{"data":{"id":"us-ky/krs-217.580","jurisdiction":"us-ky","citation":"KRS 217.580","heading":"Authority of department.","body":"(1) The department may, after due notice and an opportunity for a hearing:\n(a) Declare as a pest any form of plant or animal life or virus, except virus,\nbacteria, or other micro-organisms on or in living man or other living animals,\nwhich is injurious to plants, animals, or the environment;\n(b) Determine whether pesticides registered under the authority of Section 24(c)\nof FIFRA are highly toxic to man. The definition of highly toxic, as defined in\nTitle 40, Code of Federal Regulations 162.8 as issued or herea fter amended,\nshall govern the department in this determination;\n(c) Determine standards of coloring or discoloring for pesticides and to subject\npesticides to the requirements for coloration or discoloration if the department\ndetermines such requirements are necessary for the protection of health and\nthe environment;\n(d) Determine pesticides, and quantities of substances contained in pesticides,\nwhich are injurious to the environment and shall be guided by EPA\nregulations in this determination.\n(2) The department may:\n(a) Effect the collection and examination of samples of pesticides and devices to\ndetermine compliance with the requirements of KRS 217.542 to 217.630, and\nmay at all reasonable hours enter any car, warehouse, store, building, boat,\nvessel or other place supposed to contain pesticides or devices for the purpose\nof inspection or sampling and to procure samples for analysis or examination\nfrom any lot, package or parcel of pesticides or device;\n(b) Publish from time to time, in such form as it ma y deem proper, reports of the\nresults of the analyses of official samples of pesticides distributed within the\nstate;\n(c) After a public hearing, make appropriate regulations relating to the sale and\ndistribution of pesticides as may be necessary for carry ing out the meaning of\nKRS 217.542 to 217.630, including but not limited to:\n1. The safe handling, transportation, storage, display, distribution and\ndisposal of pesticides and their containers;\n2. Labeling requirements of all pesticides required to be reg istered under\nKRS 217.542 to 217.630; provided, that such regulations shall not\nimpose any requirements for federally registered labels in addition to or\ndifferent from those required pursuant to FIFRA; and\n3. Specify classes of devices which shall be subj ect to the provisions of\nKRS 217.542 to 217.630.\n(d) Cooperate with, and enter into agreements with, any other agency of this state,\nthe United States Environmental Protection Agency, and any other state or\nagency thereof for the purpose of carrying out the provisions of KRS 217.542\nto 217.630.\n(3) For the p urpose of uniformity of requirements between states and the federal\ngovernment the department may, after a public hearing, adopt regulations in\nconformity with the primary pesticide standards, particularly as to the labeling,\nregistration requirements and \"restricted use pesticides\" as established by EPA or\nother federal or state agencies.","path":["KRS Chapter 217"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9391","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:26Z","sha256":"72b9b01d78de62fd8a587a3cc384baa5ae17a89640077538234aac1e71890ccc","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217.574","next":"us-ky/krs-217.590"},"notice":"GroundRules: Original legal text. Not legal advice."}