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Agency Draft of Proposed Regulation R156-16 PROPOSED REGULATION OF THE DIRECTOR OF THE 
STATE DEPARTMENT  OF AGRICULTURE 
 
LCB File No. R156-16 
 
Nevada Department of Agriculture 
Seed Division 
NAC 555 
 
Pesticide Use on Crops Grown For Seed 
 
Pesticide Use on Crops Grown For Seed 
 1. For purposes of pesticide product registration , labeling, distribution and use, certain crops 
when grown exclusively for seed production, with the sole intent of the seed being planted, or 
with the sole intent of the seed being proce ssed to produce nonedible in dustrial or nonedible 
cosmetic oil, shall be considered nonfood/non- feed sites. If certain conditions are met as 
specified in this rule, a pesticide residue tole rance is not required to obtain a pesticide 
registration on the crop. These crop s include, but are not limited to: 
 
Alfalfa Clover Mizuna 
Alliums Collards Mustard (all) 
Arugula Cucumber Parsley 
Beet (garden and sugar) Dill Parsnip 
Birdsfoot Trefoil Drug and Medici nal Crops Radish (except daikon) 
Broccoli (all) Endive Rapeseed 
Brussel Sprouts Escarole Rutabaga 
Burdock Herbs (culinary) Spinach 
Cabbage (all) Herbs (Dietary Supplement) Squash, Summer 
Carrot Kale (all) Squash, Winter (not 
pumpkin) 
Cauliflower Kohlrabi Swiss Chard 
Celery Lettuce Turnip 
Cilantro/Coriander Meadowfoam Vetch 
 
2. Certain crops which may be grown for seed produ ction, shall be considered food/feed sites, 
and not eligible to obtain a nonfood/nonfeed st atus. These crops include, but are not limited 
to:   Cereal Grains: Including barley, buckwheat, corn, millet, oats, rye, sorghum, triticale, 
wheat;  Legume vegetables (succulent and dried) : including peas, beans, chickpeas, and 
lentils;  Garlic;  Potatoes; --2-- 
Agency Draft of Proposed Regulation R156-16  Pumpkins; 
 Sunflower.  3. If the Department receives an  application for a FIFRA Sectio n 24(c) registration or a 
FIFRA Section 18 authorization, and the pesticide product is intended to be used on a seed 
crop not listed in (1) or (2) above, additional in formation must be provided to the Department 
to support a nonfood/nonfeed designation. The Department shall make or deny the 
nonfood/nonfeed designation based upon eva luation of available information.  
 
4. In order for a pesticide product to be regi stered, labeled, distributed and used on a crop 
grown exclusively for seed production, as identifi ed in (1) above, the fo llowing conditions must 
be met:  
A. The seed conditioner shall maintain a reco rd of each pesticide applied to the seed 
crop for which there is no established pestic ide residue tolerance. This record shall 
include the date of each application, and type of pesticide utilized.  
 B. No seed produced in Nevada utilizing a pesticide product for which there is no established pesticide residue tolerance on the seed crop may be distributed for human 
or animal consumption.  C. All screening resulting from a seed crop identified in (1) above sh all be disposed of 
in such a manner that the screenings cannot be distributed or used for feed or feed 
purposes.   D. No portion of the seed crop to which a pesticide product having no established 
pesticide residue tolerance for the seed crop has been applied shall be used or 
distributed for foods or feed.  
1) This restriction pertains to, but is not limited to: green chop, hay, pellets, 
meal, whole seed, cracked seed, straw, root s, bulbs, foliage or seed screenings, 
and to the grazing of the crop field, stubble or regrowth.  
  
E. The seed conditioner shall keep records of all seed screening disposals for at least 3 
years from the date of disposal and shall pr ovide these records to the Department upon 
request.   F. The disposal records required in sectio n (e) above shall consist of documentation 
verifying shipment to the controlled site where disposal occurred, and shall identify 
each of the following:    1) The name, if applicable, and location of the disposal site;  2) Method of disposal (i.e. bu rial, composting, or incineration) 
 3) Amount and type of material disposed of; and 
 4) The date of shipment from the disposal site. 
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Agency Draft of Proposed Regulation R156-16 G. Administrative rules enacted and ad ministered by the Nevada Department of 
Environmental Quality, specify that any portion  of a seed crop grown in this state, its 
foliage, seed chaff, screenings or other crop by-products treated with a pesticide 
according to label instructions shall not be considered a hazardous waste.  Therefore, 
the requirements for disposal of hazardous waste shall not apply to  the disposal of a 
pesticide treated seed cr op or its by-products. 
 H. Refusing or neglecting to prepare and ma intain the records required to be kept by 
4(a) and 4(e) of this section sha ll be considered a prohibited act. 
 I. Making false, misleading or fraudulent records required by 4( a) and 4(e) of this 
section shall be consider ed a prohibited act.  
 
J. Any seed from a field treated with a pest icide product having no pesticide residue 
tolerance  shall bear specific and conspicuou s container labeling, or if shipped in bulk, 
on the shipment invoice or bi ll of lading. Said labeling  shall contain 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 tolerances. This seed, in whole, as sprout s, or in any form, may not be used for 
human consumption or animal feed.  Failure  to comply with this condition may 
violate requirements of the Federal F ood and Drug Administration, the Nevada 
Department of Agriculture and other regulatory agencies." 
 
K. All possessors of seed labeled as speci fied in (J) above, including brokers and 
dealers, shall prepare and maintain records which include a copy of the seed labeling. 
 L. The conditions contained in (A) through (K ) of this rule shall not apply to a seed 
crop, or its by-products, grown in Nevada under the following conditions:   1. Having no pesticide(s) applied to it; or 
2. Utilizing only pesticides registered and labeled for application to the crop, 
and having established residue tolera nces for the specific crop and its by-
products. 
 
M. The requirements specified in (J) and (K) of  this rule shall not apply if the seed is 
sold or distributed in consumer packets we ighing less than 5.0 oz., and is intended for 
retail sale and noncommercial use.  N. The restrictions contained in (4)(d) of th is rule may be modified by the Department 
if residue data are provided, and the data and modification are co nsidered acceptable 
by both the Department and the U.S. Environmental Protection Agency.  O. If the conditioner has not been provided information as to what pesticides were 
applied to a field producing a seed crop sp ecified in (1) above, the field will be --4-- 
Agency Draft of Proposed Regulation R156-16 considered to have been treated with a pe sticide not having a tolerance. In such 
situations, the seed conditioner will be exempt from the requirements of 4(a) above. All other requirements of 4(b) through (9) shall apply.  P. Any seed grown in Nevada, and conditione d in another state which has a labeling 
requirement for seed conditioned in that st ate similar to (J) above, shall be exempt 
from the labeling requirements contained in (J) above. Seed exported from Nevada 
under conditions specified in this subsection must be labeled as required in (J) above 
by the grower, broker or other responsible party.  Q. Any “treated seed” as defined in NR S 587.061 shall be exempt  from the labeling 
requirements contained in (J) above. Prior to  treatment, the seed must be labeled as 
required in (J) above.     Statute Authority: Director pursuant to NRS 555.270, 555.380, 555.400