An act relating to the "Kentucky Fertilizer and Pesticide Storage, and Pesticide Use and Application Act."

(21) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this chapter, pests; including, but not limited to mammals, birds, and aquatic life

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(21) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this chapter, pests; including, but not limited to mammals, birds, and aquatic life;

(22) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment, or receive, and, having received, deliver or offer to deliver any pesticides in this state excepting internal distribution within a company or organization;

(23) "EPA" means the United States Environmental Protection Agency;

(24) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device or to any of its containers or wrappers;

(25) "Restricted use pesticide dealer" means any person who distributes restricted use pesticides except manufacturers of restricted use pesticides who distribute their products solely to "restricted use pesticide dealers";

(26) "Spray adjuvant" means any wetting agent, spreading agent, sticker, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be used with any other pesticide as an aid to the application or to the effect thereof, and which is in a package or container separate from that of the other pesticide with which it is to be used;[ and]

(27) "Commissioner" means the Commissioner of the Department of Agriculture;

(28) "Full service firm" means any person that engages in the storage of bulk fertilizer or restricted use pesticides for the purpose of redistribution or direct resale, or engages in the business of applying any pesticide to the lands of another;

(29) "Trainee" means a person who has been employed by a firm for less than ninety (90) days and is working under the direct supervision of a licensed operator or applicator;

(30) "Direct on-the-job supervision" means having a licensed operator or licensed applicator physically on-site and directly supervising or training an individual or individuals in the application of a pesticide;

(31) "Branch office" means any location of a full service firm other than its designated principal place of business location but does not include on- and off-premises bulk storage or receiving warehouses used solely for the purpose of customer order filling;

(32) "Applicant" means any person applying for a license or registration under this chapter;

(33) "Pesticide dealer" means any person who is in the business of selling restricted use pesticides directly to the final user or is substantially in the business of selling any pesticides directly to the final user;

(34) "Dealer agent" means an individual who sells pesticides and makes recommendations for the use and application of pesticides to the final user;

(35) "Substantially in the business" means that pesticide sales equal or exceed five percent (5%) of the person's gross annual sales; and

(36) "Pesticide state management plan" means a plan that would be required under the U.S. Environmental Protection Agency plan rule to protect the current and future beneficial uses of water through education and best management practices.

Section 2. KRS 217B.050 is amended to read as follows:

(1) The department shall administer and enforce the provisions of this chapter and issue administrative regulations to carry out the provisions of this chapter and in the administrative regulations may prescribe methods to be used in the storage of fertilizers and pesticides, and application of pesticides. Where the department finds that the administrative regulations are necessary to carry out the purpose and intent of this chapter, the administrative regulations may relate to the time, place, manner, and method of storage and application of the pesticides and storage of fertilizers and pesticides, may restrict or prohibit use of pesticides in designated areas during specified periods of time, and shall encompass all reasonable factors which the department deems necessary to prevent damage or injury by drift or misapplication to:

(a) Plants, including forage plants, on adjacent or nearby lands;

(b) Wildlife in the adjoining or nearby areas;

(c) Fish and other aquatic life in waters in reasonable proximity to the area to be treated; and

(d) Pollinating insects, animals, or persons.

(2) In issuing the administrative regulations, the department shall give consideration to pertinent research findings and recommendations of other agencies of this state and of the federal government.

(3) The department may by administrative regulation adopt a list of "restricted use pesticides" for the state or for designated areas within the state if it finds that the characteristics of the pesticides require restricting their use to prevent injury on lands other than the land to which they are applied or to persons, animals, crops, or pests or vegetation other than the pests or vegetation which they are intended to destroy. For the purpose of uniformity of requirements between the states and the federal government, the department may adopt the list of "restricted use pesticides" as established by the Environmental Protection Agency or other federal or state agencies.

(4) The department may establish additional classifications of applicator licenses as required for conformance with the Federal Environmental Pesticide Control Act of 1972. The classifications may include private farmer applicators, commercial establishment applicators, and government employee applicators not specifically mentioned in this chapter. The administrative regulations may specify licensing conditions, procedures and fees not to exceed those fees specified for other licensees under this chapter.

(5) The department may by administrative regulation develop and implement pesticide state management plans if required by the federal government.

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