Title 302 | Chapter 026 | Regulation 030
SUPERSEDED
This document is no longer current.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:030.Recordkeeping.
Section 1.
Recordkeeping for Restricted Use Pesticide Distribution.(1)
Applicability. The provisions of this section shall apply to any person, including pesticide sales agents and dealers, distributing restricted use pesticides for use in an application.(2)
Any person who distributes restricted use pesticides shall maintain the following records with respect to the distribution of each restricted use pesticide:(a)
Purchaser's name and address;(b)
Date of the distribution;(c)
License number, license expiration date, and license category of the person obtaining the restricted use pesticide;(d)
Brand name, EPA registration number, quantity, and type of restricted use pesticide distributed;(e)
Emergency exemption or state special local need registration number, if applicable; and(f)
Name of target pest.(3)
Retention.(a)
All persons required to maintain records under this chapter shall retain the records for a period of at least three (3) years from the date of distribution.(b)
Maintenance of duplicate records shall not be required.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.Section 2.
Recordkeeping for Restricted Use and General Use Pesticide Applications.(1)
Applicability.(a)
The provisions of this section shall apply to any private applicator, dealer, structural pest management company, licensed operator, licensed applicator or trainee applying restricted use pesticides.(b)
The provisions of this section shall also apply to any private applicator, dealer, licensed operator, licensed applicator or trainee applying general use pesticides.(c)
Structural pest management companies and their associated licensed operators, licensed applicators and trainees shall keep records for applications of general use pesticides according to 302 KAR 26:030, Section 3.(2)
Private applicators, dealers, structural pest management companies, licensed operators, licensed applicators or trainees who apply pesticides shall maintain the following records:(a)
Name and address of person receiving application services;(b)
Location of application;(c)
Size of area treated;(d)
Crop, commodity, stored product, or type of area treated;(e)
Time and date of application;(f)
Brand name or product name of pesticides applied;(g)
EPA registration number;(h)
Total amount of each pesticide applied per location per application;(i)
Name of person making the pesticide application.(j)
If application is made by a trainee, the name of the trainee;(k)
If application is made by a trainee, name and license number of the supervising applicator;(l)
Records required under 302 KAR 26:050 related to trainee supervision;(m)
Purpose of application; and(n)
Any other record as required by the label.(3)
Retention.(a)
All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.(b)
Maintenance of duplicate records shall not be required.(c)
If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even though one (1) or more persons may have used or applied pesticides.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.Section 3.
Recordkeeping for Structural General Use Pesticide Applications.(1)
Applicability.(a)
The provisions of this section shall apply to any structural pest management company and associated licensed operator, licensed applicator or trainee using general use pesticides in structural applications.(b)
Structural pest management companies and their associated licensed operators, licensed applicators and trainees shall keep records for applications of restricted use pesticides according to 302 KAR 26:030, Section 2.(2)
Structural pest management companies and associated licensed operators, licensed applicators or trainees who apply general use pesticides in structural applications shall maintain the following records:(a)
Name and address of person receiving application services;(b)
Location of application;(c)
A description of the use of the area where the pesticide application is made;(d)
Time and date of the pesticide application;(e)
Beginning and ending time of an application, if made in a school;(f)
Brand or product name of pesticides applied;(g)
Estimated amount of each pesticide applied(h)
The target pests to be treated;(i)
Name of person making the pesticide application.(j)
If application is made by a trainee, the name of the trainee;(k)
If application is made by a trainee, name and license number of the supervising applicator; and(l)
Records required under 302 KAR 26:050 related to trainee supervision.(3)
Retention.(a)
All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.(b)
Maintenance of duplicate records shall not be required.(c)
If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even though one (1) or more persons may have used or applied pesticides.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.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 recordkeeping requirements for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of recordkeeping requirements 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 recordkeeping requirements 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 recordkeeping requirements 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.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:030.Recordkeeping.
Section 1.
Recordkeeping for Restricted Use Pesticide Distribution.(1)
Applicability. The provisions of this section shall apply to any person, including pesticide sales agents and dealers, distributing restricted use pesticides for use in an application.(2)
Any person who distributes restricted use pesticides shall maintain the following records with respect to the distribution of each restricted use pesticide:(a)
Purchaser's name and address;(b)
Date of the distribution;(c)
License number, license expiration date, and license category of the person obtaining the restricted use pesticide;(d)
Brand name, EPA registration number, quantity, and type of restricted use pesticide distributed;(e)
Emergency exemption or state special local need registration number, if applicable; and(f)
Name of target pest.(3)
Retention.(a)
All persons required to maintain records under this chapter shall retain the records for a period of at least three (3) years from the date of distribution.(b)
Maintenance of duplicate records shall not be required.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.Section 2.
Recordkeeping for Restricted Use and General Use Pesticide Applications.(1)
Applicability.(a)
The provisions of this section shall apply to any private applicator, dealer, structural pest management company, licensed operator, licensed applicator or trainee applying restricted use pesticides.(b)
The provisions of this section shall also apply to any private applicator, dealer, licensed operator, licensed applicator or trainee applying general use pesticides.(c)
Structural pest management companies and their associated licensed operators, licensed applicators and trainees shall keep records for applications of general use pesticides according to 302 KAR 26:030, Section 3.(2)
Private applicators, dealers, structural pest management companies, licensed operators, licensed applicators or trainees who apply pesticides shall maintain the following records:(a)
Name and address of person receiving application services;(b)
Location of application;(c)
Size of area treated;(d)
Crop, commodity, stored product, or type of area treated;(e)
Time and date of application;(f)
Brand name or product name of pesticides applied;(g)
EPA registration number;(h)
Total amount of each pesticide applied per location per application;(i)
Name of person making the pesticide application.(j)
If application is made by a trainee, the name of the trainee;(k)
If application is made by a trainee, name and license number of the supervising applicator;(l)
Records required under 302 KAR 26:050 related to trainee supervision;(m)
Purpose of application; and(n)
Any other record as required by the label.(3)
Retention.(a)
All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.(b)
Maintenance of duplicate records shall not be required.(c)
If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even though one (1) or more persons may have used or applied pesticides.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.Section 3.
Recordkeeping for Structural General Use Pesticide Applications.(1)
Applicability.(a)
The provisions of this section shall apply to any structural pest management company and associated licensed operator, licensed applicator or trainee using general use pesticides in structural applications.(b)
Structural pest management companies and their associated licensed operators, licensed applicators and trainees shall keep records for applications of restricted use pesticides according to 302 KAR 26:030, Section 2.(2)
Structural pest management companies and associated licensed operators, licensed applicators or trainees who apply general use pesticides in structural applications shall maintain the following records:(a)
Name and address of person receiving application services;(b)
Location of application;(c)
A description of the use of the area where the pesticide application is made;(d)
Time and date of the pesticide application;(e)
Beginning and ending time of an application, if made in a school;(f)
Brand or product name of pesticides applied;(g)
Estimated amount of each pesticide applied(h)
The target pests to be treated;(i)
Name of person making the pesticide application.(j)
If application is made by a trainee, the name of the trainee;(k)
If application is made by a trainee, name and license number of the supervising applicator; and(l)
Records required under 302 KAR 26:050 related to trainee supervision.(3)
Retention.(a)
All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.(b)
Maintenance of duplicate records shall not be required.(c)
If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even though one (1) or more persons may have used or applied pesticides.(4)
Availability. All persons required to maintain records required under this section shall make such records available to the department upon request.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 recordkeeping requirements for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of recordkeeping requirements 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 recordkeeping requirements 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 recordkeeping requirements 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.