(1) (a) Except as provided by paragraph (b) of this subsection, every pesticide distributed within the state or delivered for transportation or transported in intrastate commerce or between points within the state through points outside the state shall be registered with the department.
(b) Registration is not required if:
1. A pesticide is shipped from one (1) plant or warehouse to another plant or warehouse operated by the same person and used solely at the plant or warehouse as a constituent part to make a pesticide which is registered under the provisions of KRS § 217.542 to KRS § 217.630; or
2. If the pesticide is distributed under the provisions of an experimental use permit issued under the provisions of KRS § 217.542 to KRS § 217.630 or an experimental use permit issued by EPA.
(c) All registrations shall expire on the thirty-first day of December of the calendar year for which they were issued.
(2) The applicant for registration shall file with the department, a statement containing: (a) The name and address of the applicant and the name and address of the person
whose name will appear on the label, if other than the applicant’s;
(b) The name of the pesticide and its EPA registration number;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims made or to be made for it including directions for use and a request that the pesticide be classified for nonrestricted use, for restricted use, or for both as provided for in FIFRA. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered, unless the department requests a copy of the labeling; and
(d) Other necessary information as specified by the department on the application for registration form.
(3) The department may require a full description of the tests made and results of the tests upon which the claims are based on any pesticide not registered in accordance with Section 3 of FIFRA, or on any pesticide on which restrictions are being considered.
(4) (a) The applicant desiring to register a pesticide in this state shall make application on forms furnished by the department, and, for the purposes identified in paragraph (b) of this subsection, shall pay to the department an annual fee of two hundred fifty dollars ($250) for each and every brand or grade to be offered for sale in this state. There shall be issued to the registrant by the department a license entitling the registrant to sell all duly registered brands in this state until the expiration of the license.
(b) The annual fees received by the department shall be used to fund:
1. The Kentucky Agriculture and Environment in the Classroom program, a program administered by the department;
2. The farm chemical and container disposal program, a program
administered by the department;
3. The cost-sharing program through the department and the Energy and Environment Cabinet, Division of Conservation, for the use of farmers in implementing agricultural production practices that protect the quality of soil and water resources; and
4. Expenses incurred in the enforcement of KRS § 217.542 to KRS § 217.630.
(5) The department, when necessary in the administration of KRS § 217.542 to KRS § 247.630, may require the submission of the complete formula of any pesticide, including the active and inert ingredients.
(6) The department may refuse to register, or to cancel the registration of, any brand of pesticide upon satisfactory proof that the registrant has been guilty of fraudulent and deceptive practices in evasions or attempted evasions of the provisions of KRS
217.542 to 217.630 or any administrative regulations promulgated under KRS
217.542 to 217.630. No registration shall be revoked or refused until the registrant has been given a hearing by the department.
(7) Registrants desiring to renew registrations shall file with the department an application for renewal prior to January 1. Any registration in effect on the thirty- first day of December and for which a renewal application has been made and the proper fee paid shall continue in full force and effect until the department has notified the applicant that the registration has been renewed, or denied.
(8) If the renewal of a pesticide registration is not filed prior to January 15 of any year, or if a new product is sold or offered for sale prior to registration, an additional fee of ten dollars ($10) shall be assessed and added to the original fee before the registration of that pesticide is renewed or a new registration is accepted. The additional fee shall not apply if the applicant furnishes an affidavit certifying that he did not distribute any unregistered pesticides during the period of nonregistration. The payment of the additional fee is not a bar to any prosecution for doing business without proper registry.
(9) Upon certification by the administrator of EPA to register pesticides in accordance with Section 24(c) of FIFRA, the department may register the pesticides if it determines that:
(a) Its composition warrants the proposed claims for it;
(b) Its labeling and other material required to be submitted meet with the requirements of KRS § 217.542 to KRS § 217.630;
(c) It will perform its intended function, and when used in accordance with widespread and commonly recognized practice, will not cause unreasonable adverse effects on the environment; and
(d) The registration is not disapproved by the administrator of EPA.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 324, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 81, sec. 1, effective June 25, 2009. — Amended 1994 Ky. Acts ch.
141, sec. 1, effective July 15, 1994. — Amended 1980 Ky. Acts ch. 295, sec. 52, effective July 15, 1980. — Amended 1974 Ky. Acts ch. 200, sec. 6. — Created 1956
Ky. Acts ch. 218, sec. 5, effective July 1, 1956.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, A, 21, (1) at 1645.