Kansas Statutes 2-2441a. Commercial applicator’s certificate; exemptions; application and fees; expiration
Terms Used In Kansas Statutes 2-2441a
- Certified commercial applicator: means a certified applicator, whether or not a private applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided in paragraph (2) of this subsection (c). See Kansas Statutes 2-2438a
- Equipment: means any ground, water or aerial apparatus, used to apply any pesticide but shall not include any pressurized hand size household apparatus used to apply any pesticide or any equipment, apparatus or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. See Kansas Statutes 2-2438a
- Person: means any individual, partnership, association of persons, corporation or governmental agency. See Kansas Statutes 2-2438a
- Pest: means , but is not limited to, any insect, rodent, nematode, fungus, weed or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism, except viruses, bacteria or other microorganisms on or in man or other animals, or which the secretary may declare to be a pest. See Kansas Statutes 2-2438a
- Pesticide: means , but is not limited to, (1) any substance or mixture of substances used to prevent, destroy, control, repel, attract or mitigate any pest and (2) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant. See Kansas Statutes 2-2438a
- Pesticide business: means any individual, partnership, association of persons or corporation which applies pesticides to the property of another for compensation. See Kansas Statutes 2-2438a
- Secretary: means the secretary of agriculture. See Kansas Statutes 2-2438a
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Under the supervision of: means , unless otherwise provided by the labeling of the pesticide product, acting under the instructions and control of another person who is available if and when needed, even though such other person is not physically present at the time and place the act is done. See Kansas Statutes 2-2438a
No individual except the following shall use any restricted use pesticide without a commercial applicator’s certificate issued by the secretary: (a) Individuals applying restricted use pesticides under a private applicator certification;
(b) employees of a pesticide business licensee using only nonaerial methods of applying pesticides and who work only under the supervision of a certified commercial applicator. The secretary may authorize any certified aerial applicator to apply restricted use pesticides in a category or subcategory other than one in which such applicator is certified under the supervision of an applicator certified in the category or subcategory in which the pesticide is being applied during an emergency situation declared by the secretary with the consent of the governor;
(c) veterinarians or physicians using pesticides as a part of their professional services;
(d) qualified laboratory personnel employed by recognized pesticide research facilities, using pesticides or pest control services while engaged in pesticide use research; and
(e) federal employees using pesticides as a part of their employment by a federal agency which has its own certification program which is the full equivalent of the requirements of this state.
Such a commercial applicator’s certificate shall be required in addition to any other license or permit required by law for the operation or use of pesticide application equipment. Any person applying for such commercial applicator’s certificate shall file an application on a form prescribed by the secretary. If the secretary finds the applicant qualified to apply pesticides in the categories or subcategories the applicant has applied for after examinations on the same basis as provided for in Kan. Stat. Ann. § 2-2443a, and amendments thereto, the secretary shall issue a commercial applicator’s certificate limited to the categories or subcategories for which the applicant is qualified, which certificate shall expire at the end of the second calendar year after the year of issue. If a certificate is not issued as applied for, the secretary shall inform the applicant in writing of the reasons for such denial.