KRS 217B.270: Prohibition against local regulation of fertilizer and pesticides --

Establishment of department's authority for the regulation of pesticides sold

and used in the Commonwealth.

(1) The Commonwealth of Kentucky hereby determines that the citi zens of the state

benefit from a system of safe, effective, and scientifically sound fertilizer and

pesticide regulation. The Commonwealth further finds that a system of fertilizer and

pesticide regulation which is consistent, coordinated, and comports wit h both

federal and state technical expertise is essential to the public health, safety, and

welfare, and that local regulation of fertilizer and pesticides does not materially

assist in achieving these benefits.

(2) No city, town, county, or other politica l subdivision of the Commonwealth shall

adopt or continue in effect any ordinance, resolution, rule, or regulation regarding

fertilizer regulated pursuant to KRS 250.371 and pesticide sale or use, including

without limitation: registration, notification of use, advertising and marketing

distribution, training, licensing, and certification, storage, transportation, disposal,

disclosure of confidential information, or product composition.

(3) Authority for the regulation of pesticides sold and used in the Com monwealth of

Kentucky is hereby established in the department.

(4) Nothing in this section shall be construed to:

(a) Abrogate any authority afforded by the state statutes to any program cabinet

established under KRS Chapter 12 or any state or federal mand ated hazardous

materials regulations or fire safety codes and comprehensive hazardous

materials management program;

(b) Abrogate the planning and zoning authority granted local government

pursuant to KRS Chapter 100; or

(c) Waive any reporting requirement established by state or federal law or

regulation.