As Amended by Senate Committee
As Amended by House Committee
Session of 2024
HOUSE BILL No. 2607
By Committee on Agriculture and Natural Resources
Requested by Kelsey Olson on behalf of the Kansas Department of Agriculture
1-25
AN ACT concerning agriculture; relating to the Kansas department of
agriculture; the Kansas pesticide law; the Kansas chemigation safety
law; requiring supervision and training for uncertified applicators;
clarifying definition of governmental agency; requiring applicants to
file certificates of liability insurance or surety bonds in lieu of bonds,
letters of credit or proof of an escrow; government agency certification
for pesticide applications in the sodium cyanide predator control
category; requiring direct supervision of registered pest control
technicians by a certified commercial applicator when applying
restricted use pesticides; expanding applicability of the current civil
penalty provisions to any person or entity that violates the Kansas
pesticide law; adding additional categories of qualification for
certification and licensing; updating private applicator certificate
requirements; allowing the secretary to establish a training program for
initial certification of private applicators as an alternative to a written
examination; requiring additional information in statements of service
or contracts; government agencies to maintain records relating to each
application of pesticide made by such government agency; applying the
same criminal penalty to certified private applicators as other persons
for violations of the Kansas pesticide law; removing the secretary's
authority to deny, suspend, revoke or modify a permit if an applicant,
registrant or permit holder has been convicted or pled guilty to a state
or federal felony; amending K.S.A. 2-2438a, 2-2440, 2-2440b, 2-
2440e, 2-2443a, 2-2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-
2455, 2-2461, 2-2467a and 2-3310 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Each pesticide business licensee who applies
restricted use pesticides or causes restricted use pesticides to be applied
and employs uncertified applicators to make such pesticide applications
shall provide appropriate supervision and training for each uncertified
applicator.
(b) Each private applicator who permits uncertified applicators to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33 HB 2607—Am. by SC 2
apply restricted use pesticides or causes restricted use pesticides to be
applied shall provide appropriate supervision and training for each
uncertified applicator.
(c) Uncertified applicators may not apply any restricted use pesticide
unless the application is supervised by a certified applicator who is
certified to apply restricted use pesticides for the control of pests in the
category or subcategory for which the pesticide application is made.
(d) The secretary may adopt rules and regulations to prescribe
requirements for appropriate supervision and training of uncertified
applicators by certified applicators.
(e) Each uncertified applicator shall have received training, to the
extent prescribed by the secretary in rules and regulations, in each of the
subjects enumerated in K.S.A. 2-2443a, and amendments thereto.
(f) (1) Each pesticide business licensee shall maintain records to
verify that each uncertified applicator employed by such pesticide business
licensee has been properly trained.
(2) The secretary may adopt rules and regulations to prescribe record
requirements, including, but not limited to, the training information that
pesticide business licensees are required to maintain. Such records shall
be:
(A) Maintained for a period of three years after the training has been
given; and
(B) made available to the secretary or the secretary's authorized
designee upon request.
(g) This section shall be a part of and supplemental to the Kansas
pesticide law.
Sec. 2. K.S.A. 2-2438a is hereby amended to read as follows: 2-
2438a. As used in this act, unless the context otherwise requires, the
following words and phrases shall have the meanings ascribed to them in
this section:
(a) "Animal" means all vertebrate and invertebrate species, including,
but not limited to, man and other mammals, birds, fish and shellfish.
(b) "Department" means the Kansas department of agriculture of the
state of Kansas.
(c) "Certified applicator" means any individual who is certified under
this act to use or supervise the use of any restricted use pesticide which
that is classified for restricted use by a certified applicator.
(1) "Certified commercial applicator" means a certified applicator,
whether or not a private applicator with respect to some uses, who uses or
supervises the use of any pesticide which that is classified for restricted
use for any purpose or on any property other than as provided in paragraph
(2) of this subsection (c).
(2) "Certified private applicator" means a certified applicator who
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 3
uses or supervises the use of any pesticide which that is classified for
restricted use for purposes of producing any agricultural commodity, (A),
(A) on property owned or rented by such person or such person's employer
or (B) if applied without compensation other than trading of personal
services between producers of agricultural commodities, on the property of
another person or (B) if applied without compensation other than
trading of personal services between producers of agricultural
commodities, on the property of another person.
(d) "Defoliant" means any substance or mixture of substances
intended to cause the leaves or foliage to drop from a plant, with or
without causing abscission.
(e) "Desiccant" means any substance or mixture of substances
intended for artificially accelerating the drying of plant tissue.
(f) "Equipment" means any ground, water or aerial apparatus, used to
apply any pesticide but shall not include any pressurized hand size
household apparatus used to apply any pesticide or any equipment,
apparatus or contrivance of which the person who is applying the pesticide
is the source of power or energy in making such pesticide application.
(g) "Fungus" means any nonchlorophyll-bearing thallophyte,
including, but not limited to, rust, smut, mildew, mold, yeast and bacteria,
except those on or in man or other animals and those on or in processed
food, beverages or pharmaceuticals.
(h) "General use pesticide" shall mean and include means all
pesticides which that have not been designated, by rule or regulation of the
secretary, as being restricted use pesticides.
(i) "Insect" means any small invertebrate animal having the body
segmented, belonging to the class insecta and other classes of arthropods,
including, but not limited to, beetles, bugs, bees, flies, spiders, mites, ticks
and centipedes.
(j) "Registered pest control technician" means an uncertified
commercial applicator who applies pesticides for wood destroying pest
control, for structural pest control, for ornamental pest control, for turf pest
control, for interior landscape pest control or for any combination of these
types of pest control, and who has received verifiable training.
(k) "Nematode" means any unsegmented roundworms of the class
nematoda, with elongated, fusiform, or saclike bodies covered with cuticle,
inhabiting soil, water, plants or plant parts. Such roundworms may also be
referred to as nemas or eelworms.
(l) "Person" means any individual, partnership, association of
persons, corporation or governmental agency.
(m) "Pest" means, but is not limited to, any insect, rodent, nematode,
fungus, weed or any other form of terrestrial or aquatic plant or animal life
or virus, bacteria or other microorganism, except viruses, bacteria or other
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 4
microorganisms on or in man or other animals, or which that the secretary
may declare to be a pest.
(n) "Pesticide" means, but is not limited to, (1) any substance or
mixture of substances used to prevent, destroy, control, repel, attract or
mitigate any pest and (2) any substance or mixture of substances intended
to be used as a plant regulator, defoliant or desiccant.
(o) "Pesticide business" means any individual, partnership,
association of persons or corporation which that applies pesticides to the
property of another for compensation.
(p) "Pesticide business licensee" shall mean means an individual,
business, association of persons or corporation who is licensed or would
be required to be licensed under the provisions of K.S.A. 2-2440, and
amendments thereto.
(q) "Pesticide dealer" means any person who sells a pesticide to
another person for application.
(r) "Plant regulator" means any substance or mixture of substances
intended through physiological action, to accelerate or retard the rate of
growth or maturation, or to otherwise alter the behavior of plants but shall
not include substances insofar as they are used as plant nutrients, trace
elements, nutritional chemicals, plant inoculants or soil amendments. The
term "Plant regulator" shall does not include any such nutrient mixtures or
soil amendments as are commonly known as vitamin-hormone
horticultural products, intended for improvement, maintenance, survival,
health and propagation of plants, and not for pest destruction if such
mixtures or soil amendments, in the undiluted packaged concentration are
nontoxic and nonpoisonous.
(s) "Restricted use pesticide" shall mean and include means all
pesticide uses designated as such by rules and regulations of the secretary.
(t) "Secretary" means the secretary of agriculture.
(u) "Under the supervision of" means, unless otherwise provided by
the labeling of the pesticide product, acting under the instructions and
control of another person who is available if and when needed, even
though such other person is not physically present at the time and place the
act is done.
(v) "Weed" means any plant or part thereof which that grows where
not wanted.
(w) "Use of any pesticide in a manner inconsistent with its label or
labeling" means to use any pesticide in a manner not permitted by the label
or labeling.
(x) "Pest control" means the destruction, prevention, repulsion or
mitigation of a population, infection or infestation of a pest.
(y) "Pesticide management area" means a site or area designated by
the secretary pursuant to K.S.A. 2-2472, and amendments thereto, within
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 5
which where a pesticide management plan is deemed necessary for the
protection of the public health, safety, welfare or natural resources of the
state.
(z) "Natural resources" means and includes soils, water and any form
of terrestrial or aquatic or animal life.
(aa) "Pesticide rinsate" means the water contaminated with pesticides
from the cleaning of the inside of pesticide containers or pesticide tanks.
(bb) "Governmental agency" or "government agency" means any
officer, department, bureau, division, board, authority, agency, commission
or institution of a local, state or federal government when acting to
enforce or administer any law, regulation or ordinance or otherwise
acting in its official capacity.
Sec. 3. K.S.A. 2-2440 is hereby amended to read as follows: 2-2440.
(a) Subject to the provisions of subsection (d), it is unlawful for any
pesticide business that 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,
2028, 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, 2028, 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 6
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, surety bond or certificate of liability 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 that has not been issued a government agency
registration to apply pesticides within this state. Government agency
registration shall be required for pesticide applications in the sodium
cyanide predator control category, and applicators in this category shall
have sodium cyanide predatory control certification. 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, 2028, 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 7
rules and regulations fixing a different fee therefor under this subsection.
No fee shall be required of any township located within a county that 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 proof of financial responsibility 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.
Sec. 4. K.S.A. 2-2440b is hereby amended to read as follows: 2-
2440b. (a) It shall be unlawful for any pesticide business licensee to apply
pesticides for the control of wood destroying pests, structural pests,
ornamental pests, turf pests or interior landscape pests unless the
applicator of the pesticide is a certified commercial applicator or is a
registered pest control technician, except that an uncertified commercial
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 8
applicator may apply general use pesticides when either a certified
applicator or registered pest control technician is physically present.
(b) Registered pest control technicians may not supervise the use of,
or apply, any restricted use pesticide unless the application is supervised
by a commercial applicator who is certified to apply restricted use
pesticides for the control of pests in the category or subcategory for which
the pesticide application is made. The secretary may adopt rules and
regulations to prescribe requirements concerning the direct supervision of
registered pest control technicians by certified applicators.
(c) Any such employee applying for a pest control technician
registration shall file an application on a form prescribed by the secretary.
Application for such registration shall be accompanied by an application
fee established by rules and regulations adopted by the secretary, except
that such fee shall not exceed $40, except that on and after July 1, 2028,
such fee shall not exceed $25, and shall be reduced, but not below zero, by
an amount equal to the additional fee paid under K.S.A. 2-2440(b), and
amendments thereto, for such uncertified individual.
(c)(d) If the secretary finds the applicant qualified to be a registered
pest control technician after meeting the training requirements determined
by the secretary in rules and regulations, the secretary shall issue a pest
control technician registration that will expire at the end of the calendar
year.
(d)(e) This section shall be a part of and supplemental to the Kansas
pesticide law.
Sec. 5. K.S.A. 2-2440e is hereby amended to read as follows: 2-
2440e. (a) (1) Any pesticide business licensee or pesticide dealer who
person or entity that pesticide business licensee or pesticide dealer who
violates any of the provisions provision of K.S.A. 2-2453 or 2-2454, and
amendments thereto the Kansas pesticide law or any rules or regulations
adopted thereunder, in addition to any other penalty provided by law, may
incur a civil penalty imposed under subsection (b) in the amount fixed by
rules and regulations of the secretary in an amount not less than $100 nor
more than $5,000 $500 $5,000 for each violation and, in the case of a
continuing violation, every day such violation continues may be deemed a
separate violation, except that in no case shall the maximum total civil
penalty exceed $2,500. In the case of a continuing violation, the
maximum civil penalty shall not exceed $10,000.
(2) Except as provided in paragraph (1), any person who holds a
license, certification, registration or permit or is required to hold such
license, certification, registration or permit pursuant to the Kansas
pesticide law and violates any provision of the Kansas pesticide law or
any rules and regulations adopted thereunder, in addition to any other
penalty provided by law, may incur a civil penalty imposed under
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 9
subsection (b) in the amount fixed by rules and regulations of the
secretary in an amount not less than $100 nor more than $500 for each
violation, and in the case of a continuing violation, every day such
violation continues may be deemed a separate violation. In the case of a
continuing violation, the maximum civil penalty shall not exceed $2,500.
(b) A duly authorized agent of The secretary, may impose a civil
penalty as provided in this section upon a finding that a pesticide business
licensee or pesticide dealer any person or entity or any employee or agent
thereof or any person or entity required to be licensed as a pesticide
business licensee or, registered as a pesticide dealer who or certified as an
applicator violates has violated any provision of the provisions of K.S.A.
2-2453 and 2-2454, and amendments thereto, may impose a civil penalty
as provided in this section upon such licensee or dealer the Kansas
pesticide law or any rules or regulations adopted thereunderThe
secretary may impose a civil penalty as provided in this section upon a
finding that a pesticide business licensee, pesticide dealer or any person
or entity has violated any provision of the Kansas pesticide law or any
rules or regulations adopted thereunder.
(c) No civil penalty shall be imposed pursuant to this section except
upon the written order of the duly authorized agent of the secretary to the
pesticide business licensee or pesticide dealer who committed the
violation. Such order shall state the violation, the penalty to be imposed
and the right of such pesticide business licensee or pesticide dealer
pesticide business licensee, pesticide dealer or person or entity to appeal
to the secretary. Any such licensee or dealer, within 20 days after
notification, pesticide business licensee, pesticide dealer or person or
entity may make written request to the secretary for a hearing or informal
conference hearing in accordance with the provisions of the Kansas
administrative procedure act. The secretary shall affirm, reverse or modify
the order and shall specify the reasons therefor.
(d) Any pesticide business licensee, pesticide dealer or person or
entity aggrieved by an order of the secretary made under this section may
appeal such order to the district court in the manner provided by the
Kansas judicial review act.
(e) Any civil penalty recovered pursuant to the provisions of this
section shall be remitted to the state treasurer. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the state general fund.
(f) This section shall be a part of and supplemental to the Kansas
pesticide law.
Sec. 6. K.S.A. 2-2443a is hereby amended to read as follows: 2-
2443a. (a) An applicant for a commercial applicator's certificate shall show
upon written examination that the applicant possesses adequate knowledge
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 10
concerning the proper use and application of pesticides in the categories or
subcategories for which the applicant has applied. A commercial applicator
who holds a current certificate to apply pesticides commercially in any
other state or political subdivision of the United States may be exempted
from examination for certification in this state upon approval of the
secretary and payment of a $75 fee per category, unless a fee not to exceed
$75 is established in rules and regulations adopted by the secretary.
(b) (1) A certified commercial applicator may, at the discretion of the
secretary, obtain an additional certification allowing the application of
pesticides in another category or subcategory upon:
(A) Submission of a complete and accurate application;
(B) payment of a fee of $45; and
(C) completion of a training course approved by the secretary to
authorize such additional certification.
(2) The provisions of this subsection shall expire on December 31,
2028.
(c) (1) Notwithstanding any other provision of this section, except as
provided by paragraph (2), commercial applicator certification shall not
allow applications in the category of sodium cyanide predator control.
(2) The secretary may permit certified applicators of government
agencies to obtain sodium cyanide predator control certification.
(d) Applicants shall submit with each application a fee per
examination taken, including each category, subcategory and general core
examination. The examination fee shall be fixed by rules and regulations
adopted by the secretary, except that such fee shall not exceed $45 per
examination, except that on and after July 1, 2028, such fee shall not
exceed $35 per examination. Applicants who fail to pass the examination
may reapply and take another examination upon paying another
examination fee. Such fee shall be fixed by rules and regulations adopted
by the secretary, except that such fee shall not exceed $45 per examination,
except that on and after July 1, 2028, such fee shall not exceed $35 per
examination. The general core examination includes, but is not limited to,
the following:
(1) The proper use of the equipment.
(2) The hazards that may be involved in applying the pesticides,
including:
(A) The effect of drift of the pesticides on adjacent and nearby lands
and other non-target organisms;
(B) the proper meteorological conditions for the application of
pesticides and the precautions to be taken with such application;
(C) the effect of the pesticides on plants or animals in the area,
including the possibility of damage to plants or animals or the possibility
of illegal pesticide residues resulting on them;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 11
(D) the effect of the application of pesticides to wildlife in the area,
including aquatic life;
(E) the identity and classification of pesticides used and the effects of
their application in particular circumstances; and
(F) the likelihood of contamination of water or injury to persons,
plants, livestock, pollinating insects and vegetation.
(3) Calculating the concentration of pesticides to be used.
(4) Identification of common pests to be controlled and damages
caused by such pests.
(5) Protective clothing and respiratory equipment for handling and
application of pesticides.
(6) General precautions to be followed in the disposal of containers as
well as the cleaning and decontamination of the equipment which that the
applicant proposes to use.
(7) Applicable state and federal pesticide laws and regulations.
(8) Any other subject which that the secretary deems necessary.
Sec. 7. K.S.A. 2-2444a is hereby amended to read as follows: 2-
2444a. (a) (1) The categories of qualification for certification and licensing
shall include:
(1)(A) Agricultural pest control;
(2)(B) forest pest control;
(3)(C) ornamental and turf pest control;
(4)(D) seed treatment;
(5)(E) aquatic pest control;
(6)(F) right-of-way pest control;
(7)(G) industrial, institutional, structural and health related pest
control;
(8)(H) public health pest control;
(9)(I) regulatory pest control; and
(10)(J) demonstration and research pest control;
(11)(K) sodium cyanide predator control;
(12)(L) aerial pest control; and
(13)(M) soil fumigation.
(2) Sodium fluoroacetate predator control applications shall not be
allowed.
(b) The secretary shall have authority to subdivide any category of
qualification for certification or licensing enumerated in subsection (a) of
this section in order to account for the special needs or business practices
of this state. The secretary may also adopt any additional categories he or
she the secretary deems necessary for any reason. Any such changes in the
categories enumerated in subsection (a) shall be adopted by rules and
regulations of the secretary.
Sec. 8. K.S.A. 2-2445a is hereby amended to read as follows: 2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 12
2445a. (a) In lieu of obtaining a commercial applicator's certificate under
the provisions of K.S.A. 2-2441a, and amendments thereto, a private
applicator's certificate may be applied for by and issued to individuals at
least 18 years of age using restricted use pesticides.
(b) Private applicator certification shall only be used for the purpose
of producing any agricultural commodity on property owned or rented by
the individual or such individual's employer, or on the property of another
for no compensation other than the trading of personal services between
producers, or on the property of another for no compensation other
than the trading of personal services between producers.
(c) (1) Private applicator certification shall not authorize
applications in the following categories:
(A) Sodium cyanide predator control;
(B) non-soil fumigation;
(C) aerial application; or
(D) soil fumigation.
(2) Private applicators may obtain commercial applicator
certification in order to make applications in any such categories except
sodium cyanide predator control.
(3) Sodium fluoroacetate predator control applications shall not be
allowed.
(d) (1) A certified private applicator shall successfully pass a written
examination.
(2) The secretary may adopt rules and regulations to establish a
training program for initial certification as an alternative to the written
examination.
(e) Such certificates shall expire on the anniversary of the individual's
date of birth occurring in the fifth calendar year following the year of issue
and may be renewed for an additional five years by retaking the private
applicator examination or by attending recertification training pursuant to
K.S.A. 2-2446, and amendments thereto.
(f) Restricted use pesticides may be used only by a certified
applicator or by an uncertified applicator working under the direct
supervision of a certified applicator. No certification shall be required
hereunder for individuals operating under the direct supervision of a
certified private applicator, but such supervised applicators shall be at
least 18 years of age. If the uncertified applicator is directly supervised
by a relative or family member and is applying restricted use pesticides
for the purpose of producing any agricultural commodity on property
owned or leased by the individual or such individual's relative or
family member, then the supervised applicator shall be at least 16 17 16
years of age.
(b) (1)(g) Certified Private applicator certificates certification may be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 13
issued to individuals who have:(A) complied with all other applicable
requirements and paid a fee fixed by rules and regulations adopted by the
secretary, except that on and after July 1, 2028, such fee shall not exceed
$10; and(B) acquired practical knowledge of pest problems, proper
storage, use, handling and disposal of pesticides and pesticide containers,
pertinent information found on the pesticide labels, pesticide use safety
and environmental considerations, either through Kansas state university
extension service educational training or through individual study of
educational materials available at county extension offices or the secretary.
(2) The certified private applicator certificate 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 section. Individuals shall indicate adequate knowledge of the subjects
enumerated herein by passing an open-book examination approved by the
secretary.
(c) Educational materials and examination blanks shall be made
available at county extension offices and at places where extension
educational training is conducted. The examinations shall be scored by
members of the extension or secretary's staff. If an individual passes the
examination by equaling or exceeding a standard authorized by the
secretary, a certified private applicator's certificate shall be issued to such
individual. Such staff member shall send a copy of the certificate issued,
together with the fee, to the secretary such applicators shall be subject to
any testing or initial training fee established in rules and regulations
adopted by the secretary, in an amount not to exceed $75.
(d)(h) A certified applicator who holds a current certificate
certification to apply pesticides as a certified private applicator in any
other state or political subdivision of the United States may be exempted
from examination for private applicator certification in this state upon
payment of proper fees and approval by the secretary.
Sec. 9. K.S.A. 2-2446 is hereby amended to read as follows: 2-2446.
(a) A commercial applicator's certification may be renewed for a
succeeding three-year period by paying the fees prescribed in K.S.A. 2-
2441a, and amendments thereto, passing the examinations provided for in
K.S.A. 2-2443a, and amendments thereto, and completing the renewal
application form prescribed by the secretary.
(b) In lieu of such examinations, the secretary may accept attendance
and satisfactory completion of a training course approved by the secretary.
If certification is renewed by training, the renewal application form shall
be accompanied by a recertification-by-training fee of $50 per category
unless a fee not to exceed $50 is established in rules and regulations
adopted by the secretary.
(c) A certified commercial applicator may recertify by training
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 14
following the expiration of the certification period, if:
(1) All training requirements were completed during the certification
period; and
(2) the renewal application form and all appropriate fees were
received by the secretary on or before 30 days following expiration of the
certification period.
(d) (1) A private applicator's certification may be renewed for a
succeeding five-year period by paying the fee prescribed in K.S.A. 2-
2445a, and amendments thereto, passing the examination provided for in
K.S.A. 2-2445a, and amendments thereto, and completing the renewal
application form prescribed by the secretary. Such examination shall be
offered by the secretary by mail. County extension agricultural meetings
shall include pertinent pesticide information for private applicators.
(e)(2) In lieu of such private applicator examination, the secretary
may accept attendance and satisfactory completion of a training course
approved by the secretary pursuant to K.S.A. 2-2445a, and amendments
thereto. If certification is renewed by training, the renewal application
form shall be accompanied by a recertification-by-training fee of $50
unless a fee not to exceed $50 is established in rules and regulations
adopted by the secretary.
(e) A pest control technician's registration may be renewed for a
succeeding one-year period by paying the fees prescribed in K.S.A. 2-
2440b, and amendments thereto, completing the renewal form prescribed
by the secretary, and completing any requirements concerning retraining
prescribed by rules and regulations.
Sec. 10. K.S.A. 2-2448 is hereby amended to read as follows: 2-2448.
(a) Except as provided by subsection (b), the secretary shall not issue a
pesticide business license until the applicant has furnished proof of
financial responsibility by one of the following:
(1) A surety bond in an amount not less than $6,000 per year. The
bond shall be executed by a corporate surety and shall state the effective
date and the expiration date. The surety bond shall be executed on a form
approved by the secretary. The applicant shall be named as the principal in
the bond. Such bond shall be to the state of Kansas and shall be
conditioned upon compliance by the principal and by the principal's
officers, agents, representatives and employees, with the provisions of this
act and acts amendatory thereof and supplemental thereto. It shall be
unlawful for any licensed person to use the words "bond" or "bonded" in
advertising or in publicizing such person's operations in connection with
the application of pesticides unless such bond is a performance bond and
that fact and the amount of such bond are specified. one of the following:
(1) A surety bond in an amount not less than $6,000 per year. The
bond shall be executed by a corporate surety and state the effective
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 15
date and the expiration date. The surety bond shall be executed on a
form approved by the secretary. The applicant shall be named as the
principal in the bond. Such bond shall be to the state of Kansas and
conditioned upon compliance by the principal and the principal's
officers, agents, representatives and employees, with the provisions of
this act and amendments thereto. It shall be unlawful for any licensed
person to use the words "bond" or "bonded" in advertising or
publicizing such person's operations in connection with the
application of pesticides unless such bond is a performance bond and
such designation and the amount of such bond are specified.
(2) providing (2) A certificate of liability insurance. The certificate
of liability insurance shall be executed by an insurance company
authorized to do business in Kansas or by a licensed insurance agent
operating under authority of K.S.A. 40-246b, and amendments thereto, and
shall state the effective date and the expiration date of the policy. Such
liability insurance shall be subject to the insurer's policy provisions filed
with and approved by the commissioner of insurance pursuant to K.S.A.
40-216, and amendments thereto, except as authorized by K.S.A. 40-246b,
and amendments thereto. The liability insurance policy shall provide: (A)
(1)(A) Coverage for not less than $25,000 for bodily injury liability for
each occurrence; and (B) (2)(B) coverage for not less than $5,000 for
property damage liability for each occurrence. In addition to the coverage
specified above, if the applicant for a pesticide business license is an aerial
applicator, the liability insurance policy shall provide coverage for any
pesticide such applicant will be applying and for comprehensive chemical
coverage. Pesticide application equipment, if required to be registered
under K.S.A. 2-2456, and amendments thereto, shall be covered. The
insurer shall notify the secretary, in writing, of any expiration, reduction or
cancellation of liability insurance, furnished as a prerequisite of licensure,
not later than 10 days before the expiration, reduction or cancellation takes
effect. Upon expiration, reduction or cancellation of the liability insurance,
the secretary shall suspend such pesticide applicator's business license
until the insurance requirement is met by the licensee for the current
license period. The certificate shall be executed on a form approved by the
secretary.
(3) A $6,000 letter of credit from a Kansas financial institution, as
defined in K.S.A. 16-117, and amendments thereto. The letter of credit
shall be executed on a form approved by the secretary. The letter of credit
shall state the effective date and the expiration date and shall be valid
through the term of the applicant's business license. Upon cancellation of
the letter of credit, the secretary shall suspend such pesticide applicator's
business license until the letter of credit requirement is met by the licensee
for the current license period.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 16
(4) Maintaining a minimum balance of $6,000 in an escrow account
in a Kansas financial institution as defined in K.S.A. 16-117, and
amendments thereto. The escrow account shall maintain the minimum
balance through the term of the applicant's business license. The secretary
shall be notified in writing by the financial institution within 10 days if the
amount in the escrow account falls below the $6,000 minimum balance.
Upon notification, the secretary shall suspend such pesticide applicator's
business license until the escrow account minimum balance is at $6,000.
(b) Before June 1, 1994, the financial responsibility and proof of
financial responsibility required pursuant to this section prior to March 1,
1994, shall continue to apply to any pesticide business holding a valid
pesticide business license on February 28, 1994, and no different or
additional financial responsibility or proof of financial responsibility shall
be required of such business. On or before June 1, 1994, each pesticide
business licensed before March 1, 1994, shall furnish to the secretary proof
of financial responsibility conforming to the requirements of this section
as amended by this act.
(c) The requirements of this section as amended by this act shall
apply to any applicant applying for an original pesticide business license
on or after March 1, 1994, and no different or additional financial
responsibility or proof of financial responsibility shall be required of such
applicant.
(b) (1) Prior to January 1, 2025, any existing proof of financial
responsibility that has been properly filed with the secretary and remains
valid shall fulfill the proof of financial responsibility requirements of the
Kansas pesticide law.
(2) On and after January 1, 2025, pesticide business licensees and
applicants shall have a certificate of liability insurance or surety bond
properly filed with the secretary in accordance with the provisions of this
section to fulfill the proof of financial responsibility requirements of the
Kansas pesticide law.
Sec. 11. K.S.A. 2-2449 is hereby amended to read as follows: 2-2449.
The secretary may deny, suspend, revoke or modify the provisions of any
license, registration, permit or certificate issued under this act, if the
secretary finds, after notice and opportunity for a hearing are given in
accordance with the provisions of the Kansas administrative procedure act,
that the applicant, licensee, registrant, permit holder or certificate holder
has:
(a) Been convicted of or pleaded guilty to a violation of this act, or
been convicted of or pleaded guilty to a felony under the laws of this state
or of the United States, if the secretary determines, after investigation, that
such person has not been sufficiently rehabilitated to warrant the public
trust;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 17
(b) failed to comply with any provision or requirement of this act or
any rule and regulation adopted thereunder, or any of the laws or rules and
regulations of any other state or the United States relating to licensing or
other provisions concerning pesticide use or control; or
(c) had any license, certificate, registration or permit issued to the
person under this act, or the pest control or pesticide use laws of any other
state revoked.
Sec. 12. K.S.A. 2-2450 is hereby amended to read as follows: 2-2450.
(a) If the surety bond, surety bond or certificate of liability insurance,
letter of credit or proof of an escrow account previously furnished by the
licensee expires or is canceled or terminated, the secretary shall suspend
without a hearing the pesticide business license until an acceptable
substitute surety bond, letter of credit, proof of an escrow account or an
acceptable substitute surety bond or a certificate establishing acceptable
replacement of liability insurance is supplied.
(b) If the pesticide business fails to employ one or more commercial
applicators certified in each category and subcategory in which the
pesticide business makes commercial pesticide applications, the secretary
may suspend, without a hearing, the pesticide business license for that
category until the pesticide business employs a commercial applicator with
the appropriate certification.
Sec. 13. K.S.A. 2-2455 is hereby amended to read as follows: 2-2455.
(a) Each pesticide business shall present to each customer for whom such
business performs a pest control service involving the application of
pesticides a statement of services or contract setting forth the following
information:
(1) Business name and, address and license number of the pesticide
business licensee;
(2) name and address of the customer;
(3) pest or pests to be controlled, which may be stated in general
terms;
(4) pesticide to be used including the quantity applied and total area
to which the pesticide is applied;
(5) the concentration or rate of application, when applicable;
(6) the date and, location and start and end time of the application of
the pesticide;
(7) the expiration date of all guarantees, if any be given;
(8) the signature and applicator certification number of the individual
who performed the pest control service or the application of pesticides;
(9) the signature and applicator certification number of the individual
who supervised the performance of the pest control service or the
application of pesticides, when applicable;
(10) the wind direction and velocity, when applicable; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 18
(11) that the application was less than label rate, when applicable.
(b) Whenever the service involving the application of pesticides is
performed for the purpose of controlling termites, powder-post beetles,
wood borers, wood-rot fungus or any other wood destroying pest, the
following information shall be included in addition to that required under
subsection (a):
(1) The conditions under which retreatments, if any are to be made;
(2) the approximate date or dates of inspections, for any to be made
after the original application of the pesticide; and
(3) a diagram of the structure to be treated, showing the location of
visible evidence of active and inactive infestations by any wood destroying
pest or pests for which the treatment is proposed; where a partial or spot
treatment is to be made, this diagram shall also show the area or areas of
the structure which that are to be treated.
(c) (1) The required statement of services or contract for services
involving the application of pesticides may be incorporated into any
business form used by the pesticide business licensee.
(2) The statement of services or contract shall be presented to the
customer in paper format, unless the customer agrees to receive all or part
of the statement of services or contract in electronic format.
(3) The pesticide business licensee shall present the statement of
services or contract to the customer within 30 days of when the pest
control services were provided and prior to the due date for payment of the
services, if the services are not a prepaid agreement. Upon the customer's
request, the statement of services or contract shall be presented to the
customer no later than the close of business on the business day following
the request.
(4) Upon request of the secretary or the secretary's designee, a
duplicate of the statement of services or contract provided to the customer
shall be made available within two business days to the secretary or the
secretary's designee.
(5) Any pesticide business licensee using aerial methods of applying
pesticides may present such information at any time prior to the time
payment is accepted.
(6) The statement of services or contract may be signed using the
legible printed names of the individuals who performed and, when
applicable, supervised the performance of the pest control service or the
application of pesticide.
(7) The pesticide business licensee shall retain a copy of each
statement of services or contract in such licensee's files for a period of
three years from the expiration date of any statement of services or
contract.
(8) Each pesticide business licensee shall faithfully carry out the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 19
stipulations set forth in any statement of services or contract prepared by
such licensee or any of its representatives.
(d) Each pesticide business licensee shall make available to the
secretary upon request, a copy of any statement of services or contract,
records of all pesticide applications during any specified period, records of
all employees who performed any service involving, or in conjunction
with, the application of pesticides and any other requested information
pertinent to the administration of this act or any rule or regulation adopted
hereunder by the secretary.
(e) (1) Each government agency shall maintain records relating to
each application of pesticide made by such government agency.
(2) Such records shall be provided to the secretary upon request.
(3) Such records shall include the following information:
(A) The name, complete street address and registration number of the
government agency;
(B) the pest or pests to be controlled, which may be stated in general
terms;
(C) the pesticide to be used, including the quantity applied and total
area where the pesticide is applied;
(D) the concentration or rate of application, when applicable;
(E) the date, location and start and end time of the application of the
pesticide;
(F) the signature and applicator certification number of the
individual who performed the pest control service or the application of
pesticides;
(G) the signature and applicator certification number of the
individual who supervised the performance of the pest control service or
the application of pesticides, when applicable;
(H) the wind direction and velocity, when applicable;
(I) that the application was less than label rate, when applicable;
(J) the complete product name of the pesticide as the name appears
on the label; and
(K) the pesticide EPA registration number.
(f) Pesticide business licensees and government agencies shall create
or verify the existence of records documenting that each uncertified
applicator has the necessary qualifications as set forth in rules and
regulations adopted by the secretary.
(g) The secretary shall require certified commercial applicators who
are not employed by or otherwise acting for a pesticide business licensee
to maintain records concerning applications of restricted use pesticides.
The secretary shall specify by rules and regulations the information to be
contained in such records, which. Such records shall be maintained for
three years from the date of application of the pesticide concerned. Such
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 20
records shall be open to inspection by the secretary or the secretary's
designee during normal business hours, and copies shall be furnished to
the secretary or the secretary's designee upon request.
Sec. 14. K.S.A. 2-2461 is hereby amended to read as follows: 2-2461.
(a) Any person other than a certified private applicator violating or failing
to comply with any provision of this act or any authorized rule or
regulation of the secretary shall be deemed guilty of a class A
misdemeanor. Each separate violation shall constitute a separate offense.
(b) Any certified private applicator who violates any of the provisions
of this act or any authorized rules and regulations of the secretary shall be
deemed guilty of a misdemeanor, and upon conviction shall be punished
by a fine of not less than $100 and not more than $500. Each day of
operation after notice shall constitute a separate offense.
(c) The district courts of Kansas shall have jurisdiction to restrain
violations of this act by injunction without the institution of criminal
proceedings. Said Such injunction shall be issued without bond.
Sec. 15. K.S.A. 2-2467a is hereby amended to read as follows: 2-
2467a. The secretary is hereby authorized to promulgate and adopt rules
and regulations for the administration of this act and concerning the
following matters which include, but are, including, but not limited to:
(a) The designation of certain pesticides as restricted use pesticides as
provided in K.S.A. 2-2439, and amendments thereto;
(b) the designation of categories for the issuance of pesticide business
licenses as provided in K.S.A. 2-2444a, and amendments thereto;
(c) the designation of categories for the certification of applicators as
provided in K.S.A. 2-2444a, and amendments thereto;
(d) the designation of training requirements for those persons
applying for a pest control technician's registration as provided in K.S.A.
2-2440b, and amendments thereto;
(e) the registration and identification of equipment used in the
commercial application of pesticides as provided in K.S.A. 2-2456, and
amendments thereto;
(f) the storing and discarding of pesticides, pesticide materials,
pesticide rinsates and pesticide containers;
(g) proper health and safety precautions;
(h) proof of financial responsibility including acceptable surety bond,
financial responsibility, including acceptable surety bond or liability
insurance coverage, letter of credit or proof of an escrow account;
(i) furnishing of reports and information necessary for the secretary to
carry out the provisions of this act; and
(j) imposing limitations on the use of any pesticide in a manner
inconsistent with its label or labeling, pursuant to K.S.A. 2-2471, and
amendments thereto; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 HB 2607—Am. by SC 21
(k) any procedural or other matters related to the designation of
pesticide management areas.
Sec. 16. K.S.A. 2-3310 is hereby amended to read as follows: 2-3310.
The secretary, after notice and opportunity for a hearing in accordance
with the provisions of the Kansas administrative procedure act, may deny,
suspend, revoke or modify the provisions of any permit issued under this
act, if the secretary finds that the applicant, registrant or permit holder has:
(a) Been convicted of or pleaded guilty to a violation of this act or the
Kansas pesticide law, or has been convicted of or pleaded guilty to a
felony under the laws of this state or of the United States, if the board
determines, after investigation, that such person has not been sufficiently
rehabilitated to warrant the public trust;
(b) failed to comply with any provision or requirement of this act or
any rule and regulation adopted thereunder; or
(c) had any certificate, registration or permit issued under this act or
the Kansas pesticide law revoked.
Sec. 17. K.S.A. 2-2438a, 2-2440, 2-2440b, 2-2440e, 2-2443a, 2-
2444a, 2-2445a, 2-2446, 2-2448, 2-2449, 2-2450, 2-2455, 2-2461, 2-2467a
and 2-3310 are hereby repealed.
Sec. 18. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21