KRS 217B.195: Effect of use of pesticides or fertilizers -- Limit on liability for.

(1) No person engaged in farming who has applied or used or arranged for the

application or use of any fertilizer, plant growth regulator, or pesticide as defined in

the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, shall be

responsible or l iable without proof of negligence or lack of due care, for any

damages or response costs relating to any direct or indirect discharge or release into,

or actual or threatened pollution of, the land, waters, air, or other resources of the

state that is or m ay be associated with or resulting from the application or use,

provided that:

(a) The application or use was in a manner consistent with the labeling of the

fertilizer, plant growth regulator, or pesticide and in accordance with

acceptable agricultural ma nagement practices and all applicable state and

federal laws and regulations at the time of the application or use;

(b) The state or federal government, or any of its agencies, had approved,

recommended, or permitted the application or use and there is no finding that

any conditions of the approval, recommendation, or permit were violated, or

that warnings or limitations regarding the application or use were ignored; and

(c) The fertilizer, plant growth regulator, or pesticide was licensed by or

registered with the state or federal government at the time of the application or

use and the person, firm, or corporation knew of no special geological,

hydrological, or soil type condition existing on the land which rendered the

application or use likely to cause p ollution. No person, firm, or corporation

shall be liable based solely on ownership of the land where the application or

use took place.

(2) For the purposes of this section, farming means the cultivation of land used for the

production of agricultural crops, livestock or livestock products, forestry or forestry

products, milk or dairy products, poultry or poultry products, aquaculture or

aquacultural products, and horticulture or horticultural products.

(3) Nothing in this section shall be construed to pro hibit any cause of action based on

strict tort liability against any manufacturer of the fertilizer, plant growth regulator,

or pesticide.

(4) Any and all ordinances of any unit of local government now in effect or hereafter

adopted that are in conflict with this section shall be void.