Nevada Administrative Code › Chapter 555 - Control of Insects, Pests and Noxious Weeds › CUSTOM APPLICATION OF PESTICIDES › Fines › Section 555.530 - Schedule of administrative fines

Current through June 11, 2024
In addition to any other penalty, the Director
				may assess a fine against a person according to the schedule set forth in this
				section. As used in this section, "authorized," "authorization" or any
				variation of those terms means the authority of an authorized commercial
				applicator to use or supervise the use of a restricted-use pesticide as
				described in subsection 3 of
				NRS
				555.351.
AUTHORIZED OR CERTIFIED PERSONS AND PERSONS WHO ARE NOT
				AUTHORIZED OR CERTIFIED
APPLICATION OTHER THAN PRIVATE
				APPLICATION
PRIVATE APPLICATION
1. Except as otherwise provided in this section, for a violation
				of NRS
				555.2605 to
				555.460, inclusive
				.................................................
$100 to
				$1,000
$100 to $1,000
2.
				For a violation of NRS
				555.351:
(a) If it is a nonserious violation
				.....................
$100 to $1,000
$50 to $300
(b) If it is a serious
				violation ...........................
$1,001 to
				$5,000
$301 to $1,000
3.
				For a violation of NRS 555.359, if the violation is
				for:
(a) Knowingly applying
				ineffective or improper
				materials................................................
$300
$50
(b)
				Applying materials in a manner which is inconsistent with labeling or other
				restrictions imposed by the Director:
(1) If it is a nonserious violation
				................
$100 to $1,000
$50
				to $300
(2) If it is a serious violation
				......................
$1,001 to $5,000
$301 to $1,000
(c) Operating faulty or
				unsafe equipment .......
$100
$50
(d) Applying pesticides in a faulty,
				careless or negligent manner:
(1) If it is a nonserious violation
				................
$100 to $1,000
$50
				to $300
(2) If it is a serious violation
				......................
$1,001 to $5,000
$301 to $1,000
(e) Aiding or abetting an
				unauthorized or uncertified person to avoid the provisions of
				NRS
				555.351 to
				555.357, inclusive
				......................
$100 to $1,000
$50 to $300
(f) If authorized or
				certified, conspiring with an unauthorized or uncertified person to evade the
				provisions of NRS
				555.351 to
				555.357, inclusive, or allowing
				his or her license or certificate to be used by an unauthorized or uncertified
				person .................................................
$1,001 to $5,000
$301 to $1,000
(g) Fraudulently or deceptively procuring an authorization or
				certificate.............................
$1,001 to
				$5,000
$301 to $1,000
(h) Falsifying records or reports .....................
$250 to $500
$100 to $250
(i) Failing to give adequate instructions or directions to an
				unauthorized or uncertified person under his or her
				supervision:
(1) If it is a
				nonserious violation ................
$100 to
				$500
$50 to $300
(2) If
				it is a serious violation ......................
$1,001
				to $5,000
$301 to $1,000
4. For a violation of NAC
				555.440, if the violation is
				for:
(a) Failing to exercise
				reasonable precautions to protect persons, animals, crops or
				property:
(1) If it is a
				nonserious violation ................
$100 to
				$1,000
$50 to $300
(2)
				If it is a serious violation ......................
$1,001 to $5,000
$301 to $1,000
(b) Disposing of a pesticide or its empty container in a manner
				that presents a hazard to any person, animal, crop or property or failing to
				dispose of the pesticide or container in a safe manner or failing to remove or
				otherwise safeguard empty containers from the workplace ..
$200 to $500
$100 to $300
(c) Failing to provide employees with the required information,
				precautions and safety equipment:
(1) If it is a nonserious violation ................
$100 to $1,000 (per item not provided)
$50 to
				$300
(per item not provided)
(2)
				If it is a serious violation ......................
$1,001 to $5,000 (per item not provided)
$301 to
				$1,000 (per item not provided)
(d) Failing to
				maintain the required safety equipment in good working
				order.........................
$100 to $1,000 (per item
				not maintained)
$50 to $300
(per item not
				maintained)
(e) Not using materials, dosages,
				formulas, devices or methods of application, storage and disposal in accordance
				with the directions on the label of the pesticide or device or the Federal
				Insecticide, Fungicide, and Rodenticide Act,
				7 U.S.C. §§
															136 et seq.:
(1) If it is a nonserious violation
				................
$100 to $1,000
$50
				to $300
(2) If it is a serious violation
				......................
$1,001 to $5,000
$301 to $1,000
5. For a violation of NAC
				555.510, if the violation is
				for:
(a) Fumigating without
				the supervision of a person who is an applicator licensed or certified to
				perform pest control using lethal fumigants:
(1) If it is a nonserious violation
				................
$100 to $1,000
$50
				to $500
(2) If it is a serious violation
				......................
$1,001 to $5,000
$501 to $5,000
(b) Failing to have a
				complete label and any supplemental labels from the fumigant being used,
				including, without limitation, any instructions for the use of the fumigant
				published by the manufacturer of the fumigant and, if required, a copy of the
				fully developed site-specific fumigation management
				plan...........
$100 to $500
(per item not
				provided)
$100 to $300
(per item not
				provided)
(c) Failing to have the antidote, if
				any, and instructions for administering it as prescribed by the manufacturer of
				the fumigant..........................
$50 to
				$300
$50 to $300
6. For
				a violation of NAC
				555.700 or section 14, if the
				violation is for:
(a)
				Failing to keep an accurate and legible record of each property treated for 2
				years...........
$100
$50
(b) Failing to maintain required
				information for 2 years
				.............................................................
$100
$50
(c)
				Failing to report within 24 hours any emergency dump or accidental spillage of
				a pesticide
				................................................................
$100
$50
(d)
				Failing to report to the Director or his or her designee within 48 hours any
				case of apparent pesticide poisoning requiring medical treatment
				...............................................................
$100
$50
(e)
				Failing to have contact with an applicator under his or her direct supervision
				at least once every hour at night and at least once every 2 hours during
				daylight hours ..................................
$100
$50
LICENSED
				AND UNLICENSED PERSONS
FIRST OFFENSE
SUBSEQUENT OFFENSE
7. Except as
				otherwise provided in this section, for a violation of a provision of
				NRS
				555.2605 to
				555.460, inclusive
				.............................
$100 to
				$500
$301 to $1,000
8.
				For a violation of NRS
				555.280................
$500
$1,000
9. For
				a violation of NRS
				555.285................
$500
$1,000
10.
				For failing to supervise adequately an applicator who does not have a license
				issued by the Director
				...........................................................
$500
$500
11. For
				a violation of NAC
				555.290, if the violation is
				for:
(a) Failing to carry
				the license issued to him or her by the Director while engaged in pest control
				or failing to produce the license upon request by the Director or an
				agricultural police officer
$50
$50
(b) Failing to notify the Director
				of any change in the status or authority of any primary principal, location
				principal, principal, operator, demonstration and research specialist or agent
				or of any change in the information given on the application for the license of
				the pest control business.......................
$100
$100
(c)
				Failing to submit a new application and fee if a change in ownership
				occurs......................
$500
$500
12. Failing to obtain the permit
				required pursuant to NAC
				555.300 or to provide accurate or
				complete information on an application for such a permit
				.........................................................
$50
$50
13. For a
				violation of NAC
				555.385, if the violation is for
				failing to provide written notice to the Department of the termination of the
				employment of a primary principal, principal, location principal, operator,
				demonstration and research specialist or agent from the pest control business
				within 15 days after the date on which that termination
				occurs....
$100
$100
14. For a violation of NAC
				555.400, if the violation is
				for:
(a) Applying a
				pesticide in a category of pest control for which he or she is not
				licensed...........
$500
$1,000
(b) Using a method or equipment
				for applying a pesticide which is not capable of properly applying materials
				..................................
$100 to
				$500
$301 to $1000
(c)
				Applying pesticides where climatic, pest or crop conditions are not proper for
				controlling the pest for which the application is
				made:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $5,000
$1,001 to $5,000
(d) Failing to keep pest control equipment in good condition
				......................................................
$25 to $100
$50 to $301
(e) Not using devices which are accurately calibrated to the smallest
				possible unit when measuring concentrated materials
				.........................
$25 to $100
$50 to $301
(f) Failing to maintain a
				uniform mixture .......
$25 to $100
$50 to $301
(g) Failing to confine in a
				substantial manner the material applied to the premises where the land, crop,
				livestock, ornamental, soil or pest which is being
				treated:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $5,000
$1,001 to $5,000
(h) Failing to clean thoroughly all equipment after use
				.................................................................
$50
$50
(i)
				Failing to store undiluted pesticides in a locked facility, failing to secure a
				service container to a service vehicle or failing to handle serviceperson's
				kits with extreme caution or leaving the kits where children or other
				unauthorized persons might remove the contents:
(1) If it is a nonserious violation
				................
$50 to $500
$301
				to $1,000
(2) If it is a serious violation
				......................
$501 to $5,000
$1,001 to $5,000
15. For a violation of
				NAC 555.410 or section 11, if the
				violation is for:
(a)
				Failing to keep an accurate and legible record of each property treated for 2
				years...........
$100 to $500
$501
				to $1,000
(b) Failing to record an item of
				information required for the record
				..........................................
$25 to
				$100
$50 to $301
(c)
				Failing to report to the Director his or her designee within 48 hours any cases
				of apparent pesticide poisoning which require medical
				treatment:
(1) If it is a
				nonserious violation ................
$100
$100
(2) If
				it is a serious violation ......................
$500
$500
(d)
				Failing to file the required monthly report on or before the 15th day of the
				following month
				....................................................................
$100
$100
16. For
				a violation of NAC
				555.420, if the violation is for
				using a material for pest control which is not registered in this State as a
				pesticide, using any registered pesticide for a purpose other than the purpose
				for which the pesticide was registered or using a pesticide not registered with
				the United States Environmental Protection Agency pursuant to the Federal
				Insecticide, Fungicide, and Rodenticide Act,
				7 U.S.C. §§
															136 et seq.:
(a) If it is a nonserious violation
				.....................
$100 to $500
$501 to $1,000
(b) If it is a serious
				violation ...........................
$500 to
				$1,000
$1,001 to $5,000
17. For a violation of
				NRS
				555.420, if the violation is for failing to
				respond to a request for an inspection or other activity specified in that
				section or to submit to such an inspection or activity
				..................................................................
$100 to $1,000
$100 to $5,000
18. For a violation of NAC
				555.415
				.............
$100 to $1,000
$301
				to $1,000
19. For a violation of NAC
				555.425, if the violation is
				for:
(a) Failing to display
				prominently his or her permanent license number and the name of the business on
				all service vehicles of the business on both sides of such vehicles in letters
				at least 2 inches in height and in a color which contrasts with the color of
				the vehicle .................................
$50
$100
(b)
				Failing to equip a service vehicle used in the custom application of pesticides
				with:
(1) Clothing and
				equipment designed to provide protection against any pesticide carried on or in
				the vehicle................................................
$100
$150
(2)
				Absorbent material capable of absorbing and containing more than 1 gallon of
				pesticide that has been spilled ...............................
$100
$150
(3)
				Equipment designed to store safely materials contaminated with
				pesticide..................
$100
$150
(4) A sufficient quantity of
				potable water to wash skin exposed to
				pesticide.........................
$100
$100
20. For a violation of NAC
				555.427, if the violation is
				for:
(a) Failing to submit
				the form entitled "Termiticide Pretreatment Notification
				Form".....
$301 to $1,000
$1,001 to
				$5,000
(b) Failing to include each item of
				information required on the form entitled "Termiticide Pretreatment
				Notification Form" .....
$25 to $100
(per
				item not included)
$50 to $301
(per item
				not
included)
(c) Failing to
				apply the termiticide only to sites or in the specific quantities or dosages
				listed on the label of the termiticide, unless otherwise authorized by the
				Director ....................
$500 to
				$1,000
$1,001 to $5,000
(d) Failing, as part of a preconstruction treatment to soil, to apply the
				termiticide in a manner that establishes a vertical barrier at the exterior of
				the walls of the foundation or the exterior of the concrete slab, as
				appropriate, within 30 days after grading and any other disturbance of the soil
				has been completed..........
$301 to
				$1,000
$1,001 to $5,000
21. For a violation of NAC
				555.428, if the violation is
				for:
(a) Falsifying or
				failing to record legibly and accurately the information required on the tag
				for preconstruction treatment ................................
$301 to $1,000
$1,001 to $5,000
(b) Failing to include each item of information required on the
				tag for preconstruction treatment
				.....................................
$50 to $100 (per
				item not included)
$100 to $301 (per item not
				included)
(c) Failing to affix securely a tag
				for preconstruction treatment at the site of the preconstruction treatment
				immediately after an application of termiticide
				......................................
$301 to
				$1,000
$301 to $1,000
22. For a violation of NAC
				555.430, if the violation is
				for:
(a) Failing to write
				and deliver the required report before starting work on a project or giving an
				oral or written opinion on a form supplied by the Department or on an
				electronic form approved by the
				Department.................................
$100
$150
(b)
				Failing to file a report with the district or subdistrict within 15 days after
				the inspection is made
				.....................................................................
$100
$150
(c)
				Failing to include each item of information required in a
				report............................
$50 to $500
(per item not included)
$50 to $1,000 (per item not
				included)
(d) Failing to keep a copy of each
				report for at least 3 years after preparation of the
				report......
$100 to $500
$501 to
				$1,000
(e) Failing to apply a termiticide or
				other pesticide to eradicate wood-destroying pests only to sites or in the
				specific quantities or dosages listed on the label of the termiticide or other
				pesticide, unless otherwise authorized by the
				Director:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $5,000
$1,001 to $5,000
23. For a violation of NAC
				555.440, if the violation is
				for:
(a) Failing to exercise
				reasonable precautions to protect persons, animals, crops or
				property:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $5,000
$1,001 to $5,000
(b) Failing to store or dispose of a pesticide or its empty container
				according to directions on the label and in a manner that does not present a
				hazard to any person, animal, crop or property or failing to dispose of the
				pesticide or container in a safe manner or failing to remove or otherwise
				safeguard empty containers from the workplace..
$100 to
				$301
$301 to $1,000
(c)
				Failing to provide employees with the required information, precautions and
				safety equipment:
(1) If it
				is a nonserious violation ................
$50 to $500
				(per item not provided)
$301 to $1,000 (per item not
				provided)
(2) If it is a serious violation
				......................
$501 to $5,000 (per item not
				provided)
$1,001 to $5,000 (per item not
				provided)
(d) Failing to keep the required
				safety equipment in good working order.........................
$50 to $300 (per item not maintained)
$301 to
				$1,000 (per item not maintained)
(e) Not using
				materials, dosages, formulas, devices or methods of application and disposal in
				accordance with the directions on the label of the pesticide or device or the
				Federal Insecticide, Fungicide, and Rodenticide Act,
				7 U.S.C. §§
															136 et seq.:
(1) If it is a nonserious violation
				................
$50 to $500
$301
				to $1,000
(2) If it is a serious violation
				......................
$501 to $5,000
$1,001 to $5,000
(f) Failing to use an
				accurately calibrated metering device when dispensing a
				termiticide....
$100 to $301
$301
				to $1,000
24. For a violation of NAC
				555.445, if the violation is
				for:
(a) Failing to attach
				abbreviated labels to a service container
				...................................................
$50
				to $100
$50 to $301
(b)
				Failing to include each item of information required on an abbreviated
				label.......
$50 to $100
$50 to
				$301
(c) Failing to carry a complete label or
				a means of obtaining immediate electronic access to a complete label for each
				pesticide in the vehicle
				...................................................................
$50 to $100
$50 to $301
25. For a violation of NAC
				555.460, if the violation is
				for:
(a) Failing to give
				notice within a reasonable time before treatment to an owner of any animals
				known to be on the property to be treated or on property where a material
				containing a harmful substance is likely to drift
				.......................................................................
$100 to $500
$301 to $1,000
(b) Failing to exercise reasonable precautions to prevent access
				of animals to areas where harmful residues remain
				.......................................
$100 to
				$500
$301 to $1,000
(c)
				Failing to exercise reasonable precaution to avoid contaminating water
				containing fish.......
$100 to $500
$301 to $1,000
(d) Failing to place an
				insecticide or a rodenticide in an area that is inaccessible to children or
				pets or other domestic animals or in a tamper-resistant bait station unless, in
				the case of insecticide bait, the insecticide bait is placed as indicated on
				the label:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $1,000
$1,001 to $5,000
(e) Failing to mark the outside of a bait station with the required
				information:
(1) If it is a
				nonserious violation ................
$25 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $1,000
$1,001 to $5,000
(f) Failing to remove bait stations placed on the property by the pest
				control business upon termination of the services of the pest control
				business:
(1) If it is a
				nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $1,000
$1,001 to $5,000
26. For a violation of NAC
				555.470, if the violation is
				for:
(a) Failing to give
				notice personally or by telephone or electronic mail to an apiarist within the
				required time
				...................................................
$100
				to $500
$301 to $1,000
(b) Failing to give notice of his or her intent to apply specified
				pesticides to each apiarist within 2 miles of the field to be treated within
				the required time
				...................................................
$100
				to $500
$301 to $1,000
(c) Failing to provide each item of information required to be included
				in the notice
				.....................................................................
$100 to $500
$301 to $1,000
27. For a violation of NAC
				555.510, if the violation is
				for:
(a) Fumigating without
				the supervision of a person who is an applicator properly licensed or certified
				to perform pest control using lethal fumigants:
(1) If it is a nonserious violation
				................
$50 to $500
$301
				to $1,000
(2) If it is a serious violation
				......................
$501 to $1,000
$1,001 to $5,000
(b) Except as otherwise
				provided by NAC
				555.510, failing to have at least
				one properly licensed or certified applicator and one person under the
				supervision of that applicator present during the release of the fumigant or
				the ventilation process:
(1)
				If it is a nonserious violation ................
$50 to
				$500
$301 to $1,000
(2)
				If it is a serious violation ......................
$501
				to $1,000
$1,001 to $5,000
(c) Failing to have a complete label and any supplemental labels from the
				fumigant being used, including, without limitation, any instructions for the
				use of the fumigant published by the manufacturer of the fumigant, and, if
				required, a copy of the fully developed site-specific fumigation management
				plan...........
$50 to $300 (per item not
				provided)
$501 to $1,000 (per item not
				provided)
(d) Failing to have the antidote, if
				any, and instructions for administering it as prescribed by the manufacturer of
				the fumigant..........................
$50 to
				$300
$301 to $1,000
PERSONS WHO DO NOT HOLD A LICENSE OR CERTIFICATE
FIRST OFFENSE
SUBSEQUENT OFFENSE
28. For a violation of:
(a) NRS 555.280 or
				555.285 by a person who does not
				hold a license issued by the Director.....
$50 to
				$1,000
$1,001 to $5,000
(b) NRS
				555.351 by a person who does not hold a
				license as an authorized commercial applicator or certificate issued by the
				Director...
$50 to $1,000
$1,001 to
				$5,000
(c) NAC 555.440 by a person who does
				not hold a license or certificate issued by the Director if the violation is
				for:
(1) Failing to exercise
				reasonable precautions to protect persons, animals, crops or
				property:
(I) If it is a
				nonserious violation ...........
$50 to
				$500
$301 to $1,000
(II)
				If it is a serious violation ................
$501 to
				$5,000
$1,001 to $5,000
(2) Disposing of or leaving unattended a pesticide or its empty container
				where it may present a hazard to any person, animal, crop or property or
				failing to dispose of the pesticide or container in a safe manner or failing to
				remove or otherwise safeguard empty containers from the workplace
				.......................................................
$100 to $301 $301 to $1,000
(3)
				Failing to provide employees with the required information, precautions and
				safety equipment:
(I) If it
				is a nonserious violation ...........
$50 to $500 $301 to
				$1,000 (per item not (per item not provided) provided)
(II) If it is a serious violation
				................
$501 to $5,000 $1,001 to $5,000 (per
				item not (per item not provided) provided)
(4) Failing to maintain the required safety equipment in good working
				order........................
$50 to $300 (per item not
				maintained)
$301 to $1,000 (per item not
				maintained)
(5) Not using materials, dosages,
				formulas, devices or methods of application and disposal in accordance with the
				directions on the label of the pesticide or device or the Federal Insecticide,
				Fungicide, and Rodenticide Act,
				7 U.S.C. §§
															136 et seq.:
(I) If it is a nonserious violation
				...........
$50 to $500
$301 to
				$1,000
(II) If it is a serious violation
				................
$501 to $5,000
$1,001 to $5,000
(6) Failing to use an
				accurately calibrated metering device when dispensing a
				termiticide...
$100 to $301
$301 to
				$1,000
Added to NAC by Div. of
				Agriculture, eff. 1-6-95; A by Dep't of Agriculture by R033-01, 5-1-2002;
				R147-03, 1-22-2004; R052-06, 6-28-2006; R062-10, 1-13-2011; A by
				R033-14,
				eff. 10/24/2014; A by
				R093-15,
				eff. 3/10/2016; A by
				R006-17A,
				eff. 12/19/2017; A
				by
				R154-17A,
				eff. 12/18/2019; A
				by
				R077-21A,
				eff. 12/17/2022
NRS
				555.400,
				555.470