Kansas Statutes 2-2469. Pesticide dealers; registration; exemptions; denial, suspension or revocation, notice and opportunity for hearing; fees
(a) Each person who is a pesticide dealer shall register with the secretary. Registration shall be required for each business location distributing pesticides and shall be on a form provided by the secretary. Each registration shall expire on June 30 following issuance unless such registration is renewed annually. A registration fee of $20 shall accompany the application.
(b) The provisions of this section shall not apply to a licensed pesticide business which sells pesticides only as an integral part of such business’ pesticide application service when the pesticides are dispensed only through equipment used for this pesticide application, nor to the sale of general use pesticides purchased for household use only, nor to any federal, state, county or municipal agency which provides pesticides only for its own programs nor to any individual who is the final purchaser of a pesticide for application to property or property rights owned, leased, or otherwise acquired by such person.
Terms Used In Kansas Statutes 2-2469
- Department: means the Kansas department of agriculture of the state of Kansas. 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
- 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 dealer: means any person who sells a pesticide to another person for application. See Kansas Statutes 2-2438a
- Property: includes personal and real property. See Kansas Statutes 77-201
- 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
(c) Each registered pesticide dealer is responsible for the acts of each individual employed by such dealer in the solicitation and sale of pesticides and for all claims and recommendations for use of pesticides made by such employees. The dealer’s registration shall be subject to denial, suspension, or revocation after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act for any violation of this act whether committed by the dealer or by the dealer’s officers, agents or employees.
(d) All fees received under this section shall be remitted to the state treasurer in accordance with Kan. Stat. Ann. § 2-2464a, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and 75% of such amount shall be credited to the pesticide use fee fund and 25% of each such amount shall be credited to the publications fee fund of the Kansas department of agriculture.