SB 159 — Revises provisions relating to pest control. (BDR 49-608)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2023) FIRST REPRINT S.B.

159159–Senator SHammond ENATECHAPTER.......... B ILLN O.

159–SENATOR HAMMOND FEBRUARY 15, 2023 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to pest control.

(BDR 49-608) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s prohibitsDigest: a natural person from engaging in, offering to engage in, advertising or soliciting to perform certain pest control activities without first obtaining a license from the Director of the State Department of Agriculture.

advertising or soliciting to perform certain pest control activities without firstn, obtaining a license from the Director of the State Department of Agriculture.

Section 1 pesticidesrequires undersuch theregulations directto supervisionallow ofan aapplicator persontrainee whoto isapply: licensed as an applicator;

(1) general-use and (2) restricted-use pesticides under the immediate supervision of certain personspersons; who are licensed as an applicator.

who are licensed as an applicator.

(NRS 555.460, 555.470) Sections 14 and 15 of this bill provide that a person violating the -penalties *SB159_R1*and –administrative 2fines.n – provisions of section 1 governing an applicator trainee is also subject to criminal penaltiesEXPLANATION and– administrativeMatter fines.in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and - 82nd Session (2023) – 2 – (2) A restricted-use pesticide under the immediate supervision of an authorized commercial applicator, certified non- private applicator or private applicator in accordance with the provisions of NRS 555.351;

and (b) That the supervising applicator or pest control business that employs an applicator trainee is responsible and liable for all actions of the applicator trainee.

555.2605 As used in NRS 555.2605 to 555.460, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, havehavSec. the meanings ascribed to them in those sections.

- *SB159_R1* – 3 – Sec.

(a)- The82nd farmer-ownerSession operates(2023) farm– property3 and– operates and maintains equipment for applying pesticides primarily for his or her own use;

The provisions of NRS 555.2605 to 555.460, inclusive, and section 1 of this act, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to a gardener using hand-powered equipment, devices or contrivances to apply any pesticides of toxicity class III or IV, as classified by the United States Environmental Protection Agency, to any lawn or garden as United an incidental part of his or her business of taking care of a lawn or garden for remuneration, if he or she does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or applying pesticides.

[A] Except as otherwise provided in the regulations adopted pursuant to section 1 of this act, 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, - *SB159_R1* – 4 – location principal or principal for that purpose within this State at anypursuant timeto withoutNRS a555.320.se license as an applicator issued by the Director [.] pursuant2. to NRS 555.320.

2.

555.285 [A] Except as otherwise provided in the regulations adopted pursuant to section 1 of this act, a natural person shall not engage in, offer to engage in, advertise or solicit to perform any of - 82nd Session (2023) – 4 – the following pest control activities concerning wood-destroying pests or organisms without a license as an applicator issued pursuant to NRS 555.320 [issued] by the Director:

Making an inspection to identify or to attempt to identify infestationspests or infectionsorganisms.ections of households or other structures by those pests2. or organisms.

2.

Sec.Secs.

7.7-13.

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