AB 74 — Revises provisions relating to pesticides. (BDR 51-265)

A.B.Assembly Bill No.

7474–Committee Aon SSEMBLYNatural BResources ILLNCHAPTER.......... O.

74–COMMITTEE ON N ATURAL RESOURCES (ON B EHALF OF THE S TATE D EPARTMENT OF A GRICULTURE ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to pesticides.

(BDR 51-265) 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.

The United States Environmental Protection Agency delegates the primary responsibility of implementing the Certification of Pesticide Applicators Rules to states through State certification plans.

§ 136i) Existing federal regulations impose certain recordkeeping requirements on restricted-use pesticide dealers.sellers of restricted-use pesticides to maintain records of all sales for 2 years and to submit a monthly report to the Director of the State Department of Agriculture specifying the restricted-use pesticides sold during the previous month.

(40(NRS C.F.R.586.406) Restricted-use pesticides are defined in existing law as any pesticides that:

§(1) 171.303)the TheDirector Nevadaof Pesticidesthe ActState requiresDepartment registered sellers of restricted-useAgriculture pesticideshas determined to maintainbe recordsor of(2) allhave salesbeen classified for 2restricted yearsuse andby toor submitunder a monthly report to the Directorsupervision of theaafety; State Department of Agriculture 586.406) Restricted-use pesticides are defined in existing law as any pesticides that:

(1)certified theapplicator Directorin ofaccordance thewith Statefederal Departmentlaw. of Agriculture has determined to be injurious or detrimental to certain animals, crops, land or public health and safety;

or(NRS (2)586.205) haveThis beenbill classifiedrequires registered sellers to maintain records for restricted2 useyears byof oreach underdistribution of restricted-use pesticides, in addition to the supervisionsales, and revises the requirements for monthly reports of asales certifiedto applicatorthe Director to also include distributions of restricted- distributions be made in accordance with the federal law.recordkeeping requirements for State certification plans.

(NRSEXPLANATION 586.205)– ThisMatter billin requiresbolded registereditalics sellersis tonew; maintain records for 2 years of each distribution of monthly reports of sales to the Director to also include distributions of restricted- use pesticides.

Additionally,matter thisbetween billbrackets requires[omitted thatmaterial] theis recordsmaterial ofto sales and distributions be madeomitted. in accordance with the federal recordkeeping requirements for State certification plans.

- *AB74* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 81st Session (2021) – 2 – 4.

Each person who is registered shall maintain for 2 years a record of [all sales] each sale and distribution of restricted-use pesticidespes(a) [showing:The date of sale or delivery;

(a)(b) The datename and address of salethe person to whom sold or delivery;delivered;

delivered;(c) The brand name of the pesticide product;

name and address of the person to whom sold or (c) The brand name of the pesticide product;

- *AB74* – 3 – The form must be filed regardless of whether the person sold or distributed any pesticides during the previous month.

H~~~~~ 21 - *AB74*81st Session (2021)