NRS 588.164 Regulations:Application and distribution of injurious and detrimental commercialfertilizers and agricultural minerals; classification of restricted-usecommercial fertilizers and agricultural minerals; additional authority to carryout chapter.

NRS 588.168 Eliminationof dangerous, nonbeneficial or misrepresented commercial fertilizers andagricultural minerals; program for evaluation of commercial fertilizers andagricultural minerals.

REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER ORAGRICULTURAL MINERAL

NRS 588.170 Registrationof 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 Cancellationor denial of registration: Fraudulent or deceptive practices to evade chapter.

SALE AND DISTRIBUTION

NRS 588.200 Labelsor tags: Attachment; statements thereon; bulk distribution.

NRS 588.210 Fees;exemptions; forms for reporting sales.

NRS 588.215 Exemptionof fertilizers and minerals not for agricultural purposes.

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

NRS 588.240 Assessmentand payment of penalties when fertilizer or mineral is short of guaranteedanalysis; appeal.

NRS 588.250 Annualdetermination and publication of values per pound of nitrogen, phosphoric acidand soluble potash.

NRS 588.260 Unlawfuldistribution of misbranded commercial fertilizer or agricultural mineral.

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

NRS 588.290 Penaltyfor short weight.

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

NRS 588.297 Restricted-usecommercial fertilizers and agricultural minerals: Denial, suspension orrevocation of registration.

ENFORCEMENT

NRS 588.320 Seizureof commercial fertilizer or agricultural mineral not in compliance withchapter: 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 otherwiserequires, the words and terms defined in NRS588.020 to 588.150, inclusive, havethe 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 Agriculturalminerals defined. Agricultural mineralsmeans substances, mixtures of mineral substances, and mixtures of mineral and organicsubstances, containing less than 5 percent in available form of nitrogen, phosphoruspentoxide, or potassium oxide, singly, collectively, or in combination, exceptsand and soil, unless otherwise authorized by the Director.

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

NRS 588.030 Auxiliaryplant chemicals defined. Auxiliary plantchemicals means substances such as hormones, auxins, materials for reducing preharvestdrop 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 Branddefined. Brand means any and all words,terms, designs or trademarks used in connection with one or several grades offertilizers or agricultural minerals.

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

NRS 588.050 Commercialfertilizers defined. Commercial fertilizersmeans substances and mixtures of substances containing 5 percent or more ofnitrogen, available phosphoric acid, phosphorus pentoxide, or potassium oxide solublein distilled water, singly, collectively, or in combination, excepting manures,hays, straws, peat and leaf mold.

[Part 2:203:1951]

NRS 588.061 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 1999, 3733)

NRS 588.065 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1999, 3733)

NRS 588.070 Distributordefined. Distributor means any person whooffers for sale, sells, barters or otherwise supplies commercial fertilizers oragricultural minerals.

[Part 2:203:1951]

NRS 588.080 Gradedefined.

1. As related to fertilizers, grade means theminimum percentage of total nitrogen, available phosphorus or phosphoric acidand soluble potassium or soluble potash stated in the order given in thissubsection and, when applied to mixed fertilizers, shall be in whole numbersonly.

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

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

NRS 588.090 Manuresdefined. Manures means the excreta of domesticanimals or domestic fowls when not artificially mixed with any material or materialsother than those which have been used for bedding, sanitary or feeding purposesfor animals or fowls or for the preservation of manure.

[Part 2:203:1951]

NRS 588.100 Officialsample defined. Official sample means anysample of commercial fertilizer or agricultural mineral taken by the Directoror his agent according to the methods prescribed by the Director.

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

NRS 588.110 Percentand percentage defined. Percent or percentagemeans the percentage by weight.

[Part 2:203:1951]

NRS 588.121 Restricted-usecommercial fertilizer or agricultural mineral defined. Restricted-use commercial fertilizer or agriculturalmineral means a commercial fertilizer or agricultural mineral classified forrestricted use pursuant to NRS 588.164.

(Added to NRS by 2003, 410)

NRS 588.130 Selland sale defined. Sell or sale includesexchange.

[Part 2:203:1951]

NRS 588.140 Soilamendments defined. Soil amendments meansall substances except those included within NRS588.020, 588.030, 588.050 and 588.090, and includes hays, straws, peat,leaf mold, sand and soil.

[Part 2:203:1951]

NRS 588.145 Substancedefined. Substance means any material ormixture of materials which is intended to be used to promote or stimulate thegrowth of plants, to increase the productiveness of plants, to improve thequality of crops or to produce any chemical or physical change in the soil.

(Added to NRS by 1975, 359)

NRS 588.150 Tondefined. Ton means a net ton of 2,000 poundsavoirdupois.

[Part 2:203:1951]

ADMINISTRATION

NRS 588.160 Directoradministers chapter. The provisions of thischapter must be administered by the Director.

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

NRS 588.162 Jurisdictionof Director over distribution, sale and transportation of commercialfertilizers and agricultural minerals. TheDirector has jurisdiction in all matters pertaining to the distribution, saleand transportation of commercial fertilizers and agricultural minerals pursuantto this chapter.

(Added to NRS by 2003, 410)

1. The Director shall adopt regulations governing theapplication and distribution of any commercial fertilizer or agriculturalmineral which he finds must necessarily be applied as a commercial fertilizeror 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 fertilizersand agricultural minerals as restricted-use commercial fertilizers oragricultural minerals shall determine whether:

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

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

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

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

3. The Director may adopt such other regulations asare necessary to carry out the provisions of this chapter, including, withoutlimitation, regulations governing:

(a) The collection and examination of commercialfertilizers and agricultural minerals;

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

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

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

(Added to NRS by 2003, 411)

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

1. Eliminate from use in this state any commercialfertilizer or agricultural mineral that he finds:

(a) Endangers the agricultural or nonagriculturalenvironment;

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

2. In carrying out his duties pursuant to subsection1, develop a program for the continual evaluation of all commercial fertilizersand agricultural minerals the brands and grades of which have been registeredpursuant to NRS 588.170.

(Added to NRS by 2003, 410)

REGISTRATION OF BRAND OR GRADE OF COMMERCIAL FERTILIZER ORAGRICULTURAL MINERAL

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

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

2. An application for registration must be submittedto the Director on a form furnished by him, and, except as otherwise providedin subsection 3, must be accompanied by a registration fee in an amount to befixed annually by the Director for each combined registration of brand andgrade.

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

4. Upon approval by the Director, a copy of theregistration 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 followinginformation in the following order:

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

(b) The brand and grade.

(c) The guaranteed analysis showing the minimumpercentage 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 foodelement and recognized by their chemical names are not required to beguaranteed for the plant food element contained therein.

3. Unacidulated mineral phosphatic materials and basicslag must be guaranteed as to both total and available phosphoric acid, and thedegree of fineness.

4. In the case of bone, tankage and other naturalorganic phosphate materials, only the total phosphoric acid is required to beguaranteed.

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

6. The Director may permit or require the potentialbasicity or acidity, expressed in terms of calcium carbonate equivalent inmultiples 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 guaranteedanalysis of agricultural minerals must be stated as follows:

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

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

3. Hydrated lime, slacked lime, and every agriculturalmineral, the principal constituent of which is calcium hydroxide, thepercentage of calcium hydroxide therein.

4. By-products in the manufacture of sugar oracetylene and every other agricultural mineral obtained as a by-product, theprincipal constituent of which is a compound of calcium, the neutralizingpowers expressed as calcium carbonate equivalent.

5. Gypsum, land plaster, plaster, and everyagricultural 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 ofelemental sulfur therein.

7. In the case of any agricultural mineral notspecifically mentioned herein, the percentage of all constituents claimed to betherein in terms or equivalent as prescribed by the Director.

8. In the case of any mixture of two or moreagricultural minerals, the percentage of each principal constituent asprescribed 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 theregistration of, or refuse to register, the brand and grade of any commercialfertilizer or agricultural mineral if he finds that:

(a) The commercial fertilizer or agricultural mineralhas demonstrated serious uncontrollable adverse effects within or outside theagricultural environment;

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

(c) There is a reasonably effective and practicablealternate 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 mineralis of little or no value for the purpose for which it is intended; or

(f) Any false or misleading statement concerning thecommercial fertilizer or agricultural mineral has been made or implied by theregistrant or his agent, or by the applicant for registration, orally or inwriting, or in the form of any advertising.

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

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

(Added to NRS by 2003, 410)

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

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

SALE AND DISTRIBUTION

NRS 588.200 Labelsor tags: Attachment; statements thereon; bulk distribution.

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

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

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

2. If distributed in bulk, a written or printedstatement of the weight and the information required by paragraphs (a), (b) and(c) of subsection 1 of NRS 588.180 orsubsection 4 of NRS 588.190 shallaccompany 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 commercialfertilizers offered for sale, sold or distributed in this state a feeestablished 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 allagricultural minerals offered for sale, sold or distributed in this state a feeestablished by regulation of the State Board of Agriculture. The regulationsmust specify the amount of the fee for each ton of agricultural minerals thatis sold in packages and the amount of the fee for each ton of those mineralsthat is sold in bulk, but sales to manufacturers or exchanges between them areexempt.

3. The Department shall prepare suitable forms forreporting sales and, on request, shall furnish the forms without cost to allpersons dealing in registered brands of commercial fertilizers or agriculturalminerals.

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

NRS 588.215 Exemptionof fertilizers and minerals not for agricultural purposes. Those commercial fertilizers and agricultural minerals notused for agricultural purposes are exempt from the license fee and reportingrequirements of NRS 588.210.

(Added to NRS by 1971, 119)

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

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

2. The methods of analysis must be those adopted bythe Director from sources such as those of the Association of OfficialAgricultural Chemists.

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

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

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

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

NRS 588.240 Assessmentand payment of penalties when fertilizer or mineral is short of guaranteedanalysis; appeal.

1. If the analysis shows that any commercialfertilizer or agricultural mineral falls short of the guaranteed analysis inany one ingredient, a penalty must be assessed in accordance with the followingprovisions:

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

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

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

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

2. The provisions of this section do not prevent anyperson from appealing to a court of competent jurisdiction praying for judgmentas to the justification of the penalties.

3. All penalties assessed under this section must bepaid to the consumer of the lot of commercial fertilizer or agriculturalmineral represented by the sample analyzed within 3 months after the date ofthe notice from the Director to the registrant, and a receipt taken thereforand promptly forwarded to the Director. If the consumer cannot be found, theamount 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 Annualdetermination and publication of values per pound of nitrogen, phosphoric acidand soluble potash. To determine thecommercial values to be applied under the provisions of NRS 588.240, the Director shall determineand publish annually the values per pound of nitrogen, phosphoric acid, andsoluble potash in commercial fertilizers or agricultural minerals in thisstate. The values determined and published must be used in determining andassessing penalties.

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

NRS 588.260 Unlawfuldistribution of misbranded commercial fertilizer or agricultural mineral.

1. A commercial fertilizer or agricultural mineral ismisbranded if it carries any false or misleading statement upon or attached tothe container or in any advertising matter accompanying or associated with thecommercial fertilizer or agricultural mineral.

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

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

[10:203:1951](NRS A 1975, 361)

NRS 588.270 Publicationof reports by Director; nondisclosure of information concerning operation ofbusiness.

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

(a) Information concerning the sales of commercialfertilizers and agricultural minerals, together with such data on theirproduction and use as he may consider advisable.

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

2. The information concerning production and use ofcommercial fertilizers or agricultural minerals must be shown separately forthe periods from July 1 to December 31 and from January 1 to June 30 of eachyear.

3. No disclosure may be made of the operations of anyperson.

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

NRS 588.290 Penaltyfor short weight. If any commercial fertilizeror agricultural mineral in the possession of the consumer is found by theDirector to be short in weight, the registrant of the commercial fertilizer oragricultural mineral shall, within 30 days after notice from the Director, payto 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-usecommercial 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 tosell at retail, or to distribute or deliver for transportation for delivery tothe consumer or user, a restricted-use commercial fertilizer or agriculturalmineral unless the person is registered with the Director.

2. Each person applying for registration must providethe 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 behalfof the person registering, sells, offers to sell, distributes or delivers fortransportation a restricted-use commercial fertilizer or agricultural mineral.

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

4. Each person registering with the Director must pay:

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

(b) A penalty fee established by regulation of theState Board of Agriculture if the person failed to renew his previousregistration on or before February 1 next following its expiration, unless hisregistration is accompanied by a signed statement that no person named on theregistration statement has sold or distributed any restricted-use commercialfertilizer or agricultural mineral during the period the registration was not ineffect.

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

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

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

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

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

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

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

(Added to NRS by 2003, 412)

NRS 588.297 Restricted-usecommercial fertilizers and agricultural minerals: Denial, suspension orrevocation of registration. The Director mayrefuse to grant or renew a registration pursuant to NRS 588.295 or may suspend or revoke theregistration if, after notice and a hearing, he finds that:

1. The person registered has, without reasonablecause, failed to record information as required by NRS 588.295 or a regulation adopted by theDirector;

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

3. The applicant for registration has made a sale ordelivery of a restricted-use commercial fertilizer or agricultural mineralwithout registering with the Director.

(Added to NRS by 2003, 413)

ENFORCEMENT

NRS 588.320 Seizureof commercial fertilizer or agricultural mineral not in compliance withchapter: Complaint to court; methods of disposal.

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

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

3. In no instance may the disposition of thecommercial fertilizer or agricultural mineral be ordered by the court withoutgiving the claimant an opportunity to apply to the court for release of thecommercial fertilizer or agricultural mineral, or for permission to process orrelabel the commercial fertilizer or agricultural mineral, to bring it intocompliance 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 anycommercial fertilizer or agricultural mineral that any of the provisions ofthis chapter or the rules and regulations adopted pursuant thereto have beenviolated, the Director shall cause notice of the violations to be given to theregistrant, distributor or possessor from whom the sample was taken. Any personso notified must be given an opportunity to be heard under such rules andregulations as may be prescribed by the Director. If it appears after thehearing, in the presence or absence of the person so notified, that any of theprovisions of this chapter or the rules and regulations adopted pursuantthereto have been violated, the Director may certify the facts to the properdistrict attorney.

2. The provisions of this chapter do not require theDirector or his representative to report for prosecution, or for theinstitution of seizure proceedings, minor violations of this chapter if hebelieves that the public interest will be best served by a suitable notice of warningin writing.

3. Each district attorney to whom any violation isreported shall cause appropriate proceedings to be instituted and prosecuted ina court of competent jurisdiction without delay.

4. The Director may apply for and the court may granta temporary or permanent injunction restraining any person from violating orcontinuing to violate any of the provisions of this chapter or any rule orregulation adopted pursuant to this chapter notwithstanding the existence ofother 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 ofcommercial 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 ofcommercial fertilizers or agricultural minerals to manufacturers ormanipulators who have registered their brands as required by the provisions ofthis chapter.

[18:203:1951]

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

[20:203:1951]

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