(3) Should the surety furnished become unsatisfactory, the[said] applicant shall upon notice execute a new bond or insurance and if[shall] he fails[fail] to do so, the department shall cancel the registration[his license] and it shall be unlawful thereafter for that[such] person to engage in the[said] business of applying pesticides until the bond or insurance is brought into compliance with the requirements of subsection (2) of this section and the registration[his license] is reinstated by the department. (4) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though the[such] use conforms to the administrative[rules and] regulations of the department. Section 17. KRS 217B.140 is amended to read as follows: (1) The person claiming damages from pesticide application shall have filed with the department a written statement claiming that he has been damaged, on a form prescribed by the department, within sixty (60) days after the date that damages occurred, or prior to the time that twenty-five percent (25%) of a crop damaged has[shall have] been harvested. The[Such] statement shall contain, but shall not be limited to[thereto], the name of the person responsible for the application of the[said] pesticide, the name of the owner or lessee of the land on which the crop is grown and for which damages are claimed, and the date on which it is alleged that the damage occurred. The department shall prepare a form to be furnished to persons to be used in such cases and the[such] form shall contain[ such] other requirements as the department may deem proper. The department shall, upon receipt of the[such] statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility[,] for the damages claimed, and furnish copies of[ such] statements as may be requested. (2) The filing of the[such] report or the failure to file[ such] a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action. The failure to file[ such] a report shall not be a violation of this chapter. However, if the person failing to file the[such] report is the only one injured from the[such] use or application of a pesticide by others, the department may, when in the public interest, refuse to hold a hearing for the denial, suspension, or revocation of a license or registration[permit] issued under this chapter until a[such] report is filed. (3) When damage is alleged to have been done, the claimant shall permit the licensee, registration holder, and their[his] representatives, such as bondsman or insurer to observe within reasonable hours the lands or nontarget organism alleged to have been damaged in order that the[such] damage may be examined. Failure of the claimant to permit the[such] observation and examination of the damaged lands shall automatically bar the claim against the licensee or registration holder. Section 18. KRS 217B.180 is amended to read as follows: (1) The provisions of KRS 217B.020 to 217B.180 relating to licenses or registration and requirements for their issuance shall not apply to any farmer owner of ground equipment applying nonrestricted use pesticides for himself or his farmer neighbors; provided, that[: (a) ] he applies the pesticides for his farmer neighbors without compensation other than trading of personal services[;
(b) All equipment not engaged in the application of pesticides for hire shall be identified by a license plate or decal furnished by the department at no cost to the owner with an inscription informing persons that such equipment is not to be used in the application of pesticides for hire under KRS 217B.070. It is the responsibility of the owner to inform the department in writing if any changes in status are to be made].
(2) The licensing or registration provisions of KRS 217B.020 to 217B.180 shall not apply to any person using handpowered equipment, devices, or contrivances to apply nonrestricted use pesticides to lawns, or to ornamental shrubs and trees not in excess of twelve (12) feet high, as an incidental part of his activity of taking care of his household lawn and yard or those of his neighbors, on the condition that the[such] person shall not publicly hold himself out as being in the business of applying pesticides, and shall not accept compensation other than the trading of personal services for the[such] activity. (3) KRS 217B.020 to 217B.180 shall not apply to operators presently licensed and regulated under the provisions of KRS 249.250 to 249.340 on June 17, 1978, except that if required by EPA regulations the[such] persons may be issued, without additional fees or examination, an applicator's license to enable them to purchase and use restricted use pesticides pursuant to the requirements of the Federal Environmental Pesticide Control Act of 1972. (4) The registration provisions of Section 9 of this Act shall not apply to any public operator. Section 19. KRS 217B.190 is amended to read as follows: (1) No person shall discard or store any pesticide or pesticide containers in[ such] a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects, or to pollute any waterway in a way harmful to any wildlife therein. (2) No person shall use any registered pesticide in a manner not in accordance with its label. (3) No person shall purchase, use, or supervise the use of[,] a restricted use pesticide unless the[such] person is[be] licensed in a classification which permits the[such] purchase, use, or supervision of use. (4) No person shall distribute a restricted use pesticide to a person who does not have the appropriate certification, registration, or license[is not licensed as a restricted use pesticide dealer or applicator] as prescribed in this chapter. Section 20. KRS 217B.193 is amended to read as follows: (1) When any of the requirements of this chapter or administrative regulations promulgated pursuant thereto have not been complied with, the Commissioner shall cause a notice of violation to be issued[ upon the permit holder]. The Commissioner shall issue an order for immediate compliance and assess the civil penalty provided for in this section and in KRS 217B.990, or set forth in his notice a reasonable time period, but not more than ninety (90) days, for the abatement of the violation. If any licensee or registration[license] holder has not abated the violation within the period of time prescribed in the notice of violation, the Commissioner shall issue an order for immediate compliance and assess the civil penalty provided for in this section and in KRS 217B.990. The notice of noncompliance shall be mailed to the licensee or registration[license] holder by certified mail, return receipt requested, addressed to the[ license holder's] permanent address as shown on department records. The notice of noncompliance shall specify in what respect the licensee or registration[license] holder has failed to comply with this chapter or administrative regulations promulgated pursuant thereto[, and the period of time established for abatement]. If the licensee or registration[license] holder has not complied with the requirements set forth in the notice of noncompliance within the time limit allowed, the license or registration may be revoked as provided in this chapter. (2) The Commissioner shall develop a method for calculating the civil penalty for a violation, or failure to abate a violation within the prescribed time period as authorized by this section, and he shall promulgate a schedule of the civil penalties in an administrative regulation. Section 21. KRS 217B.220 is amended to read as follows: The department may issue subpoenas to compel the attendance of witnesses [and/]or production of books, documents, and records anywhere in the state in any hearing affecting the authority or privilege granted by a license or registration[permit] issued under the provisions of this chapter. Section 22. KRS 217B.300 is amended to read as follows: (1) The following definitions apply to this section and Section 23 of this Act: (a) "Application" means the spreading of lawn chemicals in liquid or dry form on a lawn; (b) "Applicator for hire" means any person who makes an application of lawn chemicals to a lawn for compensation, including applications made by an employee to lawns owned, occupied, or managed by his employer; (c) "Customer" means a person who makes a contract, either written or verbal, with an applicator for hire to apply a pesticide to a lawn; (d) "Golf course" means land on which turf and ornamental care, including application of pesticides or fertilizer and storage of pesticides or fertilizer, is performed for the purpose of preparing the land for use in the game of golf[Fertilizer" means any substance containing nitrogen, phosphorus, potassium or other recognized plant nutrient or compound which is used for its plant nutrient content]; (e) "Lawn" means land area covered with turf kept closely mown, except land areas used for agricultural production,[ golf courses,] commercial production of turf, or land situated within three (3) feet of the foundation of a structure when a pesticide is applied to this area as a preventive or control measure for structural pests; (f) "Lawn chemicals" means fertilizers, pesticides, or defoliants applied or intended for application to lawns; (g) "Structural pest" means a pest which commonly invades or attacks dwellings or structures; and (h) "Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat. (2) The following notification requirements shall be met: (a) An applicator for hire shall provide a customer at the time of entering into a contract, either written or verbal, or a reasonable time thereafter, with written information concerning lawn chemicals, application procedures, and other general guidelines about the safe use of lawn chemicals. (b) Immediately following application of lawn chemicals to a lawn, the applicator shall place a lawn marker at a prominent location in the lawn. (c) The lawn marker shall consist of, at a minimum, a four (4) inch by five (5) inch white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length. (d) Lettering on the lawn marker shall be in a contrasting color and shall read on one side "LAWN CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable and not less than three-eighths (3/8) inch. The lawn marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator. (e) The lawn marker shall be removed and discarded by the property owner or resident, or other person authorized by the property owner or resident, the day following application. (f) For applications to residential properties of three (3) families or less, the applicator shall place one (1) lawn marker per property. (g) For applications to properties other than residential property of three (3) families or less, the applicator shall place lawn markers at primary points of entry to the property to provide notice that lawn chemicals have been applied to the lawn. (3) At the time of application of lawn chemicals to a lawn, an applicator for hire shall provide the following information to the customer, either homeowner or landlord, for each lawn chemical used: (a) The brand name or common name of the pesticide applied; (b) The pesticide type; (c) The fertilize rate or analysis; (d) The reason for use; (e) The concentration of end use product applied to the lawn and the rate of application; (f) Any special instruction appearing on the label of the lawn chemical product applicable to the customer's use of the lawn following application, and any other precautionary or hazard information appearing on the label as applicable to the end use concentration; and (g) The name and the state applicator license or certificate number of the individual actually making the application. (4) Any customer of an applicator for hire, or a neighbor whose residence is adjoining to a customer of an applicator for hire, may receive prior notification twenty-four (24) to forty-eight (48) hours in advance of an application by contacting the applicator for hire and providing his name, address, and telephone number. In this event, the applicator for hire shall provide notification in writing, in person, or by telephone, of the date and approximate time of application. If an applicator for hire is unable to provide prior notification to a customer or neighbor because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence. (5) Violations of this section shall be punishable by a civil fine of not more than one hundred dollars ($100) for each violation. SECTION 23. A NEW SECTION OF KRS CHAPTER 217B IS CREATED TO READ AS FOLLOWS: (1) The provisions of subsections (2), (3), and (4) of Section 23 of this Act relating to notification and information requirements shall not apply to any golf course or its employees. (2) The following exceptions shall be required by a golf course relating to notification and information requirements: (a) Immediately following application of lawn chemicals on a golf course, the applicator shall place a lawn marker on the number one (1) tee or the number one (1) and number ten (10) tee; (b) The lawn marker shall consist of, at a minimum, a four (4) inch by five (5) inch white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length; (c) Lettering on the lawn marker shall be in a contrasting color and shall read on one side "LAWN CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable and not less than three-eighths (3/8) inch. The lawn marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator; (d) The lawn marker shall be removed by the applicator, or other personnel authorized by the golf course management, the day following application; and (e) Any persons whose residence directly joins a golf course may receive prior notification of a plant protective material application by contacting the golf course superintendent's office and providing name, address, and telephone number. The golf course shall provide notification in writing, in person, or by telephone. If the golf course cannot provide advance notice because of unforeseen climatic conditions causing fungal outbreak or other serious circumstances, the person shall be contacted at the time of the application. If the golf course is unable to provide prior notification or direct notification as mentioned above to a resident because of the absence or unavailability of the resident, the golf course shall leave a written notice at the residence.
Page of
HB048330.100-1412 HOUSE COMMITTEE SUB
Dostları ilə paylaş: |
