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217.570 Registration of pesticides -- Annual inspection fee -- Renewal.
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(2)
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(a)
Except as provided by paragraph (b) of this subsection, every pesticide
distributed within the state or delivered for transportation or transported in
intrastate commerce or between points within the state through points
outside the state shall be registered with the department.
(b) Registration is not required if:
1.
A pesticide is shipped from one (1) plant or warehouse to another
plant or warehouse operated by the same person and used solely at
the plant or warehouse as a constituent part to make a pesticide
which is registered under the provisions of KRS 217.542 to 217.630;
or
2.
If the pesticide is distributed under the provisions of an experimental
use permit issued under the provisions of KRS 217.542 to 217.630
or an experimental use permit issued by EPA.
(c) All registrations shall expire on the thirty-first day of December of the
calendar year for which they were issued.
The applicant for registration shall file with the department, a statement
containing:
(a) The name and address of the applicant and the name and address of the
person whose name will appear on the label, if other than the applicant's;
(b) The name of the pesticide and its EPA registration number;
(c) A complete copy of the labeling accompanying the pesticide and a
statement of all claims made or to be made for it including directions for
use and a request that the pesticide be classified for nonrestricted use, for
restricted use, or for both as provided for in FIFRA. In the case of renewal
of registration, a statement shall be required only with respect to
information which is different from that furnished when the pesticide was
registered or last reregistered, unless the department requests a copy of
the labeling; and
(d) Other necessary information as specified by the department on the
application for registration form.
The department may require a full description of the tests made and results of
the tests upon which the claims are based on any pesticide not registered in
accordance with Section 3 of FIFRA, or on any pesticide on which restrictions
are being considered.
(a) The applicant desiring to register a pesticide in this state shall make
application on forms furnished by the department, and, for the purposes
identified in paragraph (b) of this subsection, shall pay to the department
an annual fee of two hundred fifty dollars ($250) for each and every brand
or grade to be offered for sale in this state. There shall be issued to the
registrant by the department a license entitling the registrant to sell all
duly registered brands in this state until the expiration of the license.
(b) The annual fees received by the department shall be used to fund:
1.
The Kentucky Agriculture and Environment in the Classroom
program, a program administered by the department;
2.
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The farm chemical and container disposal program, a program
administered by the department;
3.
The cost-sharing program through the department and the Energy
and Environment Cabinet, Division of Conservation, for the use of
farmers in implementing agricultural production practices that protect
the quality of soil and water resources; and
4.
Expenses incurred in the enforcement of KRS 217.542 to 217.630.
The department, when necessary in the administration of KRS 217.542 to
247.630, may require the submission of the complete formula of any pesticide,
including the active and inert ingredients.
The department may refuse to register, or to cancel the registration of, any
brand of pesticide upon satisfactory proof that the registrant has been guilty of
fraudulent and deceptive practices in evasions or attempted evasions of the
provisions of KRS 217.542 to 217.630 or any administrative regulations
promulgated under KRS 217.542 to 217.630. No registration shall be revoked
or refused until the registrant has been given a hearing by the department.
Registrants desiring to renew registrations shall file with the department an
application for renewal prior to January 1. Any registration in effect on the
thirty-first day of December and for which a renewal application has been made
and the proper fee paid shall continue in full force and effect until the
department has notified the applicant that the registration has been renewed,
or denied.
If the renewal of a pesticide registration is not filed prior to January 15 of any
year, or if a new product is sold or offered for sale prior to registration, an
additional fee of ten dollars ($10) shall be assessed and added to the original
fee before the registration of that pesticide is renewed or a new registration is
accepted. The additional fee shall not apply if the applicant furnishes an
affidavit certifying that he did not distribute any unregistered pesticides during
the period of nonregistration. The payment of the additional fee is not a bar to
any prosecution for doing business without proper registry.
Upon certification by the administrator of EPA to register pesticides in
accordance with Section 24(c) of FIFRA, the department may register the
pesticides if it determines that:
(a) Its composition warrants the proposed claims for it;
(b) Its labeling and other material required to be submitted meet with the
requirements of KRS 217.542 to 217.630;
(c) It will perform its intended function, and when used in accordance with
widespread and commonly recognized practice, will not cause
unreasonable adverse effects on the environment; and
(d) The registration is not disapproved by the administrator of EPA.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 324, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 81, sec. 1, effective June 25, 2009. -- Amended
1994 Ky. Acts ch. 141, sec. 1, effective July 15, 1994. -- Amended 1980 Ky.
Acts ch. 295, sec. 52, effective July 15, 1980. -- Amended 1974 Ky. Acts
ch. 200, sec. 6. -- Created 1956 Ky. Acts ch. 218, sec. 5, effective July 1, 1956.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts
ch. 144, Pt. I, A, 22, (5) at 1099.
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