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217B.050 Authority for administrative regulations.
(1)
(2)
(3)
(4)
(5)
The department shall administer and enforce the provisions of this chapter and
promulgate administrative regulations to carry out the provisions of this chapter and
in the administrative regulations may prescribe methods to be used in the storage of
fertilizers, and the storage and application of pesticides. Where the department finds
that the administrative regulations are necessary to carry out the purpose and intent
of this chapter, the administrative regulations may relate to the time, place, manner,
and method of storage and application of the pesticides and storage of fertilizers,
may restrict or prohibit use of pesticides in designated areas during specified
periods of time, and shall encompass all reasonable factors which the department
deems necessary to prevent damage or injury by drift or misapplication to:
(a) Plants, including forage plants, on adjacent or nearby lands;
(b) Wildlife in the adjoining or nearby areas;
(c) Fish and other aquatic life in waters in reasonable proximity to the area to be
treated; and
(d) Pollinating insects, animals, or persons.
In promulgating the administrative regulations, the department shall give
consideration to pertinent research findings and recommendations of other agencies
of this state and of the federal government.
The department may by administrative regulation adopt a list of "restricted use
pesticides" for the state or for designated areas within the state if it finds that the
characteristics of the pesticides require restricting their use to prevent injury on
lands other than the land to which they are applied, or to persons, animals, crops, or
pests or vegetation other than the pests or vegetation which they are intended to
destroy. For the purpose of uniformity of requirements between the states and the
federal government, the department may adopt the list of "restricted use pesticides"
as established by the Environmental Protection Agency or other federal or state
agencies.
The department may establish additional classifications of applicator or operator
licenses as required for conformance with the Federal Environmental Pesticide
Control Act of 1972. The classifications may include private farmer applicators,
commercial establishment applicators, and government employee applicators not
specifically mentioned in this chapter. The administrative regulations may specify
licensing conditions, procedures, and fees not to exceed those fees specified for
other licensees under this chapter.
In addition to the fees authorized in subsection (4) of this section, the department
may, by administrative regulation, establish fees for carrying out the provisions
required or authorized by this chapter, but shall not establish fees exceeding those
specified under this chapter.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 123, sec. 1, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 172, sec. 2, effective July 14, 2000. -- Amended 1996 Ky. Acts
ch. 171, sec. 4, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 295, sec. 63,
effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 148, sec. 4. -- Created 1972
Ky. Acts ch. 130, sec. 5.
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