302 KAR 27:030. Pesticide sales agents.

 

      RELATES TO: KRS Chapter 217B

      STATUTORY AUTHORITY: KRS 217B.050, 217B.185

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.185 requires the department to establish a licensure program for pesticide sales agents. This administrative regulation establishes classifications of pesticide sales agent licenses and rules for the sales of pesticides by pesticide sales agents.

 

      Section 1. There shall be two (2) classifications of pesticide sales agent licenses: resident pesticide sales agent and remote pesticide sales agent.

 

      Section 2. (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 27:050.

      (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 administrative regulation.

 

      Section 3. Recordkeeping Requirements. (1) Pesticide sales agent. 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:

      (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 crop or resale.

      (2) All persons required to maintain records under subsection (1) of this section shall retain the records for a period of two (2) years from the date of the sale and shall submit copies monthly to the Department of Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 40601.

 

      Section 4. (1) A remote pesticide sales agent shall have and maintain a system to ensure restricted use pesticides are delivered only to properly certified individuals.

      (2) 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.

 

      Section 5. Effective Date. The effective date of this administrative regulation shall be July 1, 2002. (28 Ky.R. 730; Am. 1364; eff. 12-19-2001.)