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

(2) Application for a pesticide dealer registration[license] 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[five] dollars ($25)[($5)]. All registrations[licenses] issued under this section shall expire on December 31[ of the year for which they are issued]. The registration[license] for a pesticide dealer may be renewed annually upon application to the department, accompanied by a fee of twenty-five[five] dollars ($25)[($5)] for each registration[license], on or before the first day of January of the calendar year for which the license is issued.

(3) The department shall issue to each applicant who satisfies the requirements of this section a registration[license] which entitles the applicant to conduct the business described in the application for the calendar year for which the registration[license] is issued[, unless the license is sooner revoked or suspended].

(4) The department shall prescribe administrative regulations requiring[ restricted use] pesticide dealers to maintain[ such] records with respect to their operations as it determines are necessary for the effective enforcement of this chapter. The[Such] records shall include, but not be limited to: brands and amounts of restricted use pesticides sold; and buyer's name, address, and applicator's license number; provided that, no records required under this section shall extend to financial data, sales data, other than amount and shipment data, pricing data, and personnel data. The[Such] records are to be retained for a period of two (2) years from the time of sale. For the purposes of enforcing the provisions of this chapter, any pesticide dealer shall, upon request of the department, furnish, or permit the department at all reasonable times to have access to, and to copy, records as required by this section.

Section 11. KRS 217B.107 is amended to read as follows:

Each pesticide dealer shall be responsible for the actions of every person who acts as his employee or agent in the solicitation or sale of[ restricted use] pesticides, and in all claims and recommendations for use or application of[ restricted use] pesticides.

SECTION 12. A NEW SECTION OF KRS CHAPTER 217B IS CREATED TO READ AS FOLLOWS:

(1) The department shall establish a licensure program for dealer agents. The department shall require an applicant for licensure to show upon examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides.

(2) Application for a dealer agent license shall be in the form and shall contain information prescribed by the department. Each application shall be accompanied by a fee of five dollars ($5). All licenses issued under this section shall expire on December 31 of each year. The license for a dealer agent may be renewed annually upon application to the department, and the application shall be accompanied by a fee of five dollars ($5) for each license, on or before the first day of January of the calendar year for which the license is issued.

(3) The department shall issue to each applicant who satisfies the requirements of this section a license which entitles the applicant to hold himself or herself out as a licensed dealer agent.

(4) No person shall hold himself or herself out as a licensed dealer agent unless the person is licensed as provided for in this section.

(5) No person shall sell or make recommendations for the use or application of restricted use pesticides unless the person is licensed as provided for in this section.

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

SECTION 13. A NEW SECTION OF KRS CHAPTER 217B IS CREATED TO READ AS FOLLOWS:

(1) The department shall establish and administer a program to register trainees.

(2) A trainee shall be registered with the department. It shall be unlawful for a trainee to act as an employee of a firm and apply pesticides manually, or as the applicator 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 being registered with the department and being under the direct on-the-job supervision of an operator or applicator licensed by the department. The trainee registration shall be in addition to any other license or permit required by law for the operation or use of any such equipment. Any person applying for a trainee registration shall file by phone or written application prescribed by the department before employment begins.

(3) There shall be a five dollar ($5) charge for this registration by the department.

(4) Trainee registration shall not be renewed.

Section 14. KRS 217B.110 is amended to read as follows:

(1) If the application for renewal of any license or registration provided for in this chapter is not filed prior to March 1 in any year, a penalty of twenty-five percent (25%) shall be assessed and added to the original fee and shall be paid by the applicant before the renewal[ license] shall be issued; the[such] penalty shall not apply if the applicant furnishes an affidavit certifying that he has not engaged in the business subsequent to the expiration of his license or registration.