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Form a Business

FERTILIZER AND PESTICIDE USE AND APPLICATION

KRS tit. XVIII, ch. 217B
in effect

KRS 217B.010 Title for chapter

217B.010. Title for chapter This chapter shall be known as the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act of 1996." Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 171, sec. 1, effective July 15, 1996. -- Created 1972 Ky. Acts ch. 130, sec. 1.

KRS 217B.020 Administration of KRS Chapter 217B

217B.020. Administration of KRS Chapter 217B This chapter shall be administered by the Department of Agriculture, hereinafter referred to as the department. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 295, sec. 62, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 148, sec. 1. -- Created 1972 Ky. Acts ch. 130, sec. 2.

KRS 217B.030 Purpose of chapter

217B.030. Purpose of chapter 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 designated by the department by administrative regulation. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 171, sec. 2, effective July 15, 1996 -- Amended 1974 Ky. Acts ch. 148, sec. 2. -- Created 1972 Ky. Acts ch. 130, sec. 3.

KRS 217B.040 Definitions for chapter

217B.040. Definitions for chapter 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, but does not include on-premises and off-premises bulk storage or receiving warehouses used solely for the purpose of customer order filling; (3) "Dealer" means any person that engages in the storage of bulk fertilizer or a restricted use pesticide for the purpose of redistribution or direct resale, or engages in the business of applying any pesticide to the lands of another. A "dealer" does not include a manufacturer of a fertilizer or a restricted use pesticide who distributes his or her product solely to a dealer; (4) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission; (5) "Department" means the Kentucky Department of Agriculture; (6) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues; (7) "Direct supervision" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified operator or certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified operator or certified applicator is not physically present at the time and place the pesticide is applied; (8) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive, and, having received, deliver or offer to deliver any pesticides in this state excepting internal distribution within a company or organization; (9) "EPA" means the United States Environmental Protection Agency; (10) "Equipment" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in the land, but shall not include any pressurized hand-sized household device used to apply any pesticide; (11) "Fertilizer" means any substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by administrative regulation; (12) "Fungi" means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll- bearing plants of a lower order than mosses and liverworts, as for example, rusts, smuts, mildews, molds, yeasts, bacteria, and viruses, except those on or in living humans or other living animals, and except those in or on processed food, beverages, or pharmaceuticals; (13) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six (6) legged, usually winged forms, as for example, beetles, bugs, bees, wasps, and flies, and includes other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice, and also nematodes and other worms, and any other invertebrates which are destructive, constitute a liability, and may be classed as pests; (14) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or to any of its containers or wrappers; (15) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices, and contrivances and machinery appurtenant to or situated on them, fixed or mobile, including any used for transportation; (16) "Livestock" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; (17) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts, and may also be called nemas or eelworms; (18) "Noncommercial applicator" means any licensed individual making applications of pesticides to lands owned, occupied, or managed by his or her employer; (19) "Noncommercial license" means a license that is issued by the department for noncommercial use, and shall be valid only when an individual is making applications of pesticides to lands owned, occupied, or managed by his or her employer; (20) "Person" means any individual, partnership, association, or any organized group of persons, whether incorporated or not; (21) "Pest" means: (a) Any insect, snail, slug, rodent, nematode, fungus, or weed; or (b) Any other form of plant or animal life, or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living humans or other living animals, which is normally considered to be a pest, or which the department declares to be a pest; (22) "Pesticide" means: (a) Any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest; (b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; or (c) Any substance or mixture of substances intended to be used as a spray adjuvant, once they have been mixed with an EPA-registered product; (23) "Pesticide applicator" means any individual employed or supervised by a pesticide operator to apply pesticides. The term does not include trainees; (24) "Pesticide operator" means any individual who owns or manages a pesticide application business that is engaged in the business of applying pesticides upon the lands of another; (25) "Pesticide sales agent" means an individual who is employed by a dealer and supervises the sale or distribution of restricted use pesticides to the final user; (26) "Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments; (27) "Restricted use pesticide" means any pesticide classified for restricted use by the administrator of the EPA, or by administrative regulation of the department; (28) "Snails or slugs" include all harmful mollusks; (29) "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect of it, and which is in a package or container separate from that of the other pesticide with which it is to be used; (30) "Trainee" means an individual who has been employed by a dealer and is working under the direct supervision of a licensed operator or applicator; (31) "Weed" means any plant which grows where not wanted; and (32) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this chapter, pests, including but not limited to mammals, birds, and aquatic life. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 84, sec. 1, effective June 29, 2021. -- Amended 2017 Ky. Acts ch. 129, sec. 13, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 172, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 171, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 250, sec. 1, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 148, sec. 3. -- Created 1972 Ky. Acts ch. 130, sec. 4.

KRS 217B.050 Authority for administrative regulations

217B.050. Authority for administrative regulations (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 storage and application of pesticides. Where the department finds that the administrative regulations are necessary to carry out the purpose and intent of this chapter, the administrative regulations may relate to the time, place, manner, and method of storage and application of pesticides and fertilizers, may restrict or prohibit use of pesticides in designated areas during specified periods of time, and shall encompass all reasonable factors which the department deems necessary to prevent damage or injury by drift or misapplication to: (a) Plants, including forage plants, on adjacent or nearby lands; (b) Wildlife in the adjoining or nearby areas; (c) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and (d) Pollinating insects, animals, or persons. (2) In promulgating the administrative regulations, the department shall give consideration to pertinent research findings and recommendations of other agencies of this state and of the federal government. (3) The department may by administrative regulation adopt a list of "restricted use pesticides" for the state or for designated areas within the state if it finds that the characteristics of the pesticides require restricting their use to prevent injury on lands other than the land to which they are applied, or to persons, animals, crops, or pests or vegetation other than the pests or vegetation which they are intended to destroy. For the purpose of uniformity of requirements between the states and the federal government, the department may adopt the list of "restricted use pesticides" as established by the Environmental Protection Agency or other federal or state agencies. (4) The department may establish additional classifications of applicator or operator licenses as required for conformance with the Federal Environmental Pesticide Control Act of 1972. The classifications may include private farmer applicators, commercial establishment applicators, and government employee applicators not specifically mentioned in this chapter. The administrative regulations may specify licensing conditions, procedures, and fees. (5) In addition to the fees authorized in subsection (4) of this section, the department may, by administrative regulation, establish fees for carrying out the provisions required or authorized by this chapter. (6) In addition to other authority conferred by statute, the department shall develop a regulatory program for regulating application and notice of application of pesticides for lawn care and mosquito control. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 2, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 123, sec. 1, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 172, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 171, sec. 4, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 295, sec. 63, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 148, sec. 4. -- Created 1972 Ky. Acts ch. 130, sec. 5.

KRS 217B.060 Licenses -- Classification -- Application requirements -- Expiration

217B.060. Licenses -- Classification -- Application requirements -- Expiration (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, or manual methods used by any licensee to apply pesticides. Each classification shall be subject to separate testing procedures and requirements. (2) Application for a license shall be made in writing to the department on a designated form obtained from the department. Each application for a license shall contain information regarding the applicant's qualifications and proposed operations, and license classification or classifications the applicant is applying for, and shall include the following: (a) The full name of the person applying for the license; (b) If the applicant is a receiver, trustee, firm, partnership, association, corporation, or other organized group of persons whether or not incorporated, the full name of the receiver or trustee, the full name of each member of the firm or partnership, or the names of the officers of the association, corporation, or group; (c) The principal business address of the applicant in the state and elsewhere; (d) The name and address of a person, who may be the Secretary of State, whose domicile is in the state, and who is authorized to receive and accept services of summons and legal notice of all kinds for the applicant; and (e) Any other necessary information prescribed by the department. (3) The department shall require an applicant for a license to show upon examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides in the classifications he or she has applied for. The applicant shall also demonstrate a knowledge of the proper use of and calibration of the various equipment that he or she may have applied for a license to operate, including any pressurized, hand-sized devices. The examination shall require a working knowledge of: (a) The proper use of the equipment; (b) The hazards that may be involved in applying pesticides, including: 1. The effect of drift of the pesticides on adjacent and nearby lands and other nontarget organisms; 2. The proper meteorological conditions for the application of pesticides and the precautions to be taken; 3. The effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them; 4. The effect of the application of pesticides to wildlife in the area, including aquatic life; 5. The identity and classification of pesticides used and the effects of their application in particular circumstances; and 6. The likelihood of contamination of water or injury to persons, plants, livestock, pollinating insects, and vegetation; (c) Calculating the concentration of pesticides to be used in particular circumstances; (d) Identification of pests to be controlled by common name only and the damages caused by the pests; (e) Protective clothing and respiratory equipment required during the handling and application of pesticides; (f) General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment that the applicant proposes to use; and (g) Applicable state and federal pesticide laws and regulations. (4) If the department finds the applicant qualified to apply pesticides in the classifications he or she has applied for, if the applicant files the bond or insurance required under KRS 217B.130, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency and the Transportation Cabinet to operate the equipment described in the application, the department shall issue a pesticide applicator license limited to the classifications for which he or she is qualified, which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior to that by the department for cause, or the financial security required under KRS 217B.130 is not dated to expire at an earlier date, in which case the license shall be dated to expire upon the expiration date of the financial security. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 3, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 3, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 5. -- Created 1972 Ky. Acts ch. 130, sec. 6.

KRS 217B.070 Operator's license -- Fees

217B.070. Operator's license -- Fees (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 operator's license issued. (2) No license shall be issued unless the applicant holds a valid certification within this category. (3) No license shall be issued unless the applicant is registered as a dealer or is employed by a person who is registered as a dealer. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 4, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 4, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 384, sec. 69, effective July 17, 1978. -- Amended 1974 Ky. Acts ch. 148, secs. 1 and 6. -- Created 1972 Ky. Acts ch. 130, sec. 7.

KRS 217B.080 Applicator's license -- Fees -- Aerial applications

217B.080. Applicator's license -- Fees -- Aerial applications (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 license or permit required by law. Any person applying for an applicator's license shall file an application on a form prescribed by the department on or before January 1 of each year. Application for a license to apply pesticides shall be accompanied by a license fee of twenty-five dollars ($25). The provisions of this section shall not apply to any individual who has passed the examination provided for in KRS 217B.060(3), and is a licensed pesticide operator. If the department finds the applicant qualified to apply pesticides in the classifications he has applied for after examinations as provided for in KRS 217B.060(3), and if the applicant applying for a license to engage in aerial applications of pesticides has met all of the requirements of the Federal Aviation Agency and the Transportation Cabinet to operate the equipment described in the application, the department shall issue a pesticide applicator license limited to the classifications for which he is qualified which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior to that by the department for cause as provided for in KRS 217B.120. (2) No license shall be issued unless the applicant holds a valid certification within this category. (3) No license shall be issued unless the applicant is employed or supervised by a person who holds a valid operator's license. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 5, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 5, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 384, sec. 70, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 148, sec. 7. -- Created 1972 Ky. Acts ch. 130, sec. 8.

KRS 217B.090 Noncommercial applicator license -- Expiration -- Legal recourse -- Issuance to qualifying incarcerated persons -- Waiver of fees

217B.090. Noncommercial applicator license -- Expiration -- Legal recourse -- 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 shall file an application on a form prescribed by the department on or before January 1 of each year. The provisions of this section shall not apply to any individual who is a licensed pesticide operator or applicator. If the department finds the applicant qualified to apply pesticides, the department shall issue a noncommercial license for a fee of ten dollars ($10) to a noncommercial applicator, which shall be valid only when the individual is applying pesticides on land owned, occupied, or managed by his or her employer. The noncommercial applicator license shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior to that by the department for cause as provided for in KRS 217B.120. (2) Employers of noncommercial applicators shall be subject to legal recourse by any person damaged by the application of any pesticide, and the action may be brought in the county where the damage or some part of the damage occurred. (3) No license shall be issued unless the applicant holds a valid certification within this category. (4) A noncommercial license cannot be upgraded without retesting. (5) The department shall issue noncommercial applicator licenses to qualifying prison inmates and other incarcerated persons who are or will be engaged in the application of pesticides under the direction of the Department of Corrections. Fees for these persons shall be waived by the department. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 6, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 6, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 8. -- Created 1972 Ky. Acts ch. 130, sec. 9.

KRS 217B.105 Registration of pesticide dealers -- Fees -- Branch offices -- Required records

217B.105. Registration of pesticide dealers -- Fees -- Branch offices -- Required 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 form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of seventy-five dollars ($75). All registrations issued under this section shall expire on December 31 of the year for which they are issued. The registration for a dealer may be renewed annually upon application to the department, accompanied by a fee of seventy-five dollars ($75) for each registration, on or before the first day of January of the calendar year for which the registration is issued. (3) No person shall be registered as a dealer without proof of financial responsibility as required by KRS 217B.130. (4) A dealer shall register each branch office location. (5) Application for a branch office registration shall be in the form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of fifty dollars ($50). All registrations issued under this section shall expire on December 31. The registration for a branch office may be renewed annually upon application to the department, accompanied by a fee of fifty dollars ($50) for each registration, on or before the first of January of the calendar year for which the registration is issued. No branch office registration may be issued unless the applicant is registered as a dealer. (6) The department shall issue to each applicant who satisfies the requirements of this section a registration which entitles the applicant to conduct the business described in the application for the calendar year for which the registration is issued, unless the registration is sooner revoked or suspended. (7) The department shall promulgate administrative regulations requiring dealers to maintain records with respect to their operations as it determines are necessary for the effective enforcement of this chapter. The records shall include, but not be limited to, brands and amounts of restricted use pesticides sold, and the buyer's name, address, use of the pesticide, and certification number. Records required under this section shall extend to financial data, sales data, shipment data, and personnel data. The records are to be retained for a period of two (2) years from the time of sale. For the purposes of enforcing the provisions of this chapter, any dealer shall, upon request of the department, furnish or permit the department at all reasonable times to have access to, and to copy, records as required by this section. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 7, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 9, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 384, sec. 72, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 148, sec. 24.

KRS 217B.107 Dealer's responsibility

217B.107. Dealer's responsibility 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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 172, sec. 10, effective July 14, 2000. -- Created 1974 Ky. Acts ch. 148, sec. 25.

KRS 217B.110 License or registration -- Late renewal -- Penalty -- Reexamination

217B.110. License or registration -- Late renewal -- Penalty -- Reexamination (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 applicant before the renewal is issued. (2) Any person holding a current valid license may renew the license for the next year without taking another examination unless the department determines that new knowledge related to classifications for which the applicant has applied makes a new examination necessary. (3) No license will be issued or renewed unless certification is valid for the calendar year or the applicant has met training requirements that will allow for a renewal of certification within the calendar year for the license. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 131, sec. 1, effective July 14, 2022. -- Amended 2000 Ky. Acts ch. 172, sec. 13, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 10. -- Created 1972 Ky. Acts ch. 130, sec. 11.

KRS 217B.120 Assessment of civil penalties, suspension, revocation, delay, or modification of license or registration -- Causes

217B.120. Assessment of civil penalties, suspension, revocation, delay, or 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 holder has committed any of the following acts, each of which is declared to be a violation of this chapter: (1) Made a pesticide application not in accordance with the label registered by the department under KRS 217.541 to 217.640; (2) Applied known ineffective or improper materials; (3) Operated equipment not functioning as intended or designed by the manufacturer; (4) Operated equipment in a manner not intended or designed by the manufacturer; (5) Refused or, after notice, neglected to comply with the provisions of this chapter, the administrative regulations promulgated under this chapter, or of any lawful order of the department; (6) Refused or neglected to keep and maintain the records required by this chapter, or to make reports when and as required; (7) Made false records, invoices, or reports; (8) Made false representations in an application for a license or registration or renewal of a license or registration; (9) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license or registration; (10) Impersonated any state, county, or city inspector or official; (11) Made a sale to, or distributed a restricted use pesticide to, an unlicensed applicator; (12) Failed to obtain any license or registration required by this chapter; (13) Failed to obtain or maintain financial responsibility required by this chapter; (14) Failed to comply with the provisions of KRS 217B.190; or (15) Failed to provide direct supervision of a trainee by a licensed operator or applicator in the application of a pesticide. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 8, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 14, effective July 14, 2000. -- Amended 1992 Ky. Acts ch. 250, sec. 4, effective July 14, 1992. -- Amended 1978 Ky. Acts ch. 384, sec. 73, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 148, sec. 11. -- Created 1972 Ky. Acts ch. 130, sec. 12.

KRS 217B.130 Financial responsibility

217B.130. Financial responsibility (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, or certification of the bond or policy, protecting persons who may suffer legal damages as a result of the applicant. (2) The amount of the surety bond or liability insurance as provided for in this section shall be not less than one million dollars ($1,000,000). The surety bond or liability insurance shall be maintained at not less than that amount at all times during the licensed period. The department shall be notified ten (10) days prior to any reduction at the request of the applicant or cancellation of the surety bond or liability insurance by the surety or insurer. The total and aggregate of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy. The department may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding one thousand dollars ($1,000) for all applicators for the total amount of liability insurance or surety bond required. If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, the deductible clause shall not be accepted by the department unless the applicant furnishes the department with a security bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of pesticides. (3) Should the surety furnished become unsatisfactory, the applicant shall upon notice execute a new bond or insurance and shall he fail to do so, the department shall cancel the registration and it shall be unlawful for the person to engage in the business of applying pesticides until the bond or insurance is brought into compliance with the requirements of subsection (2) of this section and the registration is reinstated by the department. (4) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though the use conforms to the administrative regulations of the department. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 172, sec. 15, effective July 14, 2000. -- Amended 1980 Ky. Acts ch. 391, sec. 1, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 145, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 148, sec. 12. -- Created 1972 Ky. Acts ch. 130, sec. 13.

KRS 217B.140 Claim of damage -- When filed ---- Statement of alleged pesticide use, contents -- Effect -- Inspection of damaged property

217B.140. Claim of damage -- When filed ---- Statement of alleged pesticide use, 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 pesticides. (2) Any person claiming pesticide misuse by a pesticide applicator shall file with the department a written statement of alleged misuse. The statement shall be submitted to the department: (a) Within sixty (60) days after the date the alleged pesticide misuse occurred; or (b) Prior to the time that twenty-five percent (25%) of a crop affected by pesticide misuse is harvested. (3) A statement of alleged pesticide misuse shall contain: (a) The name of the person allegedly responsible for the pesticide application; (b) The name of the person who alleges misuse of pesticide; (c) The name of the owner or lessee of the land where the effects of the alleged pesticide application misuse are evident; and (d) The date on which the alleged pesticide misuse occurred. (4) The filing of a report or the failure to file a report need not be alleged in any complaint for damages resulting from pesticide misuse which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action. Failure to file a report shall not be a violation of this chapter. If the person failing to file the report is the only person injured from the misuse of a pesticide, the department may, when in the public interest, refuse to hold a hearing for the denial, suspension, or revocation of a license or registration issued under this chapter until the report is filed. (5) When pesticide misuse is alleged, the claimant shall permit the person allegedly responsible for the application of the pesticide, registration holder, and his or her representatives, such as a bondsman or insurer, to observe within reasonable hours, the lands upon which alleged effects of pesticide misuse is evident in order that the effects may be examined. Failure of the claimant to permit the observation and examination of the location of the alleged effects shall automatically bar the claim against the person allegedly responsible for the pesticide application misuse. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 84, sec. 9, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 16, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 13. -- Created 1972 Ky. Acts ch. 130, sec. 14.

KRS 217B.150 Records -- Time held

217B.150. Records -- Time held 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 application of the pesticide to which such records refer, and the department shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee. History: Amended 1974 Ky. Acts ch. 148, sec. 14. -- Created 1972 Ky. Acts ch. 130, sec. 15.

KRS 217B.160 Inspection of equipment

217B.160. Inspection of equipment 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. History: Amended 1974 Ky. Acts ch. 148, sec. 15. -- Created 1972 Ky. Acts ch. 130, sec. 16.

KRS 217B.180 Exemptions from licensing or registration

217B.180. Exemptions from licensing or registration (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 for his farmer neighbors without compensation other than trading of personal services. (2) The licensing or registration provisions of KRS 217B.020 to 217B.180 and KRS 217B.500 to 217B.585 shall not apply to any person: (a) Using handpowered equipment, devices, or contrivances to apply nonrestricted use pesticides to lawns, or to ornamental shrubs and trees not in excess of twelve (12) feet high, as an incidental part of his activity of taking care of his household lawn and yard or those of his neighbors, on the condition that the person shall not publicly hold himself out as being in the business of applying pesticides, and shall not accept compensation other than the trading of personal services for the activity; or (b) Using nonrestricted use pesticides to prevent, control, repel, or eliminate wood destroying organisms or general pests in, around, or outside his or her household for the purpose of mitigating threats to the structural integrity, the human occupancy, or the contents of such household, on the condition that the person shall not publicly represent himself or herself as being in the business of applying pesticides, and shall not accept compensation other than the trading of personal services for the activity. (3) KRS 217B.020 to 217B.180 shall not apply to operators presently licensed and regulated under the provisions of KRS 249.250 to 249.340 on June 17, 1978, except that if required by EPA regulations the persons may be issued, without additional fees or examination, an applicator's license to enable them to purchase and use restricted use pesticides in accordance with the requirements of the Federal Environmental Pesticide Control Act of 1972. (4) The registration provisions of KRS 217B.105 shall not apply to any noncommercial applicator. (5) The licensing provisions of KRS 217B.080 shall not apply to any trainee. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 10, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 18, effective July 14, 2000. -- Amended 1978 Ky. Acts ch. 81, sec. 18, effective June 17, 1978; and ch. 145, sec. 2, effective June 17, 1978. - - Amended 1974 Ky. Acts ch. 148, sec. 17. -- Created 1972 Ky. Acts ch. 130, sec. 18.

KRS 217B.185 Pesticide sales agent's license -- Application -- Fee -- Renewal -- Supervision of sale or distribution of pesticides restricted to licensees

217B.185. Pesticide sales agent's license -- Application -- Fee -- Renewal -- 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 department. Each application shall be accompanied by a fee of twenty-five dollars ($25). All licenses issued under this section shall expire on December 31 of the year issued. The license for a pesticide sales agent may be renewed annually upon application to the department, accompanied by a fee of twenty-five dollars ($25) for each license, on or before the first day of January of the calendar year for which the license is issued. (3) The department shall issue to each applicant who meets the requirements of this section a license that entitles the applicant to hold himself or herself out as a pesticide sales agent. (4) No person shall hold himself or herself out as a pesticide sales agent unless that person is licensed as provided for in this section. (5) No person shall supervise the sale or distribution of restricted use pesticides to the final user unless that person is licensed as provided for in this section. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 11, effective June 29, 2021. -- Created 2000 Ky. Acts ch. 172, sec. 11, effective July 14, 2000.

KRS 217B.187 Registration of dealer's trainees -- Application -- Fee -- Period registration valid

217B.187. Registration of dealer's trainees -- Application -- Fee -- Period 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 provisions of this chapter for the application of any pesticide without registering the trainee with the department. It shall be unlawful for any person to act as a trainee without being registered. (3) Application for a trainee registration shall be in the form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of twenty-five dollars ($25). (4) Trainee registration shall be valid for ninety (90) days and shall not be reissued or renewed. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 12, effective June 29, 2021. -- Created 2000 Ky. Acts ch. 172, sec. 12, effective July 14, 2000.

KRS 217B.190 Disposal and storage of pesticides -- Use not in accordance with label or of restricted use pesticides

217B.190. Disposal and storage of pesticides -- Use not in accordance with label or 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 person shall use any registered pesticide in a manner not in accordance with its label. (3) No person shall purchase, use, or supervise the use of, a restricted use pesticide unless the person is certified in a classification which permits the purchase, use, or supervision of use. (4) No person shall distribute a restricted use pesticide to a person who does not have the appropriate certification, registration, or license as prescribed in this chapter. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 172, sec. 19, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 18. -- Created 1972 Ky. Acts ch. 130, sec. 19.

KRS 217B.193 Notice of noncompliance -- Civil penalty assessment and development of schedule

217B.193. Notice of noncompliance -- Civil penalty assessment and development of 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 the civil penalty provided for in this section and in KRS 217B.990, or the department may set forth in his notice a reasonable time period, but not more than ninety (90) days, for the abatement of the violation. If any licensee or registration holder has not abated the violation within the period of time prescribed in the notice of violation, the department shall issue an order for immediate compliance and assess the civil penalty provided for in this section and in KRS 217B.990. The notice of noncompliance shall be mailed to the licensee or registration holder by certified mail, return receipt requested, addressed to the permanent address as shown on department records. The notice of noncompliance shall specify in what respect the licensee or registration holder has failed to comply with this chapter or administrative regulations promulgated under this chapter. If the licensee or registration holder has not complied with the requirements set forth in the notice of noncompliance within the time limit allowed, the license or registration may be revoked as provided in this chapter. (2) The department shall develop a method for calculating the civil penalty for a violation, or failure to abate a violation, within the prescribed time period as authorized by this section, and he shall promulgate a schedule of the civil penalties in an administrative regulation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 13, effective June 29, 2021. -- Amended 2000 Ky. Acts ch. 172, sec. 20, effective July 14, 2000. -- Created 1992 Ky. Acts ch. 250, sec. 2, effective July 14, 1992.

KRS 217B.195 Effect of use of pesticides or fertilizers -- Limit on liability for

217B.195. Effect of use of pesticides or fertilizers -- Limit on liability for (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 of negligence or lack of due care, for any damages or response costs relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from the application or use, provided that: (a) The application or use was in a manner consistent with the labeling of the fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of the application or use; (b) The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of the approval, recommendation, or permit were violated, or that warnings or limitations regarding the application or use were ignored; and (c) The fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of the application or use and the person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered the application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where the application or use took place. (2) For the purposes of this section, farming means the cultivation of land used for the production of agricultural crops, livestock or livestock products, forestry or forestry products, milk or dairy products, poultry or poultry products, aquaculture or aquacultural products, and horticulture or horticultural products. (3) Nothing in this section shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of the fertilizer, plant growth regulator, or pesticide. (4) Any and all ordinances of any unit of local government now in effect or hereafter adopted that are in conflict with this section shall be void. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 307, sec. 6, effective July 13, 1990.

KRS 217B.200 Grievances -- Hearing

217B.200. Grievances -- Hearing 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 forthwith be delivered to the department, and within sixty (60) days thereafter the department shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the department, except that the findings of the department as to the facts, if supported by substantial evidence, shall be conclusive. History: Amended 1974 Ky. Acts ch. 148, sec. 19. -- Created 1972 Ky. Acts ch. 130, sec. 20.

KRS 217B.203 Hearings -- Appeal of department's order

217B.203. Hearings -- Appeal of department's order (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. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 14, effective June 29, 2021. -- Amended 1996 Ky. Acts ch. 318, sec. 130, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 250, sec. 3, effective July 14, 1992.

KRS 217B.210 Information and education -- Revision of license examinations, training courses, and other materials

217B.210. Information and education -- Revision of license examinations, training 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 examinations given by the department and all training courses approved by the department. (3) The department shall revise the license applications given by the department, all training courses approved by the department, and all educational materials to include information on preventing contamination of groundwater. Effective: Amended 1990 Ky. Acts ch. 307, sec. 3, effective July 13, 1990. -- Amended 1974 Ky. Acts ch. 148, sec. 20. -- Created 1972 Ky. Acts ch. 130, sec. 21.

KRS 217B.220 Issuance of subpoenas

217B.220. Issuance of subpoenas 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. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 172, sec. 21, effective July 14, 2000. -- Amended 1974 Ky. Acts ch. 148, sec. 21. -- Created 1972 Ky. Acts ch. 130, sec. 22.

KRS 217B.230 Inspection -- Search warrants

217B.230. Inspection -- Search warrants (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 premises on which such equipment is kept or stored; or (b) To inspect lands actually or reported to be exposed to pesticides; or (c) To inspect storage or disposal areas; or (d) To inspect or investigate complaints of injury to humans or land; or (e) To sample pesticides being applied or to be applied. (2) Should the department be denied access to any land where such access was sought for the purposes set forth in this chapter, the department may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for said purposes. The court may upon such application, issue the search warrant for the purposes requested. History: Amended 1974 Ky. Acts ch. 148, sec. 22. -- Created 1972 Ky. Acts ch. 130, sec. 23.

KRS 217B.250 Cooperation with governmental agencies and educational institutions

217B.250. Cooperation with governmental agencies and educational institutions 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 securing uniformity of regulations. History: Amended 1974 Ky. Acts ch. 148, sec. 23. -- Created 1972 Ky. Acts ch. 130, sec. 25.

KRS 217B.270 Prohibition against local regulation of fertilizer and pesticides -- Establishment of department's authority for the regulation of pesticides sold and used in the Commonwealth

217B.270. Prohibition against local regulation of fertilizer and pesticides -- 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 pesticide regulation. The Commonwealth further finds that a system of fertilizer and pesticide regulation which is consistent, coordinated, and comports with both federal and state technical expertise is essential to the public health, safety, and welfare, and that local regulation of fertilizer and pesticides does not materially assist in achieving these benefits. (2) No city, town, county, or other political subdivision of the Commonwealth shall adopt or continue in effect any ordinance, resolution, rule, or regulation regarding fertilizer regulated pursuant to KRS 250.371 and pesticide sale or use, including without limitation: registration, notification of use, advertising and marketing distribution, training, licensing, and certification, storage, transportation, disposal, disclosure of confidential information, or product composition. (3) Authority for the regulation of pesticides sold and used in the Commonwealth of Kentucky is hereby established in the department. (4) Nothing in this section shall be construed to: (a) Abrogate any authority afforded by the state statutes to any program cabinet established under KRS Chapter 12 or any state or federal mandated hazardous materials regulations or fire safety codes and comprehensive hazardous materials management program; (b) Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or (c) Waive any reporting requirement established by state or federal law or regulation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 15, effective June 29, 2021. -- Amended 2007 Ky. Acts ch. 17, sec. 1, effective June 26, 2007. -- Created 1992 Ky. Acts ch. 303, sec. 1, effective July 14, 1992.

KRS 217B.500 Definitions for KRS 217B.505 to 217B.585

217B.500. Definitions for KRS 217B.505 to 217B.585 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) "Carpenter ants" means those ants that damage wooden structures and are classified within the genus Camponotus; (5) "Carpenter bees" means those bees that damage wooden structures and are classified in the genus Xylocopa; (6) "Commercial pesticide application" means a pesticide application made by a licensed person or trainee employed by a structural pest management company on the property of another for a fee; (7) "Department" means the Kentucky Department of Agriculture; (8) "Direct supervision" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified operator or certified applicator who is responsible for the actions of that person and who is available if and when needed, even though such certified operator or certified applicator is not physically present at the time and place the pesticide is applied; (9) "General pests" means any arthropods, mollusks, annelid worms, rodents, or other pestiferous vertebrate animals, vermin, or fungi, excluding those defined in subsections (4), (5), (13), (16), and (20) of this section; (10) "KPMA" means the Kentucky Pest Management Association, Inc; (11) "License" means an instrument issued by the department that certifies a person is competent to make pesticide applications in a structural pest management category; (12) "Noncommercial pesticide application" means pesticide applications made by an applicator, in the course of employment, on property owned, occupied, or managed by the applicator or his or her employer; (13) "Office" means any location where the application records or pesticide inventory of a structural pest management company are stored; (14) "Old house borer" means the cerambycid beetle Hylotrupes bajalus (L.); (15) "Operator" means a licensed person who manages a structural pest management company and makes pesticide applications or supervises applicators or trainees making pesticide applications; (16) "Powder post beetle" means the beetles that damage wooden structures and are classified within the families Lyctidae, Bostrichidae, or Anobiidae; (17) "Structural fumigation" means the use of poisonous gases for the control of general pests and wood destroying organisms in enclosed structures; (18) "Structural pest management" means the use of pesticides to prevent, control, repel, or eliminate wood destroying organisms or general pests in, around, or outside structures for the purpose of mitigating threats to structural integrity, the human occupancy, or the contents of such structures; (19) "Structural pest management company" means any company that provides commercial structural pest management or commercial structural fumigation services for a fee; (20) "Termite" means the eastern subterranean termite, Reticulotermes flavipes (Kollar), the southeastern subterranean termite, R. virginicus Banks, or the light southeastern subterranean termite, R. hageni Banks; (21) "Trainee" means an unlicensed person employed by a structural pest management company to make pesticide applications; and (22) "Wood destroying organisms" means those organisms that cause damage to the wood used in the construction of structures including the insects defined under subsections (4), (5), (13), (16), and (20) of this section. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 84, sec. 16, effective June 29, 2021. -- Amended 1980 Ky. Acts ch. 295, sec. 65, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 81, sec. 1, effective June 17, 1978.

KRS 217B.505 Structural Pest Management Advisory Board

217B.505. Structural Pest Management Advisory Board (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 appointed by the Governor from a list of persons active in the structural pest management industry submitted by the KPMA. This member shall serve a two (2) year term; (c) The chairperson of the University of Kentucky Department of Entomology or the chairperson's designated representative; (d) One (1) other member of the University of Kentucky Department of Entomology appointed by the chairperson of the Department of Entomology; and (e) Two (2) members of the department staff appointed by the Commissioner of Agriculture. (2) When a vacancy occurs on the board, it shall be filled in the manner designated in subsections (1) to (5) of this section. (3) At the first meeting of the Structural Pest Management Advisory Board, a chairperson, a vice chairperson, and a secretary shall be elected for one (1) year. They shall serve at the pleasure of the board. The chairperson or the vice chairperson shall preside at all meetings and vote as any other member. The secretary of the board shall maintain accurate minutes of each meeting of the board. (4) Four (4) members of the board shall constitute a quorum and any action or order of the board shall require the presence of a quorum and the approval of a simple majority of the members present. (5) The board shall meet no less than two (2) times per year upon the call of the chairperson. The secretary of the board shall notify members of upcoming meetings ten (10) days prior to the meeting. However, three (3) members of the board may call a special meeting of the board on ten (10) days' notice to the other members. (6) Members of the board shall serve without compensation; however, members who are not employees of the Commonwealth shall be entitled to reimbursement by the department for actual expenses incurred in carrying out the duties of the board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 17, effective June 29, 2021. -- Amended 1990 Ky. Acts ch. 245, sec. 1, effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 295, sec. 66, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 81, sec. 2, effective June 17, 1978.

KRS 217B.510 Powers and duties of Structural Pest Management Advisory Board

217B.510. Powers and duties of Structural Pest Management Advisory Board 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 denial of an application for a license pursuant to KRS 217B.540; (3) Review the structural pest management licensing examinations; (4) Serve as a resource group to keep the department informed of current technical advancements in the structural pest management industry; and (5) Review and make recommendations to the department concerning statutes and administrative regulations, including any proposed revisions, affecting the structural pest management industry. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 18, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 250, sec. 5, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 295, sec. 67, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 81, sec. 3, effective June 17, 1978.

KRS 217B.515 Structural pest control management or structural fumigation licenses

217B.515. Structural pest control management or structural fumigation licenses (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 in each of the following categories: (a) Commercial structural pest management; (b) Commercial structural fumigation; (c) Noncommercial structural pest management; and (d) Any additional category the department shall designate on recommendation of the board. (3) Any person holding only a termite or a general pest control license or a fumigation license on or after June 17, 1978, may continue to operate in that category. That person may take the commercial structural pest management operator's license examination without jeopardizing his or her current license. Should the license of the license holder lapse or be revoked for any reason, the person, in order to be licensed again, shall be required to fulfill the requirements of KRS 217B.515 to 217B.545. (4) Licenses issued under this section shall expire annually. (5) The department may promulgate administrative regulations establishing other types of licenses certifying persons to engage in structural pest management and structural fumigation and providing for examinations to obtain those licenses. The department shall assess reasonable fees for licenses and the administration of examinations. Effective: June 29, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 84, sec. 19, effective June 29, 2021. -- Amended 1978 Ky. Acts ch. 81, sec. 4, effective June 17, 1978.

KRS 217B.516 Liability insurance requirements for registration as a structural pest management company

217B.516. Liability insurance requirements for registration as a structural pest 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 that policy. (2) The amount of the liability insurance as required in this section shall be not less than one million dollars ($1,000,000). The liability insurance shall be maintained at not less than that amount at all times during the registration period. The department shall be notified no less than ten (10) days prior to any reduction at the request of the applicant or cancellation of the liability insurance by the insurer. The total and aggregate of the insurer for all claims shall be limited to the face of the liability insurance policy. The department may accept a liability insurance policy which has a deductible clause against the total amount of liability insurance required if the clause does not specify an amount exceeding five thousand dollars ($5,000). If the applicant has not satisfied the requirements of the deductible amount in any prior legal claim, the deductible clause shall not be accepted by the department unless the applicant furnishes the department with a security bond or other liability insurance which shall satisfy the amount of the deductible as to all claims that may arise from his or her application of pesticides. (3) Should the surety furnished become unsatisfactory, the applicant shall, upon notice, execute a new insurance policy and if the applicant fails to do so, the department shall cancel the company's registration and it shall be unlawful for any person to act as an employee or agent of the company to engage in structural pest management until the insurance is brought into compliance with the requirements of subsection (2) of this section and the registration is reinstated by the department. (4) Nothing in this chapter shall be construed to relieve any person from liability for any damage to a person or their property caused by the use of pesticides even though the use conforms with this chapter and the administrative regulations promulgated thereunder. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 84, sec. 34, effective June 29, 2021.

KRS 217B.520 Qualifications of applicants for an operator's license

217B.520. Qualifications of applicants for an operator's license 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 master's degree or a doctoral degree in entomology from an accredited college or university shall qualify with no experience. Educational background shall be verified with official transcripts from the institution or institutions granting the degree. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 20, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 5, effective June 17, 1978.

KRS 217B.522 Applicator's license required for employee of structural pest management operator -- Fee -- Waiver for person licensed under KRS 217B.530

217B.522. Applicator's license required for employee of structural pest 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 license from the department. An applicator's license shall be in addition to any other license or permit required by law. Any person applying for an applicator's license shall file an application on a form prescribed by the department on or before January 1 of each year. Application for a license to apply pesticides shall be accompanied by a license fee of twenty-five dollars ($25). The provisions of this section shall not apply to any individual who has passed the examination provided for in KRS 217B.530, and is a licensed operator. (2) No license shall be issued unless the applicant holds a valid certification within this category. (3) No license shall be issued unless the applicant is employed by a structural pest management company or is supervised by a person who holds a valid operator's license. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 84, sec. 37, effective June 29, 2021.

KRS 217B.525 Application for operator's license

217B.525. Application for operator's license (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 date whether or not the applicant has passed the examination. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 21, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 6, effective June 17, 1978.

KRS 217B.530 Operator licensing examinations for commercial structural pest management and commercial structural fumigation

217B.530. Operator licensing examinations for commercial structural pest 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 regulations promulgated by the department. (3) Examinations shall be given to all qualified applicants. No oral examinations shall be given. (4) The commercial structural pest management operator's examination shall consist of no less than two hundred sixty (260) written questions and identification of no less than forty (40) wood destroying organisms and general pests. The commercial structural fumigation operator's examination shall consist of no less than eighty (80) written questions and identification of no less than twenty (20) wood destroying organisms and general pests. (5) The licensing examination shall be a timed examination. Five (5) hours shall be allowed for the commercial structural pest management examination and two (2) hours for the commercial structural fumigation examination. (6) The applicant must achieve a grade of at least 70% correct on the written questions and at least 70% correct on the identification to pass the licensing examination. The applicant must take and pass the entire examination to become licensed. (7) The commercial structural pest management operator's examination and all other structural pest management license examinations shall serve as the examinations necessary to fulfill federal commercial pesticide applicator certification requirements, including industrial, institutional, structural and health related pest control, and the commercial structural fumigation operator's examination and all other fumigation license examinations shall serve as the examinations necessary to fulfill federal commercial pesticide applicator certification requirements for nonsoil fumigation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 22, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 7, effective June 17, 1978.

KRS 217B.535 Operator license holder for structural pest management company -- Licenses not transferable or assignable -- Description of examination requirements -- Annual registration -- Fees

217B.535. Operator license holder for structural pest management company -- 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 ($100) for each operator's license issued. (2) A license issued by the department shall not be transferable or assignable. Structural pest management companies shall annually register and pay a fee of fifty dollars ($50) for each office. (3) Every nonresident operator, applicator, and structural pest management company shall designate a resident agent upon whom service of process may be made to enforce the provisions of KRS 217B.515 to 217B.585. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 23, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 8, effective June 17, 1978.

KRS 217B.537 Local regulation of pesticides prohibited

217B.537. Local regulation of pesticides prohibited (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 comports with both federal and state technical expertise is essential to public health, safety, and welfare, and that local regulation of pesticides does not materially assist in achieving these benefits. (2) The authority for regulation of pesticides sold and used in the Commonwealth of Kentucky is hereby established in the Department of Agriculture. (3) Nothing in this section shall be construed to: (a) Abrogate any authority afforded by the state statutes to any program cabinet established and defined in KRS Chapter 12 or any state or federal mandated hazardous materials regulations or fire safety codes and comprehensive hazardous materials management program; (b) Abrogate the planning and zoning authority granted local government pursuant to KRS Chapter 100; or (c) Waive any reporting requirement established by state or federal law or regulation. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 84, sec. 35, effective June 29, 2021.

KRS 217B.538 Structural pest management company required to register with the department -- Fee -- Proof of financial responsibility required

217B.538. Structural pest management company required to register with the 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 having registered as such with the department. (2) Application for a structural pest management company registration shall be in the form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of seventy-five dollars ($75). All registrations issued under this section shall expire on December 31 of the year for which they are issued. The registration for a structural pest management company may be renewed annually upon application to the department, accompanied by a fee of seventy-five dollars ($75) for each registration, on or before the first day of January of the calendar year for which the registration is issued. (3) No person shall be registered as a structural pest management company without proof of financial responsibility as required by KRS 217B.516. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 84, sec. 36, effective June 29, 2021.

KRS 217B.540 Hearing before Structural Pest Management Advisory Board on denial of application

217B.540. Hearing before Structural Pest Management Advisory Board on denial 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 Chapter 13B. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 24, effective June 29, 2021. -- Amended 1996 Ky. Acts ch. 318, sec. 126, effective July 15, 1996. -- Created 1978 Ky. Acts ch. 81, sec. 9, effective June 17, 1978.

KRS 217B.545 Suspension, revocation, or modification of applicator's or manager'sany license issued under KRS 217B.515 to 217B.520 -- -- Procedure -- Waiting period for eligibility for reapplication

217B.545. Suspension, revocation, or modification of applicator's or manager'sany 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 licensee has committed any of the acts set forth in KRS 217B.550. (2) The license holder shall have ten (10) days upon the receipt of a notice of intent to suspend, revoke, or modify a license to request a hearing. The hearing shall be conducted in accordance with KRS Chapter 13B. (3) If a hearing is not requested as provided for in subsection (2) of this section, the department may suspend, revoke, or modify the license once the ten (10) day hearing request filing period has passed. (4) Any person whose license is revoked under the provisions of this section shall not be eligible to apply for a new license until time has elapsed from the date of the final order revoking the license as established by the department, not to exceed two (2) years, or if an appeal is taken from the final order or revocation, not to exceed two (2) years from the date of the final order or final judgment sustaining the revocation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 25, effective June 29, 2021. -- Amended 1996 Ky. Acts ch. 318, sec. 127, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 250, sec. 6, effective July 14, 1992. -- Created 1978 Ky. Acts ch. 81, sec. 10, effective June 17, 1978.

KRS 217B.550 Violations of KRS 217B.515 to 217B.585

217B.550. Violations of KRS 217B.515 to 217B.585 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 chapter or any reasonable rule or regulation promulgated by the department; (3) Failure of any person to pay a fine or comply with an order issued by the department; (4) Failure to renew any required registration or pay any licensing fees; (5) Failure to obtain required continuing education units through training courses approved by the department; (6) Making a pesticide application not in accordance with the label registered by the department under KRS 217.542 to 217.640; (7) Storing or discarding a pesticide or pesticide container in a manner prohibited under KRS 217B.555; (8) Operating equipment not functioning as intended or designed by the manufacturer; (9) Operating equipment in a manner not intended or designed by the manufacturer; (10) Failure to keep and maintain the records required by the department, or to make reports when and as required; (11) Making false records, invoices, or reports; (12) Making an application of a pesticide by a trainee without having a licensed person providing direct supervision; (13) Making false representations in an application for a license or renewal of a license; (14) Failure to comply with any limitations or restrictions placed on a license issued by the department; (15) Impersonating any state, county, or city inspector or official; (16) Failure to obtain any license or make any registration required by this chapter; and (17) Failure to obtain or maintain liability insurance as required by this chapter. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 26, effective June 29, 2021. -- Amended 1980 Ky. Acts ch. 188, sec. 219, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 81, sec. 11, effective June 17, 1978.

KRS 217B.555 Pesticide storage restrictions -- Restricted use pesticides

217B.555. Pesticide storage restrictions -- 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, pollinating insects or to pollute any waterway in a way harmful to any wildlife therein. (2) No person shall purchase, use, or supervise the use of, a restricted use pesticide unless that person be licensed in a category which permits that purchase, use, or supervision of use. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 27, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 12, effective June 17, 1978.

KRS 217B.560 Training of personnel -- Administrative regulations

217B.560. Training of personnel -- Administrative regulations 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. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 28, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 13, effective June 17, 1978.

KRS 217B.565 Identification of structural pest management company vehicles -- Administrative regulations

217B.565. Identification of structural pest management company vehicles -- Administrative regulations Identification of structural pest management company vehicles shall be subject to administrative regulations promulgated by the department. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 29, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 14, effective June 17, 1978.

KRS 217B.570 Responsibility for actions of employee or agent -- Department's authority to examine, test, and inspect

217B.570. Responsibility for actions of employee or agent -- Department's authority 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 have authority at reasonable times during regular business hours to examine and test any and all chemicals stored for the purpose of being used for prevention or control of wood destroying organisms or general pests. (3) The department shall have the authority to inspect equipment and all storage and disposal areas. (4) The department shall have the authority at reasonable times during regular business hours to inspect and observe the manner in which a particular pesticide is applied to ensure that it is being done according to the registered label. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 30, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 15, effective June 17, 1978.

KRS 217B.580 Disposition of fees collected by the department

217B.580. Disposition of fees collected by the department 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 functions of the Structural Pest Management Advisory Board. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 31, effective June 29, 2021. -- Created 1978 Ky. Acts ch. 81, sec. 17, effective June 17, 1978. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, A, 21, (1) at 2059.

KRS 217B.585 Actions for enforcement

217B.585. Actions for enforcement It shall be the duty of the department, or upon the request of the Commissioner of Agriculture, of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 217B.990, and to bring an action for an injunction against any person violating or threatening to violate any provision of this chapter or violating or threatening to violate any administrative regulation, order, or determination of the department promulgated pursuant thereto. In any such action any finding of the department shall be prima facie evidence of the fact or facts found therein. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 32, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 250, sec. 8, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 295, sec. 68, effective July 15, 1980. -- Created 1978 Ky. Acts ch. 81, sec. 19, effective June 17, 1978.

KRS 217B.990 Penalties for chapter

217B.990. Penalties for chapter (1) Any person who violates any of the provisions of this chapter or who fails to perform any duties imposed by those sections, or who violates any determination or order of the department promulgated pursuant thereto shall be liable to a civil penalty of not to exceed the sum of one thousand dollars ($1,000) for that violation, and an additional civil penalty of not to exceed one thousand dollars ($1,000) for each day during which the violation continues, and in addition, may be enjoined from continuing the violations as provided in this section. The penalties shall be recoverable in an action brought in the name of the Commonwealth of Kentucky by the department, or upon the department's request by the Attorney General. (2) Any person who fails to abate a violation within the time period prescribed by administrative regulation for the abatement shall be assessed a civil penalty of not less than one hundred dollars ($100). Each day of continuing violation may be deemed a separate violation for the purpose of penalty assessment. The Commissioner shall develop a method for calculating monetary penalties and shall promulgate a schedule of the penalties in an administrative regulation. The penalty shall be recoverable in an action brought in the name of the Commonwealth. All sums of recovery shall be placed in the State Treasury. A license holder shall have thirty (30) days from notification of the penalty assessment to request a hearing. (3) Any person who shall willfully violate any of the provisions of this chapter or any determination or order of the department promulgated pursuant to those sections which have become final shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment for a term of not more than one (1) year, or by both fine and imprisonment for each separate violation. Each day upon which such violation occurs shall constitute a separate violation. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 84, sec. 33, effective June 29, 2021. -- Amended 1992 Ky. Acts ch. 250, sec. 7, effective July 14, 1992. -- Amended 1980 Ky. Acts ch. 295, sec. 69, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 81, sec. 19. -- Amended 1976 Ky. Acts ch. 289, sec. 6. -- Amended 1974 Ky. Acts ch. 148, sec. 28. -- Created 1972 Ky. Acts ch. 130, sec. 26.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38260Fetched: 10/20/2026

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