586.406 - Restricted-use pesticides: Registration of seller; registration fee established by regulation; records and monthly reports. - Nevada Statutes

586.406  Restricted-use pesticides: Registration of seller; registration fee established by regulation; records and monthly reports.

      1.  It is unlawful for any person to sell or offer to sell at the retail level or distribute or deliver for transportation for delivery to the consumer or user a pesticide classified for restricted use pursuant to NRS 586.401 or the Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., unless the person is registered with the Director.

      2.  Each person applying for registration must provide a statement including:

      (a) The name and address of the person registering; and

      (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use pesticide.

      3.  All registrations expire on December 31 and are renewable annually.

      4.  Each person registering shall pay:

      (a) An annual registration fee established by regulation of the State Board of Agriculture; and

      (b) A penalty fee of $5 if the person’s previous registration has expired by the failure to reregister on or before February 1, unless the person’s registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use pesticides during the year the registration was not in effect.

      5.  Each person who is registered shall maintain for 2 years a record of all sales of restricted-use pesticides showing:

      (a) The date of sale or delivery;

      (b) The name and address of the person to whom sold or delivered;

      (c) The brand name of the pesticide product;

      (d) The amount of pesticide product sold or delivered;

      (e) The certification number of the certified applicator who is applying or supervising the application of the pesticide if the purchaser of the pesticide is not certified to apply the pesticide; and

      (f) Such other information as may be required by the Director.

      6.  Each person registered pursuant to this section shall, on or before the 15th day of each month, file a report with the Director specifying the restricted-use pesticides sold during the previous month. The Director shall provide the form for the report. The form must be filed regardless of whether the person sold any pesticides during the previous month.

      (Added to NRS by 1975, 186; A 1993, 1194, 1780; 1995, 579; 1999, 3600, 3721)