2-2441a. Commercial applicator's certificate; exemptions; application and fees; expiration. 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 K.S.A. 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.
History: L. 1977, ch. 3, § 3; L. 1982, ch. 4, § 9; L. 2002, ch. 181, § 5; L. 2004, ch. 85, § 5; L. 2009, ch. 128, § 16; July 1.
Structure Kansas Statutes
2-2439 Administration of act; rules and regulations.
2-2440a Pesticide business licensee requirements.
2-2440b Unlawful acts; pest control technician registration, requirements and fees.
2-2441a Commercial applicator's certificate; exemptions; application and fees; expiration.
2-2442 Same; temporary permit; examination.
2-2443a Same; examination; reciprocity; fees; subjects included in examination.
2-2444a Categories of qualification for certification and licensing; subdivision by secretary.
2-2446 Renewal of certification or registration.
2-2447 Nonresident applicant for license; consent to action for damages; service of process.
2-2449 Grounds for denial, suspension, revocation or modification of license.
2-2452 Appeal of denial, suspension or revocation.
2-2456 Registration and marking of equipment.
2-2459a Courses of instruction.
2-2460a Cooperation with other agencies; educational institutions or persons.
2-2464a Disposition of moneys; pesticide use fee fund.
2-2467a Rules and regulations.
2-2470 Allowable pesticide applications by the applicator.
2-2471 Rule and regulation authority to the secretary to limit pesticide use.
2-2472 Pesticide management areas; development by the secretary.
2-2474 Same; public hearing concerning designation; notice.
2-2475 Temporary pesticide management areas; secretary authorization.
2-2476 Pesticide management area; order of designation.
2-2477 Same; secretary authorization to revoke, modify or expand.
2-2478 Same; use of pesticides in area; civil penalty; appeal procedure.
2-2479 Same; statewide education program on areas and plans.
2-2480 Uniformity of pesticide law; state has exclusive jurisdiction.