Kansas Statutes 2-2454. Unlawful acts
Terms Used In Kansas Statutes 2-2454
- Certified applicator: means any individual who is certified under this act to use or supervise the use of any restricted use pesticide which is classified for restricted use by a certified applicator. See Kansas Statutes 2-2438a
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Pesticide rinsate: means the water contaminated with pesticides from the cleaning of the inside of pesticide containers or pesticide tanks. See Kansas Statutes 2-2438a
- Restricted use pesticide: shall mean and include all pesticide uses designated as such by rules and regulations of the secretary. 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
It shall be unlawful for any person required to be licensed, registered or certified under the provisions of this act to:
(a) Make false or fraudulent claims through any media, misrepresenting the effect of material or methods to be utilized;
(b) except as provided for in Kan. Stat. Ann. § 2-2470, and amendments thereto, make a pesticide recommendation or use not in accordance with the directions for use shown on the label registered under the Kansas agricultural chemical act or by the environmental protection agency, or both;
(c) knowingly use ineffective or improper methods or materials;
(d) knowingly operate faulty, unsafe or, if registration is required, unregistered equipment, or operate any equipment in a negligent manner;
(e) refuse or neglect to keep and maintain records required by this act, or refuse or neglect to make records available when and as required by this act;
(f) make false or fraudulent records, invoices or reports;
(g) use fraud or misrepresentation in making an application for or renewal of a license, registration, permit or certificate;
(h) refuse or neglect to comply with any limitations or restrictions on or in a duly issued license, registration, permit or certificate;
(i) aid, abet or conspire with any person to evade any of the provisions of this act, or allow a license, registration, permit or certificate to be used by an unlicensed or uncertified person;
(j) impersonate any state, county or city inspector or official, as acting in their official capacity;
(k) make any misrepresentation or defraud any member of the public;
(l) permit a pesticide business license or contract forms to be used by any unlicensed person who is not a salaried or commissioned employee or representative of such licensee, for use in applying pesticides under any commission or subcontracting arrangement;
(m) use any method or material without regard to public health, safety or welfare;
(n) engage in or advertise to provide pest control services without benefit of proper licenses, certification or registration;
(o) use, store, dispose of any pesticide material, pesticide rinsate or container without regard to public health or environmental damage;
(p) fail to maintain and provide a copy of pesticide product labels and material safety data sheets to customers when so requested;
(q) use any pesticide in a manner inconsistent with limitations imposed by the secretary pursuant to Kan. Stat. Ann. § 2-2471, and amendments thereto;
(r) distribute, sell, make available for use or use any restricted use pesticide other than by a certified applicator or under the supervision of a certified applicator;
(s) distribute, sell or offer for sale any pesticide unless it is in the pesticide registrant’s or the pesticide manufacturer’s unbroken immediate container and there is affixed to such container the registrant’s label which is complete and legible and which can be read through any package wrappers;
(t) distribute, sell or offer for sale any pesticide product with altered, defaced or detached labeling; or
(u) distribute, sell or offer for sale any pesticide product with pesticide or pesticide residue on the container or packaging.