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: (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.