1. Any pesticide or device that is distributed, sold or offered for sale within the State of Nevada, or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state is liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation:
(a) In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If the brand of the pesticide has not been registered under the provisions of NRS 586.250 to 586.300, inclusive.
(3) If it is a white powder pesticide and is not colored as required under this chapter.
(4) If it fails to bear on the label the information required by this chapter.
(b) In the case of a device, if it is misbranded.
2. If the article is condemned, it must, after the entry of the decree, be disposed of by destruction or sale as the court may direct, and the proceeds must be paid to the State Treasurer and deposited in the State General Fund. The article seized must not be sold or destroyed contrary to the provisions of this chapter. The article must not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article must not be disposed of unlawfully. The court shall then order that the article condemned must be delivered to the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article, court costs, fees and storage charges, and other proper expenses, must be awarded against the person, if any, intervening as claimant of the article.
[9:269:1955] — (NRS A 1971, 1141; 2003, 617; 2015, 3635) — (Substituted in revision for NRS 586.440)
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