302 Ky. Admin. Regs. 26:030

Current through Register Vol. 51, No. 3, September 1, 2024

Section 302 KAR 26:030 - Pesticide recordkeeping

RELATES TO: KRS Chapter 217B

NECESSITY, FUNCTION, AND CONFORMITY: KRS 217B.050 requires the Department of Agriculture to promulgate administrative regulations to implement the provisions of KRS Chapter 217B. KRS 217B.105 requires the department to promulgate recordkeeping administrative regulations pertaining to KRS Chapter 217B. This administrative regulation establishes requirements for pesticide-related recordkeeping.

Section 1. Recordkeeping for Restricted Use Pesticide Distribution.

(1) Applicability. The provisions of this section shall apply to any person, including pesticide sales agents and dealers, distributing restricted use pesticides for use in an application.

(2) Any person who distributes restricted use pesticides shall maintain the following records with respect to the distribution of each restricted use pesticide:

(a) Purchaser's name and address;

(b) Date of the distribution;

(c) License number, license expiration date, and license category of the person obtaining the restricted use pesticide;

(d) Brand name, EPA registration number, quantity, and type of restricted use pesticide distributed;

(e) Emergency exemption or state special local need registration number, if applicable; and

(f) Name of target pest.

(3) Retention.

(a) All persons required to maintain records by 302 KAR Chapter 26 shall retain the records for a period of at least three (3) years from the date of distribution.

(b) Maintenance of duplicate records shall not be required.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

Section 2. Recordkeeping for Restricted Use and General Use Pesticide Applications.

(1)

(a) The provisions of this section shall apply to any private applicator, dealer, structural pest management company, licensed operator, licensed applicator, or trainee applying restricted use pesticides.

(b) The provisions of this section shall also apply to any private applicator, dealer, licensed operator, licensed applicator or trainee applying general use pesticides.

(c) Structural pest management companies and their associated licensed operators, licensed applicators, and trainees shall keep records for applications of general use pesticides as established in Section 3 of this administrative regulation.

(2) Private applicators, dealers, structural pest management companies, licensed operators, licensed applicators, and trainees who apply pesticides shall maintain the following records:

(a) Name and address of person receiving application services;

(b) Location of application;

(c) Size of area treated;

(d) Crop, commodity, stored product, or type of area treated;

(e) Time and date of application;

(f) Brand name or product name of pesticides applied;

(g) EPA registration number;

(h) Total amount of each pesticide applied per location per application;

(i) Name of person making the pesticide application;

(j) If application is made by a trainee, the name of the trainee;

(k) If application is made by a trainee, name and license number of the supervising applicator;

(l) Records required under 302 KAR 26:050 related to trainee supervision;

(m) Purpose of application; and

(n) Any other record as required by the label.

(3) Retention.

(a) All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.

(b) Maintenance of duplicate records shall not be required.

(c) If an application of a pesticide is made in the name of a person or business entity, then maintenance of only one (1) set of records for each application shall be required by that person or business entity, even if one (1) or more persons may have used or applied pesticides.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

Section 3. Recordkeeping for Structural General Use Pesticide Applications.

(1) Applicability.

(a) The provisions of this section shall apply to any structural pest management company and associated licensed operator, licensed applicator, or trainee using general use pesticides in structural applications.

(b) Structural pest management companies and their associated licensed operators, licensed applicators, and trainees shall keep records for applications of restricted use pesticides as established in Section 2 of this administrative regulation.

(2) Structural pest management companies and associated licensed operators, licensed applicators, or trainees who apply general use pesticides in structural applications shall maintain the following records:

(a) Name and address of person receiving application services;

(b) Location of application;

(c) A description of the use of the area where the pesticide application is made;

(d) Time and date of the pesticide application;

(e) Beginning and ending time of an application, if made in a school;

(f) Brand or product name of pesticides applied;

(g) Estimated amount of each pesticide applied;

(h) The target pests to be treated;

(i) Name of person making the pesticide application;

(j) If application is made by a trainee, the name of the trainee;

(k) If application is made by a trainee, name and license number of the supervising applicator; and

(l) Records required under 302 KAR 26:050 related to trainee supervision.

(3) Retention.

(a) All persons required to maintain records under this section shall retain the records for a period of at least three (3) years from the date of use or application.

(b) Maintenance of duplicate records shall not be required.

(4) Availability. All persons required to maintain records required under this section shall make these records available to the department upon request.

302 KAR 26:030

49 Ky.R. 203, 775; eff. 10/20/2022.

STATUTORY AUTHORITY: KRS 217B.050, 217B.105(7)