Nev. Admin. Code § 555.530
In addition to any other penalty, the Director may assess a fine against a person according to the schedule set forth in this section. As used in this section, "authorized," "authorization" or any variation of those terms means the authority of an authorized commercial applicator to use or supervise the use of a restricted-use pesticide as described in subsection 3 of NRS 555.351.
AUTHORIZED OR CERTIFIED PERSONS AND PERSONS WHO ARE NOT AUTHORIZED OR CERTIFIED | APPLICATION OTHER THAN PRIVATE APPLICATION | PRIVATE APPLICATION |
1. Except as otherwise provided in this section, for a violation of NRS 555.2605 to 555.460, inclusive ................................................. | $100 to $1,000 | $100 to $1,000 |
2. For a violation of NRS 555.351: | ||
(a) If it is a nonserious violation ..................... | $100 to $1,000 | $50 to $300 |
(b) If it is a serious violation ........................... | $1,001 to $5,000 | $301 to $1,000 |
3. For a violation of NRS 555.359, if the violation is for: | ||
(a) Knowingly applying ineffective or improper materials................................................ | $300 | $50 |
(b) Applying materials in a manner which is inconsistent with labeling or other restrictions imposed by the Director: | ||
(1) If it is a nonserious violation ................ | $100 to $1,000 | $50 to $300 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $301 to $1,000 |
(c) Operating faulty or unsafe equipment ....... | $100 | $50 |
(d) Applying pesticides in a faulty, careless or negligent manner: (1) If it is a nonserious violation ................ | $100 to $1,000 | $50 to $300 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $301 to $1,000 |
(e) Aiding or abetting an unauthorized or uncertified person to avoid the provisions of NRS 555.351 to 555.357, inclusive ...................... | $100 to $1,000 | $50 to $300 |
(f) If authorized or certified, conspiring with an unauthorized or uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, or allowing his or her license or certificate to be used by an unauthorized or uncertified person ................................................. | $1,001 to $5,000 | $301 to $1,000 |
(g) Fraudulently or deceptively procuring an authorization or certificate............................. | $1,001 to $5,000 | $301 to $1,000 |
(h) Falsifying records or reports ..................... | $250 to $500 | $100 to $250 |
(i) Failing to give adequate instructions or directions to an unauthorized or uncertified person under his or her supervision: | ||
(1) If it is a nonserious violation ................ | $100 to $500 | $50 to $300 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $301 to $1,000 |
4. For a violation of NAC 555.440, if the violation is for: | ||
(a) Failing to exercise reasonable precautions to protect persons, animals, crops or property: | ||
(1) If it is a nonserious violation ................ | $100 to $1,000 | $50 to $300 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $301 to $1,000 |
(b) Disposing of a pesticide or its empty container in a manner that presents a hazard to any person, animal, crop or property or failing to dispose of the pesticide or container in a safe manner or failing to remove or otherwise safeguard empty containers from the workplace .. | $200 to $500 | $100 to $300 |
(c) Failing to provide employees with the required information, precautions and safety equipment: | ||
(1) If it is a nonserious violation ................ | $100 to $1,000 (per item not provided) | $50 to $300 (per item not provided) |
(2) If it is a serious violation ...................... | $1,001 to $5,000 (per item not provided) | $301 to $1,000 (per item not provided) |
(d) Failing to maintain the required safety equipment in good working order......................... | $100 to $1,000 (per item not maintained) | $50 to $300 (per item not maintained) |
(e) Not using materials, dosages, formulas, devices or methods of application, storage and disposal in accordance with the directions on the label of the pesticide or device or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.: | ||
(1) If it is a nonserious violation ................ | $100 to $1,000 | $50 to $300 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $301 to $1,000 |
5. For a violation of NAC 555.510, if the violation is for: | ||
(a) Fumigating without the supervision of a person who is an applicator licensed or certified to perform pest control using lethal fumigants: | ||
(1) If it is a nonserious violation ................ | $100 to $1,000 | $50 to $500 |
(2) If it is a serious violation ...................... | $1,001 to $5,000 | $501 to $5,000 |
(b) Failing to have a complete label and any supplemental labels from the fumigant being used, including, without limitation, any instructions for the use of the fumigant published by the manufacturer of the fumigant and, if required, a copy of the fully developed site-specific fumigation management plan........... | $100 to $500 (per item not provided) | $100 to $300 (per item not provided) |
(c) Failing to have the antidote, if any, and instructions for administering it as prescribed by the manufacturer of the fumigant.......................... | $50 to $300 | $50 to $300 |
6. For a violation of NAC 555.700 or section 14, if the violation is for: | ||
(a) Failing to keep an accurate and legible record of each property treated for 2 years........... | $100 | $50 |
(b) Failing to maintain required information for 2 years ............................................................. | $100 | $50 |
(c) Failing to report within 24 hours any emergency dump or accidental spillage of a pesticide ................................................................ | $100 | $50 |
(d) Failing to report to the Director or his or her designee within 48 hours any case of apparent pesticide poisoning requiring medical treatment ............................................................... | $100 | $50 |
(e) Failing to have contact with an applicator under his or her direct supervision at least once every hour at night and at least once every 2 hours during daylight hours .................................. | $100 | $50 |
LICENSED AND UNLICENSED PERSONS | FIRST OFFENSE | SUBSEQUENT OFFENSE |
7. Except as otherwise provided in this section, for a violation of a provision of NRS 555.2605 to 555.460, inclusive ............................. | $100 to $500 | $301 to $1,000 |
8. For a violation of NRS 555.280................ | $500 | $1,000 |
9. For a violation of NRS 555.285................ | $500 | $1,000 |
10. For failing to supervise adequately an applicator who does not have a license issued by the Director ........................................................... | $500 | $500 |
11. For a violation of NAC 555.290, if the violation is for: | ||
(a) Failing to carry the license issued to him or her by the Director while engaged in pest control or failing to produce the license upon request by the Director or an agricultural police officer | $50 | $50 |
(b) Failing to notify the Director of any change in the status or authority of any primary principal, location principal, principal, operator, demonstration and research specialist or agent or of any change in the information given on the application for the license of the pest control business....................... | $100 | $100 |
(c) Failing to submit a new application and fee if a change in ownership occurs...................... | $500 | $500 |
12. Failing to obtain the permit required pursuant to NAC 555.300 or to provide accurate or complete information on an application for such a permit ......................................................... | $50 | $50 |
13. For a violation of NAC 555.385, if the violation is for failing to provide written notice to the Department of the termination of the employment of a primary principal, principal, location principal, operator, demonstration and research specialist or agent from the pest control business within 15 days after the date on which that termination occurs.... | $100 | $100 |
14. For a violation of NAC 555.400, if the violation is for: | ||
(a) Applying a pesticide in a category of pest control for which he or she is not licensed........... | $500 | $1,000 |
(b) Using a method or equipment for applying a pesticide which is not capable of properly applying materials .................................. | $100 to $500 | $301 to $1000 |
(c) Applying pesticides where climatic, pest or crop conditions are not proper for controlling the pest for which the application is made: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
(d) Failing to keep pest control equipment in good condition ...................................................... | $25 to $100 | $50 to $301 |
(e) Not using devices which are accurately calibrated to the smallest possible unit when measuring concentrated materials ......................... | $25 to $100 | $50 to $301 |
(f) Failing to maintain a uniform mixture ....... | $25 to $100 | $50 to $301 |
(g) Failing to confine in a substantial manner the material applied to the premises where the land, crop, livestock, ornamental, soil or pest which is being treated: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
(h) Failing to clean thoroughly all equipment after use ................................................................. | $50 | $50 |
(i) Failing to store undiluted pesticides in a locked facility, failing to secure a service container to a service vehicle or failing to handle serviceperson's kits with extreme caution or leaving the kits where children or other unauthorized persons might remove the contents: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
15. For a violation of NAC 555.410 or section 11, if the violation is for: | ||
(a) Failing to keep an accurate and legible record of each property treated for 2 years........... | $100 to $500 | $501 to $1,000 |
(b) Failing to record an item of information required for the record .......................................... | $25 to $100 | $50 to $301 |
(c) Failing to report to the Director his or her designee within 48 hours any cases of apparent pesticide poisoning which require medical treatment: | ||
(1) If it is a nonserious violation ................ | $100 | $100 |
(2) If it is a serious violation ...................... | $500 | $500 |
(d) Failing to file the required monthly report on or before the 15th day of the following month .................................................................... | $100 | $100 |
16. For a violation of NAC 555.420, if the violation is for using a material for pest control which is not registered in this State as a pesticide, using any registered pesticide for a purpose other than the purpose for which the pesticide was registered or using a pesticide not registered with the United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.: | ||
(a) If it is a nonserious violation ..................... | $100 to $500 | $501 to $1,000 |
(b) If it is a serious violation ........................... | $500 to $1,000 | $1,001 to $5,000 |
17. For a violation of NRS 555.420, if the violation is for failing to respond to a request for an inspection or other activity specified in that section or to submit to such an inspection or activity .................................................................. | $100 to $1,000 | $100 to $5,000 |
18. For a violation of NAC 555.415............. | $100 to $1,000 | $301 to $1,000 |
19. For a violation of NAC 555.425, if the violation is for: | ||
(a) Failing to display prominently his or her permanent license number and the name of the business on all service vehicles of the business on both sides of such vehicles in letters at least 2 inches in height and in a color which contrasts with the color of the vehicle ................................. | $50 | $100 |
(b) Failing to equip a service vehicle used in the custom application of pesticides with: | ||
(1) Clothing and equipment designed to provide protection against any pesticide carried on or in the vehicle................................................ | $100 | $150 |
(2) Absorbent material capable of absorbing and containing more than 1 gallon of pesticide that has been spilled ............................... | $100 | $150 |
(3) Equipment designed to store safely materials contaminated with pesticide.................. | $100 | $150 |
(4) A sufficient quantity of potable water to wash skin exposed to pesticide......................... | $100 | $100 |
20. For a violation of NAC 555.427, if the violation is for: | ||
(a) Failing to submit the form entitled "Termiticide Pretreatment Notification Form"..... | $301 to $1,000 | $1,001 to $5,000 |
(b) Failing to include each item of information required on the form entitled "Termiticide Pretreatment Notification Form" ..... | $25 to $100 (per item not included) | $50 to $301 (per item not included) |
(c) Failing to apply the termiticide only to sites or in the specific quantities or dosages listed on the label of the termiticide, unless otherwise authorized by the Director .................... | $500 to $1,000 | $1,001 to $5,000 |
(d) Failing, as part of a preconstruction treatment to soil, to apply the termiticide in a manner that establishes a vertical barrier at the exterior of the walls of the foundation or the exterior of the concrete slab, as appropriate, within 30 days after grading and any other disturbance of the soil has been completed.......... | $301 to $1,000 | $1,001 to $5,000 |
21. For a violation of NAC 555.428, if the violation is for: | ||
(a) Falsifying or failing to record legibly and accurately the information required on the tag for preconstruction treatment ................................ | $301 to $1,000 | $1,001 to $5,000 |
(b) Failing to include each item of information required on the tag for preconstruction treatment ..................................... | $50 to $100 (per item not included) | $100 to $301 (per item not included) |
(c) Failing to affix securely a tag for preconstruction treatment at the site of the preconstruction treatment immediately after an application of termiticide ...................................... | $301 to $1,000 | $301 to $1,000 |
22. For a violation of NAC 555.430, if the violation is for: | ||
(a) Failing to write and deliver the required report before starting work on a project or giving an oral or written opinion on a form supplied by the Department or on an electronic form approved by the Department................................. | $100 | $150 |
(b) Failing to file a report with the district or subdistrict within 15 days after the inspection is made ..................................................................... | $100 | $150 |
(c) Failing to include each item of information required in a report............................ | $50 to $500 (per item not included) | $50 to $1,000 (per item not included) |
(d) Failing to keep a copy of each report for at least 3 years after preparation of the report...... | $100 to $500 | $501 to $1,000 |
(e) Failing to apply a termiticide or other pesticide to eradicate wood-destroying pests only to sites or in the specific quantities or dosages listed on the label of the termiticide or other pesticide, unless otherwise authorized by the Director: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
23. For a violation of NAC 555.440, if the violation is for: | ||
(a) Failing to exercise reasonable precautions to protect persons, animals, crops or property: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
(b) Failing to store or dispose of a pesticide or its empty container according to directions on the label and in a manner that does not present a hazard to any person, animal, crop or property or failing to dispose of the pesticide or container in a safe manner or failing to remove or otherwise safeguard empty containers from the workplace.. | $100 to $301 | $301 to $1,000 |
(c) Failing to provide employees with the required information, precautions and safety equipment: | ||
(1) If it is a nonserious violation ................ | $50 to $500 (per item not provided) | $301 to $1,000 (per item not provided) |
(2) If it is a serious violation ...................... | $501 to $5,000 (per item not provided) | $1,001 to $5,000 (per item not provided) |
(d) Failing to keep the required safety equipment in good working order......................... | $50 to $300 (per item not maintained) | $301 to $1,000 (per item not maintained) |
(e) Not using materials, dosages, formulas, devices or methods of application and disposal in accordance with the directions on the label of the pesticide or device or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $5,000 | $1,001 to $5,000 |
(f) Failing to use an accurately calibrated metering device when dispensing a termiticide.... | $100 to $301 | $301 to $1,000 |
24. For a violation of NAC 555.445, if the violation is for: | ||
(a) Failing to attach abbreviated labels to a service container ................................................... | $50 to $100 | $50 to $301 |
(b) Failing to include each item of information required on an abbreviated label....... | $50 to $100 | $50 to $301 |
(c) Failing to carry a complete label or a means of obtaining immediate electronic access to a complete label for each pesticide in the vehicle ................................................................... | $50 to $100 | $50 to $301 |
25. For a violation of NAC 555.460, if the violation is for: | ||
(a) Failing to give notice within a reasonable time before treatment to an owner of any animals known to be on the property to be treated or on property where a material containing a harmful substance is likely to drift ....................................................................... | $100 to $500 | $301 to $1,000 |
(b) Failing to exercise reasonable precautions to prevent access of animals to areas where harmful residues remain ....................................... | $100 to $500 | $301 to $1,000 |
(c) Failing to exercise reasonable precaution to avoid contaminating water containing fish....... | $100 to $500 | $301 to $1,000 |
(d) Failing to place an insecticide or a rodenticide in an area that is inaccessible to children or pets or other domestic animals or in a tamper-resistant bait station unless, in the case of insecticide bait, the insecticide bait is placed as indicated on the label: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $1,000 | $1,001 to $5,000 |
(e) Failing to mark the outside of a bait station with the required information: | ||
(1) If it is a nonserious violation ................ | $25 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $1,000 | $1,001 to $5,000 |
(f) Failing to remove bait stations placed on the property by the pest control business upon termination of the services of the pest control business: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $1,000 | $1,001 to $5,000 |
26. For a violation of NAC 555.470, if the violation is for: | ||
(a) Failing to give notice personally or by telephone or electronic mail to an apiarist within the required time ................................................... | $100 to $500 | $301 to $1,000 |
(b) Failing to give notice of his or her intent to apply specified pesticides to each apiarist within 2 miles of the field to be treated within the required time ................................................... | $100 to $500 | $301 to $1,000 |
(c) Failing to provide each item of information required to be included in the notice ..................................................................... | $100 to $500 | $301 to $1,000 |
27. For a violation of NAC 555.510, if the violation is for: | ||
(a) Fumigating without the supervision of a person who is an applicator properly licensed or certified to perform pest control using lethal fumigants: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $1,000 | $1,001 to $5,000 |
(b) Except as otherwise provided by NAC 555.510, failing to have at least one properly licensed or certified applicator and one person under the supervision of that applicator present during the release of the fumigant or the ventilation process: | ||
(1) If it is a nonserious violation ................ | $50 to $500 | $301 to $1,000 |
(2) If it is a serious violation ...................... | $501 to $1,000 | $1,001 to $5,000 |
(c) Failing to have a complete label and any supplemental labels from the fumigant being used, including, without limitation, any instructions for the use of the fumigant published by the manufacturer of the fumigant, and, if required, a copy of the fully developed site-specific fumigation management plan........... | $50 to $300 (per item not provided) | $501 to $1,000 (per item not provided) |
(d) Failing to have the antidote, if any, and instructions for administering it as prescribed by the manufacturer of the fumigant.......................... | $50 to $300 | $301 to $1,000 |
PERSONS WHO DO NOT HOLD A LICENSE OR CERTIFICATE | FIRST OFFENSE | SUBSEQUENT OFFENSE |
28. For a violation of: | ||
(a) NRS 555.280 or 555.285 by a person who does not hold a license issued by the Director..... | $50 to $1,000 | $1,001 to $5,000 |
(b) NRS 555.351 by a person who does not hold a license as an authorized commercial applicator or certificate issued by the Director... | $50 to $1,000 | $1,001 to $5,000 |
(c) NAC 555.440 by a person who does not hold a license or certificate issued by the Director if the violation is for: | ||
(1) Failing to exercise reasonable precautions to protect persons, animals, crops or property: | ||
(I) If it is a nonserious violation ........... | $50 to $500 | $301 to $1,000 |
(II) If it is a serious violation ................ | $501 to $5,000 | $1,001 to $5,000 |
(2) Disposing of or leaving unattended a pesticide or its empty container where it may present a hazard to any person, animal, crop or property or failing to dispose of the pesticide or container in a safe manner or failing to remove or otherwise safeguard empty containers from the workplace ....................................................... | $100 to $301 $301 to $1,000 | |
(3) Failing to provide employees with the required information, precautions and safety equipment: | ||
(I) If it is a nonserious violation ........... | $50 to $500 $301 to $1,000 (per item not (per item not provided) provided) | |
(II) If it is a serious violation ................ | $501 to $5,000 $1,001 to $5,000 (per item not (per item not provided) provided) | |
(4) Failing to maintain the required safety equipment in good working order........................ | $50 to $300 (per item not maintained) | $301 to $1,000 (per item not maintained) |
(5) Not using materials, dosages, formulas, devices or methods of application and disposal in accordance with the directions on the label of the pesticide or device or the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.: | ||
(I) If it is a nonserious violation ........... | $50 to $500 | $301 to $1,000 |
(II) If it is a serious violation ................ | $501 to $5,000 | $1,001 to $5,000 |
(6) Failing to use an accurately calibrated metering device when dispensing a termiticide... | $100 to $301 | $301 to $1,000 |
Nev. Admin. Code § 555.530
NRS 555.400, 555.470