REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 4, 6)           

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

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; expanding the authorized uses of the fees currently deposited in an account for the disposal of pesticides to include the monitoring of ground water and surface water from contamination by pesticides; 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 [.] and

2-42  to monitor pesticides and protect ground water and surface water

2-43  from contamination by pesticides.

3-1  3.  A registrant who offers a pesticide for sale before registering

3-2  the brand of pesticide shall pay an amount equal to twice the

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

3-4  Sec. 7.  NRS 586.335 is hereby amended to read as follows:

3-5  586.335  1.  The Director shall endeavor to eliminate from use

3-6  in this state any pesticide:

3-7  (a) Which endangers the agricultural or nonagricultural

3-8  environment;

3-9  (b) Which is not beneficial for the purposes for which it is sold;

3-10  or

3-11      (c) Which is misrepresented.

3-12      2.  In carrying out this responsibility, he shall develop an

3-13  orderly program for the continuous evaluation of all pesticides the

3-14  brands of which have actually been registered.

3-15      Sec. 8.  NRS 586.339 is hereby amended to read as follows:

3-16      586.339  1.  Pursuant to NRS 586.335, the Director may, after

3-17  a hearing, cancel the registration of, or refuse to register, any brand

3-18  of pesticide[:

3-19      (a) Which] if:

3-20      (a) The pesticide has demonstrated serious uncontrollable

3-21  adverse effects within or outside the agricultural environment.

3-22      (b) The use of [which] the pesticide is of less public value or

3-23  greater detriment to the environment than the benefit received by its

3-24  use.

3-25      (c) [For which there] There is a reasonably effective and

3-26  practicable alternate material or procedure to the pesticide which is

3-27  demonstrably less destructive to the environment.

3-28      (d) [Which, if] The pesticide, when properly used, is detrimental

3-29  to:

3-30          (1) Vegetation, except weeds;

3-31          (2) Domestic animals; or

3-32          (3) Public health and safety.

3-33      (e) [Which] The pesticide is of little or no value for the purpose

3-34  for which it is intended.

3-35      (f) [Concerning which any] Any false or misleading statement

3-36  concerning the pesticide is made or implied by the registrant or his

3-37  agent, orally or in writing, or in the form of any advertising

3-38  literature.

3-39      2.  In making any such determination, the Director may require

3-40  such practical demonstrations as are necessary to determine the

3-41  facts.

3-42      3.  If the Director has a reason to believe that any of the

3-43  conditions stated in subsection 1 are applicable to any [registered]

3-44  pesticide the brand of which is registered and that the use or

3-45  continued use of the pesticide constitutes an immediate substantial

4-1  danger to persons or to the environment, he may, after notice to the

4-2  registrant, suspend the registration of the brand of pesticide pending

4-3  a hearing and final decision.

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

4-5  586.350  It is unlawful for any person to distribute, sell or offer

4-6  for sale within this state, or deliver for transportation or transport in

4-7  intrastate commerce or between points within this state through any

4-8  point outside this state, any pesticide the brand of which has not

4-9  been registered pursuant to the provisions of NRS 586.250 to

4-10  586.300, inclusive, or any pesticide if any of the claims made for it

4-11  or any of the directions for its use differ in substance from the

4-12  representations made in connection with its registration, or if the

4-13  composition of a pesticide differs from its composition as

4-14  represented in connection with its registration, except that, in the

4-15  discretion of the Director, a change in the labeling or formula of a

4-16  pesticide may be made within a registration period without requiring

4-17  reregistration of the [product.] brand of pesticide.

4-18      Sec. 10.  NRS 586.360 is hereby amended to read as follows:

4-19      586.360  It is unlawful for any person to distribute, sell or offer

4-20  for sale within this state, or deliver for transportation or transport in

4-21  intrastate commerce or between points within this state through any

4-22  point outside this state, any pesticide unless it is in the registrant’s

4-23  or the manufacturer’s unbroken immediate container and there is

4-24  affixed to the container, and to the outside container or wrapper of

4-25  the retail package, if there is one through which the required

4-26  information on the immediate container cannot be clearly read, a

4-27  label bearing:

4-28      1.  The name and address of the manufacturer, registrant or

4-29  person for whom manufactured.

4-30      2.  The [name, brand or trademark] brand under which the

4-31  article is sold.

4-32      3.  The net weight or measure of the content, subject to such

4-33  reasonable variations as the Director may permit.

4-34      Sec. 11.  NRS 586.420 is hereby amended to read as follows:

4-35      586.420  1.  The penalties provided for violations of NRS

4-36  586.350 to 586.390, inclusive, do not apply to:

4-37      (a) Any carrier while lawfully engaged in transporting a

4-38  pesticide within this state, if the carrier, upon request, permits the

4-39  Director or his designated agent to copy all records showing the

4-40  transactions in and movement of the articles.

4-41      (b) Public officers of this state and the Federal Government

4-42  engaged in the performance of their duties.

4-43      (c) The manufacturer or shipper of a pesticide for experimental

4-44  use only:

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

5-2  of the Federal Government authorized by law to conduct research in

5-3  the field of pesticides; or

5-4       (2) By other persons if the pesticide is not sold and if the

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

5-6  experimental use only—Not to be sold,” together with the

5-7  manufacturer’s name and address, but if a written permit has been

5-8  obtained from the Director, pesticides may be sold for experimental

5-9  purposes subject to such restrictions and conditions as may be set

5-10  forth in the permit.

5-11      2.  An article shall not be deemed in violation of the provisions

5-12  of NRS 586.010 to 586.450, inclusive, and section 1 of this act if

5-13  intended solely for export to a foreign country[,] and if prepared or

5-14  packed according to the specifications or directions of the purchaser.

5-15  If not so exported, all the provisions of NRS 586.010 to 586.450,

5-16  inclusive, and section 1 of this act apply.

5-17      Sec. 12.  NRS 586.430 is hereby amended to read as follows:

5-18      586.430  1.  The examination of pesticides or devices must be

5-19  made under the direction of the Director to determine whether they

5-20  comply with the requirements of NRS 586.010 to 586.450, inclusive

5-21  [.] , and section 1 of this act. If it appears from the examination that

5-22  a pesticide or device fails to comply with the provisions of NRS

5-23  586.010 to 586.450, inclusive, and section 1 of this act and the

5-24  Director contemplates instituting criminal proceedings against any

5-25  person, the Director shall cause appropriate notice to be given to the

5-26  person. Any person so notified must be given an opportunity to

5-27  present his views, orally or in writing, with regard to those

5-28  contemplated proceedings, and if thereafter in the opinion of the

5-29  Director it appears that the provisions of NRS 586.010 to 586.450,

5-30  inclusive, and section 1 of this act have been violated by the person,

5-31  the Director shall refer the facts to the district attorney of the county

5-32  in which the violation occurred with a copy of the results of the

5-33  analysis or the examination of the article. The provisions of NRS

5-34  586.010 to 586.450, inclusive, and section 1 of this act do not

5-35  require the Director to report any act or failure to act for prosecution

5-36  or for the institution of libel proceedings, or to report minor

5-37  violations of NRS 586.010 to 586.450, inclusive, and section 1 of

5-38  this act if he believes that the public interest will be best served by a

5-39  suitable notice of warning in writing.

5-40      2.  Each district attorney to whom any such violation is reported

5-41  shall cause appropriate proceedings to be instituted and prosecuted

5-42  in a court of proper jurisdiction without delay.

5-43      3.  The Director shall, by publication in such manner as he may

5-44  prescribe, give notice of all judgments entered in actions instituted

6-1  under the authority of NRS 586.010 to 586.450, inclusive[.] , and

6-2  section 1 of this act.

6-3  Sec. 13.  NRS 586.440 is hereby amended to read as follows:

6-4  586.440  1.  Any pesticide or device that is distributed, sold or

6-5  offered for sale within the State of Nevada , or delivered for

6-6  transportation or transported in intrastate commerce or between

6-7  points within this state through any point outside this state [shall be]

6-8  is liable to be proceeded against in any district court in any county

6-9  of this state where it may be found and seized for confiscation by

6-10  process of libel for condemnation:

6-11      (a) In the case of a pesticide:

6-12          (1) If it is adulterated or misbranded.

6-13          (2) If [it] the brand of the pesticide has not been registered

6-14  under the provisions of NRS 586.250 to 586.300, inclusive.

6-15          (3) If it is a white powder pesticide and is not colored as

6-16  required under NRS 586.010 to 586.450, inclusive[.] , and section

6-17  1 of this act.

6-18          (4) If it fails to bear on the label the information required by

6-19  NRS 586.010 to 586.450, inclusive[.] , and section 1 of this act.

6-20      (b) In the case of a device, if it is misbranded.

6-21      2.  If the article is condemned, it [shall,] must, after the entry of

6-22  the decree, be disposed of by destruction or sale as the court may

6-23  direct, and the proceeds [shall] must be paid to the State Treasurer

6-24  and deposited in the State General Fund. The article seized [shall]

6-25  must not be sold or destroyed contrary to the provisions of NRS

6-26  586.010 to 586.450, inclusive[.] , and section 1 of this act. The

6-27  article [shall] must not be sold or destroyed if the owner thereof

6-28  pays the costs of condemnation and executes a good and sufficient

6-29  bond conditioned that the article [shall] must not be disposed of

6-30  unlawfully. The court shall then order that the article condemned

6-31  [shall] must be delivered to the owner thereof for relabeling or

6-32  reprocessing as the case may be.

6-33      3.  When a decree of condemnation is entered against the

6-34  article, court costs, fees and storage charges , and other proper

6-35  expenses [shall] , must be awarded against the person, if any,

6-36  intervening as claimant of the article.

6-37      Sec. 14.  NRS 561.385 is hereby amended to read as follows:

6-38      561.385  1.  The Agriculture Registration and Enforcement

6-39  Account is hereby created in the State General Fund for the use of

6-40  the Department.

6-41      2.  The following fees must be deposited in the Agriculture

6-42  Registration and Enforcement Account:

6-43      (a) [Fees] Except as otherwise provided in NRS 586.270, fees

6-44  collected pursuant to the provisions of NRS 586.010 to 586.450,

6-45  inclusive[.] , and section 1 of this act.

7-1  (b) Fees collected pursuant to the provisions of chapter 588 of

7-2  NRS . [588.010 to 588.350, inclusive.]

7-3  (c) Fees collected pursuant to the provisions of NRS 590.340 to

7-4  590.450, inclusive.

7-5  (d) Laboratory fees collected for the testing of pesticides as

7-6  authorized by NRS 561.305, and as are necessary pursuant to the

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

7-8  586.450, inclusive[.] , and section 1 of this act.

7-9  (e) Laboratory fees collected for the analysis and testing of

7-10  commercial fertilizers and agricultural minerals, as authorized by

7-11  NRS 561.305, and as are necessary pursuant to the provisions of

7-12  NRS 588.010 to 588.350, inclusive.

7-13      (f) Laboratory fees collected for the analysis and testing of

7-14  petroleum products, as authorized by NRS 561.305, and as are

7-15  necessary pursuant to the provisions of NRS 590.010 to 590.150,

7-16  inclusive.

7-17      (g) Laboratory fees collected for the analysis and testing of

7-18  antifreeze, as authorized by NRS 561.305, and as are necessary

7-19  pursuant to the provisions of NRS 590.340 to 590.450, inclusive.

7-20      3.  Expenditures from the Agriculture Registration and

7-21  Enforcement Account may be made only to carry out the provisions

7-22  of this chapter, chapters 586, 588 and 590 of NRS and NRS

7-23  555.2605 to 555.460, inclusive.

7-24      Sec. 15.  This act becomes effective upon passage and approval

7-25  for the purpose of adopting regulations and on January 1, 2004, for

7-26  all other purposes.

 

7-27  H