2-2207.   Exemptions.(a) The secretary may issue a permit for an experimental use pesticide inlieu of registration, as prescribed by rules and regulations adopted by thesecretary.

      (b)   The penalties provided for violations ofsubsection (a) of K.S.A. 2-2203 and amendments thereto shall not applyto: (1) Any carrier while engaged in transporting anagricultural chemical within this state, if such carrier, uponrequest, permits the secretary or thesecretary's designated representative or agent to copy all recordsshowing the transactions in and movement of the products; (2) publicofficials of this state and the federal government engaged in theperformance of their official duties; (3) the manufacturer or shipper of anagricultural chemical for experimental use only (A) by orunder the supervision of any agency of this state or of the federal governmentauthorized by law to conduct research in the field of agriculturalchemicals, or (B) by others if the agricultural chemical isnot sold and if the container thereof is plainly and conspicuously marked "forexperimental use only not to be sold," together with the manufacturer's nameand address. If a written permit has beenobtained from the secretary, or an authorized representative of thesecretary, an agricultural chemical may be sold for experiment purposessubject to such restrictions and conditions as may be set forth in the permit.

      (c)   No article shall be deemed in violation of this actwhen consigned for export to a foreign country, and when prepared or packedaccording to the specifications or directions of the purchaser. If not soexported all of the provisions of this act shall apply.

      (d)   This act shall not limit or abridge in any manner theright of any pharmacist licensed in the state of Kansas to sell chemicals anddrugs in broken packages in compliance with the Kansas pharmacy laws.

      (e)   Any pesticide product that is permitted for distribution and use underthe provisions of an emergency exemption shall be exempt from the requirementsfor registration of the label allowing for use in an emergency.

      (f)   Any pesticide product label for which the secretary seeks registrationunder the provisions for special local need (SLN) registration shall be exemptfrom the registration fee for the remainder of the first year the SLN is inplace. A registration fee in an amount fixed by the secretary shall be requiredfor renewal of the SLN registration.

      History:   L. 1947, ch. 10, § 7; L. 1986, ch. 231, § 1;L. 2009, ch. 128, § 7; July 1.