{"data":{"id":"us-ky/krs-217.570","jurisdiction":"us-ky","citation":"KRS 217.570","heading":"Registration of pesticides -- Annual inspection fee -- Renewal.","body":"(1) (a) Except as provided by paragraph (b) of this subsection, every pesticide\ndistributed within the state or delivered for transportation or transported in\nintrastate commerce or between points within the state through points outside\nthe state shall be registered with the department.\n(b) Registration is not required if:\n1. A pesticide is shipped from one (1) plant or warehouse to another plant\nor warehouse operated by the same pers on and used solely at the plant\nor warehouse as a constituent part to make a pesticide which is\nregistered under the provisions of KRS 217.542 to 217.630; or\n2. If the pesticide is distributed under the provisions of an experimental use\npermit issued under  the provisions of KRS 217.542 to 217.630 or an\nexperimental use permit issued by EPA.\n(c) All registrations shall expire on the thirty -first day of December of the\ncalendar year for which they were issued.\n(2) The applicant for registration shall file with the department, a statement containing:\n(a) The name and address of the applicant and the name and address of the person\nwhose name will appear on the label, if other than the applicant's;\n(b) The name of the pesticide and its EPA registration number;\n(c) A complete copy of the labeling accompanying the pesticide and a statement\nof all claims made or to be made for it including directions for use and a\nrequest that the pesticide be classified for nonrestri cted use, for restricted use,\nor for both as provided for in FIFRA. In the case of renewal of registration, a\nstatement shall be required only with respect to information which is different\nfrom that furnished when the pesticide was registered or last rere gistered,\nunless the department requests a copy of the labeling; and\n(d) Other necessary information as specified by the department on the application\nfor registration form.\n(3) The department may require a full description of the tests made and results of  the\ntests upon which the claims are based on any pesticide not registered in accordance\nwith Section 3 of FIFRA, or on any pesticide on which restrictions are being\nconsidered.\n(4) (a) The applicant desiring to register a pesticide in this state shall mak e\napplication on forms furnished by the department, and, for the purposes\nidentified in paragraph (b) of this subsection, shall pay to the department an\nannual fee of two hundred fifty dollars ($250) for each and every brand or\ngrade to be offered for sale  in this state. There shall be issued to the registrant\nby the department a license entitling the registrant to sell all duly registered\nbrands in this state until the expiration of the license.\n(b) The annual fees received by the department shall be used to fund:\n1. The Kentucky Agriculture and Environment in the Classroom program,\na program administered by the department;\n2. The farm chemical and container disposal program, a program\nadministered by the department;\n3. The cost -sharing program through the department and the Energy and\nEnvironment Cabinet, Division of Conservation, for the use of farmers\nin implementing agricultural production practices that protect the quality\nof soil and water resources; and\n4. Expenses incurred in the enforcement of KRS 217.542 to 217.630.\n(5) The department, when necessary in the administration of KRS 217.542 to 247.630,\nmay require the submission of the complete formula of any pesticide, including the\nactive and inert ingredients.\n(6) The department may refuse to registe r, or to cancel the registration of, any brand of\npesticide upon satisfactory proof that the registrant has been guilty of fraudulent\nand deceptive practices in evasions or attempted evasions of the provisions of KRS\n217.542 to 217.630 or any administrativ e regulations promulgated under KRS\n217.542 to 217.630. No registration shall be revoked or refused until the registrant\nhas been given a hearing by the department.\n(7) Registrants desiring to renew registrations shall file with the department an\napplication for renewal prior to January 1. Any registration in effect on the thirty -\nfirst day of December and for which a renewal application has been made and the\nproper fee paid shall continue in full force and effect until the department has\nnotified the applicant that the registration has been renewed, or denied.\n(8) If the renewal of a pesticide registration is not filed prior to January 15 of any year,\nor if a new product is sold or offered for sale prior to registration, an additional fee\nof ten dollars ($10 ) shall be assessed and added to the original fee before the\nregistration of that pesticide is renewed or a new registration is accepted. The\nadditional fee shall not apply if the applicant furnishes an affidavit certifying that he\ndid not distribute any u nregistered pesticides during the period of nonregistration.\nThe payment of the additional fee is not a bar to any prosecution for doing business\nwithout proper registry.\n(9) Upon certification by the administrator of EPA to register pesticides in accordan ce\nwith Section 24(c) of FIFRA, the department may register the pesticides if it\ndetermines that:\n(a) Its composition warrants the proposed claims for it;\n(b) Its labeling and other material required to be submitted meet with the\nrequirements of KRS 217.542 to 217.630;\n(c) It will perform its intended function, and when used in accordance with\nwidespread and commonly recognized practice, will not cause unreasonable\nadverse effects on the environment; and\n(d) The registration is not disapproved by the administrator of EPA.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9388","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:26Z","sha256":"05d0f3a937c292512c9d582f11489c0e303608ed11b5318e515609bf2c909e8a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.565","next":"us-ky/krs-217.572"},"notice":"GroundRules: Original legal text. Not legal advice."}