SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2607
As Amended by Senate Committee on
Agriculture and Natural Resources
Brief*
HB 2607, as amended, would amend and update the
Kansas Pesticide Law (Pesticide Law) and Kansas
Chemigation Safety Law (Chemigation Law).
The bill would also make technical amendments
throughout the statutes amended by the bill.
Supervision and Training; Rules and Regulations (New
Section 1)
The bill would require pesticide business licensees and
private applicators to provide appropriate supervision and
training for uncertified applicators who apply restricted use
pesticides.
The bill would prohibit uncertified applicators from
applying 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.
Uncertified applicators would be required to have
received training in each of the subjects listed in KSA 2-
2443a, which details the list of subjects covered in the
commercial applicator’s examination.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Each pesticide business licensee would be required to
maintain records that verify each uncertified applicator
employed by the business has been properly trained.
The bill would authorize the Secretary of Agriculture
(Secretary) to adopt rules and regulations for the following
purposes:
●To prescribe requirements for appropriate
supervision and training of uncertified applicators
by certified applicators; and
●To prescribe record requirements, including, but
not limited to, training information that pesticide
business licensees are required to maintain. The
records would be:
○Maintained for three years after the training
has been given; and
○Available upon request of the Secretary or the
Secretary’s designee.
This section of the bill would be part of and
supplemental to the Pesticide Law.
Definitions (Section 2)
The bill would define “governmental agency” and
“government agency” to mean 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.
Financial Responsibility (Sections 3, 10, 12, and 15)
The bill would clarify the requirements of proof of
financial responsibility for a pesticide business license.
Applicants for a license would be required to file a surety
2- 2607 bond or certificate of liability insurance instead of letters of
credit or proof of an escrow account.
The bill would also clarify that a government agency is
not required to furnish proof of financial responsibility during
the registration process.
Government Agency (Section 3)
The bill would require a government agency to register
for pesticide applications of sodium cyanide predator control
pesticides, and applicators of these pesticides would be
required to be certified.
[Note: According to the U.S. Environmental Protection
Agency (EPA), sodium cyanide is a single-dose poison used
on pastures, range, and forest land to control coyote, red fox,
grey fox, and wild dog populations that prey upon, or are
likely to prey upon, livestock, poultry, or endangered species.]
Registered Pest Control Technicians (Section 4)
The bill would allow uncertified applicators to apply
general use pesticides when a certified applicator or
registered pest control technician is physically present. The
bill would prohibit registered pest control technicians from
supervising the use of, or applying, any restricted use
pesticide unless supervised by a commercial applicator who
is certified to apply restricted use pesticides for pest control in
the category or subcategory for which the application is
made.
The bill would allow the Secretary to adopt rules and
regulations to prescribe requirements concerning the direct
supervision of registered pest control technicians by certified
applicators.
3- 2607 Civil Penalties (Section 5)
Pesticide Business Licensee and Pesticide Dealer
The bill would make clarifying changes to the civil
penalties that could be imposed by the Secretary upon a
finding that a pesticide business licensee or pesticide dealer
has violated the Pesticide Law or rules and regulations.
In the case of a continuing violation, the bill would cap
the maximum civil penalty at $10,000.
Individual Person (Non-business, Non-dealer)
The bill would state that except as provided under this
section, any person who holds a license, certification,
registration, or permit, or is required to hold as such pursuant
to the Pesticide Law, and violates any provision of the
Pesticide Law or any adopted rules and regulations, could
incur a civil penalty in an amount set through rules and
regulations adopted by the Secretary.
The civil penalty would be an amount no less than $100
and no more than $500 for each violation. In the case of a
continuing violation, every day the violation continues could
be deemed a separate violation, and the maximum civil
penalty would be capped at $2,500.
Any Pesticide Business Licensee, Pesticide Dealer, or
Person
The bill would clarify and authorize the Secretary to
impose a civil penalty as provided by this section upon a
finding that a pesticide business licensee, pesticide dealer, or
any person has violated any provision of the Pesticide Law or
any rules and regulations adopted by the Secretary.
4- 2607 Commercial Applicators Certification (Section 6)
The bill would, at the discretion of the Secretary, allow
certified commercial applicators to obtain an additional
certification in another category or subcategory upon:
●Submission of a complete and accurate
application;
●Payment of a $45 fee; and
●Completion of a training course approved by the
Secretary to authorize the additional certification.
The bill would sunset this provision of the bill on
December 31, 2028.
The bill would also state commercial applicator
certification would not allow applications in the category of
sodium cyanide predator control, with some exceptions;
however, the Secretary could allow government agencies to
obtain certification in that category.
Certification and License Categories (Section 7)
The bill would add sodium cyanide predator control,
aerial pest control, and soil fumigation to the categories that
would be required to obtain certification and licensing.
Private Applicator Certification (Sections 8–9)
The bill would require individuals applying for
certification to apply restricted use pesticide to be at least 18
years old. The bill would clarify a private applicator
certification would only be used for the purpose of producing
any agricultural commodity on property owned or rented by
the individual or their employer.
5- 2607 Private applicator certification would not authorize
applications in the following categories:
●Sodium cyanide predator control;
●Non-soil fumigation;
●Aerial application; or
●Soil fumigation.
Private applicators could obtain commercial applicator
certification to make applications in the above categories
except for sodium cyanide predator control. The bill would
also prohibit application of sodium fluoroacetate predator
control.
[Note: Sodium fluoroacetate is known as Compound
1080 and is not allowed to be used in the state unless
authorized by a permit issued under the authority of the
Secretary of Wildlife and Parks. It is non-selective, meaning it
is toxic to all mammals.]
The bill would require a certified private applicator to
pass a written examination. The Secretary could adopt rules
and regulations to establish a training program as an
alternative to the written examination.
In lieu of a private applicator examination, the Secretary
could accept attendance and satisfactory completion of a
training course approved by the Secretary. If certification is
renewed by training, the renewal application form would be
accompanied by a recertification-by-training fee of $50,
unless established at a lower amount by the Secretary
through rules and regulations.
Certification renewal could occur every five years by
retaking the private applicator examination or attending
recertification training.
The bill would remove the requirement the Secretary
offer a correspondence course for a private applicator’s
certification.
6- 2607 The bill would authorize restricted use pesticides to be
used only by a certified applicator or by an uncertified
applicator working under the direct supervision of a certified
applicator. No certification would be required for individuals
operating under the direct supervision of a certified private
applicator, but the supervised applicators would 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
the individual’s relative or family member, then the supervised
applicator would be required to be at least 16 years of age.
The bill would clarify that private applicator certification
could be issued to individuals who have complied with all
other applicable requirements and would be subject to any
testing or initial training fee established in rules and
regulations adopted by the Secretary that could not exceed
$75.
Secretary’s Authority (Sections 11 and 16)
The bill would remove the authority of the Secretary to
deny, suspend, revoke, or modify any license, registration,
permit, or certificate issued based on if an applicant, licensee,
registrant, permit holder, or certificate holder has been
convicted of or pleaded guilty to a non-Pesticide Law felony
under state law or laws of the United States. Continuing law
allows the Secretary to take action for Pesticide Law
violations.
Statement of Services; Record Retention (Section 13)
Currently, an applicator is required to present a
statement of services to each customer. The bill would add
additional information to be included in the statement of
services.
7- 2607 The bill would add requirements for government agency
record retention. Each government agency would be required
to maintain records relating to each application of pesticide
made by the government agency. The records would be
provided to the Secretary upon request.
The bill would require the records to include:
●The name, complete street address, and
registration number of the government agency;
●The pest or pests to be controlled, which may be
stated in general terms;
●The pesticide to be used, including the quantity
applied and total area where the pesticide is
applied;
●The concentration or rate of application, when
applicable;
●The date, location, and start and end times of the
application of the pesticide;
●The signature and applicator certification number
of the individual who performed the pest control
service or the application of pesticides;
●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;
●The wind direction and velocity, when applicable;
●The complete product name of the pesticide as the
name appears on the label; and
●The pesticide EPA registration number.
8- 2607 In addition, the bill would require pesticide business
licensees and government agencies to 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.
Criminal Penalties (Section 14)
The bill would apply the same criminal penalty, class A
misdemeanor, to any person who violates Pesticide Law and
Chemigation Law.
Background
The bill was introduced by the House Committee on
Agriculture and Natural Resources at the request of the
Deputy Secretary of Agriculture.
House Committee on Agriculture and Natural Resources
In the House Committee hearing, proponent testimony
was provided by the Deputy Secretary of Agriculture and
representatives of Kansas Agricultural Aviation Association;
Kansas Corn Growers Association; Kansas Farm Bureau;
and Kansas Grain and Feed Association and Kansas
Agribusiness Retailers Association.
The proponents stated the changes proposed in the bill
reflect Kansas Department of Agriculture’s (KDA)
environmental plan that has been approved by the EPA. The
changes to statute would reflect the changes that the EPA
has mandated in state programs. The proponents stated that
stakeholder organizations support the proposed changes, as
compliance will allow Kansas to keep its primacy on
environmental policy and issues.
Written-only proponent testimony was provided by a
representative of the Kansas Cooperative Council.
9- 2607 No other testimony was provided.
The House Committee amended the bill to:
●Restore an exemption for trading personal services
between producers of agricultural commodities, on
the property of another person (bartering);
●Decrease the maximum cap on the fine for a
violation from $5,000 to $500 and create a total
maximum cap on fines of $2,500;
●Restore language to authorize the Secretary to
impose a civil penalty on any person or entity in
violation of Pesticide Law and Chemigation Law;
●Require a person applying a restricted use
pesticide being supervised by a family member to
be at least 17 years old;
●Require the initial certification and training be
conducted by the KDA; and
●Restore the proof of financial responsibility to
include surety bonds.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony
was provided by Representative Gardner and representatives
of Kansas Agricultural Aviation Association, Kansas Corn
Growers Association, and Kansas Farm Bureau. The
proponents provided feedback on the amendments made by
the House Committee and suggested further amendments on
the civil penalties portion of the bill.
Written-only testimony was provided by a representative
of the Kansas Cooperative Council.
No other testimony was provided.
10- 2607 The Senate Committee amended the bill to:
●Restore language to current law regarding
“pesticide business licensee or pesticide dealer”
rather than “person or entity”;
●Restore the civil penalty cap for violation of the
Kansas Pesticide Law or any rules and regulations
to the current limitation of $5,000 (current law)
rather than $500;
●Add a maximum civil penalty of $10,000 in the
case of a continuing violation by a pesticide
business licensee or pesticide dealer;
●Authorize the Secretary to adopt rules and
regulations that would set a civil penalty at an
amount no less than $100 and no more than $500;
●Add a maximum civil penalty of $2,500 in the case
of a continuing violation by a person who holds a
license, certification, registration, or permit;
●Restore language regarding the age from 17 to 16
years old of a person who could apply a restricted
use pesticide while being supervised by a family
member (the bill, as introduced); and
●Add technical amendments.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KDA indicates
enactment of the bill could increase fee revenue in both FY
2025 and FY 2026 with the addition of the licensure and
certification of sodium cyanide applications. However, the
KDA cannot estimate a fiscal effect as it cannot accurately
determine if current commercial applicators would choose the
new method. The Kansas Department of Health and
11- 2607 Environment indicates the enactment of the bill would not
have a fiscal effect on the agency. Any fiscal effect associated
with the bill is not reflected in The FY 2025 Governor’s
Budget Report.
Kansas Department of Agriculture; Secretary of Agriculture; Kansas Pesticide Law;
Kansas Chemigation Safety Law; restricted use pesticides; pesticide applicators;
fees
12- 2607