Chapter 2: Agriculture

Article 24: Pest Control

Statute 2-2443a: Same; examination; reciprocity; fees; subjects included in examination. An applicant for a commercial applicator's certificate shall show upon written examination that the applicant possesses adequate knowledge concerning the proper use and application of pesticides in the categories for which the applicant has applied. Upon the recommendation of the secretary, a commercial applicator who holds a current certificate to apply pesticides commercially in any other state or political subdivision of the United States may be exempted from examination for certification in this state upon payment of proper fees. Such fees shall not be less than any comparable fees charged by the commercial applicator's state to Kansas certificate holders, if such state or political subdivision's requirements for certification were the full equivalent of the requirements of this state at the time it was issued and if the proper authorities of the state from which the applicant holds such commercial applicator's certificate, or its equivalent, agree to accept on an equal basis holders of certificates issued by the authorities of this state.

      Applicants shall submit with each application an examination fee per category in which the applicant is to be examined which fee is fixed by rules and regulations adopted by the secretary of agriculture, except that such fee shall not exceed $25, or commencing July 1, 2002, and ending June 30, 2010, such fee shall not exceed $35 per category in which the applicant is to be examined. The examination fee in effect on the day preceding the effective date of this act shall continue in effect until the secretary of agriculture adopts rules and regulations fixing a different fee therefor under this section. Applicants who fail to pass the examination may reapply and take another examination upon paying another examination fee per category in which the applicant is to be reexamined which fee is fixed by rules and regulations adopted by the secretary of agriculture, except that such fee shall not exceed $25, or commencing July 1, 2002, and ending June 30, 2010, such fee shall not exceed $35 per category in which the applicant is to be reexamined. The reexamination fee in effect on the day preceding the effective date of this act shall continue in effect until the secretary of agriculture adopts rules and regulations fixing a different fee therefor under this section. The examination shall include, but is not limited to, the following:

      (a)   The proper use of the equipment.

      (b)   The hazards that may be involved in applying the pesticides, including:

      (1)   The effect of drift of the pesticides on adjacent and nearby lands and other non-target organisms;

      (2)   the proper meteorological conditions for the application of pesticides and the precautions to be taken with such application;

      (3)   the effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them;

      (4)   the effect of the application of pesticides to wildlife in the area, including aquatic life;

      (5)   the identity and classification of pesticides used and the effects of their application in particular circumstances; and

      (6)   the likelihood of contamination of water or injury to persons, plants, livestock, pollinating insects and vegetation.

      (c)   Calculating the concentration of pesticides to be used.

      (d)   Identification of common pests to be controlled and damages caused by such pests.

      (e)   Protective clothing and respiratory equipment for handling and application of pesticides.

      (f)   General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment which the applicant proposes to use.

      (g)   Applicable state and federal pesticide laws and regulations.

      (h)   Any other subject which the secretary deems necessary.

      History:   L. 1977, ch. 3, § 4; L. 1982, ch. 4, § 10; L. 2002, ch. 181, § 6; L. 2004, ch. 85, § 6; July 1.