Current through Register Vol. 43, No. 52, December 26, 2024
(a) The categories and subcategories of
qualification for licensing of pesticide businesses and certification of
commercial applicators shall include the following:
(1) Category 1: agricultural pest control.
This category shall include any commercial application of pesticide in the
production of agricultural plants or animals.
(A) Subcategory 1A: agricultural plant pest
control. This subcategory shall include any commercial application of pesticide
on grasslands and noncrop agricultural lands, and in the production of
agricultural crops, including tobacco, peanuts, cotton, feed grains, soybeans
and forage, vegetables, small fruits, tree fruits, and nuts.
(B) Subcategory 1B: agricultural animal pest
control. This subcategory shall include any commercial application of pesticide
to places on, or in which, animals are confined and on animals, including beef
cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock. This
subcategory shall include any doctor of veterinary medicine who applies
pesticides for hire, engages in the large-scale use of pesticides, or is
publicly held out as a pesticide applicator.
(C) Subcategory 1C: wildlife damage control.
This sub-category shall include any commercial application of pesticide for the
management and control of wildlife in rangeland and agricultural areas.
Wildlife shall mean nondomesticated vertebrate species that hinder agricultural
and rangeland production.
(D)
Subcategory 1D: stump treatment. This subcate-gory shall be limited to the
commercial application of pesticide for the treatment of cut stumps to control
resprout-ing in pastures, rangeland, or lands held in conservation reserve.
Nothing in this subcategory shall prohibit stump treatment by pesticide
businesses and commercial applicators in other categories and subcategories
that include pesticide application to cut stumps.
(2) Category 2: forest pest control. This
category shall include any commercial application of pesticide in forests,
forest nurseries, and forest seed-producing areas.
(3) Category 3: ornamental and turf pest
control. This category shall include any commercial application of pesticide in
the maintenance of ornamental trees, shrubs, flowers, and turf.
(A) Subcategory 3A: ornamental pest control.
This sub-category shall include any commercial application of pesticide to
control pests in the maintenance and production of ornamental trees, shrubs,
and flowers. This subcate-gory shall not include those pests included in
subcategory 3C.
(B) Subcategory 3B:
turf pest control. This subcategory shall include any commercial application of
pesticide to control pests in the maintenance and production of turf.
(C) Subcategory 3C: interior landscape pest
control. This subcategory shall include any commercial application of pesticide
to control pests in the production and maintenance of houseplants and other
indoor ornamental plants kept or located within structures occupied by humans,
including houses, apartments, offices, shopping malls, and other places of
business and dwelling places.
(4) Category 4: seed treatment. This category
shall include any commercial application of pesticide on seeds.
(5) Category 5: aquatic pest control. This
category shall include any commercial application of pesticide to standing or
running water. Applicators engaged in public health pest control and
health-related pest control activities shall be excluded.
Subcategory 5S: sewer root control. This subcategory shall be
limited to any commercial application of pesticide for the control of roots in
sewer lines and septic systems.
(6) Category 6: right-of-way pest control.
This category shall include any commercial application of pesticide to control
vegetation in the maintenance of public roads, electric power lines, pipelines,
railway rights-of-way, industrial sites, parking lots, or other similar areas.
(A) This category shall include the types of
commercial pesticide application specified in subcategory 7C.
(B) This category shall not include those
types of commercial pesticide application specified in paragraph
(a)(9).
(7) Category 7:
industrial, institutional, structural, and health-related pest control.
(A) This category shall include any
commercial application of pesticide for the protection of stored, processed, or
manufactured products. This category shall also include any commercial
application of pesticide in, on, or around the following:
(i) Food handling establishments, human
dwellings, institutions including schools and hospitals, and any other similar
structures and the areas immediately adjacent to those structures;
and
(ii) industrial establishments
including warehouses, grain elevators, food processing plants, and any other
related structures and adjacent areas.
(B) Subcategory 7A: wood-destroying pest
control. This subcategory shall include any commercial application of pesticide
in the control of termites, powder post beetles, wood borers, wood rot fungus,
and any other wood-destroying pest.
(C) Subcategory 7B: stored products pest
control. This subcategory shall include any commercial application of pesticide
for the control of pests in stored grain and food products.
(D) Subcategory 7C: industrial weed control.
This sub-category shall include any commercial application of pesticide for the
control of pest weeds.
(E)
Subcategory 7D: health-related pest control. This subcategory shall include any
commercial application of pesticide in health programs for the management and
control of terrestrial and aquatic pests having medical or public health
significance.
(F) Subcategory 7E:
structural pest control. This sub-category shall include any commercial
application of pesticide in a structure for the control of any pest not covered
in subcategories 7A and 7B.
(G)
Subcategory 7F: wood preservation and wood products treatment. This subcategory
shall include any commercial application of pesticide made to extend the life
of wooden poles, posts, crossties, and other wood products to preserve or
protect them from damage by insects, fungi, marine organisms, weather
deterioration, or other wood-destroying agents.
(8) Category 8: public health pest control.
This category shall apply to qualification for commercial certification of
employees of government agencies, including state, federal, and other
governmental agencies, who apply or supervise the application of a
restricted-use pesticide for the management and control of terrestrial and
aquatic pests having medical or public health significance.
(9) Category 9: regulatory pest control. This
category shall apply to qualification for commercial certification of employees
of government agencies, including state, federal, and other governmental
agencies, who apply or supervise the application of a restricted-use pesticide
in the control of federally regulated and state-regulated pests.
(A) Subcategory 9A: noxious weed control.
This sub-category shall include qualification for commercial certification of
employees of state, federal, and other governmental agencies who use or
supervise the use of a restricted-use pesticide in the control of weed pests
regulated under the Kansas noxious weed law.
(B) Subcategory 9B: regulated pest control.
This sub-category shall include qualification for commercial certification of
employees of state, federal, and other governmental agencies who use or
supervise the use of a restricted-use pesticide in the control of federally
regulated or state-regulated pests not covered in subcategory 9A.
(10)
(A) Category 10: demonstration and research
pest control. This category shall include the following:
(i) Those persons who demonstrate to the
public the proper techniques for application and use of restricted-use
pesticides or who supervise such a demonstration. These persons shall include
extension specialists, county agents, commercial representatives who
demonstrate pesticide products, and persons who demonstrate, in public
programs, methods of pesticide use;
(ii) those persons who use or supervise the
use of restricted-use pesticides in conducting field research that involves the
use of pesticides. These persons shall include state, federal, and commercial
employees and other persons who conduct field research regarding or utilizing
restricted-use pesticides; and
(iii) qualified laboratory personnel using
restricted-use pesticides while engaged in pesticide research in areas where
environmental factors beyond the control of laboratory personnel, including
wind, rain, and similar factors, can affect the safe use of the pesticide or
can cause the pesticide to have an adverse impact on the environment.
(B) The persons listed in
paragraphs (a)(10)(A)(ii) and (iii) shall not be considered exempt from
certification under the provisions of
K.S.A.
2-2441a(d) and amendments
thereto.
(b)
Each pesticide business shall be licensed in all categories in which the
pesticide business makes commercial pesticide applications and shall employ one
or more persons who maintain commercial certification in each sub-category in
which the pesticide business makes commercial pesticide applications.
(c) Each state, federal, and other
governmental agency shall be registered in all categories and subcategories in
which the agency makes commercial pesticide applications.