{"data":{"id":"us-ky/krs-217b.040","jurisdiction":"us-ky","citation":"KRS 217B.040","heading":"Definitions for chapter.","body":"For the purposes of this chapter, unless the context requires otherwise:\n(1) \"Applicant\" means a person applying for a license or registration under this chapter;\n(2) \"Branch office\" means any location of a dealer other than its designated principal\nplace of business location, but does not include on -premises and off-premises bulk\nstorage or receiving warehouses used solely for the purpose of customer order\nfilling;\n(3) \"Dealer\" means any person that engages in the storage of bulk fertilizer or a\nrestricted use pesticide for the purpose of redistribution or direct resale, or engages\nin the business of applying any pesticide to the lands of another. A \"dealer\" does not\ninclude a manufacturer of a fertilizer or a restricted use pesticide who distributes his\nor her product solely to a dealer;\n(4) \"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(5) \"Department\" means the Kentucky Department of Agriculture;\n(6) \"Desiccant\" means any substance or mixture of substances intended to artificially\naccelerate the drying of plant tissues;\n(7) \"Direct supervision\" means the act or process whereby the application of a pesticide\nis made by a competent person acting under the instructions and control of a\ncertified operator or certified applicator who is responsible for the actions of that\nperson and who is available if and when needed, even though such certified\noperator or certified applicator is not physically present at  the time and place the\npesticide is applied;\n(8) \"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 any pesticides\nin this state excepting internal distribution within a company or organization;\n(9) \"EPA\" means the United States Environmental Protection Agency;\n(10) \"Equipment\" means any type of ground, water, or aerial equipment, device, or\ncontrivance using motorized, mechanical, or pressurized power  and used to apply\nany pesticide on land and anything that may be growing, habitating, or stored on or\nin the land, but shall not include any pressurized hand -sized household device used\nto apply any pesticide;\n(11) \"Fertilizer\" means any substance contain ing one (1) or more recognized plant\nnutrients, which is used for its plant nutrient content and which is designed for use\nor claimed to have value in promoting plant growth, except unmanipulated animal\nand vegetable manures, marl, lime, limestone, wood as hes, and other products\nexempted by administrative regulation;\n(12) \"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\nhumans or other living animals, and except those in or on processed food,\nbeverages, or pharmaceuticals;\n(13) \"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, wasps, and flies, and includes other allied classes of arthropods whose\nmembers are  wingless and usually have more than six (6) legs, as for example,\nspiders, mites, ticks, centipedes, and wood lice, and also nematodes and other\nworms, and any other invertebrates which are destructive, constitute a liability, and\nmay be classed as pests;\n(14) \"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(15) \"Land\" means all land and water areas, including airspace, and all plants, animals,\nstructures, buildings, devices, and contrivances and machinery appurtenant to or\nsituated on them, fixed or mobile, including any used for transportation;\n(16) \"Livestock\" means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or\nany other animals of the bovine, ovine, porcine, caprine, equine, or camelid species;\n(17) \"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, and\nmay also be called nemas or eelworms;\n(18) \"Noncommercial applicator\" means any licensed individual mak ing applications of\npesticides to lands owned, occupied, or managed by his or her employer;\n(19) \"Noncommercial license\" means a license that is issued by the department for\nnoncommercial use, and shall be valid only when an individual is making\napplications of pesticides to lands owned, occupied, or managed by his or her\nemployer;\n(20) \"Person\" means any individual, partnership, association, or any organized group of\npersons, whether incorporated or not;\n(21) \"Pest\" means:\n(a) Any insect, snail, slug, rodent, nematode, fungus, or weed; or\n(b) Any other form of plant or animal life, or virus, bacteria, or other\nmicroorganism, except viruses, bacteria, or other microorganisms on or in\nliving humans or other living animals, which is normally considered to be a\npest, or which the department declares to be a pest;\n(22) \"Pesticide\" means:\n(a) Any substance or mixture of substances intended to prevent, destroy, control,\nrepel, attract, or mitigate any pest;\n(b) Any substance or mixture of substances intended to be used as a plant\nregulator, defoliant, or desiccant; or\n(c) Any substance or mixture of substances intended to be used as a spray\nadjuvant, once they have been mixed with an EPA-registered product;\n(23) \"Pesticide applicator\" means any individual employed o r supervised by a pesticide\noperator to apply pesticides. The term does not include trainees;\n(24) \"Pesticide operator\" means any individual who owns or manages a pesticide\napplication business that is engaged in the business of applying pesticides upon th e\nlands of another;\n(25) \"Pesticide sales agent\" means an individual who is employed by a dealer and\nsupervises the sale or distribution of restricted use pesticides to the final user;\n(26) \"Plant regulator\" means any substance or mixture of substances int ended through\nphysiological action to accelerate or retard the rate of growth or maturation, or to\notherwise alter the behavior 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(27) \"Restricted use pesticide\" means any pesticide classified for restricted use by the\nadministrator of the EPA, or by administrative regulation of the department;\n(28) \"Snails or slugs\" include all harmful mollusks;\n(29) \"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 with any other pesticide as an aid to the appl ication or to the\neffect of it, and which is in a package or container separate from that of the other\npesticide with which it is to be used;\n(30) \"Trainee\" means an individual who has been employed by a dealer and is working\nunder the direct supervision of a licensed operator or applicator;\n(31) \"Weed\" means any plant which grows where not wanted; and\n(32) \"Wildlife\" means all living things that are neither human, domesticated, nor, as\ndefined in this chapter, pests, including but not limited to mammals, b irds, and\naquatic life.","path":["KRS Chapter 217B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51106","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:28Z","sha256":"423179801673f5b6151e7746f6d9cf48cb0b813e2ad5c89213b7bf8740906fc6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217b.030","next":"us-ky/krs-217b.050"},"notice":"GroundRules: Original legal text. Not legal advice."}