Title 302 | Chapter 026 | Regulation 010
302 KAR 26:010.Definitions.
Section 1.
Definitions.(1)
"Accident" means an unexpected, undesirable event caused by the use or presence of a pesticide that adversely affects man or the environment.(2)
"Additional Training Dicamba" means any 3,6-Dichloro-2-methoxybenzoic acid, inclusive of any variant formulation or product name, that requires annual mandatory training pursuant to the product label.(3)
"Agricultural commodity" means any plant or part thereof, or animals or animal products, produced:(a)
By farmers, ranchers, grape growers, plant propagators, Christmas tree growers, aquaculturists, orchardists, foresters, or other comparable persons; and(b)
Primarily for sale.(4)
"Application" means placing of a pesticide or pesticide impregnated fertilizers for effect, including mixing and loading.(5)
"Calibration" means adjustment of dispersal or output of application equipment to control the rate of dispersal and droplet or particle size of a pesticide dispersed by the equipment.(6)
"Certification" or "certified" means recognition by the department that a person has demonstrated a minimum level of competence by examination and continuing education units and is authorized to use or supervise the use of pesticides in the area of certification.(7)
"Compatibility" means that chemical property of a pesticide that permits use with other chemicals without undesirable results being caused by the combination.(8)
"Competence" means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity, and the associated responsibility.(9)
"Continuing education unit" means one (1) contact instructional hour of fifty (50) minutes.(10)
"Customer" means a person who makes a contract, either written or verbal, with an applicator to make an application.(11)
"Department," unless otherwise specified, means the Kentucky Department of Agriculture.(12)
"Environment" means water, air, land, plants, man and other animals living therein, and the interrelationships that exist among them.(13)
"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.(14)
"Forest" means a concentration of trees and related vegetation in nonurban areas characterized by natural terrain and drainage patterns.(15)
"Golf course" means land, including a lawn, on which an application is made for the purpose of maintaining that land for use in the game of golf.(16)
"Hazards" means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation with the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.(17)
"Interior plantscapes" means ornamentals in the interior of a building.(18)
"In the business of" means the practice of charging a customer for a pesticide application, either as a whole or by a unit of area.(19)
"Inactive status" means holding in reserve a license held by a person not actively engaged in pesticide sales or application.(20)
"Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.(21)
"Lawn" means land covered with turf, including ornamental plants, maintained for the purpose of human use and enjoyment of outdoor areas.(22)
"Lawn Care" means the use of pesticides to prevent, control, repel, or eliminate pests for the purpose of mitigating threats to the human use and enjoyment of outdoor areas.(23)
"Non-certified applicator" means any person who has not been certified by training or examination and uses pesticides under the direct supervision of a private applicator.(24)
"Non-target organism" means a plant or animal other than the one against which the pesticide is applied.(25)
"Ornamental" means trees, shrubs, and other plantings, except agricultural commodities, in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial, and institutional buildings.(26)
"Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.(27)
"Practical knowledge" means the comprehension of and ability to identify and use pertinent facts in dealing with specific problems and situations.(28)
"Private applicator" means a person certified to use any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer, or to the lands of a farmer-neighbor, if applied without compensation other than trading of personal services between producers of agricultural commodities.(29)
"Protective equipment" means clothing or any other materials or devices that shield against unintentional exposure to pesticides.(30)
"Regulated pest" means an organism for which restrictions, administrative regulations, or control procedures are in effect to protect the host, man, or the environment.(31)
"Standard" means the level of knowledge and ability demonstrated as a requirement for certification.(32)
"State" means the Commonwealth of Kentucky.(33)
"Structure" means any building, regardless of its design or type of construction, public or private, vacant or occupied.(34)
"Toxicity" means the property of a pesticide that causes any adverse physiological effects on a living organism.(35)
"Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat.HISTORY: (49 Ky.R. 191; eff. 10-20-2022.)
DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: June 13, 2022
FILED WITH LRC: June 14, 2022 at 10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2022 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This filing creates the definitions for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of definitions for the regulation of the pesticide industry.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This filing creates a uniform set of definitions for the regulation of the pesticide industry. This is critical for uniformity and ease of use.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Having a single consolidated chapter and set of definitions creates a uniform set of terms for ease of use by all entities, the KDA included.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new filing.
(b) The necessity of the amendment to this administrative regulation:
This is a new filing.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new filing.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new filing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects pesticide sellers, and applicators in Kentucky. This includes individuals and government agencies that chose to apply pesticides. Approximately 19,750 entities are currently licensed or registered by the KDA, although the filing does affect persons not regulated as well.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
All persons selling or using pesticides as defined in the commonwealth shall need to comply with the minimum standards laid out in this filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost depends on the activity the regulated entity choses to participate in. No costs are involved for this particular definitions filing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Entities will safely and legally sell and apply pesticides in Kentucky.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $2,180,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $2,180,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and fines, Federal grants, and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees are associated with this filing.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this filing.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
State agencies, county and city government units, including but not limited to, highway and road departments, parks departments, maintenance departments, and school districts, that employ persons as pesticide applicators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. and 40 C.F.R. 171. KRS 217B.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(c) How much will it cost to administer this program for the first year?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement. Salaries and fuel costs may drive total costs higher in coming years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(c) How much will it cost the regulated entities for the first year?
Costs will increase minimally on regulated entities due to elimination of the $15 discount on test fees for each additional license category. Individual costs are determined based on how many categories an entity requires.
(d) How much will it cost the regulated entities for subsequent years?
The KDA expects costs in subsequent years to be flat, not changing nor increased.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Testing fees and fines associated with this regulation will not exceed the major economic impact cost threshold, and therefore will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 U.S.C. 136 et. seq.
(2) State compliance standards.
KRS Chapter 217B, and new 302 KAR Chapter 26
(3) Minimum or uniform standards contained in the federal mandate.
The federal act and regulations create the minimum guidelines for the regulation of pesticides.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No. Kentucky law and the federal standards are almost indistinguishable. Kentucky law makes requirements very clear for all entities.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The KDA does not believe that stricter or any additional standards are created.
302 KAR 26:010.Definitions.
Section 1.
Definitions.(1)
"Accident" means an unexpected, undesirable event caused by the use or presence of a pesticide that adversely affects man or the environment.(2)
"Additional Training Dicamba" means any 3,6-Dichloro-2-methoxybenzoic acid, inclusive of any variant formulation or product name, that requires annual mandatory training pursuant to the product label.(3)
"Agricultural commodity" means any plant or part thereof, or animals or animal products, produced:(a)
By farmers, ranchers, grape growers, plant propagators, Christmas tree growers, aquaculturists, orchardists, foresters, or other comparable persons; and(b)
Primarily for sale.(4)
"Application" means placing of a pesticide or pesticide impregnated fertilizers for effect, including mixing and loading.(5)
"Calibration" means adjustment of dispersal or output of application equipment to control the rate of dispersal and droplet or particle size of a pesticide dispersed by the equipment.(6)
"Certification" or "certified" means recognition by the department that a person has demonstrated a minimum level of competence by examination and continuing education units and is authorized to use or supervise the use of pesticides in the area of certification.(7)
"Compatibility" means that chemical property of a pesticide that permits use with other chemicals without undesirable results being caused by the combination.(8)
"Competence" means properly qualified to perform functions associated with pesticide application, the degree of capability required being directly related to the nature of the activity, and the associated responsibility.(9)
"Continuing education unit" means one (1) contact instructional hour of fifty (50) minutes.(10)
"Customer" means a person who makes a contract, either written or verbal, with an applicator to make an application.(11)
"Department," unless otherwise specified, means the Kentucky Department of Agriculture.(12)
"Environment" means water, air, land, plants, man and other animals living therein, and the interrelationships that exist among them.(13)
"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.(14)
"Forest" means a concentration of trees and related vegetation in nonurban areas characterized by natural terrain and drainage patterns.(15)
"Golf course" means land, including a lawn, on which an application is made for the purpose of maintaining that land for use in the game of golf.(16)
"Hazards" means a probability that a given pesticide will have an adverse effect on man or the environment in a given situation with the relative likelihood of danger or ill effect being dependent on a number of interrelated factors present at any given time.(17)
"Interior plantscapes" means ornamentals in the interior of a building.(18)
"In the business of" means the practice of charging a customer for a pesticide application, either as a whole or by a unit of area.(19)
"Inactive status" means holding in reserve a license held by a person not actively engaged in pesticide sales or application.(20)
"Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.(21)
"Lawn" means land covered with turf, including ornamental plants, maintained for the purpose of human use and enjoyment of outdoor areas.(22)
"Lawn Care" means the use of pesticides to prevent, control, repel, or eliminate pests for the purpose of mitigating threats to the human use and enjoyment of outdoor areas.(23)
"Non-certified applicator" means any person who has not been certified by training or examination and uses pesticides under the direct supervision of a private applicator.(24)
"Non-target organism" means a plant or animal other than the one against which the pesticide is applied.(25)
"Ornamental" means trees, shrubs, and other plantings, except agricultural commodities, in and around habitations generally, but not necessarily located in urban and suburban areas, including residences, parks, streets, retail outlets, industrial, and institutional buildings.(26)
"Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.(27)
"Practical knowledge" means the comprehension of and ability to identify and use pertinent facts in dealing with specific problems and situations.(28)
"Private applicator" means a person certified to use any pesticide for purposes of producing any agricultural commodity on property owned or rented by him or his employer, or to the lands of a farmer-neighbor, if applied without compensation other than trading of personal services between producers of agricultural commodities.(29)
"Protective equipment" means clothing or any other materials or devices that shield against unintentional exposure to pesticides.(30)
"Regulated pest" means an organism for which restrictions, administrative regulations, or control procedures are in effect to protect the host, man, or the environment.(31)
"Standard" means the level of knowledge and ability demonstrated as a requirement for certification.(32)
"State" means the Commonwealth of Kentucky.(33)
"Structure" means any building, regardless of its design or type of construction, public or private, vacant or occupied.(34)
"Toxicity" means the property of a pesticide that causes any adverse physiological effects on a living organism.(35)
"Turf" means the upper stratum of soils bound by grass and plant roots into a thick mat.HISTORY: (49 Ky.R. 191; eff. 10-20-2022.)
DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: June 13, 2022
FILED WITH LRC: June 14, 2022 at 10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2022 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort, Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This filing creates the definitions for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of definitions for the regulation of the pesticide industry.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This filing creates a uniform set of definitions for the regulation of the pesticide industry. This is critical for uniformity and ease of use.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Having a single consolidated chapter and set of definitions creates a uniform set of terms for ease of use by all entities, the KDA included.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new filing.
(b) The necessity of the amendment to this administrative regulation:
This is a new filing.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new filing.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new filing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects pesticide sellers, and applicators in Kentucky. This includes individuals and government agencies that chose to apply pesticides. Approximately 19,750 entities are currently licensed or registered by the KDA, although the filing does affect persons not regulated as well.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
All persons selling or using pesticides as defined in the commonwealth shall need to comply with the minimum standards laid out in this filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost depends on the activity the regulated entity choses to participate in. No costs are involved for this particular definitions filing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Entities will safely and legally sell and apply pesticides in Kentucky.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $2,180,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $2,180,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and fines, Federal grants, and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees are associated with this filing.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this filing.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
State agencies, county and city government units, including but not limited to, highway and road departments, parks departments, maintenance departments, and school districts, that employ persons as pesticide applicators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. and 40 C.F.R. 171. KRS 217B.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(c) How much will it cost to administer this program for the first year?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement. Salaries and fuel costs may drive total costs higher in coming years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(c) How much will it cost the regulated entities for the first year?
Costs will increase minimally on regulated entities due to elimination of the $15 discount on test fees for each additional license category. Individual costs are determined based on how many categories an entity requires.
(d) How much will it cost the regulated entities for subsequent years?
The KDA expects costs in subsequent years to be flat, not changing nor increased.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Testing fees and fines associated with this regulation will not exceed the major economic impact cost threshold, and therefore will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 U.S.C. 136 et. seq.
(2) State compliance standards.
KRS Chapter 217B, and new 302 KAR Chapter 26
(3) Minimum or uniform standards contained in the federal mandate.
The federal act and regulations create the minimum guidelines for the regulation of pesticides.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No. Kentucky law and the federal standards are almost indistinguishable. Kentucky law makes requirements very clear for all entities.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The KDA does not believe that stricter or any additional standards are created.