555.277 - Exemption of farmer-owners and gardeners.

555.277  Exemption of farmer-owners and gardeners.

      1.  The provisions of NRS 555.2605 to 555.460, inclusive, relating to licenses and requirements for their issuance, except 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:

      (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 for hire as a principal or regular occupation, and the farmer-owner does not publicly hold himself or herself out as a pesticide applicator.

      (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 any person using hand-powered equipment, devices or contrivances to apply pesticides to lawns or to ornamental shrubs and trees as an incidental part of the person’s business of taking care of lawns and yards for remuneration, if that person does not publicly hold himself or herself out as being in the business of applying pesticides and the cost of applying the pesticides does not exceed 20 percent of the total remuneration received.

      (Added to NRS by 1971, 1253; A 1981, 611; 1983, 230; 2003, 539)