Nevada Revised Statutes 555.277 – Exemption from certain provisions for farmer-owners and gardeners
1. The provisions of NRS 555.2605 to 555.460, inclusive, relating to licenses and requirements for their issuance, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to any farmer-owner of ground equipment applying pesticides for himself, herself or his or her neighbors, if:
Terms Used In Nevada Revised Statutes 555.277
- Control: means to cut, destroy or eradicate established noxious weed populations in order to prevent:
(a) The spread, maturation and dispersal of any propagative part of the noxious weed; and
(b) The reproduction and spread of the noxious weed. See Nevada Revised Statutes 555.005
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Pest: means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this State, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasma, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest. See Nevada Revised Statutes 555.005
(a) The farmer-owner operates farm property and operates and maintains equipment for applying pesticides primarily for his or her own use;
(b) The farmer-owner is not regularly engaged in the business of applying pesticides or performing pest control as an operator, primary principal or principal or as a regular occupation, and the farmer-owner does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or as an applicator; and
(c) The farmer-owner operates his or her equipment for applying pesticides only in the vicinity of the farmer-owner’s own property and for the accommodation of the farmer-owner’s neighbors for agricultural purposes only.
2. The provisions of NRS 555.2605 to 555.460, inclusive, except those provisions relating to a certificate or permit to use a restricted-use pesticide, do not apply to a gardener using hand-powered equipment, devices or contrivances to apply any pesticides of toxicity class III or IV, as classified by the United States Environmental Protection Agency, to any lawn or garden as an incidental part of his or her business of taking care of a lawn or garden for remuneration, if he or she does not advertise or solicit pest control or publicly hold himself or herself out as being in the business of pest control or applying pesticides. As used in this subsection, ‘gardener’ means a person who owns, operates or is employed by a business that provides routine care of a lawn or garden for a homeowner.