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LCB Draft of Proposed Regulation R156-16 PROPOSED REGULATION OF THE 
DIRECTOR OF THE 
STATE DEPARTMENT OF AGRICULTURE 
LCB File No. R156-16 
September 11, 2017 
EXPLANATION – Matter in italics  is new; matter in brackets [omitted material ] is material to be omitted. 
 
AUTHORITY: §§1-8, NRS 555.380 and 555.400. 
 
A REGULATION relating to pesticide;  requiring the State Departm ent of Agriculture to 
designate certain areas as  nonfood or nonfeed sites or as food or feed sites; authorizing 
the Department to require an ow ner of a crop grown for seed pro duction to provide 
certain information to assist the  Department in granting or den ying a designation as a 
nonfood or nonfeed site for certai n crops; requiring a pesticid e to meet certain 
conditions for the purposes of  registering, labeling, distribut ing and using the pesticide 
on a nonfood or nonfeed site; prohibi ting certain acts; providi ng exceptions; and 
providing other matters pr operly relating thereto. 
 
Legislative Counsel’s Digest: 
 Existing law authorizes the Dir ector of the State Department o f Agriculture to adopt 
regulations governing the custom applicati on of pesticides for the control of insects, pests and 
noxious weeds. (NRS 555.400) Existi ng law further authorizes th e Director to adopt regulations 
prescribing the materials or  methods to be used and prohibiting  the use of materials or methods 
in the custom application of pes ticides in order to protect hea lth or to prevent injury. (NRS 
555.380) Existing regulations re quire that each person engaged in the application of pesticides 
for hire must comply with certai n requirements, including requi rements for: (1) the application of 
pesticides; and (2) the methods  and equipment to use when apply ing pesticides. (NAC 555.400) 
 Section 2 of this regulation requires the Department, for the purposes of  registering, 
labeling, distributing and using a  pesticide, to designate an a rea as a nonfood or nonfeed site if 
certain crops grown for seed produc tion are grown in that area.  Section 2  further sets forth that if 
the requirements of section 5  of this regulation are met, the D epartment will not require a 
pesticide residue tolerance to reg ister a pesticid e: (1) which has no established pesticide residue 
tolerance; and (2) which i s applied to a nonfood or nonfeed sit e. 
 Section 3  of this regulation requires the Department to designate an are a as a food or feed 
site that is not eligible for designation as a nonfood or nonfe ed site if certain crops are grown in 
that area. As a result, a pesti cide for which there is no estab lished pesticide residue tolerance 
must not be applied to such crops.  
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LCB Draft of Proposed Regulation R156-16  Section 18 of the Federal Ins ecticide, Fungicide, and Rodentic ide Act authorizes state and 
federal agencies to permit the  unregistered use of a pesticide in a specific geographic area for a 
limited time if an emergency pest condition exists. (7 U.S.C. §  136p) Section 24(c) of that Act 
authorizes state-specific regi stration, under which a state may  register a new pesticide for any 
use, or a federally registered pe sticide for an additional use,  as long as there is a: (1) 
demonstrated special local need ; and (2) tolerance, exemption f rom a tolerance or other clearance 
under the Federal Food, Drug, a nd Cosmetic Act (21 U.S.C. §§ 30 1 et seq.). (7 U.S.C. § 136v) 
Section 4 of this regulation authorizes the  Department to require an owne r of a crop grown for 
seed production that is  not listed in section 2 to provide  to the Department, in addition to the 
information required by section 5 , any information required by t he Federal Insecticide, 
Fungicide, and Rodenticide Act if : (1) the Department receives an application for a registration 
pursuant to section 24(c) or an a uthorization pursuant to secti on 18 of the Federal Insecticide, 
Fungicide, and Rodenticide Act; an d (2) the owner intends to us e the pesticide on a crop grown 
for seed production th at is not listed in section 2 . Section 4 further requires the Department to, 
after reviewing and evaluating this information, grant or deny the designation as a nonfood or 
nonfeed site for a crop grown for  seed production that is not l isted in section 2 . 
 Section 5 requires a pesticide to meet cer tain conditions for the purpose s of registering, 
labeling, distributing and usi ng the pesticide on a nonfood or nonfeed site. Section 5  sets forth 
that these conditions include : (1) the owner of any nonfood or nonfeed site must provide all the 
seed screening from the nonf ood and nonfeed site and certain in formation to a seed conditioner; 
(2) the seed conditioner must k eep records of the disposal of s uch seed screening for not less 
than 3 years after the date of di sposal; (3) the seed condition er must keep a record of each 
pesticide which has no establishe d pesticide residue tolerance and which is applied to any seeds 
produced in this State ; (4) the owner or producer of any seed p roduced in this State that uses a 
pesticide which has no establishe d pesticide residue tolerance must not distribute such seed as 
food for human consumption or as f eed for animals; (5) the owne r or producer of any seed 
produced in this State that uses  a pesticide which has no estab lished pesticide residue tolerance 
must distribute the seed in cont ainers or in bulk that bear lab els which meet certain labeling 
requirements; (6) any person who po ssesses any seed bearing lab els that meet certain labeling 
requirements must prepare and mai ntain certain records; and (6)  the owner, producer or any 
other person must not distribu te 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. 
 Section 6  of this regulation prohibits a pe rson from: (1) refusing or fa iling to prepare and 
maintain any record required by section 5 ; or (2) making false, misl eading or fraudulent records 
required by section 5 . 
 Section 7  of this regulation sets forth cer tain exceptions to the labeli ng requirements in 
section 5 . 
 
 Section 1.  Chapter 555 of NAC is hereby a mended by adding thereto the pro visions set 
forth as sections 2 to 7, inclu sive, of this regulation.  
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LCB Draft of Proposed Regulation R156-16  Sec. 2.  1.  For the purposes of registering, l abeling, distributing and using a pesticide 
pursuant to NRS 555.5605 to 555.470, inclusive, and chapter 586 of NRS or any other 
applicable law or regulation, the Department will designate an area as a nonfood or nonfeed site if the following crops grown for s eed production are grown in that area: 
 (a) Alfalfa.             (Medicago sativa) 
 (b) Allium.              (Allium) 
 ( c )  A r u g u l a .              ( E r u c a  s a t i v a )  
 ( d )  B e e t r o o t .              ( B e t a  v u l g a r i s  v a r .  c o n d i t i v a )  
 ( e )  B i r d s f o o t  t r e f o i l .           ( L o t u s  c o r n i c u l a t u s )  
 (f) Broccoli.             (Brassica oleracea var. italica) 
 (g) Brussels sprout.           (Brassica oleracea var. gemmifera) 
 ( h )  B u r d o c k .              ( A r c t i u m )  
 (i) Cabbage.             (Brassica oleracea var. capitata) 
 ( j )  C a r r o t .               ( D a u c u s  c a r o t a  s u b s p .  s a t i v u s )  
 (k) Cauliflower.            (Brassica oleracea var. botrytis) 
 ( l )  C e l e r y .               ( A p i u m  g r a v e o l e n s )  
 ( m )  C h i c o r y .              ( C i c h o r i u m  i n t y b u s )  
 ( n )  C l o v e r .               ( T r i f o l i u m )  
 (o) Collard greens.           (Brassica oleracea var. acephala) 
 ( p )  C o r i a n d e r .             ( C o r i a n d r u m  s a t i v u m )  
 ( q )  C u c u m b e r .             ( C u c u m i s  s a t i v u s )  
 ( r )  D i l l .                ( A n e t h u m  g r a v e o l e n s )  
 (s) Drug or medicinal crop.  
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LCB Draft of Proposed Regulation R156-16  ( t )  E n d i v e .               ( C i c h o r i u m  e n d i v i a )  
 (u) Herb used for culinary purposes. 
 (v) Herb used as a dietary supplement.  ( w )  K a l e .               ( B r a s s i c a  o l e r a c e a  v a r .  a c e p h a l a )  
 (x) Kohlrabi.             (Brassica oleracea var. gongylodes) 
 ( y )  L e t t u c e .              ( L a c t u c a  s a t i v a )  
 (z) Meadowfoam.           (Limnanthes alba) 
 (aa) Mizuna.             (Brassica juncea var. japonica) 
 ( b b )  M u s t a r d .              ( B r a s s i c a  a n d  S i n a p i s )  
 ( c c )  P a r s l e y .              ( P e t r o s e l i n u m  c r i s p u m )  
 ( d d )  P a r s n i p .              ( P a s t i n a c a  s a t i v a )  
 (ee) Radish, not including daikon.      (Raphanus raphanistrum subsp. sativus) 
 ( f f )  R a p e s e e d .              ( B r a s s i c a  n a p u s )  
 (gg) Rutabaga.            (Brassica napus var. napobrassica) 
 ( h h )  S p i n a c h .              ( S p i n a c i a  o l e r a c e a )  
 ( i i )  S u g a r  B e e t .             ( B e t a  v u l g a r i s  v a r .  a l t i s s i m a )  
 ( j j )  S u m m e r  S q u a s h .           ( C u c u r b i t a  p e p o )  
 (kk) Swiss Chard.           (Beta vulgaris subsp. vulgaris) 
 ( l l )  T u r n i p .              ( B r a s s i c a  r a p a  v a r .  r a p a )  
 ( m m )  V e t c h .              ( V i c i a  s a t i v a )  
 (nn) Winter Squash, not including pumpkins .  (Cucurbita  argyrosperma, Curcurbita  
                  m a x i m a ,  C u c u r b i t a  m o s c h a t a  a n d     
                  C u c u r b i t a  p e p o ) )   
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LCB Draft of Proposed Regulation R156-16  2.  Notwithstanding the provisions of 40 C. F.R. Part 180 and section 408 of the Federal 
Food, Drug, and Cosmetic Act, 21 U.S.C. § 346a, if the requirements of section 5 of this 
regulation are satisfied, the Department will no t require a pesticide residue tolerance to 
register a pesticide which has no established pesticide residue tolerance and which is applied to a nonfood or nonfeed site.  Sec. 3.  The Department will designate an area as a f ood or feed site that is not eligible for 
designation as a nonfood or nonf eed site if the following crops , which may be crops grown for 
seed production, are grown in that area:  1.  Cereal grains, incl uding, without limitation: 
 ( a )  B a r l e y .               ( H o r d e u m  v u l g a r e )  
 (b) Buckwheat.            (Fagopyrum esculentum) 
 ( c )  C o r n .               ( Z e a  m a y s )  
 (d) Millet.              (Eleusine coracana, Panicum miliaceum, 
                  P e n n i s e t u m  g l a u c u m  a n d  S e t a r i a  i t a l i c a )  
 ( e )  O a t .                ( A v e n a  s a t i v a )  
 (f) Rye.               (Secale cereale) 
 ( g )  S o r g h u m .              ( S o r g h u m  b i c o l o r )  
 ( h )  T r i t i c a l e .              ( T r i t i c o s e c a l e )  
 ( i )  W h e a t .               ( T r i t i c u m )  
 2.  Garlic.              (Allium sativum) 
 3.  Legume vegetables, including, with out limitation, succulent and dried: 
 ( a )  B e a n s .               ( P h a s e o l u s )  
 ( b )  C h i c k p e a s .             ( C i c e r  a r i e t i n u m )   
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LCB Draft of Proposed Regulation R156-16  ( c )  L e n t i l s .               ( L e n s  c u l i n a r i s )  
 ( d )  P e a s .               ( P i s u m  s a t i v u m )  
 4 .   P o t a t o e s .              ( S o l a n u m  t u b e r o s u m )  
 5.  Pumpkins.            (Cucurbita argyrosperma, Cucurbita   
                  m a x i m a ,  C u c u r b i t a  m o s c h a t a  a n d     
                  C u c u r b i t a  p e p o )  
 6.  Sunflower.            (Helianthus)  
 Sec. 4.  1.  To assist the Department in deter mining whether to grant or deny the 
designation as a nonfood or nonfeed site for a cr op grown for seed production that is not listed 
in section 2 of this regulation, the Department may require the owner of a crop grown for seed 
production that is not listed in section 2 of th is regulation to provide to the Department, in 
addition to the information required pursuant to section 5 of this regulation, any information 
required by the Federal Insecticide, Fungicide,  and Rodenticide Act, 7 U.S.C. §§ 135 et seq., 
if: 
 (a) The Department recei ves an application for: 
  (1) A registration pursuant to section 24(c)  of the Federal Insecticide, Fungicide, and 
Rodenticide Act, 7 U.S.C. § 136v; or   (2) An authorization pursuant to section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act, 7 U.S.C. § 136p; and  (b) The owner intends to use the pesticide on  a crop grown for seed production that is not 
listed in section 2 of this regulation.  
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LCB Draft of Proposed Regulation R156-16  2.  The Department will grant or deny the designation as a nonfood or nonfeed site for a 
crop grown for seed production that is not listed in section 2 of this regulation after reviewing 
and evaluating the information provided pursuant to subsection 1.  Sec. 5.  1.  Except as otherwise provided in this section, for the purposes of registering, 
labeling, distributing and using a pestic ide pursuant to NRS 555.5605 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 m eet the following conditions: 
 (a) The owner of any nonfood or nonfeed site must:   (1) Provide all the seed scr eening 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 pe sticide 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 conditione r 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 th e 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  
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LCB Draft of Proposed Regulation R156-16   (4) The amount and type of material disposed. 
 (c) Except as otherwise provided in section 7 of this regulation, 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. Su ch a record must include, without limitation, 
the:   (1) Date of each application of th e 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 tole rance, 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 section 7 of this regulation, dist ribute such seed in a 
container bearing specific and conspicuous labe ling 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 mo re products for which the United States 
Environmental Protection Agency has not esta blished 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 an d Drug Administration, the Nevada State 
Department of Agriculture and other regulatory agencies. 
 (e) Any person who possesses any seed labe led pursuant to subparagraph (2) of paragraph 
(d), including, without limitation, a broker or deal er, must prepare and maintain a record that  
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LCB Draft of Proposed Regulation R156-16 includes, without limitation, a c opy 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 grow n 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, withou t limitation, green chop, hay, pellets, meal, 
whole seed, cracked seed, straw, roots, bulbs, fo liage 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 fo r application to the crop have been applied, if 
the pesticide residue tolerance has been estab lished for the specific cr op and its byproducts. 
 3.  The provisions of subparagraph (2) of par agraph (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 provis ions of paragraph (f) of subsection 1 if: 
 (a) The owner, producer or any other perso n provides data concerning the pesticide 
residue; and  (b) The Department and the United States Environmental Protection Agency authorize 
such data and modification.  
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LCB Draft of Proposed Regulation R156-16  Sec. 6.  A person shall not: 
 1.  Refuse or fail to prepare and maintain any record required pursuant to section 5 of this 
regulation; or  2.  Make false, misleading or fraudulent r ecords required pursuant to section 5 of this 
regulation.  Sec. 7.  1.  If an owner of a nonfood or nonfeed site has not informed a seed conditioner 
pursuant to subparagraph (2) of pa ragraph (a) of subsection 1 of section 5 of this regulation 
of the pesticides applied to  the nonfood or nonfeed si te, the seed conditioner: 
 (a) Shall deem such a crop to have been trea ted with a pesticide for which there is no 
established pesticide residue tolerance; and  (b) Is exempt from the requir ements of paragraph (c) of subsection 1 of section 5 of this 
regulation.  2.  The Department shall exempt from the labeling requirements of subparagraph (2) of 
paragraph (d) of subsection 1 of section 5 of this  regulation any seed grown in this State but 
conditioned in another state or territory of the United States, or the District of Columbia, if 
such other state or territory, or  the District of Columbia, has labeling requirements for seeds 
which, as determined by the Department, ar e substantially similar to subparagraph (2) of 
paragraph (d) of subsection 1 of section 5 of this regulation. The grower, broker or other 
responsible party shall label any seed grown in this State pursuant to subparagraph (2) of 
paragraph (d) of subsection 1 of section 5 of this regulation when exporting the seed for conditioning in another state or territory of th e United States, or the District of Columbia. 
 3.  The Department will exempt from the la beling requirements in subparagraph (2) of 
paragraph (d) of subsection 1 of section 5 of this  regulation any seed that is treated. The  
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LCB Draft of Proposed Regulation R156-16 owner or purchaser shall label the seed pursu ant to subparagraph (2) of paragraph (d) of 
subsection 1 of section 5 of this regulation befo re such seed is treated. As used in this 
subsection, the term “treated” has the meaning ascribed to it in NRS 587.061. 
 Sec. 8.  NAC 555.005 is hereby amended to read as follows: 
 555.005  As used in this chapter , unless the cont ext otherwise  requires: 
 1.  “Crop grown for seed production” means any crop that is grown: 
 (a) To produce seed that is not intended for human consumption or as feed for animals; 
and  (b) With the sole inte nt of the seed being: 
  (1) Planted; or   (2) Processed to produce industrial or cosmetic oil that is not edible.  
 2.  “Department” means the State Department of Agriculture.  
 [2.] 3.  “Director” means the Di rector of the Department.  
 4.  “Drug or medicinal crop” means any plant that produces or from which is derived a 
drug or chemical substance that is used for pharmaceutical or medicinal purposes. The term 
does not include medical mariju ana, as defined in NAC 372A.120. 
 5.  “Pesticide residue tolerance” means the a llowable amount of the residue of a pesticide 
that is prescribed by the United St ates Environmental Protection Agency. 
 6.  “Seed conditioner” means a person who dis poses of seed screening in compliance with 
state and federal laws and regulations.  7.  “Seed screening” means all matter separat ed from seeds through the use of screens.