Assembly Bill No. 193–Committee on Natural Resources,
Agriculture, and Mining

 

(On Behalf of the Department of Agriculture)

 

February 25, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises provisions governing commercial fertilizers and agricultural minerals. (BDR 51‑567)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to agriculture; revising the provisions governing commercial fertilizers and agricultural minerals; requiring the Director of the State Department of Agriculture to adopt regulations concerning the application, distribution and classification for restricted use of certain commercial fertilizers and agricultural minerals; prohibiting a person who is not registered with the Director from selling or offering to sell at retail, or distributing or delivering for transportation for delivery to the consumer or user, a commercial fertilizer or agricultural mineral that is classified for restricted use; requiring the State Board of Agriculture to adopt regulations establishing fees for such registration; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 

 

2-1  Section 1. Chapter 588 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 8, inclusive, of this

2-3  act.

2-4  Sec. 2.  “Restricted-use commercial fertilizer or agricultural

2-5  mineral” means a commercial fertilizer or agricultural mineral

2-6  classified for restricted use pursuant to section 6 of this act.

2-7  Sec. 3.  The Director has jurisdiction in all matters pertaining

2-8  to the distribution, sale and transportation of commercial

2-9  fertilizers and agricultural minerals pursuant to this chapter.

2-10      Sec. 4.  The Director shall:

2-11      1.  Eliminate from use in this state any commercial fertilizer

2-12  or agricultural mineral that he finds:

2-13      (a) Endangers the agricultural or nonagricultural

2-14  environment;

2-15      (b) Is not beneficial for the purposes for which it is sold; or

2-16      (c) Is misrepresented.

2-17      2.  In carrying out his duties pursuant to subsection 1, develop

2-18  a program for the continual evaluation of all commercial

2-19  fertilizers and agricultural minerals the brands and grades of

2-20  which have been registered pursuant to NRS 588.170.

2-21      Sec. 5.  1.  The Director may, after a hearing, cancel the

2-22  registration of, or refuse to register, the brand and grade of any

2-23  commercial fertilizer or agricultural mineral if he finds that:

2-24      (a) The commercial fertilizer or agricultural mineral has

2-25  demonstrated serious uncontrollable adverse effects within or

2-26  outside the agricultural environment;

2-27      (b) The use of the commercial fertilizer or agricultural mineral

2-28  is of less value to the public or greater detriment to the

2-29  environment than the benefit received by its use;

2-30      (c) There is a reasonably effective and practicable alternate

2-31  material which is demonstrably less destructive to the

2-32  environment;

2-33      (d) The commercial fertilizer or agricultural mineral, if

2-34  properly used, is detrimental to:

2-35          (1) Vegetation, except weeds;

2-36          (2) Domestic animals; or

2-37          (3) Public health and safety;

2-38      (e) The commercial fertilizer or agricultural mineral is of little

2-39  or no value for the purpose for which it is intended; or

2-40      (f) Any false or misleading statement concerning the

2-41  commercial fertilizer or agricultural mineral has been made or

2-42  implied by the registrant or his agent, or by the applicant for

2-43  registration, orally or in writing, or in the form of any advertising.

3-1  2.  In making any such determination, the Director may

3-2  require such practical demonstrations as are necessary to

3-3  determine the facts.

3-4  3.  If the Director has reason to believe that any of the

3-5  findings described in subsection 1 are applicable to any

3-6  commercial fertilizer or agricultural mineral the brand and grade

3-7  of which is registered and that the use or continued use of the

3-8  commercial fertilizer or agricultural mineral constitutes an

3-9  immediate substantial danger to any person or the environment,

3-10  the Director may, after notice to the registrant, suspend the

3-11  registration of the brand and grade of the commercial fertilizer or

3-12  agricultural mineral pending a hearing and final decision.

3-13      Sec. 6.  1.  The Director shall adopt regulations governing

3-14  the application and distribution of any commercial fertilizer or

3-15  agricultural mineral which he finds must necessarily be applied as

3-16  a commercial fertilizer or agricultural mineral but which, unless

3-17  carefully used, is likely to be:

3-18      (a) Injurious to persons, pollinating insects, bees, animals,

3-19  crops or land; or

3-20      (b) Detrimental to:

3-21          (1) Vegetation, except weeds;

3-22          (2) Wildlife; or

3-23          (3) Public health and safety.

3-24      2.  The Director in classifying commercial fertilizers and

3-25  agricultural minerals as restricted-use commercial fertilizers or

3-26  agricultural minerals shall determine whether:

3-27      (a) The commercial fertilizer or agricultural mineral is highly

3-28  toxic to humans or other animals, including wildlife;

3-29      (b) The regulations governing the application and distribution

3-30  of the commercial fertilizer or agricultural mineral are reasonably

3-31  calculated to avoid injury and are necessary for the proper use of

3-32  the commercial fertilizer or agricultural mineral;

3-33      (c) The benefit from the use of the commercial fertilizer or

3-34  agricultural mineral is of greater value to the public than the

3-35  detriment to the environment or the public health and safety from

3-36  the use of the commercial fertilizer or agricultural mineral; and

3-37      (d) The commercial fertilizer or agricultural mineral can be

3-38  used for harmful purposes other than its registered purposes.

3-39      3.  The Director may adopt such other regulations as are

3-40  necessary to carry out the provisions of this chapter, including,

3-41  without limitation, regulations governing:

3-42      (a) The collection and examination of commercial fertilizers

3-43  and agricultural minerals;

3-44      (b) The types of containers and packages required to be used

3-45  for specific commercial fertilizers or agricultural minerals,

4-1  including, without limitation, requirements concerning the

4-2  construction, strength and size of the containers and packages to

4-3  avoid the danger of spillage, breakage or misuse;

4-4  (c) The safe handling, transportation, storage, display,

4-5  distribution and disposal of commercial fertilizers and agricultural

4-6  minerals and their containers; and

4-7  (d) The information required to be recorded and maintained

4-8  concerning the sale, use and distribution of restricted-use

4-9  commercial fertilizers and agricultural minerals.

4-10      Sec. 7.  1.  It is unlawful for any person to sell or offer to

4-11  sell at retail, or to distribute or deliver for transportation for

4-12  delivery to the consumer or user, a restricted-use commercial

4-13  fertilizer or agricultural mineral unless the person is registered

4-14  with the Director.

4-15      2.  Each person applying for registration must provide the

4-16  Director with a registration statement that includes:

4-17      (a) The name and address of the person registering; and

4-18      (b) The name and address of any person who, on behalf of the

4-19  person registering, sells, offers to sell, distributes or delivers for

4-20  transportation a restricted-use commercial fertilizer or

4-21  agricultural mineral.

4-22      3.  All such registrations expire on December 31 of each year

4-23  and are renewable annually.

4-24      4.  Each person registering with the Director must pay:

4-25      (a) An annual registration fee established by regulation of the

4-26  State Board of Agriculture; and

4-27      (b) A penalty fee established by regulation of the State Board

4-28  of Agriculture if the person failed to renew his previous

4-29  registration on or before February 1 next following its expiration,

4-30  unless his registration is accompanied by a signed statement that

4-31  no person named on the registration statement has sold or

4-32  distributed any restricted-use commercial fertilizer or agricultural

4-33  mineral during the period the registration was not in effect.

4-34      5.  Each person registered pursuant to this section shall

4-35  maintain for at least 2 years a record of all sales of restricted-use

4-36  commercial fertilizers or agricultural minerals showing:

4-37      (a) The date of sale or delivery of the restricted-use

4-38  commercial fertilizer or agricultural mineral;

4-39      (b) The name and address of the person to whom the

4-40  restricted-use commercial fertilizer or agricultural mineral was

4-41  sold or delivered;

4-42      (c) The brand name of the restricted-use commercial fertilizer

4-43  or agricultural mineral sold or delivered;

4-44      (d) The amount of the restricted-use commercial fertilizer or

4-45  agricultural mineral sold or delivered; and

5-1  (e) Such other information as may be required by the Director.

5-2  6.  Each person registered pursuant to this section shall, on or

5-3  before the date specified for each reporting period established

5-4  pursuant to subsection 7, file a report with the Director specifying

5-5  the restricted-use commercial fertilizers or agricultural minerals

5-6  that the person sold during the reporting period. The Director

5-7  shall provide the form for the report. The report must be filed

5-8  regardless of whether the person sold any commercial fertilizers or

5-9  agricultural minerals during the reporting period.

5-10      7.  The Director shall adopt regulations establishing reporting

5-11  periods and dates for filing reports pursuant to subsection 6.

5-12      Sec. 8.  The Director may refuse to grant or renew a

5-13  registration pursuant to section 7 of this act or may suspend or

5-14  revoke the registration if, after notice and a hearing, he finds that:

5-15      1.  The person registered has, without reasonable cause, failed

5-16  to record information as required by section 7 of this act or a

5-17  regulation adopted by the Director;

5-18      2.  The person registered has made a false entry in a required

5-19  record; or

5-20      3.  The applicant for registration has made a sale or delivery

5-21  of a restricted-use commercial fertilizer or agricultural mineral

5-22  without registering with the Director.

5-23      Sec. 9.  NRS 588.010 is hereby amended to read as follows:

5-24      588.010  As used in this chapter, unless the context otherwise

5-25  requires, the words and terms defined in NRS 588.020 to 588.150,

5-26  inclusive, and section 2 of this act, have the meanings ascribed to

5-27  them in those sections.

5-28      Sec. 10.  NRS 588.170 is hereby amended to read as follows:

5-29      588.170  1.  Each brand and grade of commercial fertilizer or

5-30  agricultural mineral must be registered with the Department before

5-31  being offered for sale, sold or distributed in this state.

5-32      2.  An application for registration must be submitted [in

5-33  duplicate] to the Director on a form furnished by him, and , except

5-34  as otherwise provided in subsection 3, must be accompanied by a

5-35  registration fee in an amount to be fixed annually by the Director for

5-36  each combined registration of brand and grade.

5-37      3.  [The applicant must deposit with the Department an airtight

5-38  container containing not less than 2 pounds of the fertilizer or

5-39  agricultural mineral, together with an affidavit stating that it is a fair

5-40  sample of the fertilizer or agricultural mineral to be sold or offered

5-41  for sale.] A person who offers a commercial fertilizer or

5-42  agricultural mineral for sale before registering the brand and

5-43  grade of the commercial fertilizer or agricultural mineral shall

5-44  pay an amount equal to twice the otherwise applicable registration

6-1  fee for registering the brand and grade of the commercial fertilizer

6-2  or agricultural mineral.

6-3  4.  Upon approval by the Director, a copy of the registration

6-4  must be furnished to the applicant.

6-5  5.  All registrations expire on June 30 of each year.

6-6  Sec. 11.  NRS 561.305 is hereby amended to read as follows:

6-7  561.305  The Department shall establish and maintain a

6-8  laboratory for the following purposes:

6-9  1.  The diagnosis of infectious, contagious and parasitic

6-10  diseases of livestock, as may be necessary under the provisions of

6-11  chapter 571 of NRS.

6-12      2.  The diagnosis of infectious, contagious and parasitic

6-13  diseases of bees, as may be necessary under the provisions of NRS

6-14  552.085 to 552.310, inclusive.

6-15      3.  The diagnosis of infectious, contagious and destructive

6-16  diseases of agricultural commodities, and infestations thereof by

6-17  pests, as may be necessary under the provisions of NRS 554.010 to

6-18  554.240, inclusive.

6-19      4.  The survey and identification of insect pests, plant diseases

6-20  and noxious weeds, and the maintenance of a herbarium, as may be

6-21  necessary under the provisions of NRS 555.010 to 555.249,

6-22  inclusive.

6-23      5.  The testing of pesticides, as may be necessary under the

6-24  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

6-25  586.450, inclusive.

6-26      6.  The safekeeping and maintenance of official standards of

6-27  weights and measures, as may be necessary under the provisions of

6-28  chapter 581 of NRS.

6-29      7.  The testing and grading of agricultural products and the

6-30  testing of the purity and germinating power of agricultural seeds and

6-31  the testing of the spray residue contained in produce, as may be

6-32  necessary under the provisions of chapter 587 of NRS.

6-33      8.  The analysis and testing of commercial fertilizers and

6-34  agricultural minerals, as may be necessary under the provisions of

6-35  chapter 588 of NRS . [588.010 to 588.350, inclusive.]

6-36      9.  The analysis and testing of petroleum products, as may be

6-37  necessary under the provisions of NRS 590.010 to 590.150,

6-38  inclusive.

6-39      10.  The analysis and testing of antifreeze, as may be necessary

6-40  under the provisions of NRS 590.340 to 590.450, inclusive.

6-41      11.  Any laboratory examinations, diagnoses, analyses or

6-42  testing as may be deemed necessary by the Director and which can

6-43  be made with equipment available in any such laboratory. Any

6-44  resident of this state may submit samples to the Department for

7-1  examination, diagnosis, analysis or testing, subject to such rules and

7-2  regulations as may be adopted by the Director.

7-3  Sec. 12.  NRS 561.385 is hereby amended to read as follows:

7-4  561.385  1.  The Agriculture Registration and Enforcement

7-5  Account is hereby created in the State General Fund for the use of

7-6  the Department.

7-7  2.  The following fees must be deposited in the Agriculture

7-8  Registration and Enforcement Account:

7-9  (a) Fees collected pursuant to the provisions of NRS 586.010 to

7-10  586.450, inclusive.

7-11      (b) Fees collected pursuant to the provisions of chapter 588 of

7-12  NRS . [588.010 to 588.350, inclusive.]

7-13      (c) Fees collected pursuant to the provisions of NRS 590.340 to

7-14  590.450, inclusive.

7-15      (d) Laboratory fees collected for the testing of pesticides as

7-16  authorized by NRS 561.305, and as are necessary pursuant to the

7-17  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

7-18  586.450, inclusive.

7-19      (e) Laboratory fees collected for the analysis and testing of

7-20  commercial fertilizers and agricultural minerals, as authorized by

7-21  NRS 561.305, and as are necessary pursuant to the provisions of

7-22  chapter 588 of NRS . [588.010 to 588.350, inclusive.]

7-23      (f) Laboratory fees collected for the analysis and testing of

7-24  petroleum products, as authorized by NRS 561.305, and as are

7-25  necessary pursuant to the provisions of NRS 590.010 to 590.150,

7-26  inclusive.

7-27      (g) Laboratory fees collected for the analysis and testing of

7-28  antifreeze, as authorized by NRS 561.305, and as are necessary

7-29  pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

7-30      3.  Expenditures from the Agriculture Registration and

7-31  Enforcement Account may be made only to carry out the provisions

7-32  of this chapter, chapters 586, 588 and 590 of NRS and NRS

7-33  555.2605 to 555.460, inclusive.

7-34      Sec. 13.  1.  This section and section 6 of this act become

7-35  effective upon passage and approval.

7-36      2.  Sections 2 and 7 of this act become effective upon passage

7-37  and approval for the purpose of adopting regulations and on

7-38  January 1, 2004, for all other purposes.

7-39      3.  Sections 1, 3, 4 and 5, and 8 to 12, inclusive, of this act

7-40  become effective on January 1, 2004.

 

7-41  H