{"data":{"id":"us-ky/krs-217.544","jurisdiction":"us-ky","citation":"KRS 217.544","heading":"Definitions for chapter.","body":"As used in this chapter, unless the context requires otherwise:\n(1) \"Active ingredient\" means any ingredient which will prevent, destroy, repel,\ncontrol, or mitigate pests, or which will act as a plant regulator, defoliant, or\ndesiccant, or as a functioning agent in a spray adjuvant;\n(2) \"Adulterated\" shall apply to any pesticide if its strength or purity falls below the\nprofessed standard or quality as expressed on its labeling or under which it is sold,\nor if any substance has been substituted wholly or i n part for the pesticide, or if any\nvaluable constituent of the pesticide has been wholly or in part abstracted;\n(3) \"Animal\" means all vertebrate and invertebrate species, including but not limited to\nman and other mammals, birds, fish, and shellfish;\n(4) \"Antidote\" means the most practical immediate treatment in case of poisoning and\nincludes first-aid treatment;\n(5) \"Board\" means the Pesticide Advisory Board;\n(6) \"Defoliant\" means any substance or mixture of substances intended to cause the\nleaves or foliage to drop from a plant, with or without causing abscission;\n(7) \"Desiccant\" means any substance or mixture of substances intended to artificially\naccelerate the drying of plant tissue;\n(8) \"Device\" means any instrument or contrivance other than a firear m which is\nintended for trapping, destroying, repelling, or mitigating any pest or any other\nform of plant or animal life other than man and other bacteria, virus, or other\nmicroorganisms on or in living man or other living animals; but not including\nequipment used for the application of pesticides when sold separately therefrom;\n(9) \"Distribute\" means to offer for sale, hold for sale, sell, barter, ship, deliver for\nshipment, or receive and, having received, deliver, or offer to deliver pesticides in\nthis state;\n(10) \"Environment\" includes water , air, land, and all plants and man and other animals\nliving therein and the interrelationships which exist among these;\n(11) \"EPA\" means the United States Environmental Protection Agency;\n(12) \"FIFRA\" means the Federal Insecticide, Fungicide and Rodentici de Act as\namended, and any regulations promulgated thereunder;\n(13) \"Fungi\" means all nonchlorophyll -bearing thallophytes; that is, all nonchlorophyll -\nbearing plants of a lower order than mosses and liverworts, as for example, rusts,\nsmuts, mildews, molds,  yeasts, bacteria, and viruses, except those on or in living\nman or other living animals, and except those in or on processed food, beverages, or\npharmaceuticals;\n(14) \"Highly toxic pesticide\" means any pesticide determined to be highly toxic under\nthe authority of sec. 25(c)(2) of FIFRA or by the department under this chapter;\n(15) \"Imminent hazard\" means a situation which exists when the continued use of a\npesticide would likely result in unreasonable adverse effects on the environment or\nwill involve unr easonable hazard to the survival of a species declared endangered\nby the secretary of the United States Department of Interior under Pub. L. 91-135 of\nthe United States Congress;\n(16) \"Inert ingredient\" means an ingredient which is not an active ingredient;\n(17) \"Ingredient statement\" means a statement of the name and percentage of each active\ningredient together with the total percentage of the inert ingredients in the pesticide\nand, when the pesticide contains arsenic in any form, a statement of the perce ntage\nof total and water-soluble arsenic, each stated as elemental arsenic;\n(18) \"Insect\" means any of the numerous small invertebrate animals generally having the\nbody more or less obviously segmented, for the most part belonging to the class\ninsecta, comprising six (6) legged, usually winged forms, as for example, beetles,\nbugs, bees, flies, and to other allied classes of arthropods whose members are\nwingless and usually have more than six (6) legs, as, for example, spiders, mites,\nticks, centipedes, and wood lice, also nematodes and other invertebrates which are\ndestructive, constitute a liability, and may be classed as pests;\n(19) \"Label\" means the written, printed, or graphic matter on, or attached to, the\npesticide or device, or to any of its containers or wrappers;\n(20) \"Labeling\" means the label and other written, printed, or graphic matter:\n(a) On the pesticide or device, or any of its containers or wrappers;\n(b) Accompanying the pesticide or device at any time or referring to it in any\nother media used to disseminate information to the public; and\n(c) To which reference is made on the label or in the literature accompanying the\npesticide or device, except when accurate nonmisleading reference is made to\ncurrent official publications of the United Sta tes Environmental Protection\nAgency, the Departments of Agriculture and Interior, the Department of\nHealth, Education and Welfare, and other similar federal institutions, the\nCollege of Agriculture, University of Kentucky, Kentucky Agricultural\nExperiment Station, Cabinet for Health and Family Services, Energy and\nEnvironment Cabinet, or other agencies of this state or other states when such\nagencies are authorized by law to conduct research in the field of pesticides;\n(21) \"Land\" means all land and water a reas, including air space and all plants, animals,\nstructures, buildings, contrivances, and machinery appurtenant thereto, or situated\nthereon, fixed or mobile, including any used for transportation;\n(22) \"Livestock\" means cattle, sheep, swine, goats, hors es, alpacas, llamas, buffaloes,\nand any other animals of the bovine, ovine, porcine, caprine, equine, or camelid\nspecies;\n(23) \"Misbranded\" means a pesticide is misbranded if:\n(a) Its labeling bears any statement, design, or graphic representation relative\nthereto or to its ingredients which is false or misleading in any particular;\n(b) It is an imitation of or is distributed under the name of another pesticide;\n(c) The labeling accompanying it does not contain directions for use which are\nnecessary for eff ecting the purpose for which the product is intended and, if\ncomplied with, together with any requirements imposed under section 3(d) of\nFIFRA are adequate to protect health and the environment;\n(d) The labeling does not contain a statement of the use clas sification under\nwhich the product is registered by EPA;\n(e) The label does not contain a warning or caution statement required under\nsection 3(d) of FIFRA;\n(f) The label does not bear an ingredient statement on that part of the immediate\ncontainer, and on  the outside container or wrapper, if there be one, through\nwhich the ingredient statement on the immediate container cannot be clearly\nread, of the retail package which is presented or displayed under customary\nconditions of the purchase; provided, that the ingredient statement may appear\nprominently on another part of the container pursuant to section 2(q) 2(A) (i)\n(ii) of FIFRA if the size and form of the container makes it impractical to\nplace it on that part of the retail package which is presented or displayed\nunder customary conditions of purchase;\n(g) Any word, statement, or other information required by KRS 217.542 to\n217.630 or FIFRA to appear on the label or labeling is not prominently placed\nthereon with such conspicuousness, as compared to other  words, statements,\ndesigns, or graphic matter in the labeling, and in such terms as to render it\nlikely to be read and understood by the ordinary individual under customary\nconditions of purchase and use;\n(h) The label does not bear the name, brand, or tr ademark under which the\npesticide is distributed;\n(i) The label does not bear the net weight or measure of the content;\n(j) The label does not bear the name and address of the manufacturer, registrant,\nor person for whom manufactured; and\n(k) The label doe s not bear the EPA registration number assigned to each\nestablishment in which the product is produced and the EPA number assigned\nto the pesticide, if required by regulation under FIFRA;\n(24) \"Nematode\" means invertebrate animals of the phylum nemathelminthes and class\nnematoda, that is, unsegmented round worms with elongated, fusiform, or sac -like\nbodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may\nalso be called nemas or eelworms;\n(25) \"Person\" means any individual, partnership, association, or any organized group of\npersons whether incorporated or not;\n(26) \"Pest\" means any insect, snail, slug, rodent, nematode, fungus, weed, and any other\nform of plant or ani mal life, or virus, bacteria, or other microorganism, except\nviruses, bacteria, or other microorganisms on or in living man or other living\nanimals, which is normally considered to be a pest, or which the department may\ndeclare to be a pest;\n(27) \"Pesticide\" means any substance or mixture of substances intended to prevent,\ndestroy, control, repel, attract, or mitigate any pest; any substance or mixture of\nsubstances intended to be used as a plant regulator, defoliant, or desiccant; and any\nsubstance or mixture of substances intended to be used as a spray adjuvant;\n(28) \"Plant regulator\" means any substance or mixture of substances, intended through\nphysiological actions, to accelerate or retard the rate of growth or maturation, or to\notherwise alter the beha vior of plants, but shall not include substances insofar as\nthey are intended to be used as plant nutrients, trace elements, nutritional chemicals,\nplant inoculants, or soil amendments;\n(29) \"Protect health and the environment\" means protection against any  unreasonable\nadverse effects on the environment;\n(30) \"Registrant\" means a person who has registered any pesticide pursuant to the\nprovisions of KRS 217.542 to 217.630;\n(31) \"Restricted-use pesticide\" means any pesticide classified for restricted use by t he\nadministrator, EPA, or by regulation of the department;\n(32) \"Spray adjuvant\" means any wetting agent, spreading agent, sticker, deposit builder,\nadhesive, emulsifying agent, deflocculating agent, water modifier, or similar agent\nintended to be used wit h any other pesticide as an aid to the application or to the\neffect thereof, and which is in a package or container separate from that of the other\npesticide with which it is to be used;\n(33) \"Unreasonable adverse effects on the environment\" means any unre asonable risk to\nman or the environment, taking into account the economic, social, and\nenvironmental costs and benefits of the use of any pesticide;\n(34) \"Weed\" means any plant which grows where not wanted; and\n(35) \"Wildlife\" means all living things that are neither human, domesticated, nor as\ndefined in KRS 217.542 to 217.630, pests, including but not limited to mammals,\nbirds, and aquatic life.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57181","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:26Z","sha256":"707a8dd5b6054a5ac487fd4096344f9a91db318bf004130282a3a79fcc16b207","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.542","next":"us-ky/krs-217.550"},"notice":"GroundRules: Original legal text. Not legal advice."}