Title 302 | Chapter 026 | Regulation 080
SUPERSEDED
This document is no longer current.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:080.Lawn, turf, ornamental and interior plantscape notice posting.
Section 1.
(1)
Any operator or applicator who engages in lawn care by making applications to lawns shall:(a)
Provide a customer at the time of entering into a contract, with written information concerning pesticides or pesticide impregnated fertilizers, application procedures, and other general guidelines about making safe applications;(b)
Immediately following an application to a lawn, the applicator shall place a lawn marker at a prominent location in the lawn;(c)
The lawn marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(d)
Lettering on the lawn marker shall be in a contrasting color and shall read on one side "LAWN CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable and not less than three-eighths (3/8) inches in height. The lawn marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(e)
The lawn marker shall be removed and discarded by the property owner or resident, or other person authorized by the property owner or resident, the day following an application;(f)
For applications to residential properties of three (3) families or less, the applicator shall place one (1) lawn marker per property; and(g)
For applications to properties other than residential property of three (3) families or less, the applicator shall place lawn markers at primary points of entry to the property to provide notice that an application has been made to the lawn.(2)
At the time of an application to a lawn, an applicator shall provide the information listed in subsection (1)(a) of this section to the customer, either homeowner or landlord, for each pesticides or pesticide impregnated fertilizers used.(3)
Any customer or employer of an applicator, or a neighbor whose residence is adjoining to a customer or employer of an applicator, may request prior notification twenty-four (24) to forty-eight (48) hours in advance of an application by contacting the applicator and providing his name, address, and telephone number. In this event, the applicator shall provide notification in writing, in person, or by telephone, of the date and approximate time of application. If an applicator is unable to provide prior notification to a customer or neighbor because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.Section 2.
(1)
The following shall be required by an applicator making applications to a golf course relating to records, notification, and information requirements:(a)
Immediately following an application on a golf course, the applicator shall place a golf course marker on the number-one (1) and number-ten (10) tees;(b)
The golf course marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(c)
Lettering on the golf course marker shall be in a contrasting color and shall read on one side "PLANT-REGULATING MATERIALS HAVE BEEN APPLIED. IF DESIRED, YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION" in letters easily readable and not less than three-eighths (3/8) inches in height. The golf course marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(d)
The golf course marker may be removed by the applicator or other personnel authorized by the golf course management the day following application;(e)
Any person whose residence directly adjoins a golf course may request prior notification of an application by contacting the golf course superintendent's office and providing his or her name, address, and telephone number. If requested, the golf course shall provide notification in writing, in person, or by telephone. In the event the golf course cannot provide advance notice, the person shall be contacted at the time of application. It the golf course is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the golf course shall leave a written notice at the residence; and(f)
Material safety data sheets for each pesticide or pesticide impregnated fertilizer used in an application shall be in an area of the superintendent's office where they can be easily read and accessible by patrons of the golf course.(2)
Records listed in Section 5 of this administrative regulation shall be maintained in the golf course superintendent's office and shall be readily available to review on request. This record shall be retained for three (3) years and be subject to inspection by the department.Section 3.
Any applicator who makes an application to interior plantscapes shall:(1)
Immediately following an application to interior plantscapes, place a marker at a prominent location in the interior plantscapes. The sign shall read "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator. Posting requirements shall not apply if plants that are in interior plantscapes are taken off-site for an application and not returned until the plants have adequately dried; and(2)
Provide prior notification to the customer or adjoining residents in writing, in person, or by telephone if requested, of the date and approximate time of the application. If an operator is not able to provide prior notification to a customer or adjoining residence due to the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.Section 4.
(1)
The following shall be required by an applicator making applications to sports turf relating to records, notification, and information requirements:(a)
Immediately following an application to turf on a sports field, the applicator shall place a marker at usual entry points to the field;(b)
The marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(c)
Lettering on the marker shall be in a contrasting color and shall read on one (1) side "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(d)
The marker may be removed by the applicator or other personnel authorized by the sports field management the day following application;(e)
Any person whose residence directly adjoins a sports field may request prior notification of an application by contacting the sports field manager's office and providing his or her name, address, and telephone number. If requested, the manager shall provide notification in writing, in person, or by telephone. In the event the sports field manager cannot provide advance notice, the person shall be contacted at the time of application. If the manager is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the manager shall leave a written notice at the residence; and(f)
Material safety data sheets for each pesticide used in an application shall be in an area of the manager's office where they can be easily read and accessible by patrons of the sports field.(2)
Records listed in Section 5 of this administrative regulation shall be maintained in the manager's office and shall be readily available to review on request. This record shall be retained for three (3) years and be subject to inspection by the department.Section 5.
An applicator shall provide the following information upon request to all persons requesting notice under Sections 1, 2, and 3 of this administrative regulation, and shall record and maintain at the applicator's business address the following information relating to the application of each pesticide used:(1)
The brand name or common name of the pesticide applied;(2)
The pesticide type;(3)
The fertilize rate and analysis;(4)
The reason for use;(5)
The concentration of end use product applied;(6)
The rate of application,(7)
The total gallons of end use product applied;(8)
Any special instruction appearing on the label of the pesticide product applicable to the use of the treated area following application;(9)
Any other precautionary or hazard information appearing on the label as applicable to the end use concentration;(10)
The name and the state applicator license or certificate number of the individual actually making the application;(11)
Customer name, address, and date of application;(12)
The location area of area treated; and(13)
Total area treated.Section 6.
Violations. The department may assess civil penalties as provided by KRS 217B.193, or may suspend, revoke, delay issuing, or modify the provision of any license or registration issued under this chapter, if it finds that any person has committed any of the following acts, each of which is declared to be a violation of this chapter:(1)
Failed to provide direct on-the-job supervision of a trainee by a licensed operator or applicator in the application of a pesticide;(2)
Failed to maintain records required under Section 5 of this administrative regulation;(3)
Failed to follow notification and information requirements in accordance with Section 1, 2, 3, or 4 of this administrative regulation, including:(a)
Failure to provide customer written information prior to application;(b)
Failure to place required marker;(c)
Failure to meet minimum requirements for required marker;(d)
Failure to furnish customer required information at application; or(e)
Failure to furnish prior notification of application when requested.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 rules for notice postings for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
This filing is necessary to create a uniform set of rules for notice postings 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 rules for notice postings 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 rules for notice postings 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.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:080.Lawn, turf, ornamental and interior plantscape notice posting.
Section 1.
(1)
Any operator or applicator who engages in lawn care by making applications to lawns shall:(a)
Provide a customer at the time of entering into a contract, with written information concerning pesticides or pesticide impregnated fertilizers, application procedures, and other general guidelines about making safe applications;(b)
Immediately following an application to a lawn, the applicator shall place a lawn marker at a prominent location in the lawn;(c)
The lawn marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(d)
Lettering on the lawn marker shall be in a contrasting color and shall read on one side "LAWN CARE APPLICATION - PLEASE STAY OFF GRASS UNTIL DRY" in letters easily readable and not less than three-eighths (3/8) inches in height. The lawn marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(e)
The lawn marker shall be removed and discarded by the property owner or resident, or other person authorized by the property owner or resident, the day following an application;(f)
For applications to residential properties of three (3) families or less, the applicator shall place one (1) lawn marker per property; and(g)
For applications to properties other than residential property of three (3) families or less, the applicator shall place lawn markers at primary points of entry to the property to provide notice that an application has been made to the lawn.(2)
At the time of an application to a lawn, an applicator shall provide the information listed in subsection (1)(a) of this section to the customer, either homeowner or landlord, for each pesticides or pesticide impregnated fertilizers used.(3)
Any customer or employer of an applicator, or a neighbor whose residence is adjoining to a customer or employer of an applicator, may request prior notification twenty-four (24) to forty-eight (48) hours in advance of an application by contacting the applicator and providing his name, address, and telephone number. In this event, the applicator shall provide notification in writing, in person, or by telephone, of the date and approximate time of application. If an applicator is unable to provide prior notification to a customer or neighbor because of the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.Section 2.
(1)
The following shall be required by an applicator making applications to a golf course relating to records, notification, and information requirements:(a)
Immediately following an application on a golf course, the applicator shall place a golf course marker on the number-one (1) and number-ten (10) tees;(b)
The golf course marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(c)
Lettering on the golf course marker shall be in a contrasting color and shall read on one side "PLANT-REGULATING MATERIALS HAVE BEEN APPLIED. IF DESIRED, YOU MAY CONTACT THE GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION" in letters easily readable and not less than three-eighths (3/8) inches in height. The golf course marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(d)
The golf course marker may be removed by the applicator or other personnel authorized by the golf course management the day following application;(e)
Any person whose residence directly adjoins a golf course may request prior notification of an application by contacting the golf course superintendent's office and providing his or her name, address, and telephone number. If requested, the golf course shall provide notification in writing, in person, or by telephone. In the event the golf course cannot provide advance notice, the person shall be contacted at the time of application. It the golf course is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the golf course shall leave a written notice at the residence; and(f)
Material safety data sheets for each pesticide or pesticide impregnated fertilizer used in an application shall be in an area of the superintendent's office where they can be easily read and accessible by patrons of the golf course.(2)
Records listed in Section 5 of this administrative regulation shall be maintained in the golf course superintendent's office and shall be readily available to review on request. This record shall be retained for three (3) years and be subject to inspection by the department.Section 3.
Any applicator who makes an application to interior plantscapes shall:(1)
Immediately following an application to interior plantscapes, place a marker at a prominent location in the interior plantscapes. The sign shall read "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator. Posting requirements shall not apply if plants that are in interior plantscapes are taken off-site for an application and not returned until the plants have adequately dried; and(2)
Provide prior notification to the customer or adjoining residents in writing, in person, or by telephone if requested, of the date and approximate time of the application. If an operator is not able to provide prior notification to a customer or adjoining residence due to the absence or inaccessibility of the individual, the applicator shall leave a written notice at the residence.Section 4.
(1)
The following shall be required by an applicator making applications to sports turf relating to records, notification, and information requirements:(a)
Immediately following an application to turf on a sports field, the applicator shall place a marker at usual entry points to the field;(b)
The marker shall consist of, at a minimum, a 4 in. x 5 in. white sign attached to the upper portion of a dowel or other supporting device of not less than twelve (12) inches in length;(c)
Lettering on the marker shall be in a contrasting color and shall read on one (1) side "PESTICIDES HAVE BEEN APPLIED - PLEASE STAY OUT OF TREATED AREA" in letters easily readable and not less than three-eighths (3/8) inches in height. The marker may also display a symbol depicting the required message and the name, logo, and service mark of the applicator;(d)
The marker may be removed by the applicator or other personnel authorized by the sports field management the day following application;(e)
Any person whose residence directly adjoins a sports field may request prior notification of an application by contacting the sports field manager's office and providing his or her name, address, and telephone number. If requested, the manager shall provide notification in writing, in person, or by telephone. In the event the sports field manager cannot provide advance notice, the person shall be contacted at the time of application. If the manager is unable to provide prior notification or direct notification to a resident because of the absence or unavailability of the resident, the manager shall leave a written notice at the residence; and(f)
Material safety data sheets for each pesticide used in an application shall be in an area of the manager's office where they can be easily read and accessible by patrons of the sports field.(2)
Records listed in Section 5 of this administrative regulation shall be maintained in the manager's office and shall be readily available to review on request. This record shall be retained for three (3) years and be subject to inspection by the department.Section 5.
An applicator shall provide the following information upon request to all persons requesting notice under Sections 1, 2, and 3 of this administrative regulation, and shall record and maintain at the applicator's business address the following information relating to the application of each pesticide used:(1)
The brand name or common name of the pesticide applied;(2)
The pesticide type;(3)
The fertilize rate and analysis;(4)
The reason for use;(5)
The concentration of end use product applied;(6)
The rate of application,(7)
The total gallons of end use product applied;(8)
Any special instruction appearing on the label of the pesticide product applicable to the use of the treated area following application;(9)
Any other precautionary or hazard information appearing on the label as applicable to the end use concentration;(10)
The name and the state applicator license or certificate number of the individual actually making the application;(11)
Customer name, address, and date of application;(12)
The location area of area treated; and(13)
Total area treated.Section 6.
Violations. The department may assess civil penalties as provided by KRS 217B.193, or may suspend, revoke, delay issuing, or modify the provision of any license or registration issued under this chapter, if it finds that any person has committed any of the following acts, each of which is declared to be a violation of this chapter:(1)
Failed to provide direct on-the-job supervision of a trainee by a licensed operator or applicator in the application of a pesticide;(2)
Failed to maintain records required under Section 5 of this administrative regulation;(3)
Failed to follow notification and information requirements in accordance with Section 1, 2, 3, or 4 of this administrative regulation, including:(a)
Failure to provide customer written information prior to application;(b)
Failure to place required marker;(c)
Failure to meet minimum requirements for required marker;(d)
Failure to furnish customer required information at application; or(e)
Failure to furnish prior notification of application when requested.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 rules for notice postings for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
This filing is necessary to create a uniform set of rules for notice postings 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 rules for notice postings 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 rules for notice postings 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.