requires two-thirds majority vote (§§ 4, 6)                                                                                                            

                                                                                                  

 

Assembly Bill No. 91–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of the Department of Agriculture)

 

February 13, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Revises provisions governing regulation of pesticides. (BDR 51‑568)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to pesticides; providing for the registration of brands of pesticides; requiring the annual deposit of certain unexpended registration fees into a separate account for use to monitor pesticides and protect ground and surface water; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 586 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  “Brand” means any and all words, terms, designs or

1-4  trademarks used in connection with a pesticide.

1-5  Sec. 2.  NRS 586.020 is hereby amended to read as follows:

1-6  586.020  As used in NRS 586.010 to 586.450, inclusive, and

1-7  section 1 of this act, unless the context otherwise requires, the

1-8  words and terms defined in NRS 586.030 to 586.220, inclusive, and

1-9  section 1 of this act have the meanings ascribed to them in those

1-10  sections.

 

 

2-1  Sec. 3.  NRS 586.200 is hereby amended to read as follows:

2-2  586.200  “Registrant” means the person registering any brand

2-3  of pesticide pursuant to the provisions of NRS 586.010 to 586.450,

2-4  inclusive[.] , and section 1 of this act.

2-5  Sec. 4.  NRS 586.250 is hereby amended to read as follows:

2-6  586.250  [1.] Each brand of pesticide which is distributed,

2-7  sold[,] or offered for sale within this state , or delivered for

2-8  transportation or transported in intrastate commerce or between

2-9  points within this state through any point outside this state , must be

2-10  registered in the office of the Director . [and] Such a registration of

2-11  a brand of pesticide must be renewed annually.

2-12      [2.  Products which have the same formula and are

2-13  manufactured by the same person, the labeling of which contains the

2-14  same claims, and the labels of which bear a designation identifying

2-15  the product as the same pesticide may be registered as a single

2-16  pesticide. Additional names and labels may be added by

2-17  supplemental statements during the current period of registration.]

2-18      Sec. 5.  NRS 586.260 is hereby amended to read as follows:

2-19      586.260  1.  The registrant shall file with the Director a

2-20  statement including:

2-21      (a) The name and address of the registrant and the name and

2-22  address of the person whose name will appear on the label, if other

2-23  than the registrant.

2-24      (b) The [name] brand of the pesticide.

2-25      (c) A complete copy of the labeling accompanying the brand of

2-26  pesticide and a statement of all claims to be made for it, including

2-27  directions for use.

2-28      (d) If requested by the Director, a full description of the tests

2-29  made and the results thereof upon which the claims are based.

2-30      2.  In the case of the renewal of registration, a statement is

2-31  required only with respect to information which is different from the

2-32  information that was furnished when the brand of pesticide was

2-33  registered or last reregistered.

2-34      Sec. 6.  NRS 586.270 is hereby amended to read as follows:

2-35      586.270  1.  A registrant shall pay an annual registration fee in

2-36  an amount established by regulation of the Director for each brand

2-37  of pesticide registered.

2-38      2.  The Director shall, for each annual registration fee he

2-39  collects, deposit in a separate account the amount established for

2-40  that purpose by regulation of the Director. The money deposited in

2-41  the account must be used [only] for the disposal of pesticides. Any

2-42  money remaining in the account at the end of a fiscal year that

2-43  has not otherwise been committed for expenditure must be

2-44  deposited into a separate account and used to monitor pesticides

3-1  and protect ground water and surface water from contamination

3-2  by pesticides.

3-3  3.  A registrant who offers a pesticide for sale before registering

3-4  the brand of pesticide shall pay an amount equal to twice the

3-5  registration fee for registering the brand of pesticide.

3-6  Sec. 7.  NRS 586.335 is hereby amended to read as follows:

3-7  586.335  1.  The Director shall endeavor to eliminate from use

3-8  in this state any pesticide:

3-9  (a) Which endangers the agricultural or nonagricultural

3-10  environment;

3-11      (b) Which is not beneficial for the purposes for which it is sold;

3-12  or

3-13      (c) Which is misrepresented.

3-14      2.  In carrying out this responsibility, he shall develop an

3-15  orderly program for the continuous evaluation of all pesticides the

3-16  brands of which have actually been registered.

3-17      Sec. 8.  NRS 586.339 is hereby amended to read as follows:

3-18      586.339  1.  Pursuant to NRS 586.335, the Director may, after

3-19  a hearing, cancel the registration of, or refuse to register, any brand

3-20  of pesticide[:

3-21      (a) Which] if:

3-22      (a) The pesticide has demonstrated serious uncontrollable

3-23  adverse effects within or outside the agricultural environment.

3-24      (b) The use of [which] the pesticide is of less public value or

3-25  greater detriment to the environment than the benefit received by its

3-26  use.

3-27      (c) [For which there] There is a reasonably effective and

3-28  practicable alternate material or procedure to the pesticide which is

3-29  demonstrably less destructive to the environment.

3-30      (d) [Which, if] The pesticide, when properly used, is detrimental

3-31  to:

3-32          (1) Vegetation, except weeds;

3-33          (2) Domestic animals; or

3-34          (3) Public health and safety.

3-35      (e) [Which] The pesticide is of little or no value for the purpose

3-36  for which it is intended.

3-37      (f) [Concerning which any] Any false or misleading statement

3-38  concerning the pesticide is made or implied by the registrant or his

3-39  agent, orally or in writing, or in the form of any advertising

3-40  literature.

3-41      2.  In making any such determination, the Director may require

3-42  such practical demonstrations as are necessary to determine the

3-43  facts.

3-44      3.  If the Director has a reason to believe that any of the

3-45  conditions stated in subsection 1 are applicable to any [registered]

4-1  pesticide the brand of which is registered and that the use or

4-2  continued use of the pesticide constitutes an immediate substantial

4-3  danger to persons or to the environment, he may, after notice to the

4-4  registrant, suspend the registration of the brand of pesticide pending

4-5  a hearing and final decision.

4-6  Sec. 9.  NRS 586.350 is hereby amended to read as follows:

4-7  586.350  It is unlawful for any person to distribute, sell or offer

4-8  for sale within this state, or deliver for transportation or transport in

4-9  intrastate commerce or between points within this state through any

4-10  point outside this state, any pesticide the brand of which has not

4-11  been registered pursuant to the provisions of NRS 586.250 to

4-12  586.300, inclusive, or any pesticide if any of the claims made for it

4-13  or any of the directions for its use differ in substance from the

4-14  representations made in connection with its registration, or if the

4-15  composition of a pesticide differs from its composition as

4-16  represented in connection with its registration, except that, in the

4-17  discretion of the Director, a change in the labeling or formula of a

4-18  pesticide may be made within a registration period without requiring

4-19  reregistration of the [product.] brand of pesticide.

4-20      Sec. 10.  NRS 586.360 is hereby amended to read as follows:

4-21      586.360  It is unlawful for any person to distribute, sell or offer

4-22  for sale within this state, or deliver for transportation or transport in

4-23  intrastate commerce or between points within this state through any

4-24  point outside this state, any pesticide unless it is in the registrant’s

4-25  or the manufacturer’s unbroken immediate container and there is

4-26  affixed to the container, and to the outside container or wrapper of

4-27  the retail package, if there is one through which the required

4-28  information on the immediate container cannot be clearly read, a

4-29  label bearing:

4-30      1.  The name and address of the manufacturer, registrant or

4-31  person for whom manufactured.

4-32      2.  The [name, brand or trademark] brand under which the

4-33  article is sold.

4-34      3.  The net weight or measure of the content, subject to such

4-35  reasonable variations as the Director may permit.

4-36      Sec. 11.  NRS 586.420 is hereby amended to read as follows:

4-37      586.420  1.  The penalties provided for violations of NRS

4-38  586.350 to 586.390, inclusive, do not apply to:

4-39      (a) Any carrier while lawfully engaged in transporting a

4-40  pesticide within this state, if the carrier, upon request, permits the

4-41  Director or his designated agent to copy all records showing the

4-42  transactions in and movement of the articles.

4-43      (b) Public officers of this state and the Federal Government

4-44  engaged in the performance of their duties.

5-1  (c) The manufacturer or shipper of a pesticide for experimental

5-2  use only:

5-3       (1) By or under the supervision of an agency of this state or

5-4  of the Federal Government authorized by law to conduct research in

5-5  the field of pesticides; or

5-6       (2) By other persons if the pesticide is not sold and if the

5-7  container thereof is plainly and conspicuously marked “For

5-8  experimental use only—Not to be sold,” together with the

5-9  manufacturer’s name and address, but if a written permit has been

5-10  obtained from the Director, pesticides may be sold for experimental

5-11  purposes subject to such restrictions and conditions as may be set

5-12  forth in the permit.

5-13      2.  An article shall not be deemed in violation of the provisions

5-14  of NRS 586.010 to 586.450, inclusive, and section 1 of this act if

5-15  intended solely for export to a foreign country[,] and if prepared or

5-16  packed according to the specifications or directions of the purchaser.

5-17  If not so exported, all the provisions of NRS 586.010 to 586.450,

5-18  inclusive, and section 1 of this act apply.

5-19      Sec. 12.  NRS 586.430 is hereby amended to read as follows:

5-20      586.430  1.  The examination of pesticides or devices must be

5-21  made under the direction of the Director to determine whether they

5-22  comply with the requirements of NRS 586.010 to 586.450, inclusive

5-23  [.] , and section 1 of this act. If it appears from the examination that

5-24  a pesticide or device fails to comply with the provisions of NRS

5-25  586.010 to 586.450, inclusive, and section 1 of this act and the

5-26  Director contemplates instituting criminal proceedings against any

5-27  person, the Director shall cause appropriate notice to be given to the

5-28  person. Any person so notified must be given an opportunity to

5-29  present his views, orally or in writing, with regard to those

5-30  contemplated proceedings, and if thereafter in the opinion of the

5-31  Director it appears that the provisions of NRS 586.010 to 586.450,

5-32  inclusive, and section 1 of this act have been violated by the person,

5-33  the Director shall refer the facts to the district attorney of the county

5-34  in which the violation occurred with a copy of the results of the

5-35  analysis or the examination of the article. The provisions of NRS

5-36  586.010 to 586.450, inclusive, and section 1 of this act do not

5-37  require the Director to report any act or failure to act for prosecution

5-38  or for the institution of libel proceedings, or to report minor

5-39  violations of NRS 586.010 to 586.450, inclusive, and section 1 of

5-40  this act if he believes that the public interest will be best served by a

5-41  suitable notice of warning in writing.

5-42      2.  Each district attorney to whom any such violation is reported

5-43  shall cause appropriate proceedings to be instituted and prosecuted

5-44  in a court of proper jurisdiction without delay.

6-1  3.  The Director shall, by publication in such manner as he may

6-2  prescribe, give notice of all judgments entered in actions instituted

6-3  under the authority of NRS 586.010 to 586.450, inclusive[.] , and

6-4  section 1 of this act.

6-5  Sec. 13.  NRS 586.440 is hereby amended to read as follows:

6-6  586.440  1.  Any pesticide or device that is distributed, sold or

6-7  offered for sale within the State of Nevada , or delivered for

6-8  transportation or transported in intrastate commerce or between

6-9  points within this state through any point outside this state [shall be]

6-10  is liable to be proceeded against in any district court in any county

6-11  of this state where it may be found and seized for confiscation by

6-12  process of libel for condemnation:

6-13      (a) In the case of a pesticide:

6-14          (1) If it is adulterated or misbranded.

6-15          (2) If [it] the brand of the pesticide has not been registered

6-16  under the provisions of NRS 586.250 to 586.300, inclusive.

6-17          (3) If it is a white powder pesticide and is not colored as

6-18  required under NRS 586.010 to 586.450, inclusive[.] , and section

6-19  1 of this act.

6-20          (4) If it fails to bear on the label the information required by

6-21  NRS 586.010 to 586.450, inclusive[.] , and section 1 of this act.

6-22      (b) In the case of a device, if it is misbranded.

6-23      2.  If the article is condemned, it [shall,] must, after the entry of

6-24  the decree, be disposed of by destruction or sale as the court may

6-25  direct, and the proceeds [shall] must be paid to the State Treasurer

6-26  and deposited in the State General Fund. The article seized [shall]

6-27  must not be sold or destroyed contrary to the provisions of NRS

6-28  586.010 to 586.450, inclusive[.] , and section 1 of this act. The

6-29  article [shall] must not be sold or destroyed if the owner thereof

6-30  pays the costs of condemnation and executes a good and sufficient

6-31  bond conditioned that the article [shall] must not be disposed of

6-32  unlawfully. The court shall then order that the article condemned

6-33  [shall] must be delivered to the owner thereof for relabeling or

6-34  reprocessing as the case may be.

6-35      3.  When a decree of condemnation is entered against the

6-36  article, court costs, fees and storage charges , and other proper

6-37  expenses [shall] , must be awarded against the person, if any,

6-38  intervening as claimant of the article.

6-39      Sec. 14.  NRS 561.385 is hereby amended to read as follows:

6-40      561.385  1.  The Agriculture Registration and Enforcement

6-41  Account is hereby created in the State General Fund for the use of

6-42  the Department.

6-43      2.  The following fees must be deposited in the Agriculture

6-44  Registration and Enforcement Account:

7-1  (a) [Fees] Except as otherwise provided in NRS 586.270, fees

7-2  collected pursuant to the provisions of NRS 586.010 to 586.450,

7-3  inclusive[.] , and section 1 of this act.

7-4  (b) Fees collected pursuant to the provisions of chapter 588 of

7-5  NRS . [588.010 to 588.350, inclusive.]

7-6  (c) Fees collected pursuant to the provisions of NRS 590.340 to

7-7  590.450, inclusive.

7-8  (d) Laboratory fees collected for the testing of pesticides as

7-9  authorized by NRS 561.305, and as are necessary pursuant to the

7-10  provisions of NRS 555.2605 to 555.460, inclusive, and 586.010 to

7-11  586.450, inclusive[.] , and section 1 of this act.

7-12      (e) Laboratory fees collected for the analysis and testing of

7-13  commercial fertilizers and agricultural minerals, as authorized by

7-14  NRS 561.305, and as are necessary pursuant to the provisions of

7-15  NRS 588.010 to 588.350, inclusive.

7-16      (f) Laboratory fees collected for the analysis and testing of

7-17  petroleum products, as authorized by NRS 561.305, and as are

7-18  necessary pursuant to the provisions of NRS 590.010 to 590.150,

7-19  inclusive.

7-20      (g) Laboratory fees collected for the analysis and testing of

7-21  antifreeze, as authorized by NRS 561.305, and as are necessary

7-22  pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

7-23      3.  Expenditures from the Agriculture Registration and

7-24  Enforcement Account may be made only to carry out the provisions

7-25  of this chapter, chapters 586, 588 and 590 of NRS and NRS

7-26  555.2605 to 555.460, inclusive.

7-27      Sec. 15.  This act becomes effective upon passage and approval

7-28  for the purpose of adopting regulations and on January 1, 2004, for

7-29  all other purposes.

 

7-30  H