302 KAR 28:020. General provisions.
RELATES TO: KRS Chapter 217B
STATUTORY AUTHORITY: KRS 217B.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050
requires the Department of Agriculture to promulgate administrative regulations
to implement the provisions of KRS Chapter 217B. This administrative regulation
establishes requirements for recordkeeping, the storage and handling of
pesticides, trainee supervision, and certification denial, suspension,
modification or revocation.
Section 1. Pesticide Sales Agents. There shall be two
(2) classifications of pesticide sales agent licenses: resident pesticide sales
agent and remote pesticide sales agent.
(1) A person located within the Commonwealth of
Kentucky who sells or distributes restricted use pesticides or sells and makes
recommendations for the use or application of pesticides to the final user
shall be licensed as a resident pesticide sales agent.
(2) A person located outside the Commonwealth of
Kentucky who sells or distributes restricted use pesticides for delivery within
the Commonwealth of Kentucky or sells and makes recommendations for the use or
application of pesticides to the final user accepting delivery within the
Commonwealth of Kentucky shall be licensed as a remote pesticide sales agent.
(3) A person located outside the Commonwealth of
Kentucky and employed by a dealer registered in Kentucky may be licensed as a
resident pesticide sales agent.
(4) A resident pesticide sales agent license or remote
pesticide sales agent license shall not be issued unless the applicant holds a
valid Category 12 certification as provided in 302 KAR 28:050.
(5) An employee or agent of a manufacturer who sells
pesticides solely to a dealer for redistribution or resale shall be exempt from
licensure under this regulation.
Section 2. Recordkeeping Requirements. (1) Pesticide
sales agents. A remote pesticide sales agent shall provide his license number
to the purchaser at the commencement of the transaction and upon delivery of
the pesticides, and shall have and maintain a system to ensure restricted use
pesticides are delivered only to properly certified individuals. A resident
pesticide sales agent or remote pesticide sales agent who is not employed by a
dealer shall maintain the following records with respect to each sale of
restricted use pesticides, with copies submitted monthly to the Department of
Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 40601;
(a) Brand, amount, and type of restricted use
pesticide sold;
(b) Buyer's name and address;
(c) Certification number of the purchaser; and
(d) Intended use: target pest or resale.
(2) Dealers. Each dealer or branch office, in the
location where the pesticides are sold, shall maintain the following records
with respect to each sale of restricted use pesticides:
(a) Brand, amount, and type of restricted use
pesticide sold;
(b) Buyer's name and address;
(c) Certification number of the purchaser; and
(d) Intended use: target pest or resale.
(3) Noncommercial applicators, pesticide operators,
and pesticide applicators. Unless regulated by KRS 217B.300 or 217B.320, all
noncommercial applicators, pesticide operators, and pesticide applicators who
apply pesticides shall maintain the following records:
(a) Name and address of person receiving services;
(b) Brand or product name of pesticide applied;
(c) Date of application;
(d) Purpose of application;
(e) Size of area treated;
(f) Crop, commodity, stored product, or type of area
treated;
(g) Name and certification number of applicator;
(h) EPA registration number;
(i) Location of application; and
(j) Total amount of each pesticide applied.
(4) Retention. All persons required to maintain
records under subsections (1) and (2) of this section shall retain the records
for a period of two (2) years from the date of sale. All persons required to
maintain records under subsection (3) of this section shall retain the records
for a period of three (3) years from the date of use or application.
Maintenance of duplicate records shall not be required. If a use or application
of a restricted use pesticide is made in the name of a person or business
entity, then maintenance of only one (1) set of records for each job or use
shall be required by that person or business entity, even though one (1)
or more persons may have used or applied pesticides.
(5) Availability. Records required under this section
shall be made available to the department upon request or for dealers and
branch offices, as prescribed in KRS 217B.105(7).
Section 3. Storage and Handling of Pesticides. (1)
Applicability. This administrative regulation shall apply to all persons who
have occasion to store restricted use pesticides or persons who have occasion
to store any pesticides for the purpose of redistribution or direct resale.
(2) Standards for storage of pesticides:
(a) Sites for the storage of pesticides shall be of
sufficient size to store all stocks in designated areas;
(b) Storage sites shall be cool, dry, and airy or have
a ventilation system installed to reduce concentrations of toxic fumes and to
regulate temperatures and moisture. If a ventilation system is installed to
reduce fumes, heat, or moisture, the ventilation exhaust shall not connect with
offices or other areas frequented by people;
(c) Storage sites shall be adequately lighted so that
labels and label information can be easily read;
(d) Storage sites shall comply with applicable fire
codes;
(e) Floor sweep compound of adsorptic clay, sand,
sawdust, hydrated lime, or similar materials shall be kept on hand to absorb
spills or leaks. The contaminated material shall be disposed of per label
directions.
(f) Restricted use pesticides shall be located in
designated and segregated areas apart from general use pesticides. These segregated
areas may remain open if the entire storage area is locked when authorized
personnel cannot control access to the area. Entrance to these segregated areas
shall be plainly labeled on the outside with signs containing the words
"pesticide storage area" and "danger" or
"poison".
(3) Standards for storage of bulk fertilizer or bulk
pesticides. Any person who has cause to store bulk fertilizer or bulk
pesticides shall meet the standards and requirements set out in 302 KAR 31:040.
(4) Standards for transportation of pesticides. All pesticides
transported on or in vehicles owned or operated by dealers, pesticide
operators, pesticide applicators, or noncommercial applicators shall be
transported consistent with 49 USC 51.
Section 4. Supervisory Requirements. A trainee who
applies pesticides shall have direct on the job supervision as defined in KRS
217B.040(28).
Section 5. Denial, Suspension, or Revocation of
Pesticide Certification. The department shall review for possible denial, suspension,
or revocation, the license or certification of any person if the licensee or
certified person has been convicted or is subject to a final order imposing a
civil or criminal penalty pursuant to Section 14 of the Federal Insecticide,
Fungicide, and Rodenticide Act of 1972, as amended, 7 USC 14.
Section 6. Registered Pesticide Equipment
Identification. The equipment owner shall notify the department if equipment
registered under KRS 217B.170 is permanently transferred from the original
registering location or is permanently removed from active pesticide
application service. The owner shall be responsible for removing the decal when
the equipment is permanently removed from active pesticide application or is
permanently transferred out of the state.
Section 7. Effective Date. The effective date of this
administrative regulation shall be July 1, 2002. (28 Ky.R. 738; Am. 1370; eff.
12-19-2001.)