[Rev. 11/21/2013 12:28:15 PM--2013]

CHAPTER 588 - COMMERCIAL FERTILIZERS AND AGRICULTURAL MINERALS

GENERAL PROVISIONS

NRS 588.010           Definitions.

NRS 588.020           “Agricultural minerals” defined.

NRS 588.030           “Auxiliary plant chemicals” defined.

NRS 588.040           “Brand” defined.

NRS 588.050           “Commercial fertilizers” defined.

NRS 588.061           “Department” defined.

NRS 588.065           “Director” defined.

NRS 588.070           “Distributor” defined.

NRS 588.080           “Grade” defined.

NRS 588.090           “Manures” defined.

NRS 588.100           “Official sample” defined.

NRS 588.110           “Percent” and “percentage” defined.

NRS 588.121           “Restricted-use commercial fertilizer or agricultural mineral” defined.

NRS 588.130           “Sell” and “sale” defined.

NRS 588.140           “Soil amendments” defined.

NRS 588.145           “Substance” defined.

NRS 588.150           “Ton” defined.

ADMINISTRATION

NRS 588.160           Director administers chapter.

NRS 588.162           Jurisdiction of Director over distribution, sale and transportation of commercial fertilizers and agricultural minerals.

NRS 588.164           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.

NRS 588.168           Elimination of dangerous, nonbeneficial or misrepresented commercial fertilizers and agricultural minerals; program for evaluation of commercial fertilizers and agricultural minerals.

REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER OR AGRICULTURAL MINERAL

NRS 588.170           Registration of brand and grade: Requirement; fees; provision of copy; expiration.

NRS 588.180           Application: Contents; analysis of commercial fertilizers.

NRS 588.190           Application: Analysis of agricultural minerals.

NRS 588.192           Cancellation, denial or suspension of registration: Grounds.

NRS 588.194           Cancellation or denial of registration: Fraudulent or deceptive practices to evade chapter.

SALE AND DISTRIBUTION

NRS 588.200           Labels or tags: Attachment; statements thereon; bulk distribution.

NRS 588.210           Fees; exemptions; forms for reporting sales.

NRS 588.215           Exemption of fertilizers and minerals not for agricultural purposes.

NRS 588.230           Sampling and analysis: Powers and duties of Director; methods.

NRS 588.240           Assessment and payment of penalties when fertilizer or mineral is short of guaranteed analysis; appeal.

NRS 588.250           Annual determination and publication of values per pound of nitrogen, phosphoric acid and soluble potash.

NRS 588.260           Unlawful distribution of misbranded commercial fertilizer or agricultural mineral.

NRS 588.270           Publication of reports by Director; nondisclosure of information concerning operation of business.

NRS 588.290           Penalty for short weight.

NRS 588.295           Restricted-use commercial fertilizers and agricultural minerals: Registration of seller, distributor or deliverer; fees; records of sales; reports.

NRS 588.297           Restricted-use commercial fertilizers and agricultural minerals: Denial, suspension or revocation of registration.

ENFORCEMENT

NRS 588.320           Seizure of commercial fertilizer or agricultural mineral not in compliance with chapter: Complaint to court; methods of disposal.

NRS 588.330           Violations: Notice; hearing; prosecution; injunctive relief.

NRS 588.340           Applicability.

NRS 588.350           Penalty.

_________

 

GENERAL PROVISIONS

      NRS 588.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 588.020 to 588.150, inclusive, have the meanings ascribed to them in those sections.

      [Part 2:203:1951]—(NRS A 1975, 359; 1977, 187; 1993, 1791; 1999, 3733; 2003, 413)

      NRS 588.020  “Agricultural minerals” defined.  “Agricultural minerals” means substances, mixtures of mineral substances, and mixtures of mineral and organic substances, containing less than 5 percent in available form of nitrogen, phosphorus pentoxide, or potassium oxide, singly, collectively, or in combination, except sand and soil, unless otherwise authorized by the Director.

      [Part 2:203:1951]—(NRS A 1993, 1791; 1999, 3733)

      NRS 588.030  “Auxiliary plant chemicals” defined.  “Auxiliary plant chemicals” means substances such as hormones, auxins, materials for reducing preharvest drop of fruit, materials for promoting rooting of cuttings, bacterial inoculants, and similar products intended to be used for influencing plantlife.

      [Part 2:203:1951]

      NRS 588.040  “Brand” defined.  “Brand” means any and all words, terms, designs or trademarks used in connection with one or several grades of fertilizers or agricultural minerals.

      [Part 2:203:1951]—(NRS A 1963, 36)

      NRS 588.050  “Commercial fertilizers” defined.  “Commercial fertilizers” means substances and mixtures of substances containing 5 percent or more of nitrogen, available phosphoric acid, phosphorus pentoxide, or potassium oxide soluble in distilled water, singly, collectively, or in combination, excepting manures, hays, straws, peat and leaf mold.

      [Part 2:203:1951]

      NRS 588.061  “Department” defined.  “Department” means the State Department of Agriculture.

      (Added to NRS by 1999, 3733)

      NRS 588.065  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 1999, 3733)

      NRS 588.070  “Distributor” defined.  “Distributor” means any person who offers for sale, sells, barters or otherwise supplies commercial fertilizers or agricultural minerals.

      [Part 2:203:1951]

      NRS 588.080  “Grade” defined.

      1.  As related to fertilizers, “grade” means the minimum percentage of total nitrogen, available phosphorus or phosphoric acid and soluble potassium or soluble potash stated in the order given in this subsection and, when applied to mixed fertilizers, shall be in whole numbers only.

      2.  As related to agricultural minerals, “grade” means the minimum percentage of guaranteed analysis determined as provided in NRS 588.190.

      [Part 2:203:1951]—(NRS A 1963, 36)

      NRS 588.090  “Manures” defined.  “Manures” means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary or feeding purposes for animals or fowls or for the preservation of manure.

      [Part 2:203:1951]

      NRS 588.100  “Official sample” defined.  “Official sample” means any sample of commercial fertilizer or agricultural mineral taken by the Director or his or her agent according to the methods prescribed by the Director.

      [Part 2:203:1951]—(NRS A 1993, 1791; 1999, 3733)

      NRS 588.110  “Percent” and “percentage” defined.  “Percent” or “percentage” means the percentage by weight.

      [Part 2:203:1951]

      NRS 588.121  “Restricted-use commercial fertilizer or agricultural mineral” defined.  “Restricted-use commercial fertilizer or agricultural mineral” means a commercial fertilizer or agricultural mineral classified for restricted use pursuant to NRS 588.164.

      (Added to NRS by 2003, 410)

      NRS 588.130  “Sell” and “sale” defined.  “Sell” or “sale” includes exchange.

      [Part 2:203:1951]

      NRS 588.140  “Soil amendments” defined.  “Soil amendments” means all substances except those included within NRS 588.020, 588.030, 588.050 and 588.090, and includes hays, straws, peat, leaf mold, sand and soil.

      [Part 2:203:1951]

      NRS 588.145  “Substance” defined.  “Substance” means any material or mixture of materials which is intended to be used to promote or stimulate the growth of plants, to increase the productiveness of plants, to improve the quality of crops or to produce any chemical or physical change in the soil.

      (Added to NRS by 1975, 359)

      NRS 588.150  “Ton” defined.  “Ton” means a net ton of 2,000 pounds avoirdupois.

      [Part 2:203:1951]

ADMINISTRATION

      NRS 588.160  Director administers chapter.  The provisions of this chapter must be administered by the Director.

      [Part 1:203:1951]—(NRS A 1961, 576; 1993, 1791; 1999, 3733)

      NRS 588.162  Jurisdiction of Director over distribution, sale and transportation of commercial fertilizers and agricultural minerals.  The Director has jurisdiction in all matters pertaining to the distribution, sale and transportation of commercial fertilizers and agricultural minerals pursuant to this chapter.

      (Added to NRS by 2003, 410)

      NRS 588.164  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)

      NRS 588.168  Elimination of dangerous, nonbeneficial or misrepresented commercial fertilizers and agricultural minerals; program for evaluation of commercial fertilizers and agricultural minerals.  The Director shall:

      1.  Eliminate from use in this state any commercial fertilizer or agricultural mineral that the Director finds:

      (a) Endangers the agricultural or nonagricultural environment;

      (b) Is not beneficial for the purposes for which it is sold; or

      (c) Is misrepresented.

      2.  In carrying out the duties set forth in subsection 1, develop a program for the continual evaluation of all commercial fertilizers and agricultural minerals the brands and grades of which have been registered pursuant to NRS 588.170.

      (Added to NRS by 2003, 410)

REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER OR AGRICULTURAL MINERAL

      NRS 588.170  Registration of brand and grade: Requirement; fees; provision of copy; expiration.

      1.  Each brand and grade of commercial fertilizer or agricultural mineral must be registered with the Department before being offered for sale, sold or distributed in this state.

      2.  An application for registration must be submitted to the Director on a form furnished by the Director, and, except as otherwise provided in subsection 3, must be accompanied by a registration fee in an amount to be fixed annually by the Director for each combined registration of brand and grade.

      3.  A person who offers a commercial fertilizer or agricultural mineral for sale before registering the brand and grade of the commercial fertilizer or agricultural mineral shall pay an amount equal to twice the otherwise applicable registration fee for registering the brand and grade of the commercial fertilizer or agricultural mineral.

      4.  Upon approval by the Director, a copy of the registration must be furnished to the applicant.

      5.  All registrations expire on June 30 of each year.

      [Part 3:203:1951]—(NRS A 1961, 576; 1963, 36; 1977, 261; 1983, 405; 1993, 1791; 1999, 3601, 3733; 2003, 413)

      NRS 588.180  Application: Contents; analysis of commercial fertilizers.

      1.  The application must include the following information in the following order:

      (a) The name and address of the person guaranteeing the registration.

      (b) The brand and grade.

      (c) The guaranteed analysis showing the minimum percentage and source of plant food claimed in the following order and form:

 

Total nitrogen: Percentage ........, source ........

Available phosphoric acid: Percentage ........, source ......

Soluble potash: Percentage ........, source ........

 

      2.  Fertilizer materials containing only one plant food element and recognized by their chemical names are not required to be guaranteed for the plant food element contained therein.

      3.  Unacidulated mineral phosphatic materials and basic slag must be guaranteed as to both total and available phosphoric acid, and the degree of fineness.

      4.  In the case of bone, tankage and other natural organic phosphate materials, only the total phosphoric acid is required to be guaranteed.

      5.  Additional plant food elements, determined by chemical methods, may be guaranteed only by permission of the Director. If any of those additional plant foods are claimed, they must be included in the guarantee, and are subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the Director.

      6.  The Director may permit or require the potential basicity or acidity, expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton, to be registered and guaranteed.

      [Part 3:203:1951]—(NRS A 1961, 576; 1963, 37; 1975, 360; 1993, 1791; 1999, 3734)

      NRS 588.190  Application: Analysis of agricultural minerals.  The guaranteed analysis of agricultural minerals must be stated as follows:

      1.  Limestone, limerock, chalk, dolomite, dolomitic limestone, marl, oystershell, shells and every other agricultural mineral, the principal constituent of which is calcium carbonate, the percentage of calcium carbonate therein.

      2.  Burnt lime, quicklime, and every agricultural mineral, the principal constituent of which is calcium oxide, the percentage of calcium oxide therein.

      3.  Hydrated lime, slacked lime, and every agricultural mineral, the principal constituent of which is calcium hydroxide, the percentage of calcium hydroxide therein.

      4.  By-products in the manufacture of sugar or acetylene and every other agricultural mineral obtained as a by-product, the principal constituent of which is a compound of calcium, the neutralizing powers expressed as calcium carbonate equivalent.

      5.  Gypsum, land plaster, plaster, and every agricultural mineral, the principal constituent of which is calcium sulfate, the percentage of calcium sulfate dihydrate (CaSO4-2H2O) therein.

      6.  Sulfur, brimstone, and every agricultural mineral, the principal ingredient of which is elemental sulfur, the percentage of elemental sulfur therein.

      7.  In the case of any agricultural mineral not specifically mentioned herein, the percentage of all constituents claimed to be therein in terms or equivalent as prescribed by the Director.

      8.  In the case of any mixture of two or more agricultural minerals, the percentage of each principal constituent as prescribed in this section.

      [Part 3:203:1951]—(NRS A 1961, 577; 1975, 360; 1993, 1792; 1999, 3734)

      NRS 588.192  Cancellation, denial or suspension of registration: Grounds.

      1.  The Director may, after a hearing, cancel the registration of, or refuse to register, the brand and grade of any commercial fertilizer or agricultural mineral if the Director finds that:

      (a) The commercial fertilizer or agricultural mineral has demonstrated serious uncontrollable adverse effects within or outside the agricultural environment;

      (b) The use of the commercial fertilizer or agricultural mineral is of less value to the public or greater detriment to the environment than the benefit received by its use;

      (c) There is a reasonably effective and practicable alternate material which is demonstrably less destructive to the environment;

      (d) The commercial fertilizer or agricultural mineral, if properly used, is detrimental to:

             (1) Vegetation, except weeds;

             (2) Domestic animals; or

             (3) Public health and safety;

      (e) The commercial fertilizer or agricultural mineral is of little or no value for the purpose for which it is intended; or

      (f) Any false or misleading statement concerning the commercial fertilizer or agricultural mineral has been made or implied by the registrant or an agent of the registrant, or by the applicant for registration, orally or in writing, or in the form of any advertising.

      2.  In making any such determination, the Director may require such practical demonstrations as are necessary to determine the facts.

      3.  If the Director has reason to believe that any of the findings described in subsection 1 are applicable to any commercial fertilizer or agricultural mineral the brand and grade of which is registered and that the use or continued use of the commercial fertilizer or agricultural mineral constitutes an immediate substantial danger to any person or the environment, the Director may, after notice to the registrant, suspend the registration of the brand and grade of the commercial fertilizer or agricultural mineral pending a hearing and final decision.

      (Added to NRS by 2003, 410)

      NRS 588.194  Cancellation or denial of registration: Fraudulent or deceptive practices to evade chapter.  The Director may cancel the registration of any brand of commercial fertilizer or agricultural mineral or refuse to register any brand of commercial fertilizer or agricultural mineral, as provided in this chapter, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this chapter or any rules and regulations adopted pursuant thereto, but no registration may be revoked or refused until the registrant has been given the opportunity to appear at a hearing held by the Director.

      [14:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)—(Substituted in revision for NRS 588.300)

SALE AND DISTRIBUTION

      NRS 588.200  Labels or tags: Attachment; statements thereon; bulk distribution.

      1.  Any commercial fertilizer or agricultural mineral offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed or affixed to the container in written or printed form the net weight and the information required by paragraphs (a), (b) and (c) of subsection 1 of NRS 588.180 or subsection 4 of NRS 588.190 either:

      (a) On tags affixed to the end of the package between the ears or on the sewed end; or

      (b) Directly on the package, in which case, for bags containing 50 pounds or more, the grade shall appear also on the end of the package in type that is plainly legible.

      2.  If distributed in bulk, a written or printed statement of the weight and the information required by paragraphs (a), (b) and (c) of subsection 1 of NRS 588.180 or subsection 4 of NRS 588.190 shall accompany delivery and be supplied to the purchaser.

      [4:203:1951]

      NRS 588.210  Fees; exemptions; forms for reporting sales.

      1.  There must be paid to the Department for all commercial fertilizers offered for sale, sold or distributed in this state a fee established by regulation of the State Board of Agriculture for each ton sold, but sales to manufacturers or exchanges between them are exempt.

      2.  There must be paid to the Department for all agricultural minerals offered for sale, sold or distributed in this state a fee established by regulation of the State Board of Agriculture. The regulations must specify the amount of the fee for each ton of agricultural minerals that is sold in packages and the amount of the fee for each ton of those minerals that is sold in bulk, but sales to manufacturers or exchanges between them are exempt.

      3.  The Department shall prepare suitable forms for reporting sales and, on request, shall furnish the forms without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals.

      [5:203:1951]—(NRS A 1961, 578; 1971, 119; 1977, 261; 1993, 1793; 1999, 3601, 3735)

      NRS 588.215  Exemption of fertilizers and minerals not for agricultural purposes.  Those commercial fertilizers and agricultural minerals not used for agricultural purposes are exempt from the license fee and reporting requirements of NRS 588.210.

      (Added to NRS by 1971, 119)

      NRS 588.230  Sampling and analysis: Powers and duties of Director; methods.

      1.  The Director, who may act through an authorized agent, shall sample, inspect, make analyses of and test commercial fertilizers and agricultural minerals distributed within this state at such time and place and to such an extent as the Director may deem necessary to determine whether those commercial fertilizers and agricultural minerals are in compliance with the provisions of this chapter. The Director or the agent may enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers and agricultural minerals subject to the provisions of this chapter and the rules and regulations adopted pursuant thereto.

      2.  The methods of analysis must be those adopted by the Director from sources such as those of the Association of Official Agricultural Chemists.

      3.  The Director, in determining for administrative purposes whether any commercial fertilizer or agricultural mineral is deficient in plant food, must be guided solely by the official sample as defined in NRS 588.100, and obtained and analyzed as provided for in subsection 2 of this section.

      4.  The results of official analysis of any commercial fertilizer or agricultural mineral which has been found to be subject to penalty or other legal action must be forwarded by the Director to the registrant at least 10 days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the Director, the report becomes official.

      5.  Upon request, the Director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

      [7:203:1951]—(NRS A 1961, 578; 1993, 1793; 1999, 3735)

      NRS 588.240  Assessment and payment of penalties when fertilizer or mineral is short of guaranteed analysis; appeal.

      1.  If the analysis shows that any commercial fertilizer or agricultural mineral falls short of the guaranteed analysis in any one ingredient, a penalty must be assessed in accordance with the following provisions:

      (a) Total nitrogen: A penalty of 3 times the value of the deficiency, if the deficiency is in excess of 0.020 of 1 percent on goods that are guaranteed 2 percent; 0.25 of 1 percent on goods that are guaranteed 3 percent; 0.35 of 1 percent on goods that are guaranteed 4 percent; 0.40 of 1 percent on goods that are guaranteed 5 percent up to and including 8 percent; 0.50 of 1 percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of 1 percent on goods guaranteed over 30 percent.

      (b) Available phosphoric acid: A penalty of 3 times the value of the deficiency, if the deficiency exceeds 0.40 of 1 percent on goods that are guaranteed up to and including 10 percent; 0.50 of 1 percent on goods that are guaranteed above 10 percent up to and including 25 percent; and 0.75 of 1 percent on goods guaranteed over 25 percent.

      (c) Soluble potash: A penalty of 3 times the value of the deficiency, if the deficiency is in excess of 0.20 of 1 percent on goods that are guaranteed 2 percent; 0.30 of 1 percent on goods that are guaranteed 3 percent; 0.40 of 1 percent on goods that are guaranteed 4 percent; 0.50 of 1 percent on goods guaranteed above 4 percent up to and including 8 percent; 0.60 of 1 percent on goods guaranteed above 8 percent up to and including 20 percent; and 1 percent on goods guaranteed over 20 percent.

      (d) Deficiencies in any other constituent or constituents covered under NRS 588.190 which the registrant is required to or may guarantee must be evaluated by the Director and penalties therefor must be prescribed by the Director.

      2.  The provisions of this section do not prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of the penalties.

      3.  All penalties assessed under this section must be paid to the consumer of the lot of commercial fertilizer or agricultural mineral represented by the sample analyzed within 3 months after the date of the notice from the Director to the registrant, and a receipt taken therefor and promptly forwarded to the Director. If the consumer cannot be found, the amount of the penalty must be paid to the Department.

      [8:203:1951]—(NRS A 1960, 33; 1961, 578; 1993, 1793; 1999, 3736)

      NRS 588.250  Annual determination and publication of values per pound of nitrogen, phosphoric acid and soluble potash.  To determine the commercial values to be applied under the provisions of NRS 588.240, the Director shall determine and publish annually the values per pound of nitrogen, phosphoric acid, and soluble potash in commercial fertilizers or agricultural minerals in this state. The values determined and published must be used in determining and assessing penalties.

      [9:203:1951]—(NRS A 1961, 579; 1993, 1794; 1999, 3737)

      NRS 588.260  Unlawful distribution of misbranded commercial fertilizer or agricultural mineral.

      1.  A commercial fertilizer or agricultural mineral is misbranded if it carries any false or misleading statement upon or attached to the container or in any advertising matter accompanying or associated with the commercial fertilizer or agricultural mineral.

      2.  A commercial fertilizer is misbranded if it carries upon or attached to the container any numerical designation or design as part of the grade other than that referring to nitrogen, available phosphorus or phosphoric acid or soluble potassium or soluble potash.

      3.  It shall be unlawful to sell, offer to sell or distribute a misbranded commercial fertilizer or agricultural mineral.

      [10:203:1951]—(NRS A 1975, 361)

      NRS 588.270  Publication of reports by Director; nondisclosure of information concerning operation of business.

      1.  At least annually, the Director shall publish, in such form as the Director may deem proper:

      (a) Information concerning the sales of commercial fertilizers and agricultural minerals, together with such data on their production and use as the Director may consider advisable.

      (b) A report of the results of the analyses based on official samples of commercial fertilizers or agricultural minerals sold within the State as compared with the analyses guaranteed under NRS 588.170 to 588.200, inclusive.

      2.  The information concerning production and use of commercial fertilizers or agricultural minerals must be shown separately for the periods from July 1 to December 31 and from January 1 to June 30 of each year.

      3.  No disclosure may be made of the operations of any person.

      [11:203:1951]—(NRS A 1961, 579; 1993, 1794; 1999, 3737)

      NRS 588.290  Penalty for short weight.  If any commercial fertilizer or agricultural mineral in the possession of the consumer is found by the Director to be short in weight, the registrant of the commercial fertilizer or agricultural mineral shall, within 30 days after notice from the Director, pay to the consumer a penalty equal to 4 times the value of the actual shortage.

      [13:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)

      NRS 588.295  Restricted-use commercial fertilizers and agricultural minerals: Registration of seller, distributor or deliverer; fees; records of sales; reports.

      1.  It is unlawful for any person to sell or offer to sell at retail, or to distribute or deliver for transportation for delivery to the consumer or user, a restricted-use commercial fertilizer or agricultural mineral unless the person is registered with the Director.

      2.  Each person applying for registration must provide the Director with a registration statement that includes:

      (a) The name and address of the person registering; and

      (b) The name and address of any person who, on behalf of the person registering, sells, offers to sell, distributes or delivers for transportation a restricted-use commercial fertilizer or agricultural mineral.

      3.  All such registrations expire on December 31 of each year and are renewable annually.

      4.  Each person registering with the Director must pay:

      (a) An annual registration fee established by regulation of the State Board of Agriculture; and

      (b) A penalty fee established by regulation of the State Board of Agriculture if the person failed to renew the person’s previous registration on or before February 1 next following its expiration, unless the registration is accompanied by a signed statement that no person named on the registration statement has sold or distributed any restricted-use commercial fertilizer or agricultural mineral during the period the registration was not in effect.

      5.  Each person registered pursuant to this section shall maintain for at least 2 years a record of all sales of restricted-use commercial fertilizers or agricultural minerals showing:

      (a) The date of sale or delivery of the restricted-use commercial fertilizer or agricultural mineral;

      (b) The name and address of the person to whom the restricted-use commercial fertilizer or agricultural mineral was sold or delivered;

      (c) The brand name of the restricted-use commercial fertilizer or agricultural mineral sold or delivered;

      (d) The amount of the restricted-use commercial fertilizer or agricultural mineral sold or delivered; and

      (e) Such other information as may be required by the Director.

      6.  Each person registered pursuant to this section shall, on or before the date specified for each reporting period established pursuant to subsection 7, file a report with the Director specifying the restricted-use commercial fertilizers or agricultural minerals that the person sold during the reporting period. The Director shall provide the form for the report. The report must be filed regardless of whether the person sold any commercial fertilizers or agricultural minerals during the reporting period.

      7.  The Director shall adopt regulations establishing reporting periods and dates for filing reports pursuant to subsection 6.

      (Added to NRS by 2003, 412)

      NRS 588.297  Restricted-use commercial fertilizers and agricultural minerals: Denial, suspension or revocation of registration.  The Director may refuse to grant or renew a registration pursuant to NRS 588.295 or may suspend or revoke the registration if, after notice and a hearing, the Director finds that:

      1.  The person registered has, without reasonable cause, failed to record information as required by NRS 588.295 or a regulation adopted by the Director;

      2.  The person registered has made a false entry in a required record; or

      3.  The applicant for registration has made a sale or delivery of a restricted-use commercial fertilizer or agricultural mineral without registering with the Director.

      (Added to NRS by 2003, 413)

ENFORCEMENT

      NRS 588.320  Seizure of commercial fertilizer or agricultural mineral not in compliance with chapter: Complaint to court; methods of disposal.

      1.  Any lot of commercial fertilizer or agricultural mineral not in compliance with the provisions of this chapter is subject to seizure upon the complaint of the Director to a court of competent jurisdiction in the area in which the commercial fertilizer or agricultural mineral is located.

      2.  If the court finds that the commercial fertilizer or agricultural mineral does not comply with the provisions of this chapter and orders the condemnation of the commercial fertilizer or agricultural mineral, it must be disposed of in any manner consistent with the quality of the commercial fertilizer or agricultural mineral and the laws of this state.

      3.  In no instance may the disposition of the commercial fertilizer or agricultural mineral be ordered by the court without giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or agricultural mineral, or for permission to process or relabel the commercial fertilizer or agricultural mineral, to bring it into compliance with the provisions of this chapter.

      [16:203:1951]—(NRS A 1961, 580; 1993, 1795; 1999, 3737)

      NRS 588.330  Violations: Notice; hearing; prosecution; injunctive relief.

      1.  If it appears from the examination of any commercial fertilizer or agricultural mineral that any of the provisions of this chapter or the rules and regulations adopted pursuant thereto have been violated, the Director shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified must be given an opportunity to be heard under such rules and regulations as may be prescribed by the Director. If it appears after the hearing, in the presence or absence of the person so notified, that any of the provisions of this chapter or the rules and regulations adopted pursuant thereto have been violated, the Director may certify the facts to the proper district attorney.

      2.  The provisions of this chapter do not require the Director or a representative of the Director to report for prosecution, or for the institution of seizure proceedings, minor violations of this chapter if he or she believes that the public interest will be best served by a suitable notice of warning in writing.

      3.  Each district attorney to whom any violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

      4.  The Director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation adopted pursuant to this chapter notwithstanding the existence of other remedies at law. The injunction must be issued without bond.

      [17:203:1951]—(NRS A 1961, 581; 1993, 1795; 1999, 3738)

      NRS 588.340  Applicability.  Nothing in this chapter shall be construed:

      1.  To restrict or avoid sales or exchanges of commercial fertilizers or agricultural minerals to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale; or

      2.  As preventing the free and unrestricted shipment of commercial fertilizers or agricultural minerals to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.

      [18:203:1951]

      NRS 588.350  Penalty.  Any person violating any provisions of this chapter shall be guilty of a misdemeanor.

      [20:203:1951]