GENERAL GOVERNMENT CABINET

Department of Agriculture

Office of Consumer and Environmental Protection

Division of Environmental Services

(Amendment)

 

      302 KAR 29:020. General provisions for structural pest control.

 

      RELATES TO: KRS Chapter 217B, 7 U.S.C. 136l, 49 U.S.C. 51

      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 restricted-use 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) An individual 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) An individual 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) An individual 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 administrative 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:

      (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) Commercial and noncommercial structural applicators. All commercial and noncommercial structural applicators who apply pesticides or any termiticides shall maintain the following records:

      (a) Date of application;

      (b) Name and address of person receiving services and location of performance of services;

      (c) Beginning time of application and ending time of application;

      (d) The target pests to be treated;

      (e) Brand or product name of pesticides applied;

      (f) A description of the use of the area where the pesticide application is made;

      (g) Estimated amount of each pesticide applied; and

      (h) Name of applicator[Name and address of person receiving services and location of performance of services;

      (b) Brand or product name of pesticides applied;

      (c) Date of application;

      (d) Type of area treated;

      (e) Name of applicator; and

      (f) Total amount of each pesticide applied, excluding paste baits].

      (3) Retention. 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. All persons required to maintain records under subsection (2) 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 pesticide is made in the name of a person or business entity, 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 or more persons may have used or applied pesticides.

      (4) Availability. Records required under this section shall be made available to the department upon request.

 

      Section 3. Storage and Handling of Pesticides. (1) Applicability. This administrative regulation shall apply to all persons holding a Category 7(a), Category 7(b),[Category 7(c),] Category 8, or Category 12 license who have occasion to store pesticides.

      (2) Standards for storage:

      (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 an exhaust system installed to reduce concentrations of toxic fumes and to regulate temperatures and moisture. If an exhaust 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) Floor sweep compound of adsorptive 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; and

      (e) 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 transportation of pesticides. All pesticides transported on or in vehicles owned or operated by commercial structural applicators shall be transported consistent with 49 U.S.C. 51.

 

      Section 4. 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 U.S.C. 136l.

 

      Section 5. Pesticide Application by Structural Commercial and Noncommercial Applicators. Any person governed by this administrative regulation shall be certified in Category 7(a), Structural Pest Control, pursuant to 302 KAR 29:060, before making application of pesticides to a structure, except new employees being trained pursuant to KRS 217B.560.

 

      [Section 6. Registered Pesticide Equipment Identification. (1) Each branch or pesticide applicator shall at all times have its vehicles, which are actively and regularly engaged in service work, marked for easy identification. The identification shall consist of the letters "L.P.C.O." two (2) inches high and followed by the company number of the business, as assigned by the department. The identification shall be placed in a highly visible location.

      (2) The vehicle owner shall notify the department if a vehicle registered under KRS 217B.565 is permanently transferred from the original registering location or is permanently removed from active pesticide application service. The owner shall remove the identification if the vehicle is permanently removed from active pesticide application or is permanently transferred out of the state.]

 

JAMES R. COMER, Commissioner

      APPROVED BY AGENCY: September 14, 2015

      FILED WITH LRC: September 15, 2015 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 21, 2015, at 10:00 a.m., at the Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the close of business on November 2, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 500 Mero Street, 7th Floor, Frankfort Kentucky 40601, phone (502) 564-4696, fax (502) 564-2133.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Clint Quarles

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This amendment slightly modifies the record retention requirements for regulated entities.

      (b) The necessity of this administrative regulation: This amendment is necessary to create and maintain records that are clearer and more useful for regulated entities, the Department, and consumers.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The statutes command the Department to create regulations for program implementation. This regulation helps determine what records are needed and for how long they must be maintained at minimum.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: his amendment is necessary to create and maintain records that are clearer and more useful for regulated entities, the Department, and consumers.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment is necessary to create and maintain records that are clearer and more useful for regulated entities, the Department, and consumers.

      (b) The necessity of the amendment to this administrative regulation: This amendment is will create and maintain records that are clearer and more useful for regulated entities, the Department, and consumers.

      (c) How the amendment conforms to the content of the authorizing statutes: This regulation helps determine what records are needed and for how long they must be maintained at minimum.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment is necessary to create and maintain records that are clearer and more useful for regulated entities, the Department, and consumers.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: 7,952 licenses are issued at the time of this filing for category 7.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The entities will need to maintain the information altered in accordance with the terms of the amendment.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No costs are anticipated.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Clear recordkeeping requirements may be easier for entities to manage.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No additional cost to this program.

      (b) On a continuing basis: No additional cost to this program.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: General and special funds are used to administer the pesticides programs.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No fee is included in this amendment.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This filing establishes no fees.

      (9) TIERING: Is tiering applied? No. All regulated entities have the same requirements.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Department of Agriculture.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 217B 050

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? No revenue is associated with this amendment.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue is associated with this amendment.

      (c) How much will it cost to administer this program for the first year? No changes in cost for this filing.

      (d) How much will it cost to administer this program for subsequent years? No changes in cost for this filing.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: