HOUSE BILL No. 2607
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
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 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
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. HOUSE BILL No. 2607—page 2
(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
uses or supervises the use of any pesticide which that is classified for
restricted use for purposes of producing any agricultural commodity,
(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.
(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 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. HOUSE BILL No. 2607—page 3
(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 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 HOUSE BILL No. 2607—page 4
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 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 HOUSE BILL No. 2607—page 5
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 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 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 HOUSE BILL No. 2607—page 6
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
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 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 $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
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, upon a finding that a
pesticide business licensee or pesticide dealer 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 violates any 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 dealerThe secretary may impose a civil penalty as provided
in this section upon a finding that a pesticide business licensee,
pesticide dealer or any person 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 HOUSE BILL No. 2607—page 7
penalty to be imposed and the right of such pesticide business licensee
or, pesticide dealer or person to appeal to the secretary. Any such
licensee or dealer, within 20 days after notification, pesticide business
licensee, pesticide dealer or person 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
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 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: HOUSE BILL No. 2607—page 8
(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;
(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;
(K) sodium cyanide predator control;
(L) aerial pest control; and
(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-
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. HOUSE BILL No. 2607—page 9
(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
years of age.
(b) (1)(g) Certified Private applicator certificates certification may
be 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 HOUSE BILL No. 2607—page 10
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
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
amendments thereto. It shall be unlawful for any licensed person to use
the words "bond" or "bonded" in advertising or in publicizing such HOUSE BILL No. 2607—page 11
person's operations in connection with the application of pesticides
unless such bond is a performance bond and that fact such designation
and the amount of such bond are specified.
(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) Coverage for not less than $25,000 for bodily injury liability for
each occurrence; and (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.
(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 HOUSE BILL No. 2607—page 12
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;
(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, 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 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; HOUSE BILL No. 2607—page 13
(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
(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
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 HOUSE BILL No. 2607—page 14
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 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: HOUSE BILL No. 2607—page 15
(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, 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
(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. HOUSE BILL No. 2607—page 16
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.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
President of the Senate.
Secretary of the Senate.
APPROVED ______________________________________________________________________________
Governor.