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

(1) The department may suspend[ for not longer than ten (10) days], pending inquiry, and, after opportunity for a hearing, the department may deny, suspend, revoke, or modify the provision of any license issued under KRS 217B.100 if it finds that the applicant or licensee or his employee has committed any of the following acts, each of which is declared to be a violation of this section:

(a) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized or sold;

(b) Made a pesticide recommendation not in accordance with the label registered pursuant to KRS 217.541 to 217.640;

(c) Violated any provision of this chapter or any administrative[rule or] regulation adopted by the department or of any lawful order of the department;

(d) Failed to pay the original or renewal license fee when due, and continued[continue] to sell restricted use pesticides without paying the license fee, or sold restricted use pesticides without a license;

(e) Was guilty of gross negligence, incompetency, or misconduct in acting as a pesticide dealer;

(f) Refused or neglected to keep and maintain the records required by this chapter, or to make reports when and as required;

(g) Made false or fraudulent records, invoices, or reports;

(h) Used fraud or misrepresentation in making an application for a license or renewal of a license, or in selling or offering to sell restricted use pesticides;

(i) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license;

(j) Aided or abetted a licensed or an unlicensed person to evade the provisions of this chapter, combined or conspired with[ such] a licensed or unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;

(k) Impersonated any state, county, or city inspector or official;

(l) Stored or disposed of containers or pesticides by means other than those prescribed on the label or adopted regulations; or

(m) Failed to comply with the provisions of Section 19 of this Act.

(2) Any licensee whose license is revoked under the provisions of this section shall not be eligible to apply for a new license[ hereunder] until such time has elapsed from the date of the order revoking the[said] license as established by the department, not to exceed two (2) years, or if an appeal is taken from the[said] order or revocation, not to exceed two (2) years from the date of the order or final judgment sustaining the[said] revocation.

SECTION 9. A NEW SECTION OF KRS CHAPTER 217B IS CREATED TO READ AS FOLLOWS:

(1) It shall be unlawful for any person to act in the capacity of, or offer to engage in the business of, advertise as, or assume to act as a full service firm within this state anytime without having registered as a full service firm with the department.

(2) No person shall be registered as a full service firm without proof of financial responsibility as required in Section 16 of this Act.

(3) Application for a full service firm registration shall be in the form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of fifty dollars ($50). All registrations under this section shall expire on December 31. The registration shall be renewed annually upon application to the department, accompanied by a fee of fifty dollars ($50), on or before the first of January of the calendar year for which the registration is issued.

(4) A full service firm shall register each branch office location. The fee for a branch office registration shall be twenty-five dollars ($25) per branch office location.

(5) Application for a branch office registration shall be in the form and shall contain the information prescribed by the department. Each application shall be accompanied by a fee of twenty-five dollars ($25). All registrations issued under this section shall expire on December 31. The registration for a branch office may be renewed annually upon application to the department, when the application is accompanied by a fee of twenty-five dollars ($25) for each registration, on or before the first of January of the calendar year for which the registration is issued. No branch office registration may be issued unless the applicant is registered as a full service firm.

(6) The department shall issue to each applicant who satisfies the requirements of this section a registration which entitles the applicant to conduct business described in the application for the calendar year for which the registration is issued.

(7) The department may prescribe administrative regulations requiring certain operational and secondary containment actions that pertain to the storage of pesticides and fertilizer.

Section 10. KRS 217B.105 is amended to read as follows:

(1) No person shall act in the capacity of a pesticide dealer, or shall engage or offer to engage in the business of, advertise as, or assume to act as a[ restricted use] pesticide dealer unless he is registered with the department[licensed annually as provided in this section]. A separate registration[license] and fee shall be required for each location or outlet from which[ restricted use] pesticides are distributed except that application for registration of all locations under common ownership may be made on a single form.