NRS588.164. Regulations: Application and distribution of injurious and detrimental commercial fertilizers and agricultural minerals; classification of restricted-use commercial fertilizers and agricultural minerals; additional authority to carry out chapter.

      1.  The Director shall adopt regulations governing the application and distribution of any commercial fertilizer or agricultural mineral which the Director finds must necessarily be applied as a commercial fertilizer or agricultural mineral but which, unless carefully used, is likely to be:

      (a) Injurious to persons, pollinating insects, bees, animals, crops or land; or

      (b) Detrimental to:

             (1) Vegetation, except weeds;

             (2) Wildlife; or

             (3) Public health and safety.

      2.  The Director in classifying commercial fertilizers and agricultural minerals as restricted-use commercial fertilizers or agricultural minerals shall determine whether:

      (a) The commercial fertilizer or agricultural mineral is highly toxic to humans or other animals, including wildlife;

      (b) The regulations governing the application and distribution of the commercial fertilizer or agricultural mineral are reasonably calculated to avoid injury and are necessary for the proper use of the commercial fertilizer or agricultural mineral;

      (c) The benefit from the use of the commercial fertilizer or agricultural mineral is of greater value to the public than the detriment to the environment or the public health and safety from the use of the commercial fertilizer or agricultural mineral; and

      (d) The commercial fertilizer or agricultural mineral can be used for harmful purposes other than its registered purposes.

      3.  The Director may adopt such other regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations governing:

      (a) The collection and examination of commercial fertilizers and agricultural minerals;

      (b) The types of containers and packages required to be used for specific commercial fertilizers or agricultural minerals, including, without limitation, requirements concerning the construction, strength and size of the containers and packages to avoid the danger of spillage, breakage or misuse;

      (c) The safe handling, transportation, storage, display, distribution and disposal of commercial fertilizers and agricultural minerals and their containers; and

      (d) The information required to be recorded and maintained concerning the sale, use and distribution of restricted-use commercial fertilizers and agricultural minerals.

      (Added to NRS by 2003, 411)