Assembly Bill No. 693–Committee on Ways and Means
May 24, 1999
____________
Referred to Committee on Ways and Means
SUMMARY—Revises provisions governing certain fees imposed by state board of agriculture and division of agriculture of department of business and industry. (BDR 50-1748)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 573.040 is hereby amended to read as follows: 573.040 The state board of agriculture shall establish by regulation1-3
the fee for a license to operate a public livestock auction .1-4
1-5
Sec. 2. NRS 576.042 is hereby amended to read as follows: 576.042 1. Any:1-7
(a) Producer of livestock or farm products or his agent or consignee;1-8
(b) Licensed broker, dealer or commission merchant; or1-9
(c)1-10
1-11
Mineral Industries, 4-H clubs, the Nevada junior livestock show, the1-12
Nevada state livestock show1-13
who is injured by any violation of the provisions of this chapter, or by any1-14
misrepresentations or fraud on the part of any licensed dealer, broker or1-15
commission merchant, may maintain a civil action against the dealer,1-16
broker or commission merchant. If the dealer, broker or commission1-17
merchant is licensed, he may also maintain an action against the surety on1-18
any bonds, or the money or securities deposited in lieu of a bond. In such2-1
an action against an unlicensed dealer, broker or commission merchant, the2-2
injured person is entitled to treble damages.2-3
2. Any person having a claim pursuant to subsection 1 against any2-4
licensed dealer, broker or commission merchant must begin legal action on2-5
any bond, or money or securities deposited in lieu of a bond, for recovery2-6
of the amount claimed to be due within 1 year after the claim has accrued.2-7
3. Pursuant to subsection 4 of NRS 576.030, process may be served by2-8
delivering to the administrator duplicate copies of the process and paying a2-9
fee2-10
The service upon the administrator shall be deemed service upon the2-11
dealer, broker or commission merchant. The administrator shall forward2-12
one copy of the process by registered mail prepaid to the defendant dealer,2-13
broker or commission merchant,2-14
service. The2-15
evidence of the completion of service. If service of summons is made upon2-16
the administrator in accordance with the provisions of this subsection, the2-17
2-18
extended 10 days. The provisions of this subsection are not exclusive, but if2-19
a defendant dealer, broker or commission merchant is found within the2-20
State of Nevada, he must be served with process in the State of Nevada.2-21
Sec. 3. NRS 576.050 is hereby amended to read as follows: 576.0502-23
commission merchant ,2-24
annual license fee2-25
2-26
2-27
agriculture.2-28
Sec. 4. NRS 555.238 is hereby amended to read as follows: 555.238 1. The state board of agriculture may establish by2-30
regulation a minimum annual fee for each nursery license ,2-31
2-32
2-33
regulation of the board for each:2-34
(a) Additional nursery of a licensee who has2-35
minimum nursery license fee.2-36
(b)2-37
portion thereof after the first acre .2-38
2-39
(c) Agent acting on behalf of a licensed nursery established in this state2-40
and operating outside of the county in which the nursery is located.2-41
(d)2-42
2. As used in this section:2-43
(a) "Agent" means any person who:3-1
(1) Acts upon the authority of another person possessing a3-2
nursery license in this state; and3-3
(2) Solicits for the sale of nursery stock.3-4
(b) "Peddler" means any person who sells, solicits or offers for sale3-5
nursery stock to3-6
in this state. The term does not include nurserymen licensed by another3-7
state who wholesale nursery stock to retail nurserymen in this state or sell3-8
nursery stock directly to the public by catalog.3-9
Sec. 5. NRS 555.310 is hereby amended to read as follows: 555.310 1. The administrator shall collect from each person applying3-11
for the examination or reexamination a testing fee3-12
3-13
3-14
3-15
agriculture.3-16
2. Upon the successful completion of the testing, the administrator3-17
shall , before the licensed is issued, collect from each person applying for a3-18
license for pest control3-19
annual fee established by regulation of the state board of agriculture.3-20
Any company or person employing operators, pilots or agents shall pay to3-21
the administrator3-22
each operator, pilot or agent licensed.3-23
Sec. 6. NRS 555.355 is hereby amended to read as follows: 555.355 1. The administrator may require the applicant to show,3-25
upon examination, that he possesses adequate knowledge concerning the3-26
proper use and application of restricted-use pesticides and the dangers3-27
involved and precautions to be taken in connection with3-28
the application of those pesticides, including , but not limited to , the3-29
following3-30
(a) Label and labeling comprehension.3-31
(b) Environmental consequences of pesticide use and misuse.3-32
(c) Pests.3-33
(d) Pesticides.3-34
(e) Equipment.3-35
(f) Application techniques.3-36
(g) Laws and regulations.3-37
(h) Safety.3-38
2. In addition, the administrator may require the applicant to meet3-39
special qualifications of competency to meet the special needs of a given3-40
locality regarding the use or application of a specific restricted-use3-41
pesticide.3-42
3. The administrator shall collect from each person applying for an3-43
examination or reexamination, in connection with the issuance of a4-1
certificate, a testing fee4-2
the state board of agriculture for any one examination period.4-3
Sec. 7. NRS 582.040 is hereby amended to read as follows: 582.040 If satisfied with the4-5
of the applicant, the state sealer of weights and measures shall issue a4-6
certificate of appointment as a public weighmaster, for which certificate he4-7
shall charge a fee4-8
agriculture. The certificate of appointment4-9
1. Is valid for the calendar year in which it is issued.4-10
4-11
2. May be renewed each year upon application to the state sealer of4-12
weights and measures4-13
day of January. The application must be accompanied by a fee established4-14
by regulation of the state board of agriculture.4-15
Sec. 8. NRS 586.270 is hereby amended to read as follows: 586.270 1. A registrant shall pay an annual registration fee in an4-17
amount4-18
4-19
2. The administrator shall , for each annual registration fee he4-20
collects, deposit in a separate account4-21
4-22
regulation of the administrator. The money deposited in the account must4-23
be used only for the disposal of pesticides.4-24
4-25
4-26
3. A registrant who offers a pesticide for sale before4-27
registering the pesticide shall pay an amount equal to twice the registration4-28
fee for4-29
Sec. 9. NRS 586.406 is hereby amended to read as follows: 586.406 1. It is unlawful for any person to sell or offer to sell at the4-31
retail level or distribute or deliver for transportation for delivery to the4-32
consumer or user a pesticide classified for restricted use pursuant to NRS4-33
586.401 or the Federal Environmental Pesticide Control Act ,§§ 136 et seq.
4-34
administrator.4-35
2. Each person applying for registration must provide a statement4-36
including:4-37
(a) The name and address of the person registering; and4-38
(b) The name and address of any person who, on behalf of the person4-39
registering, sells, offers to sell, distributes or delivers for transportation a4-40
restricted-use pesticide.4-41
3. All registrations expire on December 31 and are renewable annually.4-42
4. Each person registering shall pay:5-1
(a) An annual registration fee5-2
state board of agriculture; and5-3
(b) A penalty fee of $5 if his previous registration has expired by the5-4
failure to reregister on or before February 1, unless his registration is5-5
accompanied by a signed statement that no person named on the5-6
registration statement has sold or distributed any restricted-use pesticides5-7
during the period of the year during which the registration was not in effect.5-8
5.5-9
5-10
pesticides showing:5-11
(a) The date of sale or delivery;5-12
(b) The name and address of the person to whom sold or delivered;5-13
(c) The brand name of the pesticide product;5-14
(d) The amount of pesticide product sold or delivered;5-15
(e) The certification number of the certified applicator who is applying5-16
or supervising the application of the pesticide if the purchaser of the5-17
pesticide is not certified to apply the pesticide; and5-18
(f) Such other information as may be required by the administrator.5-19
6. Each person registered pursuant to this section shall, on or before5-20
the 15th day of each month, file a report with the administrator5-21
specifying the restricted-use pesticides sold during the previous month. The5-22
administrator shall provide the form for the report. The form must be filed5-23
5-24
during the previous month.5-25
Sec. 10. NRS 588.170 is hereby amended to read as follows: 588.170 1. Each brand and grade of commercial fertilizer or5-27
agricultural mineral must be registered with the division before being5-28
offered for sale, sold or distributed in this state.5-29
2. An application for registration must be submitted in duplicate to the5-30
administrator on a form furnished by him, and must be accompanied by a5-31
registration fee in an amount to be fixed annually by the administrator5-32
5-33
3. The applicant must5-34
container containing not less than 2 pounds of the fertilizer or agricultural5-35
mineral, together with an affidavit stating that it is a fair sample of the5-36
fertilizer or agricultural mineral to be sold or offered for sale.5-37
4. Upon approval by the administrator, a copy of the registration must5-38
be furnished to the applicant.5-39
5. All registrations expire on June 30 of each year.5-40
Sec. 11. NRS 588.210 is hereby amended to read as follows: 588.210 1. There must be paid to the division for all commercial5-42
fertilizers offered for sale, sold or distributed in this state a fee5-43
6-1
of agriculture for each ton sold, but sales to manufacturers or exchanges6-2
between them are6-3
2. There must be paid to the division for all agricultural minerals6-4
offered for sale, sold or distributed in this state a fee6-5
6-6
The regulations must specify the amount of the fee for each ton of6-7
agricultural minerals that is sold in packages6-8
the amount of the fee for each ton of those minerals that is sold in bulk,6-9
but sales to manufacturers or exchanges between them are exempt.6-10
3. The division shall prepare suitable forms for reporting sales and , on6-11
request , shall furnish the forms without cost to all persons dealing in6-12
registered brands of commercial fertilizers or agricultural minerals.6-13
Sec. 12. NRS 590.380 is hereby amended to read as follows: 590.380 1. Before any antifreeze may be sold, displayed for sale or6-15
held with intent to sell within this state, a sample thereof must be inspected6-16
annually by the state sealer of weights and measures.6-17
2. Upon application of the manufacturer, packer, seller or distributor6-18
and the payment of a fee6-19
board of agriculture for each brand of antifreeze submitted, the state sealer6-20
of weights and measures shall inspect the antifreeze submitted. If the6-21
antifreeze6-22
(a) Is not adulterated or misbranded6-23
(b) Meets the standards of the state sealer of weights and measures6-24
6-25
(c) Is not in violation of NRS 590.340 to 590.450, inclusive,6-26
the state sealer of weights and measures shall6-27
written permit authorizing its sale in this state for the fiscal year in which6-28
the inspection fee is paid.6-29
3. If the state sealer of weights and measures at a later date finds that6-30
6-31
(a) The product to be sold, displayed for sale or held with intent to sell6-32
has been materially altered or adulterated6-33
(b) A change has been made in the name, brand or trade-mark under6-34
which the antifreeze is sold6-35
(c) The antifreeze violates the provisions of NRS 590.340 to 590.450,6-36
inclusive,6-37
he shall notify the applicant and the permit must be canceled forthwith.6-38
Sec. 13. This act becomes effective upon passage and approval for the6-39
purpose of adopting regulations by the state board of agriculture to6-40
establish the fees specified in sections 1 to 12, inclusive, of this act and on6-41
January 1, 2000, for all other purposes.~