{"data":{"id":"us-ky/krs-217b.195","jurisdiction":"us-ky","citation":"KRS 217B.195","heading":"Effect of use of pesticides or fertilizers -- Limit on liability for.","body":"(1) No person engaged in farming who has applied or used or arranged for the\napplication or use of any fertilizer, plant growth regulator, or pesticide as defined in\nthe Federal Insecticide, Fungicide, and Rodenticide Act, as amended, shall be\nresponsible or l iable without proof of negligence or lack of due care, for any\ndamages or response costs relating to any direct or indirect discharge or release into,\nor actual or threatened pollution of, the land, waters, air, or other resources of the\nstate that is or m ay be associated with or resulting from the application or use,\nprovided that:\n(a) The application or use was in a manner consistent with the labeling of the\nfertilizer, plant growth regulator, or pesticide and in accordance with\nacceptable agricultural ma nagement practices and all applicable state and\nfederal laws and regulations at the time of the application or use;\n(b) The state or federal government, or any of its agencies, had approved,\nrecommended, or permitted the application or use and there is no finding that\nany conditions of the approval, recommendation, or permit were violated, or\nthat warnings or limitations regarding the application or use were ignored; and\n(c) The fertilizer, plant growth regulator, or pesticide was licensed by or\nregistered with the state or federal government at the time of the application or\nuse and the person, firm, or corporation knew of no special geological,\nhydrological, or soil type condition existing on the land which rendered the\napplication or use likely to cause p ollution. No person, firm, or corporation\nshall be liable based solely on ownership of the land where the application or\nuse took place.\n(2) For the purposes of this section, farming means the cultivation of land used for the\nproduction of agricultural crops, livestock or livestock products, forestry or forestry\nproducts, milk or dairy products, poultry or poultry products, aquaculture or\naquacultural products, and horticulture or horticultural products.\n(3) Nothing in this section shall be construed to pro hibit any cause of action based on\nstrict tort liability against any manufacturer of the fertilizer, plant growth regulator,\nor pesticide.\n(4) Any and all ordinances of any unit of local government now in effect or hereafter\nadopted that are in conflict with this section shall be void.","path":["KRS Chapter 217B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=9549","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:28Z","sha256":"3371573aa842a29fbfc4d2ec3434b9ba1c8e0cce0b55d2cc249c42854f2392d8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217b.193","next":"us-ky/krs-217b.200"},"notice":"GroundRules: Original legal text. Not legal advice."}