K.S.A. § 2-2455 — KS Code / Chapter 2 / Article 24 / Section 2-2455
2-2455 - Written statement for services to customer; maintenance of records relating to application of pesticides by pesticide businesses and governmental agencies; required information; making such records available to secretary.
Status: in_force

2-2455. Written statement for services to customer; maintenance of records relating to application of pesticides by pesticide businesses and governmental agencies; required information; making such records available to secretary. (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, 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, 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

(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 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 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 pesticides. The secretary shall specify by rules and regulations the information to be contained in such records. 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.