2-2438a. Definitions. As used in this act, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them in this section: (a) “Animal” means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish and shellfish. (b) “Department” means the Kansas department of […]
2-2439. Administration of act; rules and regulations. The secretary is hereby authorized and empowered to administer and enforce the provisions of this act. The secretary is authorized to promulgate rules and regulations designating certain pesticides as restricted use pesticides. The secretary shall have the authority, by rules and regulations, to make any additional changes in […]
2-2440. Unlawful acts; pesticide business license, requirements and fees, exemptions; government agency registration, exemptions; license and registration renewals. (a) Subject to the provisions of subsection (d), it is unlawful for any pesticide business which has not been issued a pesticide business license to: (1) Advertise, offer for sale, sell or perform any service for the […]
2-2440a. Pesticide business licensee requirements. (a) A pesticide business licensee applying pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests shall ensure that registered pest control technicians who handle, mix or apply pesticides have been trained as provided in this act. The pesticide business licensee shall […]
2-2440b. Unlawful acts; pest control technician registration, requirements and fees. (a) It shall be unlawful for any pesticide business licensee to apply pesticides for the control of wood destroying pests, structural pests, ornamental pests, turf pests or interior landscape pests unless the applicator of the pesticide is a certified commercial applicator or is a registered […]
2-2440c. Registered pest control technician; training; approval of training materials; maintenance of records verifying training. (a) Each registered pest control technician shall have received training, to the extent prescribed by the secretary by rules and regulations in each of the subjects enumerated in K.S.A. 2-2443a, and amendments thereto. (b) Within 90 days after the effective […]
2-2440d. Same; fees. (a) The fee for registration of each registered pest control technician shall be paid by the pesticide business licensee employing the registered pest control technician. The registration shall inure to the benefit of the pesticide business licensee and shall not be transferable. (b) This section shall take effect and be in force […]
2-2440e. Pesticide business licensees and pesticide dealers; civil penalties; appeal procedure; deposit of moneys. (a) Any pesticide business licensee or pesticide dealer who violates any of the provisions of K.S.A. 2-2453 or 2-2454, and amendments thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in […]
2-2441a. Commercial applicator’s certificate; exemptions; application and fees; expiration. No individual except the following shall use any restricted use pesticide without a commercial applicator’s certificate issued by the secretary: (a) Individuals applying restricted use pesticides under a private applicator certification; (b) employees of a pesticide business licensee using only nonaerial methods of applying pesticides and […]
2-2442. Same; temporary permit; examination. (a) Any person required to obtain a commercial applicator’s certification may apply for a temporary permit. The temporary permit may be used in lieu of the regular certification, described in K.S.A. 1976 Supp. 2-2441, until the person is scheduled for regular examination. In no event will the period of time […]
2-2443a. Same; examination; reciprocity; fees; subjects included in examination. An applicant for a commercial applicator’s certificate shall show upon written examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides in the categories or subcategories for which the applicant has applied. A commercial applicator who holds a current certificate to […]
2-2444a. Categories of qualification for certification and licensing; subdivision by secretary. (a) The categories of qualification for certification and licensing shall include: (1) Agricultural pest control; (2) forest pest control; (3) ornamental and turf pest control; (4) seed treatment; (5) aquatic pest control; (6) right-of-way pest control; (7) industrial, institutional, structural and health related pest […]
2-2445a. Certified private applicator’s certificate; qualifications; examination; fee; educational materials; reciprocity of certificates. In lieu of obtaining a commercial applicator’s certificate under the provisions of K.S.A. 2-2441a, and amendments thereto, a private applicator’s certificate may be applied for by and issued to individuals using restricted use pesticides for the purpose of producing any agricultural commodity […]
2-2446. Renewal of certification or registration. (a) A commercial applicator’s certification may be renewed for a succeeding three-year period by paying the fees prescribed in K.S.A. 2-2441a, and amendments thereto, passing the examinations provided for in K.S.A. 2-2443a, and amendments thereto, and completing the renewal application form prescribed by the secretary. (b) In lieu of […]
2-2447. Nonresident applicant for license; consent to action for damages; service of process. Any nonresident applying for a license under this act to operate in the state of Kansas shall file a written irrevocable consent that any action for damages resulting from the application or misapplication of pesticides and any action to enforce the provisions […]
2-2448. Surety bond, liability insurance, letter of credit or escrow account required for pesticide business license. (a) Except as provided by subsection (b), the secretary shall not issue a pesticide business license until the applicant has furnished proof of financial responsibility by one of the following: (1) A surety bond in an amount not less […]
2-2449. Grounds for denial, suspension, revocation or modification of license. The secretary may deny, suspend, revoke or modify the provisions of any license, registration, permit or certificate issued under this act, if the secretary finds, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act, […]
2-2450. Suspension of pesticide business license for failure to have surety bond, liability insurance, letter of credit or escrow account or to employ certified commercial applicator. (a) If the surety bond, certificate of liability insurance, letter of credit or proof of an escrow account previously furnished by the licensee expires or is canceled or terminated, […]
2-2452. Appeal of denial, suspension or revocation. The licensee or certificate holder may appeal from the decision and order, in accordance with the provisions of the Kansas judicial review act. History: L. 1976, ch. 1, § 15; L. 1977, ch. 3, § 9; L. 1979, ch. 161, § 1; L. 1984, ch. 313, § 46; […]
2-2453. Unlawful acts. It shall be unlawful for any person to: (a) Except as provided for in K.S.A. 2-2470, use pesticides in a manner which is inconsistent with such pesticide’s label or labeling; or (b) discard or store any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, […]
