AB 34 — Revises provisions governing the control of pests, noxious weeds and pesticides. (BDR 49-272)

(a) Investigate the prevalence of;

The Department shall, if necessary or if a complaint is made to the Department, cause an inspection to be conducted of any premises, land, means of conveyance or article of any person in this State if it is found to be infested with any pest, noxious weed or plant disease that is injurious to:

and (b) Must be served in writing, by certified mail , by electronic mailmaiSec. or personally, with receipt given therefor.

Sec.4.rsoNRS 555.160 is hereby amended to read as follows:

4.

NRS 555.160 is hereby amended to read as follows:

Upon the - *AB34_R1* – 5 – discovery of those weeds, the State Quarantine Officer shall ascertain the name of the owner or occupant of the land and the description of the land where the weeds are found.

The State Quarantine Officer may serve notice in writing upon the owner or occupant of the land to control the weeds within such time and in such- manner81st asSession designated(2021) and– described5 in– notice shall be deemed sufficient for the notice.entire season of weed growth during that year.

One such notice shall be deemed sufficient for the entire season of weed growth during that year.

(b) A person not engaged in the nursery or landscaping business who raises nursery stock as a hobby in this State from which the person makes occasional sales, if the person does not advertise or solicitsol(c) forPersons theengaged in agriculture and field-growing vegetable plants intended for sale offor thatuse nurseryin stock.agricultural production.

(c) Persons engaged in agriculture and field-growing vegetable plants intended for sale for use in agricultural production.

(g) A state or local governmental entity, including a conservationmaterials district.held, distributed, collected or sold by such an entity.

The Department may inspect any plant materials held, distributed, collected or sold by such an entity.

The Director may waive the requirements relating to licensing set forth in NRS 555.235 to 555.249, inclusive, for a person otherwise required to obtain a license pursuant to this section if the person only has occasional sales of nursery stock to the - *AB34_R1* – 6 – ultimate customer.

(a) Submit to the Department a completed application for a license to engage in the business of a dealer of nursery stock that - 81st Session (2021) – 6 – includes sufficient information to demonstrate that the person qualifies for a waiver pursuant to this subsection;

and (b) Submit to the Director a notarized affidavit on a form provided by the Department attesting that all information furnished in theA completed application issubmitted true.to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238.

 A completed application submitted to the Department pursuant to this section need not be accompanied by the fee required by NRS 555.238.

555.26155 “Applicator” means a natural person , including, without limitation, a natural person who is employed by a city, county, state or other governmental agency, who [engages in pest control.

- *AB34_R1* – 7 – 1.

(a)- Is81st licensedSession to(2021) apply– or7 supervise– the application of any general-use pesticide;

orly or supervise the application of any (b) Is licensed to apply or supervise the application of any general-use pesticide and is certified to apply or supervise the application of any restricted-use pesticide;

555.2667 “Pest control” means [conducting as a function of the agency, in the case of a city, county, state or other governmental agency, or] publicly holding oneself out as being in the business of detecting, preventing, controlling or exterminating pests or otherwise engaging in, advertising or soliciting for:

555.2681 “Private applicator” means [a certified] an applicator who [uses or supervises the use] is certified to apply or supervise the application of any restricted-use pesticide for purposes of producing any agricultural commodity on property owned or rented by the [certified] applicator or the [certified] applicator’s employer or on the property of the [certified] applicator’s neighbors if applied without compensation other than trading of personal services if applied between producers of agricultural commodities.

- *AB34_R1*81st Session (2021) – 8 – (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than pests or vegetation it is intended to prevent, destroy, control or mitigate;

(1) Vegetation, except weeds;

ororexcept (3)weeds; Public health and safety;

(3) Public health and safety;

A natural person, including, without limitation, any consultant, demonstrator, researcher or specialist, shall not engage , for hire or for profit, in pest control or serve as an agent, operator, pilot, primary principal, location principal or principal for thatapplicator purposeissued withinby thisthe StateDirector.any at any time without a license as an applicator2. issued by the Director.

2.

Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s - 81st Session (2021) – 9 – criminal history will disqualify the person from obtaining a license.

The Director is not bound by his or her determination of - *AB34_R1* – 9 – disqualification or qualification and may rescind such a determination at any time.

3.receives a determination of disqualification to remedy theo determination of disqualification.

The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1.

To the extent consistent with federal law, if thetheto Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

(a)- 81st Session (2021) – 10 – State Department of Agriculture pursuant to subsection 1;of the (b) The number of petitionsdeterminations submittedof todisqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

(b)(c) The numberreasons offor determinationssuch ofdeterminations; disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

- *AB34_R1* – 10 – (c) The reasons for such determinations;

2.collect from each person applying for a business license [, is issued, governmental agency certificate] or license as an applicator [or government applicator] a fee established by regulation of the Director.

The Director shall, before the license or certificate is issued, collect from each person applying for a business license [, governmental agency certificate] or license as an applicator [or government applicator] a fee established by regulation of the Director.

(1)one Notperson in any one accident;0 for bodily injury to or death of (2) Subject to the limit for one person, not less than $100,000$300,000 for bodily injury to or death of onetwo personor more persons in any one accident;

(2) Subject to the limit for one person, not less than $300,000 for bodily injury to or death of two or more persons in any one accident;

2.- 81st Session (2021) – 11 – pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.

The Director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to humans, livestock, wildlife, crops or plantlife.

- *AB34_R1* – 11 – 4.

A verified complaint of loss or damage must be filed within 60 days after the time that the occurrence of the loss or damage becomes known except that, if a growing crop is alleged to have been damaged, the verified complaint must be filed before 50 percent of the crop has been harvested.

(d) The licensee has applied known ineffective or improper materials;

licensee has applied known ineffective or improper (e) The licensee has operated faulty or unsafe equipment;

(h)- The81st licenseeSession has(2021) engaged– in12 the– business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;

- *AB34_R1* – 12 – (k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood- destroying pests or other report or record required by regulation;

(l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country;

or competent jurisdiction in the United States or (m) The licensee has failed to provide adequate instruction or supervision to any unlicensed [employee] applicator working under the supervision of the licensee.

If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee.

1.- 81st Session (2021) – 13 – pesticide within this State at any time without a certificate issued by the Director except a person using any restricted-use pesticide under the supervision of [a certified] an authorized commercial applicator who complies with the provisions of subsection 3, certified non-private applicator or private applicator.

A] subsection 3, a person shall not use any restricted-use pesticide within this State at any time without a certificate issued by the Director except a person using any restricted-use pesticide under the supervision of [a certified] an authorized commercial applicator who complies with the provisions of subsection 3, certified non-private applicator or private applicator.

- *AB34_R1* – 13 – 3.

(a) Demonstrates that he or she satisfies the standards set forth in 40(b) C.F.R.Otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.

§ 171.103;

and (b) Otherwise complies with the provisions of this chapter and any regulations adopted pursuant to this chapter governing the use of restricted-use pesticides.

(f)(g) ApplicationLaws techniques.and regulations.s.

(g) Laws and regulations.

- 81st Session (2021) – 14 – (a) If the applicant is applying to be certified as a non-private applicator, that he or she satisfies the standards set forth in 40 C.F.R.

(b) If the applicant is applying to be certified as a private applicator, that he or she satisfies the standards set forth in 40 C.F.R.

§ 171.105.171.105.he or she satisfies the standards set forth in 40 4.

4.

555.359 The Director may deny or suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may deny, revoke, suspend or modify any certificate issued under the provisions of NRS 555.351 to 555.357, inclusive, if the Director - *AB34_R1* – 14 – finds that the applicant or the [certified] authorized commercial applicator, certified non-private applicator or private applicator:

Aided or abetted an uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, combined or conspired with an uncertified person to evade those provisions, or allowedall7.ed one’sWas certificateguilty toof befraud usedor bydeception anin uncertifiedthe person;procurement of the certificate;

7.

Was guilty of fraud or deception in the procurement of the certificate;

- 81st Session (2021) – 15 – 2.

The Director may, by regulation, require any [certified] authorized commercial applicator, certified non-private applicator or private applicator to maintain such records and furnish reports giving such information with respect to application of restricted-use pesticidesdeem andnecessary.such such other relevant information as the Director may deemSec. necessary.

Sec.

- *AB34_R1* – 15 – Sec.

LEADLINES~~~~~ OF21 REPEALED- SECTIONS81st 555.2643Session “Governmental(2021) agency certificate” defined.

555.2688 “Unlicensed employee” defined.

555.2771 Governmental agency certificate.

555.2772 License as government applicator.

555.2773 Application for governmental agency certificate or license as government applicator.

555.2774 Examination and qualifications of applicant for regulation.government applicator;

testing fee established by 555.2775 Issuance and renewal of license as government applicator;

fee;

written explanation of denial.

H - *AB34_R1*