2-2441a.   Commercial applicator's certificate;exemptions; application and fees; expiration.No individual except the following shall use any restricted use pesticidewithout a commercial applicator's certificate issued by the secretary: (a)Individuals applying restricted use pesticides under a private applicatorcertification;

      (b)   employees of a pesticide business licensee using only nonaerial methodsof applying pesticides and who work only under the supervision of a certifiedcommercial applicator. The secretary may authorize any certified aerialapplicator to apply restricted use pesticides in a category orsubcategory other than one inwhich such applicator is certified under the supervision of an applicatorcertified in the category or subcategoryin which the pesticide is being applied during anemergency situation declared by the secretary with the consent of the governor;

      (c)   veterinarians or physicians using pesticides as a part of theirprofessional services;

      (d)   qualified laboratory personnel employed by recognized pesticideresearch facilities, using pesticides or pest control services whileengaged in pesticide use research; and

      (e)   federal employees using pesticides as a part of their employmentby a federal agency which has its own certification program which is thefull equivalent of the requirements of this state.

      Such a commercial applicator's certificate shall be required in addition to anyother license or permit required by law for the operation or use of pesticideapplication equipment. Any person applying for such commercial applicator'scertificate shall file an application on a form prescribed by the secretary.If the secretary finds the applicant qualified toapply pesticides in the categories or subcategoriesthe applicant has applied for afterexaminations on the same basis as provided for in K.S.A. 2-2443a, andamendments thereto, the secretary shall issue a commercial applicator'scertificate limited to the categories or subcategoriesfor which the applicant is qualified, whichcertificate shall expire at the end of the second calendar year afterthe year of issue. If a certificate is not issued as applied for, thesecretary 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.