reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-6a - Transfers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Transfer to a
			 permanent storage container shall be made only to a system displaying a current
			 KDA-issued proof-of-inspection seal.
(b) Each container filled according to liquid
			 level by any gauging method, other than a 85 percent fixed-length dip tube
			 gauge, shall have a thermometer well and functional thermometer so that the
			 internal liquid temperature can be easily determined and the amount of liquid
			 in the container can be easily corrected to the volume the liquid would occupy
			 at 60F.
(c) A transfer shall not
			 exceed one of the following:
(1) 85 percent of
			 the container's capacity by volume; or
(2) 56 percent filling density for permanent
			 storage containers or 54 percent filling density for implements of
			 husbandry.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-6b - Transfers; tank cars and transport trucks; additional requirements

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the transfer requirements in
				K.A.R.
				4-10-6a, each transfer from a tank car or
				transport truck shall meet the following requirements:
(a) Except when loading into implements of
			 husbandry or reactor units, tank cars and transport trucks shall be unloaded
			 only through a permanently installed loading point and into a permanent storage
			 container.
(b) A sign reading
			 "Stop-Tank Car Connected" shall be displayed at the active end or ends of the
			 siding while the tank car is connected for unloading.
(c) While tank cars are on a side track for
			 unloading, the wheels at both ends shall be blocked on the rails.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-7 - Implements of husbandry

Current through Register Vol. 43, No. 28, July 11, 2024
In addition to the container requirements in
				K.A.R.
				4-10-2e,
				4-10-4a,
				4-10-4b,
				4-10-4d through
				4-10-4f, and
				4-10-6a, each system that is
				mounted on an implement of husbandry and is used for the transport of anhydrous
				ammonia shall meet the following requirements:
(a)
(1) A
			 stop or stops shall be attached to either the vehicle or the container to
			 prevent the container from being dislodged from its mounting if the vehicle
			 stops suddenly.
(2) A hold-down
			 device shall anchor the container to the vehicle at one or more places on each
			 side of the container.
(3) Each
			 container mounted on a four-wheel trailer shall have the container's weight
			 distributed evenly over both axles.
(4) If the cradle and the tank are not welded
			 together, material shall be used between the cradle and the tank to eliminate
			 metal-to-metal friction.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-10 - Safety

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The following
			 personal safety equipment shall be available for use at each permanent storage
			 facility and reactor unit when anhydrous ammonia is being transferred and when
			 maintenance is being conducted on a system:
(1) A NIOSH-approved respirator that covers
			 the entire face and has current ammonia canisters with intact seals;
(2) one pair of protective gloves made of
			 rubber or any other material impervious to anhydrous ammonia;
(3) one pair of protective boots made of
			 rubber or any other material impervious to anhydrous ammonia;
(4) one protective suit made of rubber or any
			 other material impervious to anhydrous ammonia;
(5) a shower or at least 100 gallons of clean
			 water to be used as safety water; and
(6) a pair of chemical-splash
			 goggles.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 10 - ANHYDROUS AMMONIA › Section 4-10-16 - Reactor units

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each reactor unit shall operate only at a site that meets the following
			 requirements:
(1) The nearest edge of the
			 reactor unit shall be located at a distance in accordance with the following
			 requirements:
(A) At least 50 feet from the
			 edge of any property not owned or leased by the owner or operator of the
			 permanent storage facility;
(B) at
			 least 50 feet from any well or other point of diversion used as a source of
			 drinking water;
(C) at least 50
			 feet from storage locations of flammables or explosives;
(D) at least 500 feet from any area
			 accessible to the public as defined in K.A.R. 4-10-1 ; and
(E) not on or less than 50 feet from the
			 surface of a public roadway.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-2 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Advertisement" shall mean any of the following:
(1) Placard;
(2) handbill;
(3) sign;
(4) newspaper advertisement;
(5) radio, internet, or television
			 advertisement; or
(6) any other
			 means of calling the consumer's attention to eggs.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-3 - Egg containers; requirements for marking and labeling

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A mark or
			 label shall be deemed false or deceptive if any of the following conditions is
			 met:
(1) The eggs in the container are not of
			 the quality or size indicated on the container.
(2) The mark or label bears a statement that
			 is false or misleading.
(3) The
			 mark or label bears a qualifying word with reference to size or quality that is
			 misleading.
(4) The mark or label
			 bears the word "fresh," unless the eggs are of "A" or "AA" quality.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-4 - False advertisement

Current through Register Vol. 43, No. 28, July 11, 2024
An advertisement shall be considered false or deceptive if it
				bears any reference to size or quality that is untrue or deceptive; or contains
				any qualifying words with reference to size or quality which are in any way
				misleading; or if there is any intent, design or purpose not to sell the eggs
				as advertised and priced therein. Eggs advertised in a manner which indicates
				price shall also indicate the full, correct and unabbreviated designation of
				size and quality to which the price refers. The term "fresh" shall be
				considered false and misleading except when used in connection with grades "AA"
				and "A," and the term "fresh fancy" shall be considered false and misleading
				except when used in connection with eggs produced and marketed under a state or
				federal-state quality controlled program.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-8 - Sampling requirements

Current through Register Vol. 43, No. 28, July 11, 2024
The minimum number of samples specified in the following table
				shall be drawn for inspection according to the size of each lot. At least 100
				eggs shall be examined for each sample case or half case, pursuant to
				K.S.A.
				2-2505 and amendments thereto. For each lot
				consisting of fewer than 100 eggs, all eggs in that lot shall be examined.
Size of lot (cases or half cases) Minimum number of samples to
				be drawn (cases or half cases)
1 1
2 through 10 2
11 through 25 3
26 through 50 4
51 through 100 5
101 through 200 8
201 through 300 11
301 through 400 13
401 through 500 14
501 through 600 16
For each additional 50 cases or half cases or fraction thereof,
				in excess of 600 cases, one additional case or half case shall be included in
				the sample.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-9 - Inspection fee

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Inspection
			 fee stamps. Inspection fee stamps may be purchased from the secretary. Each
			 minimum order shall consist of 1,000 carton stamps, 100 case or half-case
			 stamps, or a combination of these.
(b) Cancellation of inspection fee stamp. The
			 inspection fee stamp used on cartons, half cases, and cases shall be dated,
			 which shall serve to cancel the stamp.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 11 - EGGS › Section 4-11-14 - Adoption by reference

Current through Register Vol. 43, No. 28, July 11, 2024
In the "United States standards, grades, and weight classes for
				shell eggs," AMS 56, published by the USDA's agricultural marketing service and
				effective July 20, 2000, sections 56.200 through 56.217, except for section
				56.215, are hereby adopted by reference. These sections shall apply to all eggs
				regulated pursuant to the Kansas egg law. Copies shall be available from the
				agricultural commodities assurance program of the Kansas department of
				agriculture, Topeka, Kansas.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
For the purposes of this article, the following terms shall
				have the meanings specified in this regulation:
(a) "Alternative treatment" means any method
			 of pest control service performed for the purpose of controlling termites,
			 other than those specified in subsections (b), (c), (d), (e), (g), and (i).
			 This term shall include nonchemical methods of control and above-ground
			 pesticide application.
(b) "Bait
			 treatments" and "baiting system" mean the installation, servicing, and
			 monitoring of termite bait stations and termite monitoring stations for the
			 purpose of controlling termites within a structure. The placement of monitoring
			 stations without a written agreement to periodically inspect the monitoring
			 stations and replace monitoring stakes or other materials with a pesticide
			 shall not constitute a bait treatment or baiting system.
(c)
(1)
			 "Complete soil treatment" and "complete treatment" mean a pesticide application
			 to soil for the control of termites and shall include both of the following:
(A) Applying pesticide at the concentration,
			 rate, and dosage required by the product labeling in such a manner that a
			 chemical barrier is formed at all sites of potential termite entry into the
			 structure from the soil, including the interior and exterior foundation walls
			 and cross walls; the area around any support piers, expansion joints, and
			 cracks in concrete slabs; any void areas in masonry elements; and any other
			 structural components that extend below soil grade; and
(B) removing wood scrap, paper scrap, and all
			 other cellulose-containing debris from any accessible areas of crawl spaces
			 under buildings being treated.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-2 - Pesticide business license application

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for issuance or renewal of a business license
				shall provide the following information in addition to that required by
				K.S.A.
				2-2440(b) (1) through (3),
				and amendments thereto:
(a) The home
			 address and birth date of each owner, officer, representative, and any resident
			 agent;
(b) the name of any other
			 state in which the applicant holds or has held a pesticide business license
			 within the last five years and a list of any such license that has been denied,
			 modified, revoked, suspended, or surrendered;
(c) for each business location serving
			 Kansas, the business name and street address of the business and the name of
			 the certified applicator or other person responsible for pesticide business
			 activity at that location. "Business location" shall include all locations
			 where records of application are maintained, where application equipment and
			 pesticide materials are stored, and from which customers are served;
(d) the name of each certified commercial
			 applicator serving the applicant, for each business location;
(e) the name, home address, birth date, and
			 driver's license number of each non-certified employee who applies pesticides
			 for the applicant. If the applicant's uncertified commercial applicator does
			 not have a driver's license, then the number assigned to any federal or state
			 government-issued identification card shall be provided for that
			 employee;
(f) the categories and
			 subcategories in which the applicant business will operate;
(g) the signature and title of the applicant
			 or authorized representative; and
(h) the date of submission of the
			 application.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-3 - Categories and subcategories of qualification for the licensing of pesticide businesses and certification of commercial applicators

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The categories and subcategories of
			 qualification for licensing of pesticide businesses and certification of
			 commercial applicators shall include the following:
(1) Category 1: agricultural pest control.
			 This category shall include any commercial application of pesticide in the
			 production of agricultural plants or animals.
(A) Subcategory 1A: agricultural plant pest
			 control. This subcategory shall include any commercial application of pesticide
			 on grasslands and noncrop agricultural lands, and in the production of
			 agricultural crops, including tobacco, peanuts, cotton, feed grains, soybeans
			 and forage, vegetables, small fruits, tree fruits, and nuts.
(B) Subcategory 1B: agricultural animal pest
			 control. This subcategory shall include any commercial application of pesticide
			 to places on, or in which, animals are confined and on animals, including beef
			 cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock. This
			 subcategory shall include any doctor of veterinary medicine who applies
			 pesticides for hire, engages in the large-scale use of pesticides, or is
			 publicly held out as a pesticide applicator.
(C) Subcategory 1C: wildlife damage control.
			 This sub-category shall include any commercial application of pesticide for the
			 management and control of wildlife in rangeland and agricultural areas.
			 Wildlife shall mean nondomesticated vertebrate species that hinder agricultural
			 and rangeland production.
(D)
			 Subcategory 1D: stump treatment. This subcate-gory shall be limited to the
			 commercial application of pesticide for the treatment of cut stumps to control
			 resprout-ing in pastures, rangeland, or lands held in conservation reserve.
			 Nothing in this subcategory shall prohibit stump treatment by pesticide
			 businesses and commercial applicators in other categories and subcategories
			 that include pesticide application to cut stumps.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-4 - Written statement of service by business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any written
			 statement of services or contract shall comply with the provisions of K.A.R.
			 4-13-4a and shall be presented to the customer before or upon completion of the
			 work covered by said written statement or contract. Provided, that where the
			 work covered involves two or more periodic applications over a specified period
			 of time, such as monthly service calls for one year, the written statement
			 shall be presented to the customer upon completion of the initial treatment.
			 Supplemental statements setting forth the application date, each pesticide
			 used, including the quantity applied, the wind direction and velocity, if any,
			 and the applicator's signature shall be presented to the customer following
			 each periodic application.
(b)
			 This regulation shall be in force and effect from and after January 1, 1991.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-4a - Requirements for written contract or statement of services by business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 written contract or statement of services issued by a pesticide business
			 licensee shall meet the following requirements, in addition to the requirements
			 of K.S.A.
			 2-2455 and amendments thereto:
(1) The address of the pesticide business
			 licensee shall include the street address of the pesticide business licensee's
			 office that provides the pest control service for the named customer.
(2) The address of the customer
			 shall include either the street address or the rural route and box number,
			 whichever is applicable.
(3) The
			 name of each pest to be controlled shall be stated in terms of the common name
			 for each pest or, in the alternative, shall be stated in terms of the
			 scientific name for each pest.
(4)
			 Notwithstanding the requirements of paragraph (3) of this subsection, if the
			 pest to be controlled is a weed, the name of the pest may be stated as grassy
			 or broadleaf weeds.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-5 - Written statement of service by certified commercial applicator not acting for business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any
			 certified commercial applicator who is not employed by or otherwise acting for
			 a pesticide business licensee shall prepare a written statement of work
			 performed for each application of restricted use pesticides either made by or
			 made under the direct supervision of the certified commercial applicator. Each
			 such written statement of work performed shall set forth the following
			 information:
(1) The name and address of the
			 certified commercial applicator;
(2) All information required by
			 K.S.A.
			 2-2455 as amended and supplemented and K.A.R.
			 4-13-4a except the name and address of the pesticide business licensee.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-6 - Marking of vehicles

Current through Register Vol. 43, No. 28, July 11, 2024
Each business licensee with a license in category 3 or 7, as
				specified in
				K.A.R.
				4-13-3, shall mark any vehicle used in the
				application of pesticides, including any vehicle used in transporting pesticide
				application equipment to an application site. Each licensee shall place the
				business name or registered trade name and the pesticide business license
				number on each side of the vehicle, with letters and numbers not less than 1
				1/2 inches in height and in a color contrasting from that of the vehicle.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-7 - Termite control application procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in subsection (c), each structure shall be treated by applying
			 pesticide at the rate, concentration, and dosage specified on the product label
			 in a manner that provides wooden construction elements with protection from
			 termites in the entire structure.
(b) Wood, paper scrap, cardboard scrap, and
			 other cellulose-containing debris shall be removed from any accessible crawl
			 space under the building to be treated.
(c) An application procedure different from
			 that required by subsection (a) may be employed by a certified applicator. When
			 a different application procedure is used, the pest control operator shall
			 furnish adequate control and shall state on the required written statement the
			 application procedure used. These methods of control shall be requested or
			 agreed to by the customer in writing before completion of application. The
			 applicator shall state, on the required statement of services and diagram, the
			 application procedures used and how the procedures differ from the requirements
			 of subsection (a).
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-8 - Surety bond requirement

Current through Register Vol. 43, No. 28, July 11, 2024
Any surety bond submitted by a pesticide business licensee to
				comply with the provisions of
				K.S.A.
				2-2448 as amended shall provide bond coverage
				of not less than $6,000. The bond shall be effective for a period not to exceed
				one year and shall extend to December 31 of the licensing year.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-9 - Report of address, name, or personnel change by business

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each pesticide business licensee shall
			 provide the secretary with written notification of any modification or change
			 to the initial application regarding the business address or business name and
			 of any change in service personnel involved in the application of pesticides.
			 Each notification shall be provided within 30 days of the modification or
			 change made by the pesticide business licensee. Notification shall be required
			 for the following:
(1) Hiring or terminating,
			 or both, any employees involved in the application of pesticides;
(2) making any change in certification or
			 technician status, or both; and
(3)
			 making any change in the manager, operator, authorized representative, or
			 resident agent.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-10 - Application for governmental agency registration

Current through Register Vol. 43, No. 28, July 11, 2024
An application for a governmental agency registration or for
				renewal of a governmental agency registration shall provide the following
				information in addition to that required by
				K.S.A.
				2-2440(e):
(1) If the applicant is a township, the
			 county in which said township is located.
(2) Names of certified applicators and
			 uncertified persons working under their supervision who will work under the
			 governmental agency registration being applied for.
(3) Signature and title of the official
			 submitting the application.
(4)
			 Date the application is submitted.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-13 - Commercial applicator examinations

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 general core examination for commercial applicator certification shall test the
			 applicant's knowledge in the following subjects, in addition to testing the
			 applicant's knowledge in those subjects specified in
			 K.S.A.
			 2-2443a(a) through (h), and
			 amendments thereto:
(1) The general format
			 and terminology of pesticide labels and labeling, the instructions, warnings,
			 symbols and other information appearing on pesticide labels, the classification
			 designation on pesticide labels, and the necessity of using each pesticide in a
			 manner that is consistent with the information and instructions on its label;
(2) safety factors, including
			 pesticide toxicity; types and causes of pesticide accidents; precautionary
			 measures that are necessary to guard against injury to the applicator and other
			 individuals; symptoms of pesticide poisoning; first aid and other procedures to
			 follow in case of a pesticide accident; proper identification, storage,
			 transportation of, mixing, and handling of pesticides; prevention of and
			 cleanup of pesticide spills; and disposal of pesticide containers;
(3) the potential for damage to the
			 environment from use and misuse of pesticides as influenced by factors
			 including types of terrain, soil, and other substrata and drainage patterns;
(4) pest development and biology
			 relevant to pest identification and control;
(5) the types of pesticides and pesticide
			 formulations used, compatibility, synergism, persistence and animal and plant
			 toxicity of pesticides, practices that cause pesticide resistance, and dilution
			 procedures;
(6) the types of
			 equipment used and the limitations of each and equipment use, maintenance, and
			 calibration;
(7) proper
			 application techniques for various pesticides and formulations of pesticide in
			 given situations, relationship of placement of pesticides to proper use,
			 unnecessary pesticide use and pesticide misuse, and prevention of pesticide
			 loss into the environment through drift and other means; and
(8) requirements that must be met by a
			 certified applicator in supervising noncertified applicators of restricted
			 pesticides, including practical knowledge of federal and state supervisory
			 requirements, requirements found on labeling, requirements regarding verifiable
			 instruction of the noncertified applicator and availability of certified
			 applicator during application, and any added restrictions that may be imposed
			 for specific pesticides through labeling, including the required physical
			 presence of the supervising applicator during the application.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-14 - Private applicator examination

Current through Register Vol. 43, No. 28, July 11, 2024
Initial examinations for certified private applicators shall be
				taken in the presence of a representative of the Kansas department of
				agriculture or the Kansas state university extension service. Each applicant
				for this certification shall be required to answer at least 75% of the
				questions correctly to pass the examination.
Examinations for private applicator certification shall test
				the applicant's knowledge in those subject areas specified in K.S.A. 2-2445,
				and amendments thereto, involving pest control practices associated with the
				applicant's agricultural operation and the applicant's legal responsibility as
				a certified applicator of restricted pesticides. Each applicant shall be tested
				to determine the applicant's ability to meet the following requirements:
(a) Recognize common pests to be controlled
			 and damage caused by them;
(b) read
			 and understand the label and labeling information, including the common name of
			 the pesticide applied, pest or pests to be controlled, timing and methods of
			 application, safety precautions, any preharvest reentry restrictions, and any
			 specific disposal procedures;
(c)
			 apply pesticides in accordance with label instructions and warnings, including
			 the ability to prepare the proper concentration of pesticide to be used under
			 particular circumstances taking into account such factors as area to be
			 covered, speed at which application equipment will be driven, and the quantity
			 dispersed in a given period of operation;
(d) recognize local environmental situations
			 that must be considered during application to avoid contamination;
(e) recognize poisoning symptoms and
			 procedures to follow in case of a pesticide accident; and
(f) understand federal and state supervisory
			 requirements, including labeling, that must be met by a certified private
			 applicator in supervising the non-certified application of restricted
			 pesticides. These supervisory requirements shall include verifiable instruction
			 of the applicator, availability during application, and any added restrictions
			 that may be imposed for specific pesticides through labeling. These
			 restrictions may include the required physical presence of the supervising
			 applicator during the application.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-15 - Certificates and pocket cards

Current through Register Vol. 43, No. 28, July 11, 2024
A certificate and pocket card shall be issued to each certified
				person upon satisfactory completion of the requirements for certification. Such
				certificate and pocket card shall show the applicator's name, type of
				certificate issued, the category of issuance including subcategory, if any, the
				expiration date of the certification and other pertinent information. The
				certified applicator shall produce such certificate or pocket card when
				requested to do so by any customer, law enforcement official, the secretary or
				any authorized representative of the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-16 - Supervision of uncertified applicators

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An uncertified commercial applicator of
			 any pesticide and an uncertified private applicator of restricted-use
			 pesticides shall be considered to be under the supervision of a certified
			 applicator if the certified applicator has provided the uncertified applicator
			 with instructions in the handling and application of the pesticide being
			 used.
(b) The certified applicator
			 shall be available to the uncertified applicator by telephone, two-way radio,
			 or other comparable means of communication when the pesticide is being
			 applied.
(c) The certified
			 applicator shall be physically present if that person's presence is required by
			 the pesticide label.
(d) The
			 certified applicator shall verify that the requirements of this regulation were
			 met when requested to do so by the secretary or the secretary's authorized
			 representative.
(e) An uncertified
			 applicator of pesticides, including registered pest control technicians, shall
			 be considered to be under the supervision of a certified commercial applicator
			 only if both individuals are stationed at and work from the same business
			 address.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-18 - Disposal of pesticides and containers

Current through Register Vol. 43, No. 28, July 11, 2024
Any amount of unused pesticide and each empty pesticide
				container shall be stored in the same manner as the pesticide involved until
				the unused pesticide or empty container is disposed of in a manner consistent
				with technology current at the time of disposal. Questions regarding the latest
				technology shall be submitted to any of the following:
(a) The Kansas department of
			 agriculture;
(b) Kansas state
			 university extension service;
(c)
			 Kansas department of health and environment; or
(d) the United States environmental
			 protection agency.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-19 - Marking of aircraft

Current through Register Vol. 43, No. 28, July 11, 2024
Each pesticide business licensed in category one (1) which uses
				aircraft to apply pesticides shall identify each aircraft with a decal
				furnished by the secretary. Decals shall not be issued until all licensing
				requirements have been satisfied. Decals shall not be transferable. For fixed
				wing aircraft, the decal shall be affixed to and prominently displayed on the
				left rear portion of the cockpit or the canopy or on the left rear portion of
				the fuselage near the rear of the cockpit or canopy. For rotorcraft, the decal
				shall be affixed to and prominently displayed on the left side of the aircraft
				but not on the tail rotor.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-20 - Pesticide business license, renewal, and uncertified commercial applicator fees

Current through Register Vol. 43, No. 28, July 11, 2024
The application fee for a pesticide business license or for the
				renewal of a pesticide business license shall be $140.00 for each category in
				which the applicant applies for a pesticide business license or renewal of that
				license. An additional fee of $15.00 for each uncertified commercial applicator
				employed by the applicant to apply pesticides shall also be paid. This
				regulation shall apply to all pesticide business licenses, or renewals of these
				licenses, that will be effective through June 30, 2015, regardless of when the
				application is received by the agency.
The $140.00 pesticide business license fee shall revert to
				$112.00 on and after July 1, 2015, unless this date is modified by statute. The
				$15.00 uncertified commercial applicator shall revert to $10.00 on and after
				July 1, 2015, unless this date is modified by statute.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-21 - Government agency registration and renewal fees

Current through Register Vol. 43, No. 28, July 11, 2024
The application fee for a government agency registration shall
				be $50.00. This regulation shall apply to all government agency registrations,
				or renewals of these registrations, effective through June 30, 2015, regardless
				of when the agency receives the application. The $50.00 government agency
				registration fee shall revert to $35.00 on and after July 1, 2015, unless this
				date is modified by statute.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-23 - Examination fees

Current through Register Vol. 43, No. 28, July 11, 2024
The examination fee for a commercial applicator's certificate
				shall be $45.00 through June 30, 2015, for each category, subcategory, and
				general core examination taken. The fee shall also apply if the applicant seeks
				reexamination. The $45.00 examination fee shall revert to $35.00 on and after
				July 1, 2015, unless this date is modified by statute.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-24 - Certified private applicator's certificate fee

Current through Register Vol. 43, No. 28, July 11, 2024
The certified private applicator's certificate fee shall be
				$25.00. This regulation shall apply to certified private applicator
				certificates that will be effective through June 30, 2015, regardless of when
				the department receives the application. The $25.00 certified private
				applicator's certificate fee shall revert to $10.00 on and after July 1, 2015,
				unless this date is modified by statute.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25a - Exemptions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 regulations found in K.A.R. 4-13-25 through K.A.R. 4-13-25k shall not apply to
			 any of the following:
(1) A mobile container
			 of 350-gallon capacity or less, if the use of the container is solely
			 incidental to the end-use application of the bulk pesticide and if the
			 container is not at a specific location for more than 60 days of storage in any
			 consecutive 365-day period;
(2) a
			 sealed or an unopened pesticide manufacturer's storage container being loaded
			 or unloaded;
(3) a railcar in
			 which the storage of bulk pesticides is solely incidental to the transportation
			 of the pesticide and that remains on a train track; or
(4) a bulk pesticide stored, loaded, or
			 unloaded in quantities less than all the quantities specified in K.A.R.
			 4-13-25b.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25b - Quantities of bulk pesticide

Current through Register Vol. 43, No. 28, July 11, 2024
A facility shall be subject to the requirements of
				K.A.R.
				4-13-25 through
				K.A.R.
				4-13-25k if any of the following conditions
				is met:
(a) A cumulative total of
			 1,000 gallons or more of liquid bulk pesticide is transferred away from the
			 facility during any consecutive 365-day period.
(b) A total of 1,000 gallons or more of
			 liquid bulk pesticide is stored, held, or maintained at the facility at any
			 time.
(c) A cumulative total of
			 3,000 pounds or more of dry bulk pesticide is transferred away from the
			 facility during any consecutive 365-day period.
(d) A total of 3,000 pounds or more of dry
			 bulk pesticide is stored, held, or maintained at the facility at any time.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25c - Location, design, and construction requirements of a bulk pesticide storage facility

Current through Register Vol. 43, No. 28, July 11, 2024
Each owner or operator shall meet the following requirements:
(a)
(1) Each bulk pesticide storage facility
			 shall be designed, constructed, and maintained according to the pesticide
			 manufacturers' directions, instructions, or recommendations. The facility shall
			 be constructed of materials that contain spills, prevent runoff, and avoid
			 leaching of the pesticide being mixed, loaded, or unloaded. Construction
			 materials shall be chemically compatible with the pesticides that come in
			 contact with the material.
(2) Each
			 bulk pesticide storage facility shall be designed, constructed, and maintained
			 to accommodate all reasonably foreseeable loading and unloading conditions,
			 including the anticipated wheel load of a vehicle, and to protect appurtenances
			 and bulk pesticide containers against damage from operating personnel and
			 moving equipment through the use of flexible connections, guard rails,
			 barriers, and protective cages, where necessary.
(3) Asphalt shall not be used as a material
			 in the construction of a bulk pesticide storage facility.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25d - Secondary containment for bulk pesticide storage

Current through Register Vol. 43, No. 28, July 11, 2024
Each owner or operator shall meet the following requirements:
(a) All bulk pesticide shall be
			 stored within secondary containment. The secondary containment capacity shall
			 be at least 110 percent of the capacity of the largest single bulk pesticide
			 container in addition to the displacement of tanks, appurtenances, fixtures,
			 equipment, and material located within the secondary containment.
(b) The secondary containment, including the
			 floor or bottom of the secondary containment, shall meet the following
			 requirements:
(1) Be constructed of steel,
			 reinforced concrete, or any other material of sufficient thickness, density,
			 and composition to contain any discharged pesticide material;
(2) be leakproof with cracks, seams, and
			 joints sealed; and
(3) for liquids,
			 be capable of withstanding the static pressure resulting from the secondary
			 containment being completely filled with a liquid having a density greater than
			 or equal to the density of the most dense liquid bulk pesticide to be stored
			 within the containment.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25e - Requirements for mixing and loading pads for bulk pesticides

Current through Register Vol. 43, No. 28, July 11, 2024
Each owner or operator shall meet the following requirements:
(a) Each mixing and loading pad not
			 connected to a storage area shall be of adequate size and design to contain at
			 least 110 percent of the capacity of the container or tank on the pad and the
			 displacement of tanks, equipment, appurtenances, fixtures, and material located
			 on the pad.
(b) Each mixing and
			 loading pad shall be constructed to contain any discharge and shall be
			 leakproof with all cracks, seams, and joints sealed. The pad shall be
			 impervious to spills and capable of supporting the weight of the heaviest
			 vehicle plus all loading, unloading, and mixing operations. The floor of the
			 mixing and loading pad shall slope to a single point or to a sump, for the
			 recovery of liquid spills.
(c) The
			 sump shall be emptied daily by an on-site operator, who shall continuously
			 monitor this process. The on-site operator may use an automatically activated
			 pump to empty the sump if an automatic overflow switch is installed for the
			 receiving container. The owner or operator may use the recovered pesticide for
			 its intended purpose if it can be used according to the recovered pesticide's
			 label. The owner or operator shall dispose of, in accordance with the label,
			 any recovered pesticide that cannot be used.
(d) The following activities conducted at the
			 facility shall be performed on the mixing and loading pad or within secondary
			 containment:
(1) Filling pesticide
			 containers;
(2) washing application
			 equipment;
(3) rinsing pesticide
			 containers or application equipment;
(4) mixing operations; and
(5) loading application equipment.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25f - Requirements for bulk pesticide containers and appurtenances

Current through Register Vol. 43, No. 28, July 11, 2024
Each owner or operator shall meet the following requirements:
(a) Each bulk pesticide container
			 shall be designed to handle all operating stresses, including static pressure,
			 pressure buildup from pumps and compressors, and any other mechanical stresses
			 to which the storage container could be subject during operations. Each bulk
			 pesticide container shall be chemically compatible with the pesticide it holds
			 and shall meet all specifications, directions, and recommendations of the
			 manufacturers of the pesticide and bulk pesticide container.
(b) Each bulk pesticide container connection,
			 except for safety relief connections, shall be equipped with a shutoff valve
			 accessible and located within the secondary containment.
(c) Except while the stored pesticide is
			 being removed from the container, shutoff valves shall be left either closed
			 and locked or otherwise secured from access. The transfer of pesticide from one
			 bulk pesticide container to another and between a bulk pesticide container and
			 a transport vehicle shall be attended at all times by an on-site
			 operator.
(d) Bulk pesticide
			 containers and appurtenances shall be supported to prevent sagging.
(e) Sight gauges shall not be used on bulk
			 pesticide containers.
(f) Each bulk
			 pesticide container that is not located within a structure with a roof and
			 walls shall be designed, installed, and maintained to prevent flotation and to
			 withstand winds of 90 miles per hour or less.
(g) Each bulk pesticide container shall be
			 designed to protect against excessive internal pressure or vacuum.
(h) Each bulk pesticide container used for
			 storage shall be marked clearly to identify the pesticide stored in the
			 container.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25g - Discharge, recovery, and reporting requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each owner or operator shall recover
			 promptly any discharge. The owner or operator may use the recovered pesticide
			 for its intended purpose if it can be used according to the recovered
			 pesticide's label or labeling. The owner or operator shall dispose of, in
			 accordance with the label, any recovered pesticide that cannot be
			 used.
(b) The owner or operator
			 shall notify the secretary within 48 hours of any discharge not contained by
			 secondary containment.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25h - Submission of diagrams, plans, and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The owner or operator of each bulk
			 pesticide storage facility shall maintain diagrams, plans, and specifications
			 of the facility on site and with the secretary. The copy maintained at the
			 facility shall be made available to a representative of the secretary upon
			 request.
(b)
(1) Each owner or operator of a bulk
			 pesticide storage facility that is to be remodeled, an existing structure that
			 is to be converted to use as a bulk pesticide storage facility, or a proposed
			 bulk pesticide storage facility shall submit diagrams, plans, and
			 specifications to the secretary before commencement of remodeling, conversion,
			 or construction. Remodeling, conversion, or construction shall not commence
			 until the owner or operator receives written notice from the secretary that no
			 further information is required.
(2) The owner or operator of each facility
			 under this subsection shall complete remodeling, conversion, or construction
			 within two years after the secretary's written notice that no additional
			 information is required. Upon completion of the remodel, conversion, or
			 construction, the owner or operator of a facility under this subsection shall
			 certify on a form prescribed by the secretary that the facility meets or
			 exceeds all the requirements of K.A.R. 4-13-25 through K.A.R. 4-13-25k and is
			 constructed in accordance with the diagrams, plans, and specifications
			 submitted to the secretary.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25j - Bulk pesticide storage facility inspection and maintenance requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Each owner or operator shall inspect the bulk pesticide storage facility and
			 secondary containment, including all appurtenances, at least monthly for any
			 defects, including the following:
(1)
			 Corrosion;
(2) leaks;
(3) cracks;
(4) spills;
(5) gaps;
(6) tears;
(7) unsealed joints;
(8) cross-contamination of
			 pesticides;
(9) structural
			 defects;
(10) equipment defects;
			 and
(11) any other defect in the
			 facility or potential violation of K.A.R. 4-13-25 through K.A.R. 4-13-25k .
The owner or operator shall promptly correct any defect.
Kansas Administrative Regulations › Agency 4 - DEPARTMENT OF AGRICULTURE › Article 13 - PESTICIDES › Section 4-13-25k - Site closure and discontinuation of operation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The owner or operator shall notify the
			 secretary within 30 calendar days following the permanent cessation of
			 operations of a bulk pesticide storage facility.
(b) Whenever a bulk pesticide storage
			 facility permanently ceases operations, the owner or operator shall provide the
			 secretary with written verification of both of the following, on a form
			 prescribed by the secretary:
(1) All
			 pesticides, solutions containing a pesticide, wash waters, and other materials
			 that may contain pesticides have been removed from the facility and have been
			 used or disposed of according to the pesticide's label or labeling and
			 according to all federal, state, and local requirements.
(2) All bulk pesticide containers,
			 appurtenances, mixing and loading pads, and sumps have been thoroughly cleaned
			 according to each pesticide manufacturer's requirements, instructions,
			 directions, or recommendations or, if none exist, according to standard
			 industry practice.