NRS586.339. Cancellation, refusal or suspension of registration of brand of pesticide.

      1.  Pursuant to NRS 586.335, the Director may, after a hearing, cancel the registration of, or refuse to register, any brand of pesticide if:

      (a) The pesticide has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment.

      (b) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

      (c) There is a reasonably effective and practicable alternate material or procedure to the pesticide which is demonstrably less destructive to the environment.

      (d) The pesticide, when properly used, is detrimental to:

             (1) Vegetation, except weeds;

             (2) Domestic animals; or

             (3) Public health and safety.

      (e) The pesticide is of little or no value for the purpose for which it is intended.

      (f) Any false or misleading statement concerning the pesticide is made or implied by the registrant or an agent of the registrant, orally or in writing, or in the form of any advertising literature.

      2.  In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.

      3.  If the Director has a reason to believe that any of the conditions stated in subsection 1 are applicable to any pesticide the brand of which is registered and that the use or continued use of the pesticide constitutes an immediate substantial danger to persons or to the environment, the Director may, after notice to the registrant, suspend the registration of the brand of pesticide pending a hearing and final decision.

      (Added to NRS by 1971, 1132; A 1993, 1778; 1999, 3719; 2003, 614)