{"data":{"id":"us-ky/krs-217b.050","jurisdiction":"us-ky","citation":"KRS 217B.050","heading":"Authority for administrative regulations.","body":"(1) The department shall administer and enforce the provisions of this chapter and\npromulgate administrative regulations to carry out the provisions of this chapter and\nin the administrative regulations may prescribe methods to be used in the storage of\nfertilizers, and the storage and application of pesticides. Where the department finds\nthat the administrative regulations are necessary to carry out the purpose and intent\nof this chapter, the administrative regulations may relate to the time, place, manner,\nand method of storage and application of pesticides and fertilizers, may restrict or\nprohibit use of pesticides in designated areas during specified periods of time, and\nshall encompass all reasonable factors which the department deems necessary to\nprevent damage or injury by drift or misapplication to:\n(a) Plants, including forage plants, on adjacent or nearby lands;\n(b) Wildlife in the adjoining or nearby areas;\n(c) Fish and other aquatic life in waters in reasonable proximity to the area to be\ntreated; and\n(d) Pollinating insects, animals, or persons.\n(2) In promulgating the administrative regulations, the department shall give\nconsideration to pertinent research findings and recommendations of other agencies\nof this state and of the federal government.\n(3) The department may by administrative regulation adopt a list of \"restricted use\npesticides\" for the state or for designated areas within the state if it finds that the\ncharacteristics of the pesticides require restricting their use to prevent injury on\nlands other than the land to which they are applied, or to persons, animals, crops, or\npests or vegetation other than the pests or vegetation which they are intended to\ndestroy. For the purpose of uniformity of requirements between the states and the\nfederal government, the department may adopt the list of \"restricted use pesticides\"\nas established by the Environmental Protection Agency or other federal or state\nagencies.\n(4) The department may establish additional classifications of applicator or operator\nlicenses as required for conformance with the Federal Environmental Pesticide\nControl Act of 1972. The classifications may include private farmer applicators,\ncommercial establishment applicators, and government employee applicators not\nspecifically mentioned in this chapter. The administrative regulations may specify\nlicensing conditions, procedures, and fees.\n(5) In addition to the fees authorized in subsection (4) of this section, the department\nmay, by administrative regulation, establish fees for carryin g out the provisions\nrequired or authorized by this chapter.\n(6) In addition to other authority conferred by statute, the department shall develop a\nregulatory program for regulating application and notice of application of pesticides\nfor lawn care and mosquito control.","path":["KRS Chapter 217B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51107","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:28Z","sha256":"c65e6e68126acd3ea2fe7e7e3865beeb80858bd2d4739e3dc5cc34418642864d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217b.040","next":"us-ky/krs-217b.060"},"notice":"GroundRules: Original legal text. Not legal advice."}