2-2443a. Same; examination; reciprocity; fees; subjects included in examination. An applicant for a commercial applicator's certificate shall show upon written examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides in the categories or subcategories for which the applicant has applied. A commercial applicator who holds a current certificate to apply pesticides commercially in any other state or political subdivision of the United States may be exempted from examination for certification in this state upon approval of the secretary and payment of a $75 fee per category, unless a fee not to exceed $75 is established in rules and regulations adopted by the secretary.
Applicants shall submit with each application a fee per examination taken, including each category, subcategory and general core examination. The examination fee shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $45 per examination, except that on and after July 1, 2023, such fee shall not exceed $35 per examination. Applicants who fail to pass the examination may reapply and take another examination upon paying another examination fee, which fee shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $45 per examination, except that on and after July 1, 2023, such fee shall not exceed $35 per examination. The general core examination shall include, but is not limited to, the following:
(a) The proper use of the equipment.
(b) The hazards that may be involved in applying the pesticides, including:
(1) The effect of drift of the pesticides on adjacent and nearby lands and other non-target organisms;
(2) the proper meteorological conditions for the application of pesticides and the precautions to be taken with such application;
(3) the effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them;
(4) the effect of the application of pesticides to wildlife in the area, including aquatic life;
(5) the identity and classification of pesticides used and the effects of their application in particular circumstances; and
(6) the likelihood of contamination of water or injury to persons, plants, livestock, pollinating insects and vegetation.
(c) Calculating the concentration of pesticides to be used.
(d) Identification of common pests to be controlled and damages caused by such pests.
(e) Protective clothing and respiratory equipment for handling and application of pesticides.
(f) General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment which the applicant proposes to use.
(g) Applicable state and federal pesticide laws and regulations.
(h) Any other subject which the secretary deems necessary.
History: L. 1977, ch. 3, § 4; L. 1982, ch. 4, § 10; L. 2002, ch. 181, § 6; L. 2004, ch. 85, § 6; L. 2009, ch. 128, § 17; L. 2014, ch. 133, § 3; L. 2017, ch. 86, § 5; 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.