;

(j) The licensee was intentionally guilty of fraud ordeception in the procurement of his license; or

(k) The licensee was intentionally guilty of fraud ordeception in the issuance of an inspection report on wood-destroying pests orother report required by regulation.

2. A license is suspended automatically, withoutaction of the Director, if the proof of public liability and property damage ordrift insurance filed pursuant to NRS555.330, is cancelled, and the license remains suspended until theinsurance is reestablished.

[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)

NRS 555.3505 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Director receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseto perform pest control, the Director shall deem the license issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued unless the Director receives a letter issued to the holderof the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Director shall reinstate a license to performpest control that has been suspended by a district court pursuant to NRS 425.540 if the Director receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2092; A 1999, 3650)

NRS 555.3507 Primaryprincipal required at each business location; suspension of license for failureto comply.

1. A person licensed to engage in pest control shallensure that each of his business locations in this State has a primaryprincipal who is licensed in the appropriate category or categories of pestcontrol.

2. If a licensee ceases to have a primary principal ateach of his business locations in this State for 30 consecutive calendar days,his license for pest control is automatically suspended, without action of theDirector, and remains suspended until such time as the licensee obtains aprimary principal for each business location.

3. As used in this section, primary principal meansan owner, officer, partner, member or technician of a pest control business whohas qualified by examination in one or more of the categories of pest controland who has been designated by the pest control business as the personresponsible for the daily supervision of the category or categories of pestcontrol performed by a business location of the pest control business withinthis State.

(Added to NRS by 2003, 532)

NRS 555.351 Restricted-usepesticides: Certificate and permits required for use.

1. A person shall not use any restricted-use pesticidewithin this State at any time without a certificate issued by the Directorexcept a person using any restricted-use pesticide under the supervision of acertified applicator.

2. If the Director has adopted regulations requiring:

(a) A permit pursuant to NRS 586.403; or

(b) A special use permit pursuant to NRS 586.405,

for arestricted-use pesticide, a person shall not use that pesticide without obtainingthe required permit.

(Added to NRS by 1975, 593; A 1993, 1718; 1999, 3650)

NRS 555.353 Restricted-usepesticides: Application for certificate. Applicationfor a certificate must be made to the Director and contain such informationregarding the applicants qualifications and proposed operations and otherrelevant matters as required pursuant to the regulations adopted by theDirector.

(Added to NRS by 1975, 594; A 1993, 1718; 1999, 3651)

NRS 555.355 Restricted-usepesticides: Qualifications and examination of applicant for certificate; feesestablished by regulation.

1. The Director may require the applicant to show,upon examination, that he possesses adequate knowledge concerning the properuse and application of restricted-use pesticides and the dangers involved andprecautions to be taken in connection with the application of those pesticides,including, but not limited to, the following areas:

(a) Label and labeling comprehension.

(b) Environmental consequences of pesticide use andmisuse.

(c) Pests.

(d) Pesticides.

(e) Equipment.

(f) Application techniques.

(g) Laws and regulations.

(h) Safety.

2. In addition, the Director may require the applicantto meet special qualifications of competency to meet the special needs of agiven locality regarding the use or application of a specific restricted-usepesticide.

3. The Director shall collect from each person applyingfor an examination or reexamination, in connection with the issuance of acertificate, a testing fee established by regulation of the State Board ofAgriculture for any one examination period.

(Added to NRS by 1975, 594; A 1993, 1718; 1999, 3599, 3651)

NRS 555.357 Restricted-usepesticides: Issuance, expiration and renewal of certificates; regulationsconcerning renewal.

1. If the Director finds that the applicant isqualified, he shall issue a certificate to make application of or to supervisethe application of restricted-use pesticides within this State.

2. A certificate is valid for 4 calendar years andexpires on December 31. The certificate may be renewed upon completion of therequirements established by the regulations of the Director.

3. The Director shall adopt regulations concerning therequirements for renewal of a certificate.

4. The certificate may limit the applicant to the useof a certain type or types of equipment or material if the Director finds thatthe applicant is qualified to use only that type or types.

5. If a certificate is not issued as applied for, theDirector shall inform the applicant in writing of the reasons therefor.

(Added to NRS by 1975, 594; A 1983, 231; 1993, 1719; 1999, 3651)

NRS 555.359 Restricted-usepesticides: Denial, suspension, revocation or modification of certificate. The Director may deny or suspend, pending inquiry, for notlonger 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 he finds that theapplicant or the certified applicator:

1. Is no longer qualified;

2. Has applied known ineffective or impropermaterials;

3. Has applied materials inconsistent with labeling orother restrictions imposed by the Director;

4. Has operated faulty or unsafe equipment;

5. Has made any application in a faulty, careless ornegligent manner;

6. Aided or abetted an uncertified person to evade theprovisions of NRS 555.351 to 555.357, inclusive, combined or conspiredwith an uncertified person to evade those provisions, or allowed onescertificate to be used by an uncertified person;

7. Was guilty of fraud or deception in the procurementof his certificate;

8. Has deliberately falsified any record or report;

9. Has violated any of the provisions of NRS 555.351 to 555.357, inclusive, 555.390 or any regulation adopted pursuantthereto; or

10. Has failed or neglected to give adequateinstruction or direction to an uncertified person working under hissupervision.

(Added to NRS by 1975, 595; A 1993, 1719; 1999, 3651)

NRS 555.360 Judicialreview of action of Director.

1. Any person aggrieved by any action of the Directormay obtain a review thereof by filing in the district court of the county inwhich the person resides, within 30 days after notice of the action, a writtenpetition praying that the action of the Director be set aside.

2. A copy of the petition must forthwith be deliveredto the Director, and within 20 days thereafter, the Director shall certify andfile in the court a transcript of any record pertaining thereto, including atranscript of evidence received.

3. Upon compliance with the provisions of subsections1 and 2, the court has jurisdiction to affirm, set aside or modify the actionof the Director, except that the findings of the Director concerning the facts,if supported by substantial evidence, are conclusive.

[Part 3:215:1955](NRS A 1961, 531; 1993, 1720; 1999, 3652)

NRS 555.370 Inspectionof equipment; repairs. The Director mayprovide for the inspection of any ground equipment or of any device orapparatus used for application of pesticides by aircraft, and may requireproper 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 Regulationsof Director: Materials and methods for application.

1. The Director may, by regulation, prescribematerials or methods to be used and prohibit the use of materials or methods incustom application of pesticides, to the extent necessary to protect health orto prevent injury because of the drifting, washing or application of thosematerials to desired plants or animals, including pollinating insects andaquatic life.

2. In adopting the regulations, the Director shallgive consideration to relevant research findings and recommendations of otheragencies 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 Regulationsof Director: Records and reports of licensees and certified applicators.

1. The Director may, by regulation, require anylicensee to maintain such records and furnish reports giving such informationwith respect to particular applications of pesticides and such other relevantinformation as he may deem necessary.

2. The Director may, by regulation, require anycertified applicator to maintain such records and furnish reports giving suchinformation with respect to application of restricted-use pesticides and suchother relevant information as he may deem necessary.

[6:215:1955](NRS A 1959, 244; 1961, 532; 1967, 370;1975, 359, 595; 1993, 1720; 1999, 3653)

NRS 555.400 Regulationsof Director: General authority; limitations.

1. The Director may adopt regulations to carry out theprovisions of NRS 555.2605 to 555.460, inclusive, but the regulationsmust not be inconsistent with regulations issued by this State or by theFederal Government relating to safety in air navigation or operation ofaircraft.

2. Before issuing regulations directly relating to anymatter within the jurisdiction of any other officer of this State, the Directorshall consult with that officer with reference thereto.

[7:215:1955](NRS A 1961, 532; 1971, 1256; 1975, 596;1993, 1720; 1999,3653)

NRS 555.410 Publicationof information regarding injuries from improper application and prevention ofinjuries. The Director may, in cooperationwith the Nevada System of Higher Education, publish information regardinginjury which may result from improper application or handling of pesticides andmethods 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 Authorityof 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 hisappointed inspectors may enter upon any public or private premises atreasonable times to inspect, audit, sample or monitor any aircraft, groundequipment, records, storage, pesticides, pesticide sprays, disposal operationsor other operations which are subject to NRS555.2605 to 555.460, inclusive, orregulations adopted pursuant thereto.

[11:215:1955](NRS A 1961, 533; 1971, 1257; 1975,359, 596; 1977, 312; 1993, 1721; 1999, 3653)

NRS 555.460 Violationof provisions: Criminal penalty; administrative fine. Anyperson violating the provisions of NRS555.2605 to 555.420, inclusive, orthe regulations adopted pursuant thereto, is guilty of a misdemeanor and, in additionto any criminal penalty, shall pay to the Department an administrative fine ofnot more than $5,000 per violation. If an administrative fine is imposedpursuant to this section, the costs of the proceeding, including investigativecosts and attorneys fees, may be recovered by the Department.

[9:215:1955](NRS A 1961, 533; 1971, 1257; 1975, 596;1993, 899; 1995, 548; 1999,3653; 2003, 541)

NRS 555.470 Enforcementby Director: Administrative fine; order to correct violation; request foraction by district attorney; regulations.

1. The Director shall adopt regulations specifying aschedule of fines which may be imposed, upon notice and a hearing, for eachviolation of the provisions of NRS 555.2605to 555.460, inclusive. The maximum finethat may be imposed by the Director for each violation must not exceed $5,000per day. All fines collected by the Director pursuant to this subsection mustbe remitted to the county treasurer of the county in which the violationoccurred for credit to the county school district fund.

2. The Director may:

(a) In addition to imposing a fine pursuant tosubsection 1, issue an order requiring a violator to take appropriate action tocorrect the violation; or

(b) Request the district attorney of the appropriatecounty to investigate or file a criminal complaint against any person that theState Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive.

(Added to NRS by 1993, 1193; A 1995, 556; 1999, 3653; 2003, 541)

RODENT CONTROL DISTRICTS

NRS 555.500 Legislativedeclaration. The Legislature declares that itis primarily the responsibility of each owner or occupier of land in this Stateto control rodents on his own land, but finds that in certain areas thisresponsibility can best be discharged through cooperation in organizeddistricts.

(Added to NRS by 1969, 480)

NRS 555.510 Creationof district: Petition; notice and hearing; exclusion of land.

1. The board of county commissioners of any countyshall create one or more rodent control districts in that portion of the countywhich lies outside any incorporated city if there is filed a petition which:

(a) Designates the area to be included in the rodentcontrol district, either as the entire unincorporated area of the county or bysections or parts of sections with appropriate township and range references;and

(b) Is signed by the owners of more than 50 percent inassessed valuation, as shown by the current assessment roll of the county, ofthe lands to be included in the rodent control district.

2. Before creating a rodent control district, theboard of county commissioners shall hold at least one public hearing, of whichthey shall give notice by publication, in a newspaper of general circulation inthe county, of at least one notice published not less than 10 days before thedate of the hearing. At this hearing, the board of county commissioners shallentertain applications for the exclusion of lands, designated by sections orparts of sections as prescribed in subsection 1, from the proposed district, ifany such application is made. The board of county commissioners shall excludeany such lands as to which it is shown to their satisfaction that any rodentswhich exist on that land do not render substantially more difficult the controlof rodents on other lands in the proposed district.

(Added to NRS by 1969, 480; A 1987, 1729)

NRS 555.520 Boardof directors: Number; qualifications; appointment; terms; vacancies.

1. The board of county commissioners of any county inwhich a rodent control district has been created shall appoint a board ofdirectors of the district composed of three persons who:

(a) Are landowners in the district, whether or not theysigned the petition for its creation. For the purpose of this paragraph, if anycorporation or partnership owns land in the district, a partner or a director,officer or beneficial owner of 10 percent or more of the stock of the corporationshall be deemed a landowner.

(b) Fairly represent the agricultural economy of thedistrict.

2. The initial appointments to the board of directorsshall be for terms of 1, 2 and 3 years respectively. Each subsequentappointment shall be for a term of 3 years. Any vacancy shall be filled byappointment for the unexpired term.

(Added to NRS by 1969, 480)

NRS 555.530 Boardof directors: Powers. The board of directorsof a rodent control district may:

1. With the approval of the Director, appoint a rodentcontrol officer.

2. Receive and expend any money provided byassessment, voluntary contribution or otherwise for the control of rodents inthe district.

3. Exercise any other power necessary or proper tocarry out the purposes for which the district exists.

4. Elect a chairman from among its members, andsecretary who may be a member of the board.

(Added to NRS by 1969, 481; A 1975, 556; 1993, 1721; 1999, 3654)

NRS 555.540 Regulations. The State Board of Agriculture shall, after a hearing heldin the county, promulgate regulations for each rodent control district, whichshall include but are not limited to:

1. The species of rodents to be controlled in the district.

2. The means of control, including a designation ofthe types of rodenticides permitted and the movement from, to and within thedistrict of agricultural products and other vectors capable of spreading therodents designated for control.

(Added to NRS by 1969, 481)

NRS 555.550 Submissionof plans by landowners after promulgation of regulations; performance ofnecessary work by rodent control officer on failure by landowner; charges aslien.

1. Within 60 days after regulations have been promulgatedfor any rodent control district, each landowner in the district shall file withthe board of directors:

(a) A sketch of his land; and

(b) A plan for the control of rodents on his land.

2. If any landowner fails to submit the plan asrequired by subsection 1, the rodent control officer shall prepare such a plan.

3. The board of directors shall consider each plansubmitted by a landowner or prepared by the rodent control officer and shall,consistently with the regulations for the district:

(a) Approve the plan; or

(b) Require specified changes in the plan.

4. If any landowner fails to carry out the plan ofrodent control for his land as approved or modified by the board of directors,the rodent control officer may, after giving 10 days notice in writing to theowner by registered or certified mail directed to his last known address, enterupon the land, perform any work necessary to carry out the plan, and chargesuch work against the landowner. Any such charge, until paid, is a lien againstthe land affected coequal with a lien for unpaid general taxes, and may beenforced in the same manner.

(Added to NRS by 1969, 481)

NRS 555.560 Assessments;liens; loans.

1. Upon the preparation and approval of a budget inthe manner required by the Local Government Budget and Finance Act, the boardof county commissioners shall, by resolution, levy an assessment upon all realproperty in the rodent control district.

2. Every assessment so levied shall be a lien againstthe property assessed.

3. The county commissioners may obtain short-termloans of an amount of money not to exceed the total amount of such assessment,for the purpose of paying the expenses of controlling the rodents in a rodentcontrol district. Such loans may be made only after such assessments arelevied.

(Added to NRS by 1969, 481; A 2001, 1828)

NRS 555.570 Penalty. Any person violating any of the provisions of NRS 555.500 to 555.560, inclusive, or failing, refusing orneglecting to perform or observe any conditions or regulation prescribed by theState Board of Agriculture, in accordance with the provisions of NRS 555.500 to 555.540, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1969, 481)

 

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