Section 555.5207 - Conditions for certain uses of pesticides on nonfood or nonfeed sites; exceptions; modification of conditions1. Except as otherwise provided in this section, for the purposes of registering, labeling, distributing and using a pesticide pursuant to NRS 555.2605 to 555.470, inclusive, and chapter 586 of NRS or any other applicable law or regulation on a nonfood or nonfeed site, the pesticide must meet the following conditions: (a) The owner of any nonfood or nonfeed site must:(1) Provide all the seed screening from the nonfood or nonfeed site to a seed conditioner for disposal in a manner that ensures the seed screening cannot be distributed as food for human consumption or as feed for animals; and(2) Inform the seed conditioner of each pesticide applied to the nonfood or nonfeed site.(b) The seed conditioner must keep records of the disposal of seed screening for not less than 3 years after the date of the disposal. The seed conditioner must provide copies of such records to the Department upon request. Such a record must contain the following information:(1) A verification of any shipment of the seed screening to a site where disposal occurred, including, without limitation, the: (I) Date of the shipment to the disposal site; and(II) Source of the shipment;(2) The name, if any, and location of the site where disposal occurred;(3) The method of disposal, including, without limitation, burial, composting or incineration; and(4) The amount and type of material disposed.(c) Except as otherwise provided in NAC 555.521, the seed conditioner must keep a record of each pesticide which has no established pesticide residue tolerance and which is applied to any seeds produced in this State. Such a record must include, without limitation, the:(1) Date of each application of the pesticide to the seeds produced; and(2) Type of pesticide applied to the seeds produced.(d) If any seed produced in this State uses or is from a field that is treated with a pesticide which has no established pesticide residue tolerance, the owner or producer of such seed must:(1) Not distribute such seed as food for human consumption or as feed for animals; and(2) Except as otherwise provided in NAC 555.521, distribute such seed in a container bearing specific and conspicuous labeling or, if shipped in bulk, bearing specific and conspicuous labeling on the shipment invoice or bill of lading that contains the following statement: This seed was produced using one or more products for which the United States Environmental Protection Agency has not established pesticide residue tolerance. This seed, in whole, as sprouts or in any form, may not be used as food for human consumption or as feed for animals. Failure to comply with this condition may violate requirements of the United States Food and Drug Administration, the Nevada State Department of Agriculture and other regulatory agencies.
(e) Any person who possesses any seed labeled pursuant to subparagraph (2) of paragraph (d), including, without limitation, a broker or dealer, must prepare and maintain a record that includes, without limitation, a copy of the labeling placed on the container, shipment invoice or bill of lading.(f) The owner, producer or any other person must not distribute as food for human consumption or feed for animals any crop grown for seed production at a nonfood or nonfeed site that is treated with a pesticide which has no established pesticide residue tolerance, and any byproduct of such a crop, including, without limitation, green chop, hay, pellets, meal, whole seed, cracked seed, straw, roots, bulbs, foliage or seed screening, and any grazing of the field, stubble or regrowth of such a crop.2. The provisions of subsection 1 do not apply to any crop or byproduct of a crop grown in this State, including, without limitation, a crop grown for seed production at a nonfood or nonfeed site, to which:(a) No pesticide has been applied; or(b) Only pesticides registered and labeled for application to the crop have been applied, if the pesticide residue tolerance has been established for the specific crop and its byproducts.3. The provisions of subparagraph (2) of paragraph (d) of subsection 1 and paragraph (e) of subsection 1 do not apply to any seed that is:(a) Sold or distributed in consumer packets weighing less than 5.0 ounces; and(b) Intended for retail sale or noncommercial use.4. The Department may modify the provisions of paragraph (f) of subsection 1 if: (a) The owner, producer or any other person provides data concerning the pesticide residue; and(b) The Department and the United States Environmental Protection Agency authorize such data and modification.Nev. Admin. Code § 555.5207
Added to NAC by Dep't of Agriculture by R156-16, eff. 12-19-2017