Title 49

NRS 555.217 Change of boundaries: Petition; notice and hearing; resolution; ratification by board of county commissioners. 1. The boundaries of a weed control district may be changed in the manner prescribed in this section or in subsection 3 of NRS 308.080, but the change of bou…

NRS 555.220 Civil penalty. Any person violating any of the provisions of NRS 555.202 to 555.210, inclusive, or failing, refusing or neglecting to perform or observe any conditions or regulations prescribed by the State Quarantine Officer, in accordance with the provisions of NRS …

NRS 555.235 Definitions. As used in NRS 555.235 to 555.249, inclusive, unless the context otherwise requires, the words and terms defined in NRS 555.23515 to 555.2358, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1959, 563; A 1961, 526; 1973, …

NRS 555.23515 “Broker” defined. “Broker” means any person who acts as an agent for another person in negotiating the purchase or sale of nursery stock but who does not handle either the nursery stock which is involved in the purchase or sale, or the proceeds of the sale, if appli…

NRS 555.23523 “Dangerously injurious plant pest” defined. “Dangerously injurious plant pest” means a plant pest that constitutes a significant threat to the public or to the agricultural, forestry or horticultural industry of this State. (Added to NRS by 2003, 532)

NRS 555.23525 “Dealer of nursery stock” defined. “Dealer of nursery stock” means a person who produces, holds, distributes, collects or sells nursery stock, including, without limitation, a retail business, wholesale grower, landscape contractor, landscape maintenance business, b…

NRS 555.23537 “Hold” defined. “Hold” means to have and maintain possession of nursery stock at a temporary or permanent location. (Added to NRS by 2003, 532)

NRS 555.2354 “Infested” defined. “Infested” means contaminated with a pest or so exposed to a pest that contamination can reasonably be expected to exist. (Added to NRS by 2003, 532)

NRS 555.23542 “Inspecting officer” defined. “Inspecting officer” means a person authorized by the Department to inspect nursery stock. (Added to NRS by 2003, 532)

NRS 555.23544 “Inspection certificate” defined. “Inspection certificate” means a document which is issued by an inspecting officer or an appropriate state officer who is authorized to inspect nursery stock and which affirms, declares or verifies that the nursery stock, or the nur…

NRS 555.2355 “License” defined. “License” means a license issued pursuant to NRS 555.235 to 555.249, inclusive, to a licensee to conduct business as a dealer of nursery stock. (Added to NRS by 2003, 533)

NRS 555.23551 “Licensee” defined. “Licensee” means a person licensed under the provisions of NRS 555.235 to 555.249, inclusive. (Added to NRS by 2003, 533)

NRS 555.2356 “Nursery” defined. “Nursery” means any location: 1. Where nursery stock is grown, propagated, held, stored or sold; or 2. From which nursery stock is distributed directly to a customer. (Added to NRS by 2003, 533)

NRS 555.23562 “Nursery stock” defined. “Nursery stock” means a plant for planting, propagation or ornamentation, and includes, without limitation, parts of plants, trees, shrubs, vines, vegetables, bulbs, stolons, tubers, corms, pips, rhizomes, scions, buds and grafts. (Added to …

NRS 555.2357 “Peddler” defined. “Peddler” means any person who sells, solicits or offers for sale nursery stock to a customer but who does not have a nursery located in this State. The term does not include owners or employees of nurseries licensed by another state who wholesale …

NRS 555.23575 “Phytosanitary certificate” defined. “Phytosanitary certificate” means a certificate from an authorized state plant regulatory officer that certifies, affirms, declares or verifies that an article, nursery stock, plant product, shipment or other officially regulated…

NRS 555.23577 “Quarantine pest” defined. “Quarantine pest” means a pest listed by the State Quarantine Officer in a quarantine issued pursuant to chapter 554 of NRS. (Added to NRS by 2003, 533)

NRS 555.2358 “Sell” defined. “Sell” means exchange, offer for sale, expose for sale, have in possession for sale, arrange the sale of, solicit for sale, display or advertise for sale, consign, accept on consignment, or broker the purchase or sale. (Added to NRS by 2003, 533)

NRS 555.236 License required to produce, hold, distribute, collect or sell nursery stock; exceptions; waivers. 1. Except as otherwise provided in this section, a person who engages in the commercial production, holding, distribution, collection or selling of nursery stock must ob…

NRS 555.237 Application for license; transfer of license prohibited; display of license. 1. Any person applying for a license must do so on the application form and in the manner prescribed by the Director. 2. Except as otherwise provided in NRS 555.236, an application for a lice…

NRS 555.238 Schedule of annual fees for licenses. The State Board of Agriculture may establish by regulation a schedule of annual fees for licenses. (Added to NRS by 1959, 564; A 1961, 527; 1983, 1101; 1999, 710, 3598; 2003, 536)

NRS 555.239 Renewal of license; fee. 1. Except as otherwise provided in this section and NRS 555.237, a license expires on June 30 of each year. A licensee must apply for the renewal of his or her nursery license annually on or before July 1. It is unlawful to conduct business wi…

NRS 555.241 Revocation or suspension of or refusal to issue or renew license; notice and hearing. The Director may refuse to issue or renew, or may suspend or revoke, a license for violation of any provision of NRS 555.235 to 555.249, inclusive, or any rule or regulation adopted …

NRS 555.242 Terminal inspection of nursery stock. The Director may order any nursery stock to be held for terminal inspection. (Added to NRS by 1959, 565; A 1961, 528; 1993, 1713; 1999, 3644)

NRS 555.243 Regulations; standards. The Director may adopt such regulations as the Director may deem necessary to: 1. Carry out the intent of NRS 555.235 to 555.249, inclusive. 2. Establish sanitary standards relating to pest conditions of nurseries. 3. Establish mandatory and pe…

NRS 555.244 Inspection of businesses, invoices and applicable certificates. 1. The Director or any inspecting officer may enter any business during regular business hours to ascertain compliance with NRS 555.235 to 555.249, inclusive, and any regulations adopted pursuant thereto.…

NRS 555.245 Certification of pest conditions or quality of nursery stock for shipment; fees. 1. Any person may request the Director to certify to pest conditions, quality, viability or grade of nursery stock intended for shipment to comply with the requirements for plant pests es…

NRS 555.246 Certificates required for shipments of nursery stock; carrier prohibited from delivering nursery stock without appropriate certificate; exemption. 1. Except as otherwise provided in this section, nursery stock that is shipped from other states to points within this St…

NRS 555.247 Labeling of containers of nursery stock; bulk shipments. 1. All nursery stock shipped from other states to points within this State and all nursery stock shipped intrastate must bear a label on or attached to: (a) The outside of the container in which the nursery stoc…

NRS 555.248 Infected or infested nursery stock: Shipment from State; destruction; treatment. Any nursery stock brought into this State which the Director or inspecting officer finds or has reasonable cause to believe to be infested or infected with any pest must be destroyed imme…

NRS 555.2485 Enforcement by Director: Administrative fine; order to correct violation; request for action by district attorney; regulations. 1. The Director shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for …

NRS 555.249 Penalties. Any person violating the provisions of NRS 555.235 to 555.249, inclusive, or the regulations adopted pursuant thereto is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more th…

NRS 555.2605 Definitions. As used in NRS 555.2605 to 555.460, inclusive, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1971, 1252; A 1975, 595; 1997,…

NRS 555.261 “Agent” defined. “Agent” means any person who solicits business on behalf of the holder of a business license. (Added to NRS by 1971, 1252; A 1975, 358; 2017, 344)

NRS 555.2615 “Aircraft” defined. “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air. (Added to NRS by 1971, 1252)

NRS 555.26155 “Applicator” defined. “Applicator” means a natural person, including, without limitation, a natural person who is employed by a city, county, state or other governmental agency, who applies or supervises the application of any pesticide. (Added to NRS by 2017, 342; …

NRS 555.26157 “Authorized commercial applicator” defined. “Authorized commercial applicator” means an applicator who for hire or for profit is licensed to apply or supervise the application of any general-use pesticide and who is authorized to apply or supervise the application o…

NRS 555.2616 “Business license” defined. “Business license” means a license to engage in pest control from a place of business identified on the license, issued by the Department to a natural person or business entity to operate as a pest control business. (Added to NRS by 2017, …

NRS 555.2617 “Certificate” defined. “Certificate” means a certificate of competency issued by the Director to a non-private applicator or private applicator authorizing the applicator to purchase, use or supervise the use of a restricted-use pesticide. (Added to NRS by 1975, 593;…

NRS 555.2619 “Commercial applicator” defined. “Commercial applicator” means an applicator who is licensed to apply or supervise the application of any general-use pesticide for hire or for profit. (Added to NRS by 1975, 593; A 2021, 153)

NRS 555.2625 “Defoliant” defined. “Defoliant” means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission. (Added to NRS by 1971, 1252)

NRS 555.263 “Desiccant” defined. “Desiccant” means any substance or mixture of substances intended to accelerate the drying of plant tissues artificially. (Added to NRS by 1971, 1252)

NRS 555.2634 “Environment” defined. “Environment” includes the water, air, land and all plants and humans and other animals living therein and the interrelationships which exist among these. (Added to NRS by 1975, 593)

NRS 555.264 “Fungi” defined. “Fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living humans or…

NRS 555.2641 “General-use pesticide” defined. “General-use pesticide” means a pesticide that has not been determined to be or classified as a restricted-use pesticide: 1. By the Director; or 2. In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §…

NRS 555.2645 “Ground equipment” defined. “Ground equipment” means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols or fogs, or in other forms. (Added to NRS by 1971, 1252)