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


(5) No license shall be issued unless the applicant holds a valid certification number within this category



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(5) No license shall be issued unless the applicant holds a valid certification number within this category.

(6) No license shall be issued unless the applicant is registered as a full service firm or is employed by a person who is registered as a full service firm.

Section 5. KRS 217B.080 is amended to read as follows:

(1) It shall be unlawful for any person to act as an employee of a pesticide operator[applicator] and apply pesticides manually or as the applicator[operator] directly in charge of any equipment which is licensed or should be licensed under the provisions of this chapter for the application of any pesticide, without having obtained an applicator's[operator's] license from the department. The applicator's[Such an operator's] license shall be in addition to any other license or permit required by law for the operation or use of the[any such] equipment. Any person applying for the applicator's[such an operator's] license shall file an application on a form prescribed by the department on or before January 1 of each year. Application for a license to apply pesticides shall be accompanied by a license fee of ten dollars ($10). The provisions of this section shall not apply to any individual who has passed the examination provided for in subsection (3) of KRS 217B.070, and is a licensed pesticide operator[applicator]. If the department finds the applicant qualified to apply pesticides in the classifications he has applied for after examinations as provided for in subsection (3) of KRS 217B.070, and if the applicant applying for a license to engage in aerial applications of pesticides has met all of the requirements of the Federal Aviation Agency and the Transportation Cabinet to operate the equipment described in the application, the department shall issue a pesticide applicator[operator] license limited to the classifications for which he is qualified which shall expire at the end of the calendar year of issue unless it has been revoked or suspended prior thereto by the department for cause as provided for in KRS 217B.120.

(2) No license shall be issued unless the applicant holds a valid certification number within this category.

(3) No license shall be issued to the applicant unless the applicant is employed by a person who holds a valid operator's license.

Section 6. KRS 217B.090 is amended to read as follows:

(1) Public operators[Municipal corporations, and public utilities, or any other governmental agency except state agencies] shall be subject to the provisions of this chapter and administrative regulations[rules] adopted thereunder.[; the public operator in charge of any equipment used by any municipal corporations, public utilities, or any governmental agencies, shall be subject to the provisions of KRS 217B.070(3) and 217B.080, and] The department shall issue a limited license without a fee to the[such] public operators[ which shall be valid only when such public operators are acting as operators on equipment used by such entities]. A limited license shall be valid, only when the public operator is acting as operator on equipment provided by his employer used in the application of pesticides or fertilizer or in any application of pesticides or fertilizer used in the course of his employment by his employer. The employer of a public operator shall be subject to legal recourse by any person damaged by the application of any pesticide or fertilizer, and the action may be brought in the county where the damage or some part thereof occurred. Government research personnel shall be exempt from this licensing requirement when applying pesticides to experimental plots.[ Such agencies, municipal corporations, and public utilities, shall be subject to legal recourse by any person damaged by such application of any pesticide, and such action may be brought in the county where the damage or some part thereof occurred.]

(2) No license shall be issued unless the applicant holds a valid certification number within this category.

(3) A limited license shall not be upgraded without retesting.

Section 7. KRS 217B.100 is amended to read as follows:

(1) No person shall perform services as a pest control consultant without first procuring from the department a license in the classifications he has applied for under KRS 217B.060. Application for a license shall be on a form prescribed by the department and shall include the applicable information stipulated in subsection (2) of KRS 217B.070. The application for a license shall be accompanied by an annual fee of fifty dollars ($50).

(2) Each applicant for a pest control consultant's license shall be required to present to the department satisfactory evidence of training and experience providing a basic background to understand pest control principles. The[Such] applicant shall be required to pass satisfactorily a written examination to be prescribed by the department to demonstrate the applicant's specific knowledge under subsection (3) of KRS 217B.070.

(3) If an applicant provides a copy of a valid Certified Crop Advisor certification to the department, the test and fee for a consultant license may be waived.

Section 8. KRS 217B.103 is amended to read as follows:


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