An act relating to the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act."

UNOFFICIAL COPY AS OF 5/5/2018 1998 REG. SESS. 98 RS HB 483/HCS

AN ACT relating to the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act."

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

Section 1. KRS 217B.040 is amended to read as follows:

For the purposes of this chapter, unless the context requires otherwise:

(1) "Pest" means:

(a) Any insect, snail, slug, rodent, nematode, fungus, weed; and

(b) Any other form of plant or animal life, or virus, bacteria, or other microorganism, except viruses, bacteria, or other microorganisms on or in living man or other living animals, which is normally considered to be a pest, or which the department declares to be a pest;

(2) "Pesticide" means:

(a) Any substance or mixture of substances intended to prevent, destroy, control, repel, attract, or mitigate any pest;

(b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and

(c) Any substance or mixture of substances intended to be used as a spray adjuvant;

(3) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission;

(4) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues;

(5) "Plant regulator" means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants, but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments;

(6) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six (6) legged, usually winged forms, as for example beetles, bugs, bees, wasps, and flies, and includes other allied classes of arthropods whose members are wingless and usually have more than six (6) legs, as for example spiders, mites, ticks, centipedes, and wood lice, and also nematodes and other worms, and any other invertebrates which are destructive, constitute a liability, and may be classed as pests;

(7) "Fungi" means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, as for example, rusts, smuts, mildews, molds, yeasts, bacteria, and viruses, except those on or in living man or other living animals, and except those in or on processed food, beverages, or pharmaceuticals;

(8) "Fertilizer" means any substance containing one (1) or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by administrative regulation;

(9) "Weed" means any plant which grows where not wanted;

(10) "Nematode" means invertebrate animals of the phylum Nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts, and may also be called nemas or eelworms;

(11) "Snails or slugs" include all harmful mollusks;

(12) "Person" means any individual, partnership, association, or any organized group of persons whether incorporated or not;

(13) "Equipment" means any type of ground, water, or aerial equipment, device, or contrivance using motorized, mechanical, or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating, or stored on or in the land, but shall not include any pressurized hand-sized household device used to apply any pesticide;

(14) "Restricted use pesticide" means any pesticide classified for restricted use by the administrator of[,] EPA, or by administrative regulation of the department;

(15) "Engage in business" means any application of pesticide by any person upon lands of another;

(16) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices, and contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation;

(17) "Pesticide applicator" means any individual employed by a pesticide operator to apply pesticides. The term does not include trainees[person who owns or manages a pesticide application business which is engaged in the business of applying pesticides upon the lands of another];

(18) "Pesticide operator" means any individual who owns or manages a pesticide application business which is engaged in the business of applying pesticide upon the lands of another[person employed by a pesticide applicator who operates equipment for the application of pesticides or applies pesticides manually. This term does not include employees who work only under direct "on-the-job" supervision of a licensed pesticide applicator or licensed pesticide operator];

(19) "Pest control consultant" means any person who, for a fee, offers or supplies technical advice, supervision, or aid, or recommends the use of specific pesticides for the purpose of controlling insect pests, plant diseases, weeds, and other pests;

(20) "Public operator" means any individual employed[person in charge of any equipment used] by municipal corporations, public utilities,[ or] other governmental agencies, golf courses, or business or commercial operations who as a part of his job responsibility, is in charge of any equipment used to apply pesticides or is required to make any application of pesticides or fertilizer to lands owned, operated, controlled, or managed by his employer[applying pesticides];