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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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