KRS § 217.570 — KY Code / Title XVIII / Chapter 217 / Section 217.570
217.570 Registration of pesticides -- Annual inspection fee -- Renewal
Status: in_force

217.570 Registration of pesticides -- Annual inspection fee -- Renewal.

(1) (a) Except as provided by paragraph (b) of this subsection, every pesticide

distributed within the state or delivered for transportation or transported in

intrastate commerce or between points within the state through points outside

the state shall be registered with the department.

(b) Registration is not required if:

1. A pesticide is shipped from one (1) plant or warehouse to another plant

or warehouse operated by the same person and used solely at the plant

or warehouse as a constituent part to make a pesticide which is

registered under the provisions of KRS 217.542 to 217.630; or

2. If the pesticide is distributed under the provisions of an experimental use

permit issued under the provisions of KRS 217.542 to 217.630 or an

experimental use permit issued by EPA.

(c) All registrations shall expire on the thirty-first day of December of the

calendar year for which they were issued.

(2) The applicant for registration shall file with the department, a statement containing:

(a) The name and address of the applicant and the name and address of the person

whose name will appear on the label, if other than the applicant's;

(b) The name of the pesticide and its EPA registration number;

(c) A complete copy of the labeling accompanying the pesticide and a statement

of all claims made or to be made for it including directions for use and a

request that the pesticide be classified for nonrestricted use, for restricted use,

or for both as provided for in FIFRA. In the case of renewal of registration, a

statement shall be required only with respect to information which is different

from that furnished when the pesticide was registered or last reregistered,

unless the department requests a copy of the labeling; and

(d) Other necessary information as specified by the department on the application

for registration form.

(3) The department may require a full description of the tests made and results of the

tests upon which the claims are based on any pesticide not registered in accordance

with Section 3 of FIFRA, or on any pesticide on which restrictions are being

considered.

(4) (a) The applicant desiring to register a pesticide in this state shall make

application on forms furnished by the department, and, for the purposes

identified in paragraph (b) of this subsection, shall pay to the department an

annual fee of two hundred fifty dollars ($250) for each and every brand or

grade to be offered for sale in this state. There shall be issued to the registrant

by the department a license entitling the registrant to sell all duly registered

brands in this state until the expiration of the license.

(b) The annual fees received by the department shall be used to fund:

1. The Kentucky Agriculture and Environment in the Classroom program,

a program administered by the department;

2. The farm chemical and container disposal program, a program

administered by the department;

3. The cost-sharing program through the department and the Energy and

Environment Cabinet, Division of Conservation, for the use of farmers

in implementing agricultural production practices that protect the quality

of soil and water resources; and

4. Expenses incurred in the enforcement of KRS 217.542 to 217.630.

(5) The department, when necessary in the administration of KRS 217.542 to 247.630,

may require the submission of the complete formula of any pesticide, including the

active and inert ingredients.

(6) The department may refuse to register, or to cancel the registration of, any brand of

pesticide upon satisfactory proof that the registrant has been guilty of fraudulent

and deceptive practices in evasions or attempted evasions of the provisions of KRS

217.542 to 217.630 or any administrative regulations promulgated under KRS

217.542 to 217.630. No registration shall be revoked or refused until the registrant

has been given a hearing by the department.

(7) Registrants desiring to renew registrations shall file with the department an

application for renewal prior to January 1. Any registration in effect on the thirty-

first day of December and for which a renewal application has been made and the

proper fee paid shall continue in full force and effect until the department has

notified the applicant that the registration has been renewed, or denied.

(8) If the renewal of a pesticide registration is not filed prior to January 15 of any year,

or if a new product is sold or offered for sale prior to registration, an additional fee

of ten dollars ($10) shall be assessed and added to the original fee before the

registration of that pesticide is renewed or a new registration is accepted. The

additional fee shall not apply if the applicant furnishes an affidavit certifying that he

did not distribute any unregistered pesticides during the period of nonregistration.

The payment of the additional fee is not a bar to any prosecution for doing business

without proper registry.

(9) Upon certification by the administrator of EPA to register pesticides in accordance

with Section 24(c) of FIFRA, the department may register the pesticides if it

determines that:

(a) Its composition warrants the proposed claims for it;

(b) Its labeling and other material required to be submitted meet with the

requirements of KRS 217.542 to 217.630;

(c) It will perform its intended function, and when used in accordance with

widespread and commonly recognized practice, will not cause unreasonable

adverse effects on the environment; and

(d) The registration is not disapproved by the administrator of EPA.