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) Make
false or fraudulent claims through any media, misrepresenting the effect
of 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 directions
for use shown on the label registered under the Kansas agricultural chemical
act 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 available
when 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 renewal
of a license, registration, permit or certificate;
(h) refuse or neglect to comply with any limitations or restrictions on
or in a duly issued license, registration, permit or certificate;
(i) aid, abet or conspire with any person to evade any of the provisions
of this act, or allow a license, registration, permit or certificate to
be used by an unlicensed or uncertified person;
(j) impersonate any state, county or city inspector or official, as acting
in 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 by
any unlicensed person who is not a salaried or commissioned employee or
representative of such licensee, for use in applying pesticides under any
commission or subcontracting arrangement;
(m) use any method or material without regard to public
health, safety or welfare;
(n) engage in or advertise to provide pest control services without
benefit of proper licenses, certification or registration;
(o) use, store, dispose of any pesticide material, pesticide rinsate
or container without
regard to public health or environmental damage;
(p) fail to maintain and provide a copy of pesticide product labels
and material safety data sheets to customers when so requested;
(q) use any pesticide in a manner inconsistent with limitations
imposed by the secretary pursuant to K.S.A. 2-2471, and amendments thereto;
(r) distribute, sell, make available for use or use any restricted use
pesticide other than by a certified applicator or under the supervision of a
certified applicator;
(s) distribute, sell or offer for sale any pesticide unless it is in the
pesticide registrant's or the pesticide manufacturer's unbroken immediate
container and there is affixed to such container the registrant's label which
is 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 pesticide
or 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.
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) Make
false or fraudulent claims through any media, misrepresenting the effect
of 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 directions
for use shown on the label registered under the Kansas agricultural chemical
act 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 available
when 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 renewal
of a license, registration, permit or certificate;
(h) refuse or neglect to comply with any limitations or restrictions on
or in a duly issued license, registration, permit or certificate;
(i) aid, abet or conspire with any person to evade any of the provisions
of this act, or allow a license, registration, permit or certificate to
be used by an unlicensed or uncertified person;
(j) impersonate any state, county or city inspector or official, as acting
in 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 by
any unlicensed person who is not a salaried or commissioned employee or
representative of such licensee, for use in applying pesticides under any
commission or subcontracting arrangement;
(m) use any method or material without regard to public
health, safety or welfare;
(n) engage in or advertise to provide pest control services without
benefit of proper licenses, certification or registration;
(o) use, store, dispose of any pesticide material, pesticide rinsate
or container without
regard to public health or environmental damage;
(p) fail to maintain and provide a copy of pesticide product labels
and material safety data sheets to customers when so requested;
(q) use any pesticide in a manner inconsistent with limitations
imposed by the secretary pursuant to K.S.A. 2-2471, and amendments thereto;
(r) distribute, sell, make available for use or use any restricted use
pesticide other than by a certified applicator or under the supervision of a
certified applicator;
(s) distribute, sell or offer for sale any pesticide unless it is in the
pesticide registrant's or the pesticide manufacturer's unbroken immediate
container and there is affixed to such container the registrant's label which
is 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 pesticide
or 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.
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) Make
false or fraudulent claims through any media, misrepresenting the effect
of 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 directions
for use shown on the label registered under the Kansas agricultural chemical
act 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 available
when 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 renewal
of a license, registration, permit or certificate;
(h) refuse or neglect to comply with any limitations or restrictions on
or in a duly issued license, registration, permit or certificate;
(i) aid, abet or conspire with any person to evade any of the provisions
of this act, or allow a license, registration, permit or certificate to
be used by an unlicensed or uncertified person;
(j) impersonate any state, county or city inspector or official, as acting
in 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 by
any unlicensed person who is not a salaried or commissioned employee or
representative of such licensee, for use in applying pesticides under any
commission or subcontracting arrangement;
(m) use any method or material without regard to public
health, safety or welfare;
(n) engage in or advertise to provide pest control services without
benefit of proper licenses, certification or registration;
(o) use, store, dispose of any pesticide material, pesticide rinsate
or container without
regard to public health or environmental damage;
(p) fail to maintain and provide a copy of pesticide product labels
and material safety data sheets to customers when so requested;
(q) use any pesticide in a manner inconsistent with limitations
imposed by the secretary pursuant to K.S.A. 2-2471, and amendments thereto;
(r) distribute, sell, make available for use or use any restricted use
pesticide other than by a certified applicator or under the supervision of a
certified applicator;
(s) distribute, sell or offer for sale any pesticide unless it is in the
pesticide registrant's or the pesticide manufacturer's unbroken immediate
container and there is affixed to such container the registrant's label which
is 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 pesticide
or 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.