NAC555.600. Definitions.

As used in NAC 555.600 to 555.700, inclusive, unless the context otherwise requires:

     1. “Browsing” means the consumption of leaf and twig growth of shrubs, woody vines and trees by an animal.

     2. “Competent” means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity and the associated responsibility.

     3. “Container” means any package, can, bottle, bag, barrel, drum, tank or other containing device, excluding spray applicator tanks, used to enclose a pesticide or waste related to pesticide.

     4. “Control” means to prevent, destroy, repel or mitigate any undesirable organism.

     5. “Direct supervision” means that a person who is certified in the use of a restricted-use pesticide is responsible for and provides guidance to a person applying the restricted-use pesticide who is not certified in the use of the restricted-use pesticide. The physical presence of the person who is certified in the use of the restricted-use pesticide at the site of application is not required unless the label on the pesticide requires the presence of such a person.

     6. “Ectoparasite” means any organism that occurs externally on, or whose life cycle involves development within, an organism of another species (host) and derives its nutriment from it.

     7. “Food handling establishment” means a place other than a private residence in which exposed food is held, processed, prepared or served.

     8. “Forage” means any herbaceous plant or plant part normally grazed on by, or fed to, animals.

     9. “Forest” means any concentration of trees and related vegetation in a nonurban area sparsely inhabited by and infrequently used by humans, characterized by natural terrain and drainage patterns.

     10. “Fumigation”:

     (a) Means the destruction of plant or animal life within an enclosed area by using:

          (1) A substance which has a vapor pressure of more than 5 millimeters of mercury at 25° Centigrade; or

          (2) Any other substance that the Director determines is a fumigant, including, without limitation:

               (I) Chloropicrin;

               (II) Methyl bromide;

               (III) Sulfur dioxide;

               (IV) Propylene oxide;

               (V) Sulfuryl fluoride;

               (VI) Aluminum phosphide;

               (VII) Magnesium phosphide; and

               (VIII) Dichloropropene.

     (b) May include any of the following substances if the intended use of the substance is to destroy plant or animal life within an enclosed area:

          (1) Liquid nitrogen;

          (2) Carbon dioxide; or

          (3) Metam sodium.

     11. “Grain” means any of the grasses that produce cereals which are used for food.

     12. “Grazing” means the partial defoliation of forage growth by animal consumption.

     13. “Habitat” means that specific locality where an organism exists.

     14. “Licensed primary principal commercial applicator” means a person who:

     (a) Is designated the primary principal of a business of pest control pursuant to NAC 555.395; and

     (b) Is authorized to use or supervise the use of a restricted-use pesticide as a part of a business of pest control.

     15. “Microorganism” means any animal or plant that is so small as to be invisible or obscure except through a microscope.

     16. “Mollusk” means any of the phylum of soft-bodied animals usually partially or wholly enclosed within a calcium carbonate shell and having a muscular “foot” for locomotion.

     17. “Nonprimary principal commercial applicator” means a person who:

     (a) Except as a part of a business of pest control, applies or supervises the application of a restricted-use pesticide; and

     (b) Does not qualify as a private applicator.

     18. “Nonvascular plant” means a plant without flowers, roots, stems or leaves.

     19. “Operational site” means that location belonging to a person where an integral function of the business is performed, and includes the person’s land, structures and any other environs and equipment.

     20. “Pasture” means any fenced area of domesticated forage on which animals are grazed.

     21. “Plant disease” means any exhibition of some malfunction or abnormality in a plant’s development or growth caused by a microorganism as, for example, fungi, bacteria, viruses, mycoplasmas and nematodes.

     22. “Predator” means any animal of the class Mammalia of the subphylum Vertebrata that kills and consumes other animals.

     23. “Private applicator” has the meaning ascribed to it in NRS 555.2681.

     24. “Range” means any land with native vegetation (climax or natural potential) that is predominantly grasses, grasslike plants, forbs or shrubs suitable for grazing or browsing.

     25. “Row crop” means any fiber crop, melon crop, vegetable crop or similar crop that is grown in continual lines.

     26. “Seed crop” means any plant that is grown for the purpose of utilizing the propagative portion of the plant.

     27. “Vertebrate” means any animal of the subphylum Vertebrata of the phylum Chordata, which has an enlarged brain enclosed in a cranium, or brain case, a segmented vertebral column which supports the body, a head, neck, trunk and usually a tail present.

     28. “Wildlife” means all living things that are neither human, domesticated nor pests, including, but not limited to, mammals, birds and aquatic life.

     29. “Wood-destroying pest” means any organism which infests or infects and destroys cellulose.

     [Dep’t of Agriculture Reg., 55.50, eff. 1-17-77]—(NAC A by R147-03, 1-22-2004; A by Bd. of Agriculture by R156-07, 1-30-2008)