2-2454.   Unlawful acts.It shall be unlawful for any person required to be licensed,registered or certified under the provisions of this act to:

      (a)   Makefalse or fraudulent claims through any media, misrepresenting the effectof material or methods to be utilized;

      (b)   except as provided for in K.S.A. 2-2470, and amendments thereto,make a pesticide recommendation or use not in accordance with the directionsfor use shown on the label registered under the Kansas agricultural chemicalact or by the environmental protection agency, or both;

      (c)   knowingly use ineffective or improper methods or materials;

      (d)   knowingly operate faulty, unsafe or, if registration is required,unregistered equipment, or operate any equipment in a negligent manner;

      (e)   refuse or neglect to keep and maintain records required by this act,or refuse or neglect to make records availablewhen and as required by this act;

      (f)   make false or fraudulent records, invoices or reports;

      (g)   use fraud or misrepresentation in making an application for or renewalof a license, registration, permit or certificate;

      (h)   refuse or neglect to comply with any limitations or restrictions onor in a duly issued license, registration, permit or certificate;

      (i)   aid, abet or conspire with any person to evade any of the provisionsof this act, or allow a license, registration, permit or certificate tobe used by an unlicensed or uncertified person;

      (j)   impersonate any state, county or city inspector or official, as actingin their official capacity;

      (k)   make any misrepresentation or defraud any member of the public;

      (l)   permit a pesticide business license or contract forms to be used byany unlicensed person who is not a salaried or commissioned employee orrepresentative of such licensee, for use in applying pesticides under anycommission or subcontracting arrangement;

      (m)   use any method or material without regard to publichealth, safety or welfare;

      (n)   engage in or advertise to provide pest control services withoutbenefit of proper licenses, certification or registration;

      (o)   use, store, dispose of any pesticide material, pesticide rinsateor container withoutregard to public health or environmental damage;

      (p)   fail to maintain and provide a copy of pesticide product labelsand material safety data sheets to customers when so requested;

      (q)   use any pesticide in a manner inconsistent with limitationsimposed by the secretary pursuant to K.S.A. 2-2471, and amendments thereto;

      (r)   distribute, sell, make available for use or use any restricted usepesticide other than by a certified applicator or under the supervision of acertified applicator;

      (s)   distribute, sell or offer for sale any pesticide unless it is in thepesticide registrant's or the pesticide manufacturer's unbroken immediatecontainer and there is affixed to such container the registrant's label whichis complete and legible and which can be read through any package wrappers;

      (t)   distribute, sell or offer for sale any pesticide product with altered,defaced or detached labeling; or

      (u)   distribute, sell or offer for sale any pesticide product with pesticideor pesticide residue on the container or packaging.

      History:   L. 1976, ch. 1, § 17;L. 1989, ch. 6, § 14;L. 2009, ch. 128, § 22; July 1.