2006 Kansas Code - 2-2441a

      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 who work only under the supervision of a certified commercial applicator. The secretary may authorize any certified aerial applicator to apply restricted use pesticides in a category other than one in which such applicator is certified under the supervision of an applicator certified in the category in which the pesticide is being applied during an emergency situation declared by the secretary with the consent of the governor;

      (c)   veterinarians or physicians using pesticides as a part of their professional services;

      (d)   qualified laboratory personnel employed by recognized pesticide research facilities, using pesticides or pest control services while engaged in pesticide use research; and

      (e)   federal employees using pesticides as a part of their employment by a federal agency which has its own certification program which is the full equivalent of the requirements of this state.

      Such a commercial applicator's certificate shall be required in addition to any other license or permit required by law for the operation or use of pesticide application equipment. Any person applying for such commercial applicator's certificate shall file an application on a form prescribed by the secretary. Application for a certificate to apply pesticides shall be accompanied by an application fee per category in which the applicant applies which fee is fixed by rules and regulations adopted by the secretary of agriculture, except that such fee shall not exceed $35, or commencing July 1, 2002, and ending June 30, 2010, such fee shall not exceed $50 per category in which the applicant applies. The commercial applicator's certificate fee in effect on the day preceding the effective date of this act shall continue in effect until the secretary of agriculture adopts rules and regulations fixing a different fee therefor under this section. If the secretary finds the applicant qualified to apply pesticides in the categories the applicant has applied for after examinations on the same basis as provided for in K.S.A. 2-2443a and amendments thereto, the secretary shall issue a commercial applicator's certificate limited to the categories for which the applicant is qualified, which certificate shall expire at the end of the second calendar year after the year of issue. If a certificate is not issued as applied for, the secretary shall inform the applicant in writing of the reasons for such denial.

      History:   L. 1977, ch. 3, § 3; L. 1982, ch. 4, § 9; L. 2002, ch. 181, § 5; L. 2004, ch. 85, § 5; July 1.