Title XVIII, Public Health

This chapter shall be known as the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act of 1996."

This chapter shall be administered by the Department of Agriculture, hereinafter referred to as the department.

The purpose of this chapter is to regulate in the public interest, the storage, use, and application of insecticides, fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, rodenticides, and any other pesticides and the storage of fertilizers design…

For the purposes of this chapter, unless the context requires otherwise: (1) "Applicant" means a person applying for a license or registration under this chapter; (2) "Branch office" means any location of a dealer other than its designated principal place of business location, bu…

(1) The department shall administer and enforce the provisions of this chapter and promulgate administrative regulations to carry out the provisions of this chapter and in the administrative regulations may prescribe methods to be used in the storage of fertilizers, and the stora…

(1) The department may classify licenses to be issued under this chapter. The classifications may include but not be limited to ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classifications may be specified as to ground, aerial,…

(1) No person shall engage in the business of applying pesticides to the lands of another within this state at any time without a pesticide operator's license issued by the department. The department shall require an annual fee of one hundred dollars ($100) for each pesticide ope…

(1) Except as provided in KRS 217B.090, it shall be unlawful for any person to act as an employee of a pesticide operator or dealer and apply pesticides without having obtained an applicator's license from the department. An applicator's license shall be in addition to any other …

Issuance to qualifying incarcerated persons -- Waiver of fees. (1) It shall be unlawful for any person to act as a noncommercial applicator without having obtained a noncommercial applicator license from the department. Any person applying for a noncommercial applicator's license…

records. (1) No person shall act in the capacity of a dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a dealer without having registered as a dealer with the department. (2) Application for a dealer registration shall be in the for…

Each dealer shall be responsible for the actions of every person who acts as his employee or agent in the solicitation or sale of restricted use pesticides, and in all claims and recommendations for use or application of restricted use pesticides.

(1) If the application for renewal of any license or registration provided for in this chapter is not filed prior to the renewal date established by the department, a penalty of twenty-five percent (25%) shall be assessed and added to the original fee and shall be paid by the app…

modification of license or registration -- Causes. The department may assess civil penalties as provided by KRS 217B.193, or may suspend, revoke, delay issuing, or modify the provision of any license or registration issued under this chapter, if it finds that the applicant or hol…

(1) The department shall not issue or renew a dealer registration to a dealer applying pesticides to the lands of others until the applicant has furnished evidence of financial responsibility with the department consisting either of a surety bond or a liability insurance policy, …

contents -- Effect -- Inspection of damaged property. (1) Investigations into claims of pesticide misuse conducted by the department shall occur only when the applicator of the pesticide is required by this chapter and related administrative regulations to obtain a license to use…

The department shall require licensees to maintain records with respect to applications of pesticides. Such relevant information as the department may deem necessary may be specified by regulation. Such records shall be kept for a period of three (3) years from the date of the ap…

The department may provide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.

(1) The provisions of KRS 217B.020 to 217B.180 relating to licenses or registration and requirements for their issuance shall not apply to any farmer owner of ground equipment applying nonrestricted use pesticides for himself or his farmer neighbors if he applies the pesticides f…

Supervision of sale or distribution of pesticides restricted to licensees. (1) The department shall establish a licensure program for pesticide sales agents. (2) Application for a pesticide sales agent license shall be in the form and shall contain information prescribed by the d…

registration valid. (1) The department shall establish and administer a program to register trainees. (2) A dealer shall not employ a trainee to apply pesticides manually or as the applicator directly in charge of any equipment that is licensed or should be licensed under the pro…

of restricted use pesticides. (1) No person shall discard or store any pesticide or pesticide containers in a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects, or to pollute any waterway in a way harmful to any wildlife. (2) No p…

schedule. (1) If any of the requirements of this chapter or administrative regulations promulgated under this chapter have not been complied with, the department shall cause a notice of violation to be issued. The department may issue an order for immediate compliance and assess …

(1) No person engaged in farming who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, shall be responsible or liable without proof …

Any person aggrieved by any action of the department may obtain a review thereof by filing in the Franklin Circuit Court within thirty (30) days of notice of the action a written petition praying that the action of the department be set aside. A copy of such petition shall forthw…

(1) All hearings required by KRS 217B.010 to 217B.990 shall be conducted in accordance with KRS Chapter 13B. (2) Appeals may be taken from all final orders of the department to the Franklin Circuit Court in accordance with KRS Chapter 13B.

courses, and other materials. (1) The department may publish information and conduct short courses of instruction in the safe use and application of pesticides. (2) The department shall, at least once each year, review and update, to incorporate current information, the license e…

The department may issue subpoenas to compel the attendance of witnesses or production of books, documents, and records anywhere in the state in any hearing affecting the authority or privilege granted by a license or registration issued under the provisions of this chapter.

(1) For the purpose of carrying out the provisions of this chapter, the department or any of its employees may enter upon any public or private premises at reasonable times, in order: (a) To have access for the purpose of inspecting any equipment subject to this chapter and such …

The department may cooperate or enter into formal agreements with any other agency or educational institution of this state or its subdivisions or with any agency of any other state or of the federal government for the purpose of carrying out the provisions of this chapter and of…

Establishment of department's authority for the regulation of pesticides sold and used in the Commonwealth. (1) The Commonwealth of Kentucky hereby determines that the citizens of the state benefit from a system of safe, effective, and scientifically sound fertilizer and pesticid…

As used in KRS 217B.500 to 217B.585 unless the context requires otherwise: (1) "Applicant" means any person applying for a license; (2) "Applicator" means a licensed person who makes pesticide applications; (3) "Board" means the Structural Pest Management Advisory Board; (4) "Car…

(1) There shall be established a six (6) member Structural Pest Management Advisory Board which shall consist of the following members: (a) President of the KPMA or the president's designated representative from the association's membership; (b) One (1) member of the KPMA appoint…

The Structural Pest Management Advisory Board shall have the following powers and duties: (1) Review commercial structural pest management and commercial structural fumigation enforcement proceedings and to make written recommendations to the department; (2) Hold hearings on the …

(1) No person shall engage in structural pest management or structural fumigation without first obtaining a license from the department certifying competence to make commercial or noncommercial pesticide applications. (2) A separate examination and license is required to operate …

management company. (1) The department shall not issue or renew a structural pest management company registration until the applicant has furnished to the department satisfactory evidence of financial responsibility consisting of a liability insurance policy or certification of t…

Applicants for an operator's license shall be required to: (1) Be a legal resident of the United States; (2) Be at least eighteen (18) years of age; and (3) Have at least two (2) years of verified experience in structural pest management. A person with a bachelor's degree, a mast…

management operator -- Fee -- Waiver for person licensed under KRS 217B.530. (1) Except as provided in this chapter, it shall be unlawful for any person to act as an employee of a structural pest management operator and apply pesticides without having obtained an applicator's lic…

(1) Application for an operator's license shall be submitted on a form furnished by the department, and shall be filed no later than thirty (30) days in advance of the next examination date. (2) The department shall notify the applicant within ten (10) days of the examination dat…

management and commercial structural fumigation. (1) Operator licensing examinations for commercial structural pest management and commercial structural fumigation shall be given at least two (2) times per year. (2) All license testing fees shall be established in administrative …

Licenses not transferable or assignable -- Description of examination requirements -- Annual registration -- Fees. (1) There shall be at least one (1) operator license holder per structural pest management company. The department shall require an annual fee of one hundred dollars…

(1) The Commonwealth of Kentucky hereby determines that the citizens of the state benefit from a system of safe, effective, and scientifically sound pesticide regulation. The Commonwealth further finds that a system of pesticide regulation which is consistent, coordinated, and co…

department -- Fee -- Proof of financial responsibility required. (1) No person shall act in the capacity of a structural pest management company, or shall engage or offer to engage in the business of, advertise as, or assume to act as a structural pest management company, without…

of application. The department shall, after denying an application for a license, if petitioned by the applicant within ten (10) days of notification, schedule a hearing before the Structural Pest Management Advisory Board. The hearing shall be conducted in accordance with KRS Ch…

license issued under KRS 217B.515 to 217B.520 -- -- Procedure -- Waiting period for eligibility for reapplication. (1) The department may issue a notice of its intent to suspend, revoke, or modify the provision of any license issued under KRS 217B.515 to 217B.520 if it finds that…

The following acts are declared to be a violation of KRS 217B.515 to 217B.585: (1) Using any material or pesticide that is not labeled for the purpose of structural pest management; (2) Failure of a licensed operator or applicator to comply with any of the provisions of this chap…

(1) No person shall discard or store any pesticide or pesticide containers in a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or to pollute any waterway in a way harmful to any wildlife therein. (2) No person shall purchase, use,…

Structural pest management companies shall register trainees with the department for a fee of twenty-five dollars ($25). The department may promulgate administrative regulations to establish additional requirements for trainees.

Administrative regulations. Identification of structural pest management company vehicles shall be subject to administrative regulations promulgated by the department.

to examine, test, and inspect. (1) Each structural pest management company and employer of a noncommercial applicator shall be responsible for the actions of every person who acts as its employee or agent in performing structural pest management services. (2) The department shall…

All fees collected by the department for licensing and examinations shall be deposited in the State Treasury to the credit of a revolving fund for the use of the department in enforcing the provisions of KRS 217B.515 to 217B.585 and for the expense of carrying out the duties and …