NRS586.401. Regulations of Director: General authority; application, distribution and criteria for classification of restricted-use pesticides.

      1.  The Director shall adopt regulations governing the application and distribution of any pesticides which the Director finds must necessarily be applied in pest control but which unless carefully used are likely to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land, other than the pest or vegetation it is intended to prevent, destroy, control or mitigate; or

      (b) Detrimental to:

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety.

      2.  The Director in classifying pesticides as restricted-use pesticides shall determine if:

      (a) They are highly toxic to humans or other animals, including wildlife.

      (b) The regulations governing their application and distribution are reasonably calculated to avoid injury and are necessary for their proper use.

      (c) The benefit received from their use is of greater public value than a detriment to the environment, public health and safety.

      (d) They can be used by permit for purposes other than their registered purposes.

      3.  The Director may adopt such other rules and regulations as are necessary to carry out the provisions of this chapter, including, but not limited to:

      (a) The collection and examination of pesticides.

      (b) The use of certain types of containers or packages for specific pesticides, applicable to construction, strength or size to avoid the danger of spillage, breakage or misuse.

      (c) The safe handling, transportation, storage, display, distribution and disposal of pesticides and their containers.

      (d) The information to be recorded and maintained of the sale, use and distribution of pesticides classified for restricted use.

      (Added to NRS by 1971, 1132; A 1975, 188; 1993, 1779; 1999, 3720)