2-2440. Unlawful acts; pesticide business license, requirements and fees, exemptions; government agency registration, exemptions; license and registration renewals.
2-2440
2-2440. Unlawful acts; pesticide business license,
requirements and fees, exemptions; government agency registration, exemptions;
license and registration renewals.
(a) Subject to the provisions of subsection (d), it is unlawful for any
pesticide business which has not been issued a pesticide business license to:
(1) Advertise, offer for sale, sell or perform any service for the control of
a pest on the property of another or apply a pesticide to the property of
another within this state; or
(2) perform any service for the control of a pest or apply any pesticide on
or at the premises of another person under any commission, division of receipts
or subcontracting arrangement with a licensed pesticide business.
Nothing in this subsection shall be construed to require the licensing of any
person applying restricted use pesticides to the property of another as a
certified private applicator or under the supervision of a certified
private applicator.
(b) Application for a pesticide business license or renewal shall be made
on a form obtained from
the secretary and shall be accompanied by an
application fee per category in which the licensee applies, and an additional
fee for each uncertified individual employed by the applicant to apply
pesticides. The application fee per category shall be
$140 per category in which the licensee applies, except that on and
after July 1, 2015, the application fee per category shall be $112 per category
in which the licensee applies. An additional fee of
$15
shall be paid for each uncertified individual employed by the applicant to
apply pesticides, except that on and
after July 1, 2015, an additional fee of $10 shall be paid for each uncertified
individual employed by the applicant to apply pesticides. The application
fee per category and the additional fee for
each uncertified employee in effect on the day preceding the effective date of
this act shall continue in effect until the secretary
adopts rules and regulations fixing a different fee under this subsection. Any
uncertified individual employed for a period of more than 10 days in a 30-day
period or for five consecutive days by a licensee to apply pesticides
subsequent to such application shall be reported to the secretary within 30
days of such employee's hiring and the fee shall be paid at that time. Each
application shall also include the following:
(1) The business name of the person applying for such license or renewal;
(2) if the applicant is an individual, receiver, trustee, representative,
agent, firm, partnership, association, corporation or other organized group
of persons, whether or not incorporated, the full name of each owner of
the firm or partnership or the names of the officers of the association,
corporation or group;
(3) the principal business address of the applicant in the state and
elsewhere; and
(4) any other information the secretary, by rules and regulations, deems
necessary for the administration of this act.
(c) The secretary may issue a pesticide business license to apply pesticides
in categories for which an applicant has applied if the applicant files the
bond, insurance, letter of credit or proof of an escrow account as required
under K.S.A. 2-2448, and amendments thereto, satisfies the requirements of
subsection (b), and pays the required fees. Such license shall expire at the
end of the calendar year for which it is issued unless it has been revoked or
suspended prior thereto. If a license is not issued as applied for, the
secretary shall inform the applicant in writing of the reasons therefor.
(d) The following persons shall be exempted from the licensing requirements
of this act:
(1) State or federal personnel using pesticides or pest control services
while engaged in pesticide use research;
(2) veterinarians or physicians using pesticides as a part of their
professional services; and
(3) any person or such person's employee who applies pesticides on or
at premises owned, leased or operated by such person.
(e) Subject to the provisions of subsection (d), it is unlawful for any
governmental agency which has not been issued a government agency registration
to apply pesticides within this state. Application for government agency
registration shall be made on a
form obtained from the
secretary and shall be accompanied by a fee fixed by rules and
regulations adopted by the secretary, except that such
fee shall not exceed $50, except that on and
after July 1, 2015, such fee shall not exceed $35. The governmental agency
registration
fee in effect on the day preceding the effective date of this act shall
continue in effect until the secretary adopts rules and
regulations fixing a different fee therefor under this subsection. No fee
shall be required of any township located within a county which has previously
applied for and received government agency registration. Each application for
registration shall contain information including, but not limited to:
(1) The name of the government agency;
(2) the mailing address of the applicant;
(3) the name and mailing address of the person who heads such agency and
who is authorized to receive correspondence and legal papers. Such person
shall be: (A) The mayor or city manager for municipalities; (B) the chairperson
of the board of county commissioners for counties; (C) the township trustee for
townships; or (D) any person designated by any other governmental agency; and
(4) any other information the secretary, by rules and regulations, deems
necessary for the administration of this act.
(f) If the secretary finds the application to be sufficient, the secretary
shall issue a government agency registration. The government agency is not
required to furnish a surety bond under this act. Such government agency
registration shall expire at the end of the calendar year for which it is
issued unless it has been revoked or suspended prior thereto. If a
registration is not issued as applied for, the secretary shall inform the
applicant in writing of the reasons therefor.
(g) A pesticide business license or government agency registration may be
renewed by meeting the same requirements as for a new license or registration.
Neither the pesticide business license nor the government agency registration
shall be transferable, except that, in the event of the disability, incapacity
or death of the owner, manager or legal agent of a pesticide business licensee,
a permit may be issued by the secretary to permit the operation of such
business until the expiration period of the license in effect at the time of
such disability, incapacity or death if the applicant therefor can show that
the policies and services of such business will continue substantially as
before, with due regard to protection of the public and the environment.
(h) No pesticide business license may be issued to any person until such
person is or has in such person's employ one or more individuals who are
certified commercial applicators in each of the categories for which the
license application is made.
History: L. 1976, ch. 1, § 3;
L. 1977, ch. 3, § 2;
L. 1982, ch. 4, § 8;
L. 1982, ch. 7, § 1;
L. 1985, ch. 13, § 1;
L. 1987, ch. 12, § 9;
L. 1989, ch. 6, § 12;
L. 1994, ch. 199, § 1;
L. 1994, ch. 336, § 4;
L. 2002, ch. 181, § 3;
L. 2004, ch. 85, § 3;
L. 2009, ch. 128, § 11; July 1.