KRS 217.580: Authority of department.

(1) The department may, after due notice and an opportunity for a hearing:

(a) Declare as a pest any form of plant or animal life or virus, except virus,

bacteria, or other micro-organisms on or in living man or other living animals,

which is injurious to plants, animals, or the environment;

(b) Determine whether pesticides registered under the authority of Section 24(c)

of FIFRA are highly toxic to man. The definition of highly toxic, as defined in

Title 40, Code of Federal Regulations 162.8 as issued or herea fter amended,

shall govern the department in this determination;

(c) Determine standards of coloring or discoloring for pesticides and to subject

pesticides to the requirements for coloration or discoloration if the department

determines such requirements are necessary for the protection of health and

the environment;

(d) Determine pesticides, and quantities of substances contained in pesticides,

which are injurious to the environment and shall be guided by EPA

regulations in this determination.

(2) The department may:

(a) Effect the collection and examination of samples of pesticides and devices to

determine compliance with the requirements of KRS 217.542 to 217.630, and

may at all reasonable hours enter any car, warehouse, store, building, boat,

vessel or other place supposed to contain pesticides or devices for the purpose

of inspection or sampling and to procure samples for analysis or examination

from any lot, package or parcel of pesticides or device;

(b) Publish from time to time, in such form as it ma y deem proper, reports of the

results of the analyses of official samples of pesticides distributed within the

state;

(c) After a public hearing, make appropriate regulations relating to the sale and

distribution of pesticides as may be necessary for carry ing out the meaning of

KRS 217.542 to 217.630, including but not limited to:

1. The safe handling, transportation, storage, display, distribution and

disposal of pesticides and their containers;

2. Labeling requirements of all pesticides required to be reg istered under

KRS 217.542 to 217.630; provided, that such regulations shall not

impose any requirements for federally registered labels in addition to or

different from those required pursuant to FIFRA; and

3. Specify classes of devices which shall be subj ect to the provisions of

KRS 217.542 to 217.630.

(d) Cooperate with, and enter into agreements with, any other agency of this state,

the United States Environmental Protection Agency, and any other state or

agency thereof for the purpose of carrying out the provisions of KRS 217.542

to 217.630.

(3) For the p urpose of uniformity of requirements between states and the federal

government the department may, after a public hearing, adopt regulations in

conformity with the primary pesticide standards, particularly as to the labeling,

registration requirements and "restricted use pesticides" as established by EPA or

other federal or state agencies.