Section 586.400 - Request to include pesticide on list of pesticides allowed for use on medical marijuana; evaluation; requirements; fees1. A pesticide manufacturer or medical marijuana establishment, or a representative thereof, may submit to the Department, on a form prescribed by the Department, a request for the Department to evaluate a pesticide for inclusion on the list of pesticides allowed to be used on medical marijuana described by subsection 7 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550) and, if the Department determines that the pesticide satisfies the requirements of this section and subsection 6 of section 27 of --2-- Adopted Regulation R089-15 Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550), to include the pesticide on the list.2. The Department will evaluate the active ingredients in a pesticide for inclusion on a list of pesticides allowed to be used on medical marijuana pursuant to subsections 6 and 7 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550), if the evaluation is recommended or requested, as appropriate, by: (a) The staff of the Department;(b) The Independent Laboratory Advisory Committee established pursuant to NAC 453A.666; (c) A pesticide manufacturer; or(d) A medical marijuana establishment or a representative thereof.3. The Department will include a pesticide on a list of pesticides allowed to be used on medical marijuana pursuant to subsections 6 and 7 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550), if: (a) The active ingredients in the pesticide satisfy the requirements of paragraph (a) of subsection 6 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550);(b) The active ingredients in the pesticide are registered for use in this State;(c) The pesticide is appropriately labeled for the intended use of the pesticide and satisfies the requirements of paragraphs (b) and (c) of subsection 6 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550);(d) The pesticide satisfies the requirements of chapter 586 of NRS; and(e) The label on the pesticide has been approved by the Environmental Protection Agency.4. The Department will charge the following fees: (a) For evaluating a pesticide requested to be added to the list of pesticides allowed to be used on medical marijuana pursuant to subsections 6 and 7 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550), $75 per hour. (b) For verifying that a pesticide is appropriately labeled for use in a medical marijuana establishment registered pursuant to chapter 453A of NRS, $75 per hour.(c) For participating in an application for registration of a pesticide to meet a special local need pursuant to 7 U.S.C. § 136v(c), $300.5. As used in this section, "medical marijuana establishment" has the meaning ascribed to it in NRS 453A.116.Nev. Admin. Code § 586.400
Added to NAC by Dept of Agriculture by R089-15A, eff. 1/27/2017NRS 561.153, 586.237 and subsections 6 and 7 of section 27 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3104 (NRS 586.550)