586.380 - Sale or distribution of certain pesticides unlawful unless colored or discolored; exemption.

586.380  Sale or distribution of certain pesticides unlawful unless colored or discolored; exemption.

      1.  It is unlawful for any person to distribute, sell or offer for sale within this State, or deliver for transportation or transport in intrastate commerce or between points within this State through any point outside this State, the pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate, and barium fluorosilicate, and those containing mercurial compounds, unless they have been distinctly colored or discolored as provided by the regulations adopted in accordance with the provisions of NRS 586.010 to 586.450, inclusive, or any other white powder pesticide which the Director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of the coloration or discoloration, by regulation requires to be distinctly colored or discolored, unless it has been so colored or discolored.

      2.  The Director may exempt any pesticide to the extent that it is intended for a particular use from the coloring or discoloring required or authorized by this section if the Director determines that the coloring or discoloring for that use is not necessary to protect the public health.

      [Part 3:269:1955]—(NRS A 1961, 570; 1971, 1139; 1993, 1779; 1999, 3720)